Terms of service

Last updated: June 26, 2026
BirdieSense operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). BirdieSense is powered by Shopify, which enables us to provide the Services to you. The Services describe how we collect, use, and disclose your personal information when you visit, use, or make a purchase or other transaction using the Services or otherwise communicate with us. If there is a conflict between our Terms of Service and Privacy Policy, this Privacy Policy controls with respect to the collection, processing, and disclosure of your personal information.
Please read The Services carefully. By using and accessing any of the Services, you acknowledge that you have read The Services and understand the collection, use, and disclosure of your information as described in The Services.

Personal Information We Collect or Process

When we use the term "personal information," we are referring to information that identifies or can reasonably be linked to you or another person. Personal information does not include information that is collected anonymously or that has been de-identified, so that it cannot identify or be reasonably linked to you. We may collect or process the following categories of personal information, including inferences drawn from this personal information, depending on how you interact with the Services, where you live, and as permitted or required by applicable law:
  • Contact details including your name, address, billing address, shipping address, phone number, and email address.
  • Financial information including credit card, debit card, and financial account numbers, payment card information, financial account information, transaction details, form of payment, payment confirmation and other payment details.
  • Account information including your username, password, security questions, preferences and settings.
  • Transaction information including the items you view, put in your cart, add to your wishlist, or purchase, return, exchange or cancel and your past transactions.
  • Communications with us including the information you include in communications with us, for example, when sending a customer support inquiry.
  • Device information including information about your device, browser, or network connection, your IP address, and other unique identifiers.
  • Usage information including information regarding your interaction with the Services, including how and when you interact with or navigate the Services.
  • Device, Functional, and Hardware Diagnostic Data: Depending on the product and services used, we automatically collect specific technical data related to the BirdieSense hardware equipment and the IT devices used in connection with its operation. This includes camera system information, unique device identifiers (UUID/MAC address), serial numbers, firmware versions, internal hardware and battery temperature (collected for safety monitoring), power on/off timestamps, battery cycle health, total cumulative usage time, user ID, signup date, login history, IP address, network configuration properties (including Wi-Fi network name/SSID and Bluetooth pairing logs), and detailed operational statuses of connected mobile devices or peripherals.
  • Precise Location and Positioning Data (GPS): Real-time geographical location data and GPS coordinates captured continuously or periodically via your BirdieSense hardware tracking unit or connected mobile applications. This location-based functional data is collected to map specific golf course layouts, measure shot trajectories, calculate precise distances to targets, account for localized environmental factors, and calibrate tracking sensors to your immediate physical surroundings.
  • Athletic Performance and Golf Telemetry Data: Including the exact timestamp and metrics of your golf activities, such as session duration, the date and time of your last recorded shot, and granular athletic telemetry captured by our sensors and processed by our AI companion engine. This includes, but is not limited to, club head speed, ball speed, smash factor, launch angle, spin rate, apex, carry distance, face angle, swing path, tempo, as well as raw and processed video recordings, skeletal tracking data, or spatial imagery of your golf swing stance and execution used to generate AI coaching feedback. Where features are actively enabled, video recordings and spatial imagery may also be processed for automated player recognition and identification. This brief facial or structural analysis allows the system to distinguish between different individuals during use, securely identify participants, and effortlessly tag individual shots with the correct player ID across shared devices or during multi-player sessions.
  • Use by Registered and Unregistered Users (Coaches, Organizers, and Players): Our Services process information for both registered users (such as device owners, golf coaches, and event or tournament organizers) and unregistered users (such as individual players, students, or participants). If you are a registered user who makes BirdieSense products or services available to third parties, students, or event participants, it is your sole legal responsibility as the equipment operator to inform them of the contents of this Privacy Policy prior to the commencement of any session. Furthermore, you must not capture or save video recordings of any unregistered players or process their athletic metrics through our platform unless you have obtained their explicit, prior consent to do so in accordance with applicable local data protection laws.

Personal Information Sources

We may collect personal information from the following sources:
  • Directly from you including when you create an account, visit or use the Services, communicate with us, or otherwise provide us with your personal information;
  • Automatically through the Services including from your device when you use our products or services or visit our websites, and through the use of cookies and similar technologies;
  • From our service providers including when we engage them to enable certain technology and when they collect or process your personal information on our behalf;
  • From our partners or other third parties.

