Terms

Usage Terms

Technical support is only provided via "live chat" or "email".

You understand that the company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service. The look and feel of the service is copyright© Avian Holdings, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the company. You must not modify, adapt or hack the service. You must not modify another website so as to falsely imply that it is associated with the service or the company.

You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the company. You must not modify, adapt or hack the service. You must not modify another website so as to falsely imply that it is associated with the service or the company.

We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party's intellectual property or these terms of service.

We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party's intellectual property or these terms of service.

The company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected. You must not create duplicate accounts.

Any creation of duplicate accounts by one person, admitted or proven, is a violation of the Terms of Service. You expressly understand and agree that the company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from:

(i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of the company to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. The terms of service constitutes the entire agreement between you and the company and govern your use of the service, super-ceding any prior agreements between you and the company (including, but not limited to, any prior versions of the terms of service).

General Terms

1. These Terms and Conditions alongside with the Website’s Privacy Policy, form the basis of contract between the Company, the Clients, the Partners and any Users, who view, browse, or anyhow use the information contained on this Website.

2. Your access and use of the information contained herein and the Services provided by the Company is subject to the following Terms and Conditions and all the applicable laws. By accessing and browsing this Website, you accept, without limitation or qualification, these Terms and Conditions. These Terms and Conditions constitute a binding contract between You and the Company.

3. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of this Website and any additional sections of these Terms and Conditions shall be applicable once the provision of Services commence, as described herein. If you do not agree to these Terms and Conditions, please stop using this Website immediately.

4. Any products and/or services displayed on this Website are not representative of all products and services available in the market.

5. For the avoidance of doubt, any use of terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

6. Unless the context otherwise requires, any use of terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

7. Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.

8. A reference to a statute or a statutory provision is a reference to it as it is in force for the time being, as of the date of these Terms and Conditions, taking account of any amendment, extension, or re-enactment and including any subordinate legislation for the time being in force made under it.

9. A “person” shall include a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.

Licensing Terms

By using the Avian ("service"), you are agreeing to be bound by the following terms and conditions ("terms of service"). Avian Holdings Limited ("company") reserves the right to update and change these terms of service without notice. Violation of any of the terms below may result in the termination of your account.

Account Terms

You are responsible for maintaining the security of your account and password. The company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all content posted and activity that occurs under your account.

You may not use the service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).

You must provide your legal full name, a valid email address, and any other information requested in order to complete the paid membership signup process.

Your login may only be used by one person — a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.

Payment, refunds, upgrading and downgrading terms

You will be charged for the full amount of your plan and gain access to the full service. If you fail to make a payment, your account will be disabled until you have made a successful payment.

For any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.

Downgrading your service may cause the loss of features or capacity of your account. The company does not accept any liability for such loss.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Refunds are processed according to our fair refund policy. You have 7 days from beginning of your plan to request a refund - a refund will only be processed if you are under a certain use-quota.

Cancellation and termination

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account button in the global navigation bar at the top of the screen. After that, you can click on billing and there you will be able to cancel your plan.

All of your content will be immediately be inaccessible from the service upon cancellation. Within 30 days, all this content will be permanently deleted from all backups and logs, in compliance with GDPR. This information can not be recovered once it has been permanently deleted.

If you cancel the service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.

The company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. The company reserves the right to refuse service to anyone for any reason at any time. This typically occurs if you are uploading illegal content to our file server.

Modifications to the service and prices

The company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the service with or without notice.

Prices of all services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the company's site or the service itself.

The company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

Modifications to the service and prices

The company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the service with or without notice.

Prices of all services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the company's site or the service itself.

The company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

Modifications to the service and prices

The company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the service with or without notice.

Prices of all services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the company's site or the service itself.

The company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

Copyright and content ownership

All content posted on the service must comply with U.S. & U.K. copyright law.

We claim no intellectual property rights over the material you provide to the service. All materials uploaded remain yours.

The company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service.

The look and feel of the service is copyright© Avian Holdings, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the company.