Terms of Carriage

§1 Definitions

“Asset” means an individually identified, performance-certified courier operated by Aviary.

“Capsule” means an Aviary-issued payload container of class C-1, C-2, or C-3.

“Corridor” means a surveyed flight path between two Lofts with a published capacity and wind ceiling.

“Dispatch” means the release of an Asset from an origin Loft carrying a sealed Capsule.

“Dispatch Window” means the interval published at intake within which Dispatch occurs.

“Loft” means a hardened rooftop node operated by Aviary for intake, dispatch, and receiving.

“Loss Event” has the meaning given in §5.

“Tariff Schedule” means the schedule of rates, declared-value limits, and reimbursement terms published at intake.

§2 Scope of services

Aviary is a private carrier. Aviary accepts payloads for carriage between Loft nodes within Service Area 1, dock to dock, under the Payload Specification in effect at intake (currently Rev. 11). Aviary does not hold itself out as a common carrier and may decline any payload at intake without stating a reason. Carriage begins at the origin-Loft intake scan and ends at the destination-Loft delivery scan.

§3 Payload; prohibited items

3.1 Payloads must conform to the Payload Specification (Rev. 11), including the 75 g ceiling. Payloads exceeding the ceiling are declined at intake.

3.2 The following are excluded from carriage:

• liquids, other than in a certified C-2 vial insert;
• lithium cells and articles containing them;
• currency and bearer instruments above the declared-value limit in the Tariff Schedule;
• perishables not certified for the published Dispatch Window;
• live animals.

§4 Dispatch and delivery

4.1 Payloads are dispatched within the Dispatch Window published at intake. Dispatch occurs during published daylight operating hours.

4.2 During a weather hold (§7.1), payloads queue at the origin Loft and release automatically when the Corridor reopens. Customers are notified at hold, release, and delivery.

4.3 Proof of delivery is the destination-Loft scan record. No positioning data exists for the transit interval.

§5 Loss events

5.1 A “Loss Event” is any Dispatch that does not complete. The dominant cause of Loss Events is raptor contact, which is a documented property of the operating environment and is reflected in the Tariff Schedule.

5.2 On a Loss Event, Aviary re-flies the shipment from the customer's retained original at no charge and reimburses declared value per the Tariff Schedule. Capsule contents are not recovered.

5.3 Claims must be submitted within fourteen (14) days of the scheduled delivery.

§6 Service credits

6.1 Delivery beyond the published window by more than 15 minutes: 5% credit. By more than 60 minutes: 25% credit.

6.2 Credits are the sole remedy for delay and are applied to the following invoice. No credits accrue during intervals excluded from scheduled availability under §7.

§7 Service availability

7.1 Weather

Corridors carry published wind ceilings and visibility minimums. Dispatch holds automatically when either is exceeded. Intervals under an active advisory are not counted as scheduled availability.

7.2 Maintenance

Loft maintenance windows are published on thenetwork status page. Queued payloads reroute where Corridor capacity permits.

7.3 Molt

The fleet molts annually. Molt is a biological process: it is not initiated by Aviary and cannot be deferred, staggered, or expedited by agreement. During the molt window (weeks W38–W44), network capacity is reduced by up to 60%, the on-time commitment does not apply, and no service credits accrue under §6. Customers are notified of the exact window by April 30 of each year.

Molt is not a Loss Event, a service failure, or an event of force majeure. It is a scheduled property of the fleet and is treated for all purposes under these terms as scheduled unavailability.

§8 Liability

8.1 Aviary's aggregate liability for any shipment is limited to the declared value stated at intake, not to exceed the class limit in the Tariff Schedule.

8.2 Aviary is not liable for indirect, incidental, or consequential loss, including loss of business, however arising.

§9 Regulatory status

Aviary operates under the long-standing legal framework governing the keeping and flying of homing pigeons. Assets are not aircraft within the meaning of 14 CFR Part 107, and no provision of these terms shall be construed as an admission otherwise.

§10 Governing law; amendments

10.1 These terms are governed by the law of the State of Delaware, without regard to conflict-of-laws principles.

10.2 Aviary may revise these terms. Material revisions are published to the network status page fourteen days before taking effect. Continued tender of payloads constitutes acceptance.