How We Use Your Personal Information

Depending on how you interact with us or which of the Services you use, we may use personal information for the following purposes:
  • Provide, Tailor, and Improve the Services. We use your personal information to provide you with the Services, including to perform our contract with you, to process your payments, to fulfill your orders, to remember your preferences and items you are interested in, to send notifications to you related to your account, to process purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, to facilitate any returns and exchanges, to enable you to post reviews, and to create a customized shopping experience for you, such as recommending products related to your purchases. This may include using your personal information to better tailor and improve the Services.
  • Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you online advertisements for products or services on the Services or other websites, including based on items you previously have purchased or added to your cart and other activity on the Services.
  • Security and Fraud Prevention. We use your personal information to authenticate your account, to provide a secure payment and shopping experience, detect, investigate or take action regarding possible fraudulent, illegal, unsafe, or malicious activity, protect public safety, and to secure our services. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password or other access details with anyone else.
  • Communicating with You. We use your personal information to provide you with customer support, to be responsive to you, to provide effective services to you and to maintain our business relationship with you.
  • Legal Reasons. We use your personal information to comply with applicable law or respond to valid legal process, including requests from law enforcement or government agencies, to investigate or participate in civil discovery, potential or actual litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our terms or policies.

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:
  • With Shopify, vendors and other third parties who perform services on our behalf (e.g. IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
  • With business and marketing partners to provide marketing services and advertise to you. For example, we use Shopify to support personalized advertising with third-party services based on your online activity with different merchants and websites. Our business and marketing partners will use your information in accordance with their own privacy notices. Depending on where you reside, you may have a right to direct us not to share information about you to show you targeted advertisements and marketing based on your online activity with different merchants and websites. You can exercise your rights to opt-out of those uses here .
  • When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations.
  • With our affiliates or otherwise within our corporate group.
  • In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service or policies, and to protect or defend the Services, our rights, and the rights of our users or others.

Relationship with Shopify

The Services are hosted by Shopify, which collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide and improve the Services for you. In addition, to help protect, grow, and improve our business, we use certain Shopify enhanced features that incorporate data and information obtained from your interactions with our Store, along with other merchants and with Shopify. To provide these enhanced features, Shopify may make use of personal information collected about your interactions with our store, along with other merchants, and with Shopify. In these circumstances, Shopify is responsible for the processing of your personal information, including for responding to your requests to exercise your rights over use of your personal information for these purposes. To learn more about how Shopify uses your personal information and any rights you may have, you can visit the Shopify Consumer Privacy Policy . Depending on where you live, you may exercise certain rights with respect to your personal information here Shopify Privacy Portal Link.

Third Party Websites and Links

The Services may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Children's Data

The Services are not intended to be used by children, and we do not knowingly collect any personal information about children under the age of 13 in the United States (in compliance with the Children's Online Privacy Protection Act - COPPA), under the age of 16 or such lower age as applicable in your EU/EEA member state (pursuant to GDPR Article 8), or under the age of 13 in the United Kingdom. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted. As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined in applicable law) personal information of individuals under 16 years of age.

Security and Retention of Your Information

We implement industry-standard technical and organizational measures including TLS encryption, access controls, and regular security audits. In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide you with Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies. In accordance with the storage limitation principle under Article 5(1)(e) of the GDPR, we minimize data retention and apply the following specific schedules based on categories of information:
  • Account, Contact, and Transaction Information: Retained for as long as your account remains active, or up to 7 years following a purchase transaction to satisfy statutory financial, tax, and corporate auditing requirements.
  • Device and Usage Information: Retained for a maximum period of 24 months from the date of collection to support platform optimization, security monitoring, and fraud prevention.
  • Customer Communications: Retained for up to 3 years following the resolution of your inquiry to ensure service quality and continuity.
Upon the expiration of these specific retention periods or when the designated purpose of processing is fulfilled, we will either permanently and securely delete your personal information from our systems or irreversibly de-identify and anonymize the data so that it can no longer be linked to identify you.

