Terms of service
[If you are still using the legacy web3.storage API (e.g., you created an account before November 14, 2023), please view the applicable Terms of Service here (opens in a new tab).]
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.
Nitro Data LLC (“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.
Data stored via the Services will be available via IPFS and stored on Filecoin until the expiry of the respective deals. There may be a delay between content being uploaded via the Services and being stored on Filecoin through a deal. Additionally, you may experience minor delays immediately after uploading new content to the Services while this content becomes available on the IPFS network.
The maximum size of a registered upload is 750GB. Uploads greater than this size may not be registered successfully with your account, though if the data is successfully stored with web3.storage, you will still be responsible for paying for this storage.
We reserve the right to terminate the Services at our sole discretion or to transfer operation of the Services to a third party or smart contract. Prior to termination or transfer, we will provide 90 days’ notice to users via email to allow users enough time to make arrangements if any (e.g. remote pinning to their own IPFS node, remote pinning to another service, or preparing to manage the renewal of their Filecoin deals on their own).
All data uploaded to web3.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 web3.storage. Deleting files from web3.storage via the site's web console or API will remove them from the file listing for a user's account, but you may be charged for at least 30 days of storage for those files. Additionally, uploaded files typically remain on our infrastructure for at minimum thirty (30) days, and nodes on the IPFS network may retain copies of the data indefinitely. Users should not use web3.storage to store data that may need to be permanently deleted in the future.
In order to begin storing files 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. You can increase your storage limit and add paid features to your account by signing up for a paid subscription plan (“Paid Plan”).
You agree that you’ll pay the amounts set forth in https://web3.storage/pricing/ (opens in a new tab) for your chosen tier (“Subscription Charge”) plus any charges for additional usage beyond the storage limit of your selected tier during the previous month (“Overages”) (collectively, “Subscription Charge” and “Overages” are referred to as (the “Fees”) for each billing cycle).
When determining tier storage limits and Overages, we track usage for payment using the volume of data associated with shard content identifiers/CIDs (CIDs referencing the actual data sent to web3.storage and stored) – usage is not tracked based on content CIDs (CIDs used to reference and access uploads in a format useful to users, like specific files and directories).
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 suspend your access to the Paid Plan until we have successfully charged a valid Payment Method. 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.
You can cancel your Paid Plan at any time, and you will be able to upload new Data to web3.storage through the end of your billing period. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. After cancellation, data uploaded via a Paid Plan may not be available through our hosted IPFS infrastructure after the end of your billing period.
You may change your chosen tier at any point. You will be charged for the tier you’re subscribed to at the time of billing (plus any Overages for stored content over that tier’s limit). By selecting your tier, you consent to the limits associated with your chosen tier (as set forth in https://web3.storage/pricing/ (opens in a new tab)); you also consent to the Overages described in this Agreement.
We reserve the right to change our Paid Plans 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 your 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 terms of this Agreement (including any updated terms).
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 agree to pay the following Overages fees for storage amounts exceeding your selected tier (for more information on tiers, see https://web3.storage/pricing/ (opens in a new tab)). Overages will be billed to you at the beginning of your next billing cycle.
You are entirely responsible for all data you upload or cause to be uploaded using the Services (“Content”) - 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:
Posting or distributing Content that contains any viruses, malware, worms, Trojan horses, malicious code, or other harmful or destructive Content; Tricking users into revealing sensitive information to an unauthorized party (e.g., phishing) or misleading users as to the source of Content (e.g., spoofing); Naming your Content in a manner that misleads readers into thinking you are another person or company; Posting or distributing spam, including Content advertised via unwanted electronic messages on newsgroups, email lists, blogs, websites, and other unsolicited promotional materials; Unethical or unwanted commercial Content designed to drive traffic to third party sites or boost the search engine rankings of third party sites; Interfering with or disrupting the Services, or creating an undue burden on the Services or the networks or services connected to the Services, including (a) activity impacting the service level of other web3.storage users or (b) via a distributed denial of service attack.
Infringing the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; Failing to comply with any third-party licenses relating to Content or failing to complete all necessary steps to pass any required license terms to end users; Violating the privacy or publicity rights of any third party.
Using the Services for solicitation of unlawful services or posting obscene material that is unlawful under applicable law; Inciting violence or threatening others, directly or indirectly; Posting or distributing child sexual abuse material or Content encouraging or inciting terrorism; Using the Services in a way that is reasonably likely to cause or increase the risk of harm to any person(s) or group(s).
We have the right (though not the obligation) to, in our sole discretion (i) refuse 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. Additionally, we have the right to temporarily or permanently suspend access to accounts linked to temporary email addresses, email addresses created programmatically such as via bots, or hacked email addresses if we suspect these user accounts will be used in a manner that violates this TOS. We will have no obligation to provide any compensation or a refund of any amounts previously paid.
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 web3.storage and to accept the terms of this TOS.
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 participate in the Service. You further agree that you will not access the Services using any technology to circumvent applicable laws, such as sanctions laws.
This Agreement will be governed by the laws of the state of Delaware 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 agree to release and assign to us all rights, titles, and interests (such as intellectual property rights) to that Feedback. You further agree that we may make any such Feedback available under the MIT/Apache 2.0 dual open source license.
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.
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 our scope and control.
The Services are provided “as is,” unless otherwise stated. We hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will be error free or that access thereto will be continuous or uninterrupted, unless otherwise expressly stated for a particular Service. You understand that you upload, download or otherwise obtain content via the Services at your own discretion and risk.
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 ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, 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.