Aviary Inc Terms of Service

Last updated May 26, 2025

This Agreement is between Aviary Inc ("Provider," “Aviary,” "we," "our," or "us") and the
company or person ("Customer," "you," or "your") accessing or using the CloudGlue platform
(“Platform”) including our API ("API"). This Agreement consists of: (1) the Order Form (Cover
Page) below, (2) the Key Terms below, and (3) the Framework Terms referenced by
incorporation.

Cover Page

Order Form

This Order Form incorporates and is governed by the Framework Terms, consisting of the Key Terms below and the Common Paper Cloud Service Agreement Standard Terms Version 2.1, which are incorporated by reference. Any modifications stated in this Order Form control over conflicts with the Standard Terms. Capitalized words have meanings given in this Order Form or the Standard Terms.

  • Cloud Service: Cloudglue platform

  • Order Date: Effective Date (the date Customer first accepts this Agreement)

  • Subscription Period: Monthly (pay-as-you-go)

  • Cloud Service Fees: Pricing details are available at cloudglue.dev/pricing. Provider will notify Customer at least 30 days in advance of pricing changes. Continued use after the notice period constitutes acceptance of updated pricing.

  • Payment Process: Provider invoices Customer monthly. Customer agrees to pay each invoice within 5 days of receipt. Payments are securely processed via third-party providers (e.g., Stripe) and are subject to their respective terms.

  • Non-Renewal Notice Period: At least 30 days before the end of the current Subscription Period.

Key Terms

  • Customer: The company or person accessing or using the Platform. If acceptance is on behalf of a company, "Customer" refers to that company.

  • Provider: Aviary Inc

  • Effective Date: Date Customer first accepts this Agreement.

  • Governing Law: Laws of the State of Delaware

  • Chosen Courts: State or federal courts located in Delaware


Covered Claims:

  • Provider Covered Claims: Provider indemnifies Customer against claims alleging the Platform infringes third-party intellectual property rights when used per Agreement terms.

  • Customer Covered Claims: Customer indemnifies Provider against claims arising from uploaded content infringing third-party intellectual property, privacy, publicity, or other proprietary rights or Customer's breach of the usage restrictions in this Agreement.

Unlimited Claims: Either party’s indemnification obligations under the Agreement.


General Cap Amount:
 Fees paid or payable by Customer to Provider in the 12-month period immediately preceding the claim.

Notice Address:

  • Provider: notices@aviaryhq.com

  • Customer: Main email address on Customer's account

Modifications to Framework Terms (Incorporated by Reference)

This section explicitly modifies the Common Paper Cloud Service Agreement Standard Terms Version 2.1 by incorporating API-specific terms outlined below, which control over conflicting terms in the Standard Terms.

1. Access & Use Rights

  • You receive a limited, revocable, non-exclusive, non-transferable right to use the Platform solely to access Aviary’s services as described in our documentation.

  • While certain SDKs provided by Aviary are open-sourced under the Apache License 2.0, these Terms of Service govern your access to and use of Aviary’s Platform and infrastructure, which remain proprietary.

2. Prohibited Uses

You agree not to:

  • Use the Platform to build, train, test, or operate competing products or services, including but not limited to AI systems that replicate CloudGlue functionality.

  • Scrape, cache, replay, or aggregate API responses in ways that circumvent usage limits or violate fair-use policies.

  • Upload or process content to the Platform that is unlawful, pornographic, harmful, or violates applicable laws or regulations.

  • Exploit, manipulate, or probe the Platform or Aviary’s other systems for reverse engineering purposes.

  • Resell or sublicense API access without written permission from Aviary.

3. Fair Use & Rate Limits

  • Aviary reserves the right to enforce fair-usage policies, implement rate limits, or suspend Platform access (including API access) if misuse is detected.

4. Third-Party Services; Data & Uploads

  • Certain features of the Cloud Service may use or integrate third-party websites, services, technology, or applications accessible or otherwise connected to the Cloud Service but not provided by Provider, which may include software-as-a-service products and artificial intelligence tools, or Customer’s own systems, such as Customer’s MCP servers (collectively, “Third-Party Services”). In using such Third-Party Services, Provider may share Customer Content with providers of such Third-Party Services (or, as applicable, such Third-Party Services may share Customer Content with Provider). Customer acknowledges and agrees that Provider shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities, or harm to any person or entity relating to any losses, delays, failures, errors, interruptions, or loss of data occurring directly or indirectly by reason of Third-Party Services or any other circumstances beyond Provider’s control. Customer acknowledges and agrees that, for the purposes of Applicable Data Protection Laws, each of Provider and providers of any Third-Party Services are not processors or subprocessors of Personal Data with respect to each other.

  • You retain all rights to videos or data you upload via the Platform.

  • By uploading content, you confirm compliance with these Terms, particularly Section 2 (Prohibited Uses).


5. IP & Ownership

  • All rights not explicitly granted to you remain reserved by us.

  • You may not copy, modify, or redistribute the Platform or its outputs except as explicitly allowed by these Terms or applicable SDK licenses.

6. Termination

  • Aviary may suspend or terminate your Platform access (including API access) at Aviary's discretion, including for prohibited use or non-payment.

  • Upon termination, your Platform access rights immediately cease.

7. Liability & Indemnification

  • Provider Claims: Aviary agrees to indemnify you against claims alleging the Platform infringes third-party intellectual property rights when used in compliance with these Terms.

  • Customer Claims: You agree to indemnify Aviary against claims resulting from your uploaded content violating third-party intellectual property rights or breaching usage restrictions stated in these Terms.

  • Liability Cap: Both parties' total liability under these Terms will be limited to fees paid or payable in the twelve-month period preceding the claim.

8. Changes to These Terms

  • Aviary may update these Terms periodically. Continued use of the Platform after changes go into effect constitutes your acceptance of the updated Terms.

9. Governing Law

  • These Terms are governed by the laws of the State of Delaware, with any disputes subject to the jurisdiction of Delaware courts.

10. Contact

  • Questions? Contact us at: notices@aviaryhq.com