Terms of Service

1. The agreement
2. Accounts and Workspaces
3. Acceptable use
4. Email and messaging rules
5. Your content
6. AI-generated content
7. Connected services
8. Fees
9. Our intellectual property
10. Suspension and termination
11. Disclaimers
12. Limitation of liability
13. Indemnification
14. Governing law and disputes
15. Changes to these terms
16. Contact

1. The agreement

Aviary is a marketing platform for managing contacts, sending email, publishing to social media, and measuring results, available at https://aviary.byrdie.ai. These Terms, together with our Privacy Policy, govern your use of it. If you use Aviary on behalf of a company, you confirm you have authority to bind that company, and "you" means the company.

2. Accounts and Workspaces

• You must be at least 18 and provide accurate account information.
• You are responsible for everything that happens under your account and Workspace, including actions by members you invite.
• Keep your sign-in method secure. Tell us promptly at info@lacreatespace.com if you suspect unauthorized access.
• Workspace owners control who is a member and what data the Workspace holds.

3. Acceptable use

You agree not to use Aviary to:

• Send unsolicited bulk email or messages, or contact people who have not agreed to hear from you.
• Upload contact lists that were purchased, rented, scraped, or otherwise obtained without the recipients' consent.
• Send content that is unlawful, deceptive, defamatory, harassing, sexually explicit, or that infringes anyone's rights.
• Impersonate any person or organization, or misrepresent who is sending a message.
• Distribute malware, phishing content, or links to it.
• Probe, scan, or interfere with Aviary's infrastructure, or access another Workspace's data.
• Resell or sublicense Aviary without our written permission.
• Use Aviary in violation of any law, including privacy, advertising, and consumer protection law.

4. Email and messaging rules

Because email reputation is shared across everyone who sends through Aviary, these rules are strict.

• You must have express or clearly implied consent from every recipient, and must be able to show it if asked.
• You must comply with CAN-SPAM, CASL, GDPR, the UK PECR, and any other law that applies to you or your recipients.
• Every marketing email must identify the sender accurately and include a working physical address. Aviary inserts an unsubscribe link automatically and you may not remove or obscure it.
• Aviary will not send to addresses that have unsubscribed, hard-bounced, or complained. You may not attempt to bypass this.
• If your sending produces complaint or bounce rates that endanger deliverability for other users, we may throttle, pause, or suspend sending without notice.

5. Your content

You own the content, contact data, and other material you put into Aviary ("Your Content"). You grant us a non-exclusive, worldwide license to host, copy, process, transmit, and display Your Content only as needed to provide the service to you. You are responsible for Your Content and confirm that you have all rights and consents needed for us to process it as described in the Privacy Policy.

6. AI-generated content

Aviary can draft copy, generate images, score trends, and suggest actions using third-party AI models. AI output can be inaccurate, incomplete, or similar to output produced for others. You are responsible for reviewing everything before you send or publish it, and for making sure it is accurate, lawful, and does not infringe anyone's rights. To the extent we hold any rights in AI output generated for you, we assign them to you. We record the prompt and inputs used for each generation so you can audit it.

7. Connected services

Aviary works with third-party services such as Google, Resend, Ayrshare, Square, and Shopify. When you connect one, you authorize us to act on your behalf with that service, and your use of it is subject to its own terms. We are not responsible for third-party services, and a change or outage on their side may affect Aviary features.

8. Fees

Aviary is currently provided without charge to invited Workspaces. If we introduce paid plans, we will tell you the price and terms before you are charged, and you can choose whether to continue.

9. Our intellectual property

Aviary, including its software, design, and brand, belongs to Byrdie and its licensors. These Terms give you a limited, revocable, non-transferable right to use it. You may not copy, modify, reverse engineer, or create derivative works of Aviary except as the law allows. Feedback you give us may be used without obligation to you.

10. Suspension and termination

You can stop using Aviary at any time and can ask us to delete your account. We may suspend or terminate access if you breach these Terms, if your use creates risk for us or other users, or if we discontinue the service. Where reasonable we will give notice and a chance to export Your Content. Sections 5, 6, 9, and 11 through 14 survive termination.

11. Disclaimers

AVIARY IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT AVIARY WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT EMAIL WILL BE DELIVERED OR SOCIAL POSTS PUBLISHED.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BYRDIE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF AVIARY. OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THAT PERIOD OR ONE HUNDRED US DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITS, SO THEY MAY NOT APPLY TO YOU.

13. Indemnification

You will defend and indemnify Byrdie and its affiliates against claims, damages, and expenses, including reasonable legal fees, arising from Your Content, your sending practices, your breach of these Terms, or your violation of law or a third party's rights.

14. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Los Angeles County, California, and you consent to their jurisdiction. Before filing a claim, you agree to contact us and try in good faith to resolve it for at least 30 days.

15. Changes to these terms

We may update these Terms. We will post the new version here and update the date at the top. For material changes we will notify account holders by email at least 14 days before they take effect. Continuing to use Aviary after that means you accept the new Terms.

16. Contact

Byrdie AI, a brand of La Create Space
Los Angeles, California, United States
info@lacreatespace.com