Aviary

Beta

Terms of Service

Effective Date: November 20, 2024

Last Updated: November 20, 2024

Welcome to Aviary ("we," "our," or "us"). These Terms of Service govern your use of our website located athttps://tools.aviarylabs.com (the "Site") and any related services provided by Aviary (collectively, the "Services"). By accessing or using our Services, you agree to comply with these Terms. If you do not agree, you must not use our Services.

1. Acceptance of Terms

By accessing or using our Services, you confirm that:

  • You are at least 13 years old.
  • You have the legal authority to enter into this agreement.

If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Modification of Terms

We reserve the right to update these Terms at any time. Any changes will be effective immediately upon posting. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms. Please review these Terms periodically.

3. User Responsibilities

3.1 Prohibited Content and Activities

When uploading videos or using our Services, you agree NOT to:

  • Upload illicit, pornographic, or unlawful content.
  • Violate any applicable laws or regulations.
  • Interfere with or disrupt the functionality of the Services.

We reserve the right to terminate accounts that violate these Terms, especially in cases of illicit or unlawful material being uploaded.

3.2 Video Uploads and Processing

By uploading videos to the Site, you agree to the following:

  • You retain full ownership and rights to your videos.
  • Aviary will not use your videos for model training or any purposes beyond the intended processing for your use.
  • Uploaded videos will be temporarily stored for 7 days and permanently deleted thereafter unless you are logged in when uploading. Logged-in users’ uploads will follow a separate deletion schedule, which will be outlined in their account settings.

3.3 Account Creation

If you create an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.

4. Intellectual Property

All content on the Site, excluding user-uploaded videos, including text, graphics, logos, and software, is owned by or licensed to Aviary and protected by intellectual property laws. Unauthorized use is strictly prohibited.

5. Purchases and Payments

All payments for Services will be processed securely through Stripe.com. By purchasing any Services, you agree to the payment terms and conditions outlined by Stripe.

6. Disclaimers

6.1 No Warranty

Our Services are provided "as is" and "as available." We do not guarantee that the Services will be error-free, secure, uninterrupted, or suitable for your particular needs. Features and functionality may change over time.

6.2 Third-Party Links

The Site may contain links to third-party websites, such as Stripe.com. We are not responsible for the content or privacy practices of these third parties.

7. Limitation of Liability

To the maximum extent permitted by law, Aviary shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Services, including but not limited to loss of data or interruption of service. In no event shall our total liability exceed the amount paid by you for the Services in the past 12 months.

8. Indemnification

You agree to indemnify and hold harmless Aviary, its affiliates, and employees from any claims, damages, or expenses arising out of your use of the Services or breach of these Terms.

9. Termination

We reserve the right to suspend or terminate your access to the Services at our sole discretion, including but not limited to cases where you upload illicit or prohibited content. Upon termination, your right to use the Services ceases immediately.

10. Governing Law

These Terms are governed by the laws of [Insert Jurisdiction], without regard to its conflict of laws principles. Any disputes arising under these Terms shall be resolved exclusively in the courts located in [Insert City/Region].

11. Contact Information

If you have any questions about these Terms, please contact us at:

  • Email: hello@aviarylabs.com