Terms of Service

1. Agreement to Terms

Welcome to Aviary. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Aviary ("we," "us," or "our") governing your access to and use of the Aviary email campaign management platform at aviary.cloud (the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Aviary provides an email campaign management platform that enables users to:

• Create and manage email campaigns
• Upload and organize recipient email lists
• Send bulk emails to their contacts
• Track email performance metrics (opens, clicks, bounces, deliveries)
• Manage subscription plans and billing

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration

3.1 Account Creation

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 18 years old to use the Service. By creating an account, you represent that you meet this requirement and have the authority to enter into these Terms.

3.3 Beta Access

During our alpha/beta period, access to the Service may be restricted to approved users. We reserve the right to grant or deny access at our sole discretion.

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You are responsible for ensuring your use complies with all applicable laws and regulations.

4.2 Prohibited Activities

You agree NOT to:

• Send unsolicited commercial emails (spam) or violate anti-spam laws
• Send emails to recipients who have not consented to receive them
• Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation
• Distribute viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use the Service to violate any third-party rights
• Harvest or collect email addresses or other user information without consent
• Use automated systems (bots, scrapers) to access the Service without permission
• Resell or redistribute the Service without authorization
• Remove or obscure any copyright, trademark, or proprietary notices

4.3 Anti-Spam Compliance

You must comply with all applicable anti-spam laws, including but not limited to:

• CAN-SPAM Act (United States): Include accurate sender information, subject lines, and unsubscribe mechanisms
• GDPR (European Union): Obtain proper consent and honor data subject rights
• CASL (Canada): Obtain express or implied consent before sending commercial emails
• Other Applicable Laws: Comply with email marketing regulations in your jurisdiction and recipient jurisdictions

4.4 Prohibited Content

The following types of content are strictly prohibited on the Service. You may not use the Service to create, store, or send:

• Adult Content: Pornography, sexually explicit material, escort services, or adult entertainment
• Hate Speech and Discrimination: Content that promotes hatred, violence, or discrimination against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Violence and Threats: Content that threatens, promotes, or glorifies violence, terrorism, or self-harm
• Illegal Activities: Content promoting illegal drugs, weapons trafficking, human trafficking, or other criminal activities
• Fraud and Deception: Phishing schemes, scams, pyramid schemes, multi-level marketing (MLM) recruiting, or other fraudulent activities
• Harassment and Bullying: Content intended to harass, intimidate, stalk, or bully specific individuals
• Misinformation: Deliberately false or misleading health, safety, or election-related information
• Child Safety: Any content that exploits, endangers, or sexualizes minors (this will be reported to authorities)
• Intellectual Property Violations: Content that infringes copyrights, trademarks, or other intellectual property rights
• Regulated Products: Unregulated pharmaceuticals, tobacco products, cannabis (where illegal), or controlled substances
• Financial Services: Payday loans, cryptocurrency schemes, get-rich-quick schemes, or unauthorized financial services
• Gambling: Unlicensed gambling, betting services, or casino promotions (where prohibited by law)

This list is not exhaustive. We reserve the right to determine, in our sole discretion, what constitutes prohibited content and to take appropriate action including immediate account termination.

5. Content Review and Monitoring

5.1 Our Right to Review

To protect the integrity of our Service, maintain our sending reputation, and comply with legal obligations, we reserve the right to review, monitor, and analyze User Content. This may include:

• Automated scanning for spam patterns, malware, phishing attempts, and known prohibited content
• Algorithmic analysis of sending patterns, bounce rates, and complaint rates
• Manual review of accounts flagged for suspicious activity or policy violations
• Review of content reported by recipients or third parties
• Monitoring for compliance with anti-spam laws and our Acceptable Use Policy

5.2 No Obligation to Monitor

While we reserve the right to monitor content, we are under no obligation to do so. We do not pre-screen all User Content before it is sent. You remain solely responsible for the content of your email campaigns and compliance with all applicable laws and our policies.

5.3 Cooperation with Authorities

We will cooperate with law enforcement agencies, regulatory bodies, and court orders requiring disclosure of User Content or account information. We may report suspected illegal activity, including child exploitation material, to appropriate authorities without prior notice to you.

5.4 Third-Party Email Providers

Emails sent through our Service are delivered via third-party email infrastructure providers (currently Resend). These providers may have their own content policies and monitoring practices. Your use of our Service is also subject to their acceptable use policies.

6. Abuse Reporting and Complaints

6.1 Reporting Abuse

If you receive an email sent through our Service that you believe violates our policies or applicable law, you may report it to us at:

Please include the following information in your report:

• The full email headers of the message
• The content of the email
• A description of why you believe the email violates our policies
• Your contact information for follow-up if needed

6.2 ISP and Provider Complaints

We actively monitor feedback loops and abuse reports from major email providers (Gmail, Outlook, Yahoo, etc.). High complaint rates or spam reports may result in immediate account suspension pending investigation.

6.3 Investigation Process

Upon receiving an abuse report or complaint, we will:

• Review the reported content and relevant account activity
• Take immediate action to prevent further harm if warranted (including suspension)
• Contact the account holder for explanation if appropriate
• Make a determination based on our policies and applicable law
• Take appropriate enforcement action as described in Section 7

6.4 Response Timeline

We aim to acknowledge abuse reports within 24 hours and complete investigations within 5 business days. Complex cases may require additional time. We may not be able to share the outcome of investigations due to privacy considerations.