Your Rights and Choices

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
  • Right to Access / Know. You may have a right to request access to personal information that we hold about you.
  • Right to Delete. You may have a right to request that we delete personal information we maintain about you.
  • Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
  • Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
  • Right to Opt out of Sale or Sharing for Targeted Advertising. Depending on where you reside, you may have a right to opt out of the "sale" or "share" of your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in applicable privacy laws. You can exercise your rights to opt-out of those uses here. Please note that if you visit our website with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out for the device and browser that you use to visit the website. If we are able to associate the device sending the signal to a Shopify account, we will apply the opt out request to the account as well. To learn more about Global Privacy Control, you can visit https://globalprivacycontrol.org/. Other than the Global Privacy Control, we do not recognize other "Do Not Track" signals that may be sent from your web browser or device.
  • Managing Communication Preferences. We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.
You may exercise any of these rights where indicated on the Services or by contacting us using the contact details provided below. To learn more about how Shopify uses your personal information and any rights you may have, including rights related to data processed by Shopify, you can visit https://privacy.shopify.com/en.
We will not discriminate against you for exercising any of these rights. We may need to verify your identity before we can process your requests, as permitted or required under applicable law. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.
U.S. State Privacy Rights (Including California CCPA/CPRA Notice): If you are a resident of California or other U.S. states with comprehensive privacy regulations, you possess specific statutory rights regarding your personal information. Under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), these include the right to know/access the specific pieces of personal information collected, the right to delete personal information, the right to correct inaccurate data, and the right to opt-out of the "sale" or "sharing" of your personal information for cross-context behavioral advertising (which you may exercise via our designated opt-out mechanisms or via a recognized Global Privacy Control signal).
BirdieSense does not sell your personal information for monetary compensation. However, we may "share" device identifiers and usage data with third-party marketing partners to deliver targeted advertisements. If you utilize our tracking hardware, you also have the right to limit the use or disclosure of your "Sensitive Personal Information" (such as precise GPS location data) to only what is necessary to perform our services.

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. Depending on where you live, you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

International Transfers

Please note that our store is located in the United States. If you are accessing our website from outside the United States, we may transfer, store, and process your personal information outside the country you live in, including to the United States.
In accordance with global data protection frameworks, including Article 44 of the General Data Protection Regulation (GDPR), any transfer of personal data to a third country or international organization shall take place only if the conditions laid down in Chapter V of the GDPR are strictly complied with by both the controller and processor, including for any onward transfers, to ensure that the level of protection of natural persons guaranteed by the regulation is not undermined.
If we transfer your personal information out of the European Economic Area (EEA) or the United Kingdom (UK) to the United States or other countries, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses (SCCs), the EU-U.S. Data Privacy Framework (and its UK Extension), or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection. To verify the effectiveness of these safeguards, we perform rigorous Transfer Impact Assessments (TIAs) where necessary to evaluate the local laws and surveillance frameworks of the destination countries, implementing supplementary technical, organizational, or legal measures as required to fully secure the transfer chain.

