The following user-friendly explanation is intended to be a helpful guide to navigating the terms of service. It's not a replacement though - and not all aspects are covered. By agreeing to this agreement, you are agreeing to the legalese, not to this user-friendly guide!

This agreement gives you a license to use Aviary's product. You don't need to sign a separate paper agreement with us - your license is collectively composed of this page, any order forms you agreed to, and the registration form you fill out.

If you use any Aviary product (or associated part of our product), you are completely bound to these terms. Your use is just as binding as a signature.

This license is just for you (or the company you represent). Your license to use Aviary can't be transferred to another app, company, person, etc... You can only use this license to include Aviary in the application you specified in our web form.

Got a better idea for how to use our editor? We're excited to hear it! But you definitely need our permission before you actually do it.

You (and you alone) are responsible for how your users use your own app.

Don't make promises about Aviary's products or otherwise represent Aviary in discussions with your users.

Want to distribute custom content through our editor? Just make sure you have our permission first.

Please respect our intellectual property - we worked really hard to make Aviary great and are trusting you with our hard work. Don't do any of the things in this paragraph.

Agencies, consultants, freelancers and anyone else building or hosting a product for someone else: your client must be the one who agrees to our terms. You can't do it on their behalf.

You can't profit from an app that is really just a thinly veiled shell of our SDK and has no separate valuable functionality to users.

Ads while our editor is not running are fine. Ads while our editor is running are not.

Only use Aviary in the app you registered with us.

You can't use access to Aviary as an upsell inside your product.

Use your good judgement. If there's something not covered in this agreement it's not OK to assume we'd be OK with you doing it first. Just ask us first.

We try not to be judgmental, but we cant be associated with certain types of activities for legal, publicity or business reasons. If you're app is shady, illegal or controversial in any way, you should get our permission first before implementing Aviary.

We actively work on improving Aviary's product, especially the content we offer. We will probably make frequent to changes to the content that is available.

All of the content that we make available is licensed to you to use, but only as part of the Aviary Editor experience.

The Aviary logo inside the editor has to be kept as is, unless you have a special agreement with us.

Don't use our logo elsewhere in your product without our permission.

Make sure your users don't get confused that your app was made by or is otherwise endorsed by Aviary. Your branding should always take precedence in your own app.

White Label partners have permission to remove our logos.

It's your app - so you decide how it looks (so long as you don't remove our logo from the Aviary editor experience). Also please keep the link to our terms handy.

We collect some completely anonymized data to make our app experience better. Please make sure your privacy policy reflects that so your users know!

We might need to use screenshots or other examples of partner app's using Aviary in action as part of standard promotion we do to showcase how our editor is used. You are granting us permission to use your app for this purpose. [NOTE: While we reserve this right, if this is a problem, please just let us know].

You own your app and all components you built. We own the Aviary editor and all components that we built. Pretty simple.

We will keep your product plans and data completely confidential, and ask that you do the same with ours.

The only exceptions are (a) if the data was already made public, (b) or was told to someone else without a requirement of confidentiality, (c) or it technically wasn't made by either of us (eg. details of a third party code library), (d) or we are required by law. Also, we do have professional staff and investors we work with that we need to share certain details of this agreement.

You agree to pay us 70% of your gross revenue earned from the sale or publication of Aviary content within your app.

Aviary will send you a monthly report and invoice showing how much gross revenue you earned from Sale content and what the revenue share breakdown is. For published content, you'll send us an invoice. We will pay each other any money owed within 45 days of invoice receipt.

Adjusted Gross Revenue is basically the revenue earned after Apple or Google (or a third party payment provider) takes their cut.

Partners who have premium add-on features enabled will pay us within 45 days of invoice.

If you don't pay us in a timely manner, you will incur a 1.5% penalty.

You have 10 days from invoice to let us know if you found an error, otherwise we agree that everything is correct. You have to pay your own taxes, if any are due.

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.

This agreement will last from registration through written notice of termination (or in the case of pre-agreed upon end dates, until the end-date is reached).

If either party breaches these terms, the other party has the right to terminate. Termination only applies to the particular agreement that has been breached (in cases where multiple agreements exist - for example if a partner has multiple apps).

If this agreement terminates, the following will happen (a) any money owed will become immediately due, (b) You will remove Aviary from your app completely and otherwise return anything proprietary we have shared with you, (c) All licenses that are part of this agreement will also terminate. Lastly, we will both destroy any confidential information we have received from each other. Also, certain sections of this agreement will still survive termination - see the legalese for the exact list.

We'll provide the latest build of our app only, but you are not entitled to any upgrades (though of course you can download any that we make publicly available). We will not provide any other technical support unless we have a specific agreement in place. You are responsible to support your own users.

This editor is provided completely as-is. It might be broken, or occasionally unavailable or have other issues (infringing on someone else's rights). Look, we really hope none of these things ever happen and will act as professionally as possible to make sure that's the case, but bottom-line, anything is possible: Use this at your own risk.

You indemnify us should a third party sue you relating to your use of Aviary's editor. On our end, we are obligated to keep you in the loop, cooperate with you to the best of our ability and give you sole control over deciding how to proceed, should anyone with a legal claim reach out to either of us.

THIS SECTION IS IN ALL CAPS SO ITS REALLY IMPORTANT WE GUESS. BASICALLY: WE AGREE THAT WE CAN'T SUE EACH OTHER. But if for some reason you do sue us anyway (???), the most you can sue us for is how much you paid us (capped at $5,000).

If you work for the government, you probably should just double-check this particular section of legalese extra carefully.

To those of you on the USA's embargo list, we respectfully apologize that our countries are currently being mean to each other and look forward to the day where we can do business together.

All notices between the parties that are tied to this agreement must be delivered in writing.

This is the entire agreement between Aviary and your app. Anything we may have discussed over the phone or in a separate agreement, etc. doesn't count.

Looking to sue us? Come visit sunny NYC and do some shopping in the financial district during your stay here!

Whomever wins a lawsuit has to pay for the other party's legal fees. Drinks would be appreciated too.

If both of us agree a change to this agreement is in order, we must do so in writing with legible signatures.

Let's say our lawyer goofed and a certain paragraph is deemed to be "legally dumb." The rest of the agreement still stands.

Just because one of us doesn't act to acknowledge a breach of this agreement, doesn't mean we give up the right to ever do so.

This agreement is between Aviary and you. You can't give this agreement to someone else without our written permission...

...unless you are acquired. Then it's cool. And congratulations!

Aviary may assign this agreement to a third party our obligations under it, but we're still liable for it.

Woohoo, you're all done (assuming you read the actual legalese)! It's currently a hot muggy September day in NYC. Now it's time for us to go get a stiff drink of ice tea and cool off in the shade. Have a great day and thanks for reading!

Last Updated February, 2015