1. Acceptance of Terms
By accessing or using Aviary Hub (the “Service”), you agree to be bound by these Terms of Service
(“Terms”). If you do not agree to these Terms, do not use the Service.
These Terms form a legally binding agreement between you and Aviary Hub
(“we,” “us,” or “our”). Your continued use of the Service after any modification
to these Terms constitutes your acceptance of the updated Terms.
2. About Aviary Hub
Aviary Hub is a record-keeping service for bird keepers and breeders. Your account and records are private to
you. The Service allows you to:
- Keep records of your aviaries, individual birds, breeding pairs, clutches, and finances
- Look up species in our species directory and add your own custom species
- Connect an Aviary Hub Bird ID camera to identify the birds in your aviary
- See weather for your location and find bird sales, shows, and events
- Print or download your records
Aviary Hub is a record-keeping tool, not a licensed avian veterinarian or animal welfare organization. Nothing on
the Service constitutes veterinary or legal advice.
3. Eligibility
You must be at least 13 years of age to use the Service. Users between the ages of 13 and 17 may
only use the Service with the knowledge and consent of a parent or legal guardian, who agrees to be bound by these
Terms on the minor’s behalf.
The Service is not directed to children under 13. We do not knowingly collect personal information
from children under 13. If we learn that we have collected such information, we will delete it promptly. If you
believe a child under 13 has registered, please contact us at
hello@aviaryhub.net.
By using the Service, you represent that you meet these age requirements and that all information you submit is
accurate and truthful.
4. User Accounts
To access most features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete registration information
- Maintain and update your information to keep it accurate
- Keep your password confidential and not share it with others
- Immediately notify us of any unauthorized access to your account
- Maintain only one account per person
You are responsible for all activity that occurs under your account. We are not liable for any loss resulting from
unauthorized use of your account. We may suspend or terminate accounts that violate these Terms or that we
reasonably suspect are fraudulent or harmful to others or the Service.
5. Your Content
The Service allows you to add content including bird, aviary, breeding, and financial records, custom species,
photos, and feedback you send us (“Your Content”).
Ownership. You retain all ownership rights in Your Content.
License grant. By adding Your Content, you grant Aviary Hub a worldwide, non-exclusive,
royalty-free license to store, use, reproduce, display, and adapt Your Content solely to operate and improve the
Service, which we may sublicense only to the service providers that help us run it. This license ends when you
delete your content or your account.
Your responsibility. You are solely responsible for Your Content. You represent that:
- You own the content or have the right to add it
- The content does not infringe any third-party intellectual property, privacy, or other rights
- The content complies with these Terms and all applicable laws
We reserve the right (but not the obligation) to remove content that violates these Terms.
6. Acceptable Use
You agree not to:
- Upload content that is unlawful, obscene, or sexually explicit, or that depicts animal abuse or cruelty
- Impersonate any person, organization, or official entity
- Use the Service to facilitate the illegal acquisition, sale, or transport of animals
- Attempt to gain unauthorized access to the Service or another user’s account
- Scrape, crawl, or systematically extract data from the Service without written permission
- Interfere with or disrupt the integrity or performance of the Service
- Upload viruses, malware, or other malicious code
- Use the Service for any unlawful purpose
You are responsible for complying with all laws that apply to keeping, breeding, buying, selling, and moving
birds where you live, including permits, CITES, and animal welfare laws.
Violations may result in content removal, account suspension, or permanent termination at our sole discretion.
Serious violations may be reported to law enforcement.
7. Intellectual Property
The Aviary Hub name, logo, design, and software (excluding User Content) are owned by
Aviary Hub and are protected by copyright, trademark, and other
intellectual property laws. You may not use our branding without prior written permission.
DMCA / Copyright takedowns. If you believe that content on the Service infringes your copyright,
please send a notice to hello@aviaryhub.net with the following information:
- Identification of the copyrighted work you claim is infringed
- Identification of the infringing content and its location on the Service
- Your contact information (name, address, phone, email)
- A statement that you have a good-faith belief the use is not authorized
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf
- Your physical or electronic signature
We will respond to valid DMCA notices by removing or disabling access to the alleged infringing content and, where
appropriate, terminating the accounts of repeat infringers.
8. Privacy
Your use of the Service is also governed by our
Privacy Policy, which is incorporated into these Terms by reference. By using the
Service, you consent to the collection and use of your information as described in the Privacy Policy.
9. Disclaimers
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, error-free, or secure
- Any species information, care guides, or health-related content on the Service is accurate, complete, or current
- Any defects in the Service will be corrected
- The Service is free of viruses or other harmful components
Species care information and breeding guidance on Aviary Hub is for general informational purposes only. It is not a substitute for professional veterinary advice.
Always consult a qualified avian veterinarian for health concerns.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
AVIARY HUB AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, data, or goodwill
- Losses arising from buying, selling, breeding, or keeping birds, including fraud or animal welfare issues
- Service interruptions or data loss
- Unauthorized access to your account or data
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our
liability is limited to the maximum extent permitted by law.
11. Termination
We may suspend or permanently terminate your account and access to the Service at any time, with or without notice,
if we reasonably believe you have violated these Terms or engaged in conduct harmful to others or the Service.
You may delete your account at any time from Settings → Delete Account, in the app or on
the web. Upon termination, your right to use the Service immediately ceases. Sections of these Terms that by
their nature should survive termination (including Sections 5, 7, 9, 10, and 13) will survive.
12. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date at
the top of this page and, for material changes, provide notice via email or a prominent in-app notification.
Your continued use of the Service after any changes take effect constitutes your acceptance of the revised Terms.
If you do not agree to the revised Terms, you must stop using the Service.
13. Governing Law & Dispute Resolution
These Terms and any disputes arising from them are governed by the laws of
Queensland, Australia, without regard to conflict-of-law principles.
You agree to first attempt to resolve any dispute informally by contacting us at
hello@aviaryhub.net. If a dispute cannot be resolved informally within
30 days, both parties agree to submit to the exclusive jurisdiction of the courts located in
Queensland, Australia.