Safety Warnings

Device Tracking and Sensor Disclaimer. BirdieSense hardware, devices, and associated wearables are intended to be tools to provide you with data and information to encourage an active and healthy lifestyle. BirdieSense relies on advanced hardware sensors that track your body movements, golf swing mechanics, and other physical metrics. You acknowledge that the data and information provided by these devices are intended to be a close estimation of your activity and tracked metrics, but may not be precisely accurate or error-free. BirdieSense products are not medical devices, and the data provided by them is not intended to be utilized for medical purposes and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. BirdieSense strongly recommends that you consult your physician or general practitioner before engaging in any exercise routine or physical training.
Professional Advice Disclaimer. All insights, swing analyses, metric reports, and automated training recommendations provided via the Content and Services are intended exclusively for general athletic instruction and educational purposes. The informational output generated by our AI engine, even when customized to your specific metrics, must never be treated as a substitute for, nor does it replace, professional medical advice, diagnosis, clinical evaluation, or personalized physical therapy. You are strongly advised to seek guidance from a qualified physician or healthcare provider before commencing or modifying any golf training or fitness regimen. Relying on any automated routines or metrics communicated through our platform is done solely at your own risk. Delaying, disregarding, or avoiding professional medical evaluation due to material encountered on the Services is explicitly discouraged.
Furthermore, nothing published on BirdieSense platforms constitutes the practice of medicine, physical rehabilitation, or professional healthcare counseling. For the avoidance of doubt, the practice of medicine or clinical care under these Terms extends to providing diagnosis, prognosis, treatment plans, or instructions for injuries, physical conditions, or psychological well-being. Because our Services undergo continuous athletic and technological optimization, BirdieSense provides no warranties—implied or express—regarding the absolute accuracy, completeness, or universal suitability of our training insights. Ongoing advancements in sports science and medical research may outdate the fitness or physical guidance presented here, and we give no assurance that the automated feedback will invariably encompass the most current medical or athletic discoveries.
Medical Disclaimer and User Representations. Prior to engaging in any physical practice or training routines via the Services, you must affirm that you have either obtained explicit medical approval from your physician or general practitioner, or that all of the following conditions are strictly and accurately met:
  • (i) You have not experienced unprovoked chest pain within the past month, nor have you ever felt chest pain or tightness when engaging in physical activities or golf practices;
  • (ii) No healthcare provider has ever diagnosed you with a chronic disease or heart condition, or advised you to limit your physical exertion to medically supervised routines;
  • (iii) You do not have a history of chronic high blood pressure, nor are you currently taking any prescription medications for blood pressure control or cardiac regulation;
  • (iv) No member of your immediate family has a history of premature heart conditions or severe cardiovascular issues;
  • (v) You have never lost consciousness or suffered a severe loss of balance due to exertional dizziness or fainting spells;
  • (vi) You do not suffer from any orthopedic, joint, muscular, or spinal conditions (including pre-existing wrist, shoulder, hip, or lower-back issues) that could be aggravated by high-torque physical activities or a repetitive golf swing;
  • (vii) You are not currently pregnant, nursing, or lactating;
  • (viii) You are not over 65 years of age; and
  • (ix) You are unaware of any other latent medical, physical, or underlying health reason that would make physical exercise or athletic practice unsafe for you.
The obligation to supply precise health information and disclose any physiological limitations lies entirely with you. BirdieSense retains the absolute right to suspend, restrict, or terminate your access to the platform or membership if we find that you have undisclosed medical risks or if any of the representations provided above are determined to be inaccurate or misleading.
AI Coach Limitations & Assumption of Risk. All plans, swing adjustments, workouts, routines, and exercises provided by BirdieSense are illustrative only and serve solely as a voluntary form of guidance. They should not be regarded as final, absolute, or unequivocal recommendations. You explicitly acknowledge that although the BirdieSense AI Coach can analyze user data and learn more about your swing over time, it is fully automated and is not aware of your real-time individual physical limitations, underlying execution difficulties, hidden pains, pre-existing injuries, or current health conditions.
To the maximum extent permitted by applicable law, BirdieSense assumes no liability and is not responsible for any accidents, physical injuries, muscular strains, joint damage, or any other health complications that may occur to you when using the device, performing the movements suggested by the AI Coach, or following any system recommendations. You freely accept and fully assume all such risks inherent to physical exercise and sports training.
User Control and Emergency Stop. You acknowledge that the final decision regarding which movements or exercises you choose to perform, how many sets, repetitions, or intensity you apply, and how to execute them, rests entirely and always with you. Do not overdo it or force positions during training. If you feel any kind of pain, discomfort, weakness, dizziness, exhaustion, or shortness of breath at any point while using the Services, you must stop exercising immediately.

