Last updated: February 22, 2026
By accessing or using Aviary (the "Service"), operated by Greg Bigelow ("Operator"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must not access or use the Service.
The Service is intended solely for users located in the United States. By using the Service, you represent and warrant that you are located in the United States and are subject to United States law. If you are located outside the United States, you may not use the Service.
Aviary is a personal expense-splitting application that allows users to create groups, record shared expenses, and calculate simplified debts among group members. The Service is provided free of charge, as-is, by an individual developer. It is not backed by any company, team, or enterprise service level agreement.
To use the Service, you must:
You are solely responsible for all activity that occurs under your account, whether or not you authorized that activity. We are not liable for any loss or damage arising from your failure to secure your account credentials.
You agree not to:
Violation of these terms may result in immediate termination of your account without notice.
You retain ownership of all data you enter into the Service (group names, expense descriptions, amounts, etc.). By using the Service, you grant us a limited, non-exclusive, royalty-free license to store, process, and display this data solely for the purpose of providing the Service to you and your group members.
You are solely responsible for the accuracy of all information you enter, including financial amounts. The Service performs mathematical calculations on the data you provide but does not verify its accuracy, completeness, or legitimacy. The Service does not verify the identity of group members beyond their email address.
AVIARY IS A RECORD-KEEPING AND CALCULATION TOOL ONLY. IT IS NOT A FINANCIAL SERVICE, PAYMENT PROCESSOR, MONEY TRANSMITTER, MONEY SERVICES BUSINESS, FINANCIAL INSTITUTION, OR DEBT COLLECTION SERVICE.
The Service, including its design, source code, graphics, user interface, and any trademarks or branding, is owned by the Operator and is protected by applicable intellectual property laws. These Terms do not grant you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.
We do not warrant that:
THE SERVICE IS OPERATED BY AN INDIVIDUAL DEVELOPER AND IS NOT BACKED BY AN ENTERPRISE SERVICE LEVEL AGREEMENT. DOWNTIME, DATA LOSS, SERVICE INTERRUPTIONS, BUGS, AND ERRORS MAY OCCUR. YOU ACKNOWLEDGE AND ACCEPT THESE RISKS AND AGREE NOT TO RELY ON THE SERVICE AS YOUR SOLE RECORD OF FINANCIAL OBLIGATIONS BETWEEN YOU AND OTHER PERSONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR, HIS AFFILIATES, OR HIS SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE DOLLAR ($1.00). AS THE SERVICE IS PROVIDED FREE OF CHARGE, THIS AMOUNT IS ONE DOLLAR ($1.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless the Operator from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:
This indemnification obligation shall survive the termination of these Terms and your use of the Service.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Before initiating any formal dispute resolution proceeding, you agree to first contact the Operator and attempt to resolve the dispute informally for at least 30 days. If the dispute is not resolved within 30 days, either party may proceed as described below.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. Arbitration shall take place in the State of Oregon, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND THE OPERATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR HIS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits.
You may opt out of this arbitration provision by sending written notice to the Operator within 30 days of first creating your account. If you opt out, you and the Operator may pursue claims in court, subject to the governing law and jurisdiction provisions below.
We reserve the right to modify, suspend, or discontinue the Service (in whole or in part) at any time, with or without notice, for any reason or no reason. We may also terminate or suspend your account at our sole discretion, without prior notice or liability, for conduct that we determine violates these Terms or is otherwise harmful to the Service, other users, or third parties.
We reserve the right to delete accounts that have been inactive for more than 24 months, with 30 days' prior notice sent to the registered email address.
Upon termination, your right to use the Service will immediately cease. Sections 5 through 16 shall survive any termination of these Terms.
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure outages, cyberattacks, pandemic, or third-party service provider failures (including but not limited to Supabase and Vercel).
We may revise these Terms at any time by updating this page. The "Last updated" date at the top will reflect the most recent revision. Material changes will be indicated by updating the date. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law provisions. Subject to the arbitration provision in Section 11, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Multnomah County, Oregon, and you consent to the personal jurisdiction of such courts.
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by the Operator.
You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of the Operator. The Operator may assign these Terms without restriction.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Operator regarding your use of the Service, and supersede all prior agreements, communications, and understandings.
By creating an account, you consent to receive electronic communications from us (including account confirmations, security alerts, and service announcements). You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
For questions about these Terms, contact us via our support group at groups.google.com/g/aviary-support.