Terms of Service

Effective: February 8, 2026

img402.dev ("Service") is an image hosting service operated by img402 ("we", "us", "our"). By using the Service — whether directly or through an AI agent, bot, or automated tool — you agree to these Terms.

1. Who Is the "User"

For paid uploads, the User is the person or entity that owns the private key used to sign the x402 payment. Each payment constitutes acceptance of these Terms for that transaction. For free uploads, the User is the person or entity that sends the upload request.

If you deploy an AI agent or automated tool that uses the Service, you are the User and bear full responsibility for the agent's actions — including content uploaded, payments made, and compliance with these Terms.

2. Service Description

img402.dev hosts images uploaded via its API. The Service offers two tiers:

Both tiers:

The Service is provided "as is" and "as available". We do not guarantee uptime, availability, or that images will remain accessible for the full retention period.

3. Public Content Warning

All uploaded images are publicly accessible. If someone has the URL, they have the image. There is no authentication on image serving and no expectation of privacy.

Do not upload sensitive, private, or confidential images. Once uploaded, an image cannot be edited — the URL points to that exact content until expiry or takedown. Even after removal, cached copies may persist temporarily in CDN edge nodes and third-party caches.

4. Payment

Free tier uploads require no payment. Paid uploads cost $0.01 USDC on the Base network, paid via the x402 protocol.

5. Prohibited Content

You may not upload:

6. Content Ownership and License

You retain all ownership rights to content you upload. By uploading, you grant us a limited, non-exclusive, royalty-free license to store, cache, serve, and display the image solely for the purpose of providing