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For the NFT.Storage Classic ToS, see classic.nft.storage/terms.
The following terms and conditions govern all use of the NFT.Storage website (“NFT.Storage” or the “Website”), all NFT.Storage APIs (“APIs,”) and all content, services and products available at or through the Gateway, APIs, or Website (collectively, “Services”), other than the NFT.Storage Classic product and nftstorage.link gateway, which are governed by the Terms of Service available at classic.nft.storage/terms. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein.
If you do not agree to all the terms and conditions of this agreement (“Agreement” or “TOS”), then you may not access the Website or use any of the Services. You also agree and certify that you have complied, and will continue to apply with all applicable laws in using the Services.
NFT.Storage Ltd. (“we,” “us”) may make changes to this Agreement and pricing from time to time. If you do not agree to these revisions, you may stop using the Services.
If you are entering into this Agreement on behalf of a company, organization, or another legal entity, you are agreeing to the terms of this Agreement for that entity and representing to us that you have the authority to bind that entity to this Agreement.
In order to store data via the Services, you must first upload it to the IPFS network and obtain a content identifier (CID). Upon specifying a CID, data will be stored on the Filecoin network via the Services.
We strive to provide a consistent long-term storage solution for NFT.Storage users. You can find more about our commitment to long-term storage here.
All data uploaded to NFT.Storage is available to anyone who requests it using the correct CID. Users should not store any private or sensitive information in an unencrypted form using NFT.Storage. Further, deleting files from NFT.Storage via the site's Files page or API will remove them from the file listing for a user's account, but storage providers on the Filecoin network and/or IPFS nodes that have stored the data may retain copies of the data after you’ve deleted it via NFT.Storage, and smart contracts to renew the storage deals on the Filecoin network may be irreversible. Users should not use NFT.Storage to store data that may need to be permanently deleted in the future.
By using the Services, you certify that you own the copyright or have obtained the necessary permissions to upload any files you upload via the Services. We reserve the right to remove any content that infringes upon the intellectual property rights of others or otherwise violates our Acceptable Use policy below.
Data stored via the Services is pushed to storage on Filecoin, where the data is batched into deals. There may be a delay between content being uploaded via the Services and being stored on Filecoin through a deal.
The Services do not include payments for Filecoin retrieval deals, or for IPFS pinning. You are responsible for paying for any Filecoin retrieval services or IPFS pinning services to the extent you use them.
For information on API rate limits, such as read and write request limits, please refer to the documentation here: nft.storage/docs.
Files that are exceedingly large may fail to upload via the Services, in which case you will receive an error message. We expect that the vast majority of users will not run into this issue.
Additionally, we reserve the right to utilize additional technical verification for data being uploaded via the Services, such as to verify that the content identifier of data matches the token ID, or that the data is actually NFT metadata.
Billing.
In order to store data via the Services, you will need to pay a one-time fee per GB of data to access storage via the Services (the “Paid Plan.”) You can find our pricing information at this link: nft.storage/pricing. To enter into the Paid Plan and receive access to storage via the Services, you will need to provide us with one or more Payment Methods. "Payment Method" means a current, valid method of payment, which may involve a third party or payment processing vendor (such as Stripe), in which case you will also be subject to that third party’s terms and conditions. Payments made via the Paid Plan are one-time fees per GB of data, are nonrefundable, and the resulting storage must be activated within one year of payment.
You agree that you’ll pay the amounts set forth in nft.storage/pricing (the “Fees”) for each billing cycle.
You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of Fees you owe us. You remain responsible for any uncollected Fees. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may remove data from any of our hosted systems. For some Payment Methods, the issuer may charge you additional fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method.
Changes.
We reserve the right to change our Paid Plan or adjust pricing for our service or any components thereof in any manner and at any time, in our sole discretion and without notice. If we adjust the pricing of the Paid Plan, we will provide you with at least fourteen (14) days’ notice before these changes take effect. By continuing to use the Services, you agree to the terms of this Agreement (including any updated terms).
Taxes.
The Fees do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes assessable by any domestic or foreign jurisdiction (“Taxes”). You agree that you’re responsible for any applicable Taxes, and that you will provide us with any applicable tax identification information that we may require by law to ensure our compliance with applicable tax regulations and authorities in applicable jurisdictions.
You will retain all right, title, and interest in and to any data, or materials of any type that you upload or cause to be uploaded using the Services (collectively, “Content”). You hereby grant us a non-exclusive, worldwide, royalty-free, sublicensable right to collect, store, use, copy, transmit, modify, and create derivative works of this Content solely to the extent necessary to provide the Services.
You are entirely responsible for all Content you upload or cause to be uploaded using the Services - and you’re also responsible for any harm resulting from that Content. For your own protection and the protection of our network & community, you may not use the Services for activities such as:
Scams, Spam, and Server Misuse:
Infringement of Others’ Rights:
Other Restricted Purposes:
We have the right (though not the obligation) to, in our sole discretion (i) refuse, block, or remove any Content; (ii) block uploads, or (iii) temporarily or permanently suspend access to your account if, in our reasonable opinion, there has been a breach of this TOS in any way for any reason. We will have no obligation to provide any compensation or a refund of any amounts previously paid.
This Agreement will be governed by the laws of the state of New South Wales, Australia without regard to conflict of law principles.
To the extent you provide any ideas, suggestions, or other feedback to us regarding the Services (“Feedback”) you hereby grant us all rights, titles, and interests (such as intellectual property rights) to that Feedback.
You are responsible for maintaining the confidentiality of all usernames, passwords, and other access credentials created by or assigned by you, and are solely responsible for all activities that occur with such credentials. If you permit third-parties to use your credentials to access the Services, you do so at your sole risk and we will not be directly or indirectly responsible or liable to you in any manner for any damages, harms, losses, or claims arising out of or in connection with such permission of your credentials.
If you are on any U.S. or E.U. sanctions list, or residing in any U.S. or E.U.-sanctioned region, you may not use the Services. You agree that you will not access the Services using any technology to circumvent applicable laws, such as sanctions laws.
In order to use the Services you must be 13 years of age or older. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to use NFT.Storage and to accept the terms of this TOS.
You may have access to third-party websites and webpages through the Services, and you take full responsibility for your use of those third-party sites which fall outside the scope and control of the Services. We have not reviewed those third-party websites, do not have control over them, do not endorse them, and are not responsible for their contents or their use.
To the extent the Services are dependent on services hosted or operated by third-parties, including payment processors or independent storage networks, we are not responsible for any outages or disruptions caused by those third-parties, such as storage networks or payment processors unexpectedly going offline.
TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) YOU ASSUME ALL LIABILITY FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD-PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES, (B) YOU ASSUME ALL LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, AND (C) YOUR MAXIMUM AGGREGATE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES SHALL BE LIMITED TO $100, REGARDLESS OF THE CAUSE.
This Agreement constitutes the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Services. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, without our prior written consent. We may assign this Agreement at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Last Updated: 22 May, 2024