If you use the API, you automatically agree to these Terms of Service. Don't use our API if you don't agree with this document!

Use Aviary the way it's intended (as a photo-enhancement service), or get our permission first.

If your service does anything illegal or potentially offensive, we don't want Aviary to be in your app. Nothing personal - it just reflects badly on our brand or create awkward legal situations for us we'd rather avoid.

  1. Unless you are an authorized white-label partner, don't remove or obscure the Aviary logo, credit screen or link to Aviary in the editor without our express permission.
  2. We're probably cool with you using our logo as part of a press release announcing our editor or otherwise promoting your use of Aviary. Just please ask us first.
  3. Please make sure that your users aren't confused as to who made your app by always keeping your logo more prominent than ours. You did most of the hard work for your app and should get all of the credit.

Aviary owns all of the rights in the API it is allowing you to use. Our allowance of you to use it, does not mean we are transferring ownership to you.

  1. Please don't break our API down and redistribute it without our consent.
  2. Please don't agree to use our API if you are not the party using it. If you are a developer building the API into a third party app, please have your client review these terms, as they have to agree to them before they can use the API.
  3. You can't just package Aviary's photo editor and distribute it as a new app with the intention of making money. Aviary is meant to be just a part of your app, not the app itself.
  4. You can't charge your users for access to Aviary's photo editing features.

Aviary can dynamically update the content tools (i.e. effects/filters, frames, stickers, etc...) with new installable content packs for your users. This may include free, sponsored, or purchasable content (which you need to opt into).

We give you and your users a right to use this content within the context of our API (only). To be clear, your users can edit photos using Aviary content packs using Aviary's API inside of your app and then share the resulting edited photos outside of Aviary.

If you subscribe to a version of the API which costs money, then you will receive monthly invoices. Please pay us within 30 days of receiving the invoice through wire or check.

If you cancel your subscription through no material fault of Aviary, your access to the API will remain active until the last day of the current month (or month you scheduled cancellation). You will pay for that full month.

If you cancel your subscription because Aviary breeched this agreement, and we have not fixed it within 5 business days of written notice, we'll give you a pro-rated refund of any pre-paid fees for unused days.

We may update this agreement from time to time, as needed. We don't anticipate any major changes, just tweaks to the legalese to reflect any new feature updates or material changes to how the API is offered. While we will make a good faith effort to notify everyone when these terms update with posts on our blog, etc... it's your responsibility to keep up-to-date with these terms on a regular basis. We'll post the last-update date at the bottom of the agreement to make it easier to know if the terms have changed.

Things might break. Hopefully not and if so, we'll do our best to fix it immediately. But if it happens, please note that we aren't responsible. You are using the API "as is" and understand the risk inherent in that.

We can't promise to offer any kind of support or future upgrades. We plan to help all of our partners to the best of our ability, but use of our API doesn't legally entitle you to this. Subtle, but important, difference.

Want to sue us anyway? That's cool (really not), but you only have a year to do it. Better act quick, Perry Mason.

You acknowledge that we aren't responsible at all, for anything that happens resulting from your use of our API.

We can revoke your license (and you can choose to end your license) at any time, for any reason. We won't take this lightly, but we do hold onto this right should it be needed.

If either party terminates this license, you will need to remove the Aviary API from your code entirely and make sure that any new distributions of your app will have access to our API removed from it. We'll have the right to double-check to make sure you have.

Terminating the agreement ends your ability to use our API. It doesn't change some of the other sections or remove your obligation to owed payments.

While we will NEVER take this decision lightly and hope to never have reason to use it, Aviary reserves the right to prevent further usage of the editor within your app(s), at any time, for any reason, at its sole discretion.

Work for the government? Here is some special legalese just for you.

To any potential partner located in a country with whom it is illegal for the USA to do business: We're genuinely sorry our governments are being jerks to each other and look forward to the day when it isn't illegal for us to do business together.

This is the entire and only material agreement on this matter between our companies (unless we have another one, signed by both of us).

Any disputes on this agreement will be governed by NY law and NY courts. While you are in town suing us, please do make sure to stop in a real NY deli and get some pastrami and rye. It's delicious!

More discussion of where the court will be located. Like boyscouts, our motto is "Always Be Prepared" and courts and wedding halls book up early this time of year.

You sue us and we win, you're buying our attorneys a new Mercedes.

Even if you use white-out on your screen to erase some of this agreement, it doesn't matter. Only Aviary can put the white-out on the screen.

If some of this agreement isn't legally valid, whatever remains of it will hold strong.

If we don't respond quickly to your breaching this agreement, it doesn't mean we can't do so in the future.

This agreement will always be between Aviary, Inc and you. You can't transfer this agreement. If someone buys your product or company and plans to continue using it, they will need to agree to these terms separately.

In the event that Aviary, Inc is sold or the API changes ownership, Aviary will be able to transfer the API to a new owner without impacting our agreement.

If a part of this agreement isn't legally valid, whatever part is legally valid will hold strong.

Last Updated September, 2013