Berds Eye View — Terms & Conditions

Berds Eye View produces AI-rendered, hole-by-hole virtual flyover video content ("Deliverables") depicting a golf course, using satellite imagery, publicly available aerial data, and/or client-provided reference materials as the source basis for course layout, routing, and terrain. Our process does not involve an on-site drone shoot unless separately agreed to in writing and quoted as an additional service.

2.1 Basis of imagery. Deliverables are generated using satellite and aerial imagery available to us at the time of production, together with any course maps, scorecards, or routing materials supplied by Client. Berds Eye View does not independently visit, survey, or verify the physical course in person unless explicitly contracted to do so.

2.2 No guarantee of currency. Golf courses are living properties that change over time — bunkers are added, moved, or removed; greens are rebuilt; holes are redesigned; trees are added or cleared; irrigation, cart paths, and other features are altered. Berds Eye View has no control over and assumes no responsibility for changes made to the course after the date the source imagery was captured, whether before, during, or after production of the Deliverables.

2.3 No obligation to update. Berds Eye View is under no obligation to detect, monitor, or reflect any course changes, and is not required to issue revised, corrected, or updated Deliverables at no charge if the course is altered after delivery. Requests for updated Deliverables due to course changes will be treated as a new production and quoted accordingly.

2.4 Client responsibility to review. Client is solely responsible for reviewing the final Deliverables prior to publication or use and confirming they reasonably reflect the current state of the course. Client's approval of the Deliverables, or Client's publication or use of the Deliverables in any form, constitutes acceptance of their accuracy as delivered.

2.5 Not a survey or legal record. Deliverables are artistic, promotional, AI-generated representations of the course for marketing purposes only. They are not land surveys, engineering drawings, GPS-accurate yardage tools, or official course records, and must not be relied upon for course design, construction, legal, insurance, or regulatory purposes.

3.1 Fees. Fees for each package are as quoted at the time of order and are due as specified in the invoice or order confirmation (e.g., deposit due at booking, balance due at or before delivery).

3.2 Payment is for services rendered, not outcomes. Client's payment obligation is for the production and delivery of the Deliverables based on the source imagery available at the time of production. Fees are due in full regardless of subsequent changes to the physical golf course, and Client agrees that no refund, credit, or discount will be issued on the basis that the course no longer matches the Deliverables due to changes made after production.

3.3 Non-payment. Berds Eye View reserves the right to withhold final Deliverables, watermark preview materials, or suspend work on any project until payment is received in full. Late payments may accrue interest and/or result in referral to collections at Berds Eye View's discretion.

3.4 Refunds. Deposits are non-refundable once production has begun. Refund eligibility prior to the start of production, if any, will be addressed on a case-by-case basis and is not guaranteed.

4.1 Estimated turnaround. Berds Eye View targets delivery within approximately one week of order confirmation and receipt of any required materials from Client, but this is an estimate, not a guaranteed deadline. Turnaround may vary based on production volume, revision requests, or circumstances outside our control.

4.2 Delays. Berds Eye View is not liable for delays caused by circumstances beyond its reasonable control, including but not limited to software or tooling outages, third-party data provider issues, force majeure events, or delayed or incomplete information from Client.

Each package includes two (2) rounds of revisions to elements within Berds Eye View's control (e.g., branding, music, pacing, ordering of holes). Revisions requested due to changes in the actual course layout are not included and will be treated as a new production per Section 2.3. Additional revision rounds beyond the two included are available for a flat fee of $400 per round.

6.1 Ownership. Berds Eye View retains ownership of all underlying production techniques, templates, and unused source material. Upon full payment, Client receives a non-exclusive, worldwide, royalty-free license to use the final Deliverables for its own marketing, website, social media, and promotional purposes.

6.2 Portfolio use. Unless Client requests otherwise in writing, Berds Eye View may use the Deliverables (or excerpts thereof) in its own portfolio, marketing materials, website, and social media to showcase its work.

6.3 Music & third-party assets. Any licensed music, graphics, or third-party assets included in the Deliverables are provided under license and may not be extracted or reused separately from the Deliverables by Client.

6.4 No implied endorsement. Delivery of a flyover does not imply any sponsorship, partnership, or endorsement by any third party (including satellite/imagery providers) and Client may not represent it as such.

Client represents that it has the right to engage Berds Eye View to produce content depicting the course in question, and that any materials Client supplies to Berds Eye View (logos, branding, course maps, etc.) do not infringe the rights of any third party. Client agrees to indemnify Berds Eye View against claims arising from materials Client provides.

7.1 DMCA notice and takedown. If you believe content on our website or in a Deliverable infringes your copyright, send a notice to team@berdseye.com including: (a) identification of the copyrighted work, (b) identification of the allegedly infringing material and its location, (c) your contact information, (d) a good-faith statement that use is unauthorized, and (e) a statement, under penalty of perjury, that the notice is accurate and you are authorized to act. We will remove or disable access to the identified material as appropriate. A party who submitted the material may send a counter-notice; absent a claimant lawsuit, the material may be restored within ten (10) business days of a valid counter-notice.

Deliverables are provided "as is." Berds Eye View makes no warranty, express or implied, that the Deliverables will be error-free, will precisely match the physical course at any given time, or will achieve any particular business outcome (including but not limited to increased bookings, membership, or revenue).

No professional advice. Berds Eye View is a video production service. Nothing we provide constitutes legal, tax, financial, marketing, or investment advice, and Deliverables should not be relied upon as such.

To the maximum extent permitted by law, Berds Eye View's total liability for any claim arising out of or related to its services shall not exceed the greater of (i) the total fees actually paid by Client for the specific Deliverable giving rise to the claim, or (ii) USD 500. In no event shall Berds Eye View be liable for indirect, incidental, consequential, or special damages, including lost profits or lost business opportunities.

Berds Eye View operates as an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between Berds Eye View and Client.

Client may cancel an order prior to the start of production by written notice; any deposit paid is subject to Section 3.4. Orders cannot be cancelled once production has begun, and full payment remains due.

Neither party is liable for failure or delay in performance due to causes beyond its reasonable control, including natural disasters, government action, internet or software outages, or other events of force majeure.

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved in the state or federal courts located in Massachusetts, and the parties consent to jurisdiction there.

Berds Eye View may update these Terms from time to time. The version in effect at the time an order is placed governs that order. We will post material changes to these Terms at least thirty (30) days before they take effect; continued use of our services after that date constitutes acceptance of the revised Terms.

These Terms, together with any signed order form or invoice, constitute the entire agreement between the parties regarding the services described. If any provision is found unenforceable, the remaining provisions remain in full effect.

Survival. Sections 2 (Source Data & Course Accuracy), 6 (Intellectual Property & Usage Rights), 7 (Client Representations), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), and 13 (Governing Law & Disputes) survive any termination or expiration of these Terms.

No waiver. Berds Eye View's failure to enforce any provision of these Terms is not a waiver of its right to enforce that or any other provision in the future.

Questions about these Terms can be directed to team@berdseye.com.

Berds Eye View is a brand of QuietOffer LLC, a Massachusetts limited liability company.