Battery Safety and Charging Disclaimer

BirdieSense products contain internal, rechargeable lithium-ion polymer batteries. By purchasing and using the device, you acknowledge and agree to abide by the following battery safety requirements to prevent shortened battery lifespan, device damage, fire, chemical burns, electrolyte leaks, or explosion:
  • Storing & Temperature Hazards: To prevent structural and battery damage, you must not leave the device exposed to an direct heat source or in a high-temperature location for extended periods, including but not limited to leaving the device in the sun inside an unattended vehicle or golf cart. Operating or storing the device outside the specified temperature ranges listed in the product manual is strictly prohibited.
  • Charging Safety: You must only use properly certified power adapters and the custom charging cables provided by BirdieSense or approved equivalents. Charging the battery near flammable materials, on flammable surfaces (such as wood or carpet), or in highly humid environments (such as bathrooms) is solely at your own risk. BirdieSense assumes no legal responsibility for battery malfunctions, short circuits, or thermal runaway caused by using non-certified third-party charging peripherals.
  • Physical Abuse & Water Ingress: You must not disassemble, modify, remanufacture, puncture, drop, crush, or pierce the device or its internal battery in any way. Do not allow the device or battery to come into contact with or be immersed in water or other liquids. Chemical decomposition resulting from unauthorized modifications or liquid ingress may cause the battery to catch fire or explode.
  • Sworn & Damaged Batteries: If you observe the device expanding, smoking, swelling, or exhibiting an abnormal odor, stop using and charging the device immediately. Electrolytes in lithium batteries are highly corrosive; in the highly unlikely event that any internal electrolyte leaks and makes contact with your skin or eyes, you must wash the affected area with water immediately and seek professional medical attention.
To the fullest extent permitted by applicable law, BirdieSense disclaims any liability for property damage, personal injury, collateral damage, or legal responsibility incurred directly or indirectly from battery misuse, unauthorized alterations, environmental neglect, or non-compliance with the safety protocols outlined above.

Limitation of Liability

Nothing in these Terms shall exclude or limit BirdieSense’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence, willful misconduct, or any other liability that cannot be lawfully excluded or limited under applicable mandatory laws (including the consumer protection laws of the European Union, European Economic Area, or the United Kingdom).
Subject to the foregoing sentence, to the maximum extent permitted by applicable law, in no event shall BirdieSense, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
  • (i) your access to or use of, or inability to access or use, the services or hardware;
  • (ii) any conduct or content of any third party on the services; or
  • (iii) unauthorized access, use, or alteration of your transmissions or data, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if BirdieSense has been informed of the possibility of such damage.
Except for liabilities that cannot be limited or excluded by mandatory operation of local law as described above, in no event shall BirdieSense’s aggregate liability for all claims arising out of or relating to the use of the hardware or services exceed the greater of one hundred U.S. dollars ($100.00) or the total amount paid by you to BirdieSense in the past twelve (12) months for the specific service giving rise to the liability.

Dispute Resolution and Class Action Waiver

Please read this section carefully, as it affects your legal rights, including your right to file a lawsuit in court. You and BirdieSense agree that any dispute, claim, or controversy arising out of or relating to these terms, the services, or the hardware will be settled by binding, individual arbitration rather than in a court of law.
Governing Law and Jurisdiction: These Terms, your use of the Services and Hardware, and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Except where explicitly prohibited by mandatory local law—such as Article 79 of the General Data Protection Regulation (GDPR) and the UK Data Protection Act, which grant data subjects residing in the European Union (EU), European Economic Area (EEA), or the United Kingdom (UK) the non-excludable statutory right to bring judicial proceedings regarding data privacy or data protection disputes before the competent courts of the Member State or region where they have their habitual residence— you and BirdieSense explicitly agree that any arbitration proceedings, legal suits, or court actions that are legally permitted under these Terms shall be initiated and conducted exclusively in the state or federal courts located in New Castle County, Delaware, and you hereby consent to the exclusive personal jurisdiction and venue of such courts. For all other non-privacy related commercial claims, contractual disputes, or controversies, the exclusive jurisdiction of the Delaware courts shall remain strictly binding.
Class Action Waiver: You and BirdieSense explicitly agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor BirdieSense will seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. You hereby waive your right to participate as a plaintiff or class member in any purported class, representative, or collective proceeding against BirdieSense.

Changes to This Policy

We may update this Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Policy on this website, update the "Last updated" date and provide notice as required by applicable law.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call or email us at info@pfrobo.com or contact us at 200 Continental Drive, Suite 401, Newark, Delaware, Newark, DE, 19713, US