7. Enforcement and Consequences

7.1 Enforcement Actions

If we determine that you have violated these Terms, our Acceptable Use Policy, or applicable law, we may take one or more of the following actions at our sole discretion:

• Warning: Issue a written warning describing the violation and required corrective action
• Content Removal: Remove or disable access to specific User Content that violates our policies
• Campaign Suspension: Pause or cancel specific email campaigns
• Feature Restriction: Temporarily restrict access to certain features (e.g., reduced sending limits)
• Account Suspension: Temporarily suspend your account pending investigation or corrective action
• Account Termination: Permanently terminate your account and delete all associated data
• Legal Action: Pursue legal remedies including seeking damages and injunctive relief
• Law Enforcement Referral: Report illegal activity to appropriate law enforcement agencies

7.2 Immediate Termination

The following violations may result in immediate account termination without prior warning:

• Sending child exploitation material (will also be reported to NCMEC and law enforcement)
• Phishing, malware distribution, or other cybercrime
• Credible threats of violence
• Severe or repeated harassment
• Fraud or illegal financial schemes
• Multiple or severe violations of our Prohibited Content policy
• Circumventing previous enforcement actions or bans

7.3 Appeals

If you believe an enforcement action was taken in error, you may appeal by contacting us at appeals@aviary.cloud within 30 days of the action. Appeals must include:

• Your account information
• A description of the enforcement action
• Your explanation of why the action was unwarranted
• Any supporting evidence

We will review appeals and respond within 10 business days. Our decision on appeals is final. Appeals are not available for violations involving illegal activity, child safety, or credible threats of violence.

7.4 No Refunds for Violations

If your account is suspended or terminated due to violations of these Terms, you will not be entitled to any refund of fees paid. You remain responsible for any outstanding fees at the time of termination.

8. User Content and Data

8.1 Your Content

You retain ownership of all content you upload to the Service, including email campaigns, recipient lists, and other data ("User Content"). By uploading User Content, you grant us a limited license to use, store, process, and transmit your User Content solely to provide the Service.

8.2 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You have all necessary rights to use and share your User Content
• Your User Content does not violate any laws or third-party rights
• You have obtained proper consent from email recipients
• Your User Content complies with our Acceptable Use Policy

8.3 Data Processing

We process your User Content as a data processor on your behalf. You are the data controller responsible for complying with data protection laws regarding your recipients' personal information.

9. Subscription Plans and Billing

9.1 Subscription Plans

We offer various subscription plans with different features and usage limits. Plan details, including pricing and limits, are available on our website and may be updated from time to time.

9.2 Payment Terms

By subscribing to a paid plan, you agree to:

• Pay all fees associated with your selected plan
• Provide accurate and complete billing information
• Update your billing information as needed
• Authorize us to charge your payment method on a recurring basis

9.3 Billing Cycle

Subscription fees are billed monthly or annually in advance. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

9.4 Free Trials

We may offer free trial periods for new users. After the trial period ends, your subscription will automatically convert to a paid plan unless you cancel. We reserve the right to modify or cancel free trials at any time.

9.5 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial billing periods or unused services, except as required by law.

9.6 Price Changes

We reserve the right to modify our pricing at any time. Price changes will take effect at your next billing cycle. We will provide notice of price changes in accordance with applicable law.

9.7 Usage Limits

Each subscription plan includes specific usage limits (email volume, number of campaigns, etc.). If you exceed these limits, we may suspend service or require you to upgrade to a higher-tier plan.

10. Intellectual Property Rights

10.1 Our Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to software, code, design, text, graphics, logos) are owned by Aviary and are protected by copyright, trademark, and other intellectual property laws.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms.

10.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any proprietary notices
• Use the Service to develop competing products or services

10.4 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without compensation or attribution.

11. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

View our Privacy Policy

12. Third-Party Services

The Service integrates with third-party services (Supabase, Resend, Stripe, Vercel). Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for third-party services or their practices.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

We do not warrant that:

• The Service will meet your requirements or expectations
• The Service will be available at all times or without interruption
• All emails will be successfully delivered to recipients
• The Service will be free from errors, bugs, or security vulnerabilities
• Any defects in the Service will be corrected

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AVIARY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

Our total liability for any claims arising from or relating to the Service or these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Aviary and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your email campaigns and communications with recipients

16. Termination

16.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us at support@aviary.cloud.

16.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including if:

• You violate these Terms or our Acceptable Use Policy
• Your use poses a security or legal risk
• You fail to pay applicable fees
• We discontinue the Service

16.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and User Content
• You remain responsible for all fees incurred before termination
• Provisions that should survive termination (including warranties, disclaimers, limitations of liability, and indemnification) will continue to apply

17. Dispute Resolution

17.1 Informal Resolution

Before filing a claim, you agree to first contact us at support@aviary.cloud to attempt to resolve the dispute informally. We will do the same.

17.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Aviary is registered, without regard to its conflict of law provisions.

17.3 Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property infringement or violation of confidentiality obligations.

17.4 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class action or representative proceeding.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Aviary regarding the Service and supersede all prior agreements.

18.2 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

18.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

18.6 Force Majeure

We will not be liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or internet outages.

18.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations in your use of the Service.

19. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us:

20. Acknowledgment

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.