Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Avian Data Inc. ("Avian", "we", "our", or "us"). By accessing or using our website at avian.io, our API, or any related services (collectively, the "Services"), you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not use the Services. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

Avian provides API access to large language models ("Models") for inference purposes. Our Services include:

• An OpenAI-compatible API endpoint for text generation and chat completions.
• Access to various open-source large language models.
• Related tools including vision analysis, web search, and tool calling capabilities.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will make commercially reasonable efforts to provide advance notice of material changes.

3. Account Registration

To use the Services, you must create an account. You agree to:

• Provide accurate and complete registration information.
• Keep your account credentials secure and confidential.
• Notify us immediately of any unauthorized use of your account.
• Be responsible for all activity that occurs under your account.

You must be at least 18 years old to create an account and use the Services.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with these Terms. You may not use the Services to:

• Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• Generate child sexual abuse material or any content that exploits minors.
• Engage in or facilitate fraud, phishing, spam, or deceptive practices.
• Develop, distribute, or deploy malware, viruses, or other harmful software.
• Infringe on the intellectual property rights of others.
• Attempt to reverse-engineer, decompile, or extract the weights of any Model.
• Interfere with or disrupt the integrity or performance of the Services.
• Circumvent any usage limits, rate limits, or access controls.
• Resell or redistribute API access without prior written authorization from Avian.

We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms.

5. Pricing and Payment

The Services are billed on a pay-per-token basis. Current pricing is available at avian.io/pricing. Payments are processed through Paddle, our merchant of record.

• You agree to pay all fees incurred through your account.
• Prices are subject to change. We will provide reasonable notice of pricing changes.
• All fees are non-refundable except as required by applicable law or as otherwise stated in these Terms.
• We may offer credits or promotional pricing at our discretion. Credits expire as specified at the time of issuance.

6. Intellectual Property

6.1 Your content

You retain all rights to the content you submit to the Services ("Input") and the content generated by the Models in response ("Output"). Avian does not claim ownership of your Input or Output.

We do not use your Input or Output to train, fine-tune, or improve any AI models.

6.2 Our content

The Services, including the website, documentation, APIs, trademarks, and all associated intellectual property, are owned by Avian Data Inc. or its licensors. You may not copy, modify, or distribute any part of the Services except as expressly permitted.

6.3 Open-source models

The Models available through the Services are open-source and subject to their respective licenses. Your use of Model outputs may be subject to the terms of those licenses. We recommend reviewing the license for each Model you use.

7. Data Practices

Our data handling practices are detailed in our Privacy Policy. Key commitments:

• We do not log or store your prompts or completions.
• We do not use your data to train AI models.
• We do not sell your personal data.

8. Service Availability

We strive to maintain high availability of the Services but do not guarantee uninterrupted or error-free operation. The Services are provided on an "as available" basis. We are not liable for any downtime, service interruptions, or data loss resulting from events beyond our reasonable control.

9. Limitation of Liability

To the maximum extent permitted by law:

• The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Avian shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services.
• Our total liability to you for any claims arising from or related to the Services shall not exceed the amount you paid to Avian in the 12 months preceding the claim.

AI-generated content may contain errors, inaccuracies, or biases. You are solely responsible for evaluating and using any Output from the Services.

10. Indemnification

You agree to indemnify and hold harmless Avian Data Inc., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of any third-party rights.
• Any content you submit to or generate through the Services.

11. Termination

Either party may terminate this agreement at any time. You may close your account by contacting us at info@avian.io. We may suspend or terminate your access to the Services immediately if you breach these Terms or for any other reason at our discretion.

Upon termination, your right to use the Services ceases immediately. Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, and Governing Law) will continue to apply.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Effective" date at the top of this page and, where appropriate, notify you by email or through the Services. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

14. Contact Us

If you have any questions about these Terms, please contact us:

• Email: info@avian.io
• Company: Avian Data Inc., a Delaware corporation