Terms of Service

1. Purpose of the Service

AviarySoft is a bird breeding management application provided as a SaaS (Software as a Service). The Service enables breeders to manage their birds, breeding pairs, egg tracking, bird health, shows and competitions, breeding-related expenses, aviaries, and breeding statistics.

2. Registration and Account Creation

2.1 Registration Requirements

To use the Service, you must:

• Be a natural person of legal age or a legal entity
• Provide accurate and up-to-date information during registration
• Accept these Terms of Service and the Privacy Policy

2.2 User Account

• Each user may only hold one account
• You are responsible for the confidentiality of your login credentials
• You must immediately inform us of any unauthorized use of your account

3. Plans and Pricing

3.1 Free Plan

The free plan provides access to the Service with functional limitations (number of birds, pairs, aviaries, etc.). These limitations are subject to change.

3.2 Premium Plan

The Premium plan, available through a paid subscription, removes all or some of the free plan limitations. Pricing and terms are described in the Terms of Sale.

3.3 Pro plan

The Pro plan (€9.90/month or €99/year, with no trial period) includes all Premium features as well as the AI assistant with access to your breeding data (analysis and assisted actions).

3.4 AI assistant (Pro plan)

The AI assistant is subject to the following conditions:

• Pro plan only: the AI assistant with access to your data is only available to Pro subscribers.
• Results not guaranteed: the AI assistant's responses are generated automatically and may be inaccurate or incomplete; they are provided for information only and do not engage the Publisher's liability.
• No professional advice: the assistant provides no veterinary, health, accounting, legal or professional advice. For any animal-health decision, consult a veterinarian.
• Human confirmation of actions: any creation, modification or deletion proposed by the assistant is only carried out after the user's explicit confirmation, the user remaining solely responsible for the validated data.
• Transfer to a third party: using the assistant involves transferring the data concerned to an AI-processing sub-processor located outside the EU (Anthropic / Google, see Privacy Policy). This transfer only takes place under the Pro plan.
• Fair use: the user agrees not to divert the assistant from its purpose (breeding management).

4. User Obligations

By using the Service, you agree to:

• Use the Service in accordance with its intended purpose and applicable laws
• Provide accurate information and keep it up to date
• Not attempt to gain unauthorized access to the Publisher's systems or data
• Not use the Service for unlawful or fraudulent purposes
• Not upload unlawful or defamatory content
• Not use robots or automated tools to access the Service
• Respect intellectual property rights

5. Intellectual Property

The AviarySoft application, its source code, design, and all its components are protected by intellectual property law. Use of the Service does not confer any intellectual property rights to the user.

You retain ownership of all data you enter into the Service.

6. Service Availability

The Publisher undertakes to implement the necessary means to ensure the continuity and quality of the Service. The Service is provided 'as is' and the Publisher does not guarantee uninterrupted availability. The Publisher reserves the right to temporarily interrupt the Service for maintenance operations.

7. Liability

The Publisher shall not be held liable for indirect damages resulting from the use of the Service, loss of data resulting from non-compliant use, or inaccuracy of information provided by third-party services.

The user is solely responsible for the data they enter into the Service.

8. Personal Data

The processing of personal data is described in our Privacy Policy, which is an integral part of these Terms of Service.

9. Suspension and Termination

You may delete your account at any time from the application settings. The Publisher reserves the right to suspend or terminate your account in case of violation of these Terms, fraudulent use, non-payment, or prolonged inactivity (beyond 24 months).

10. Modification of Terms

The Publisher reserves the right to modify these Terms at any time. Modifications will be notified with 30 days' notice. Continued use of the Service after this period constitutes acceptance of the new Terms.

11. Applicable Law

These Terms are governed by French law. In case of dispute, the parties agree to seek an amicable solution before any legal action. Failing that, any dispute shall be subject to the exclusive jurisdiction of the courts of Périgueux, France.

12. Contact

For any questions:

[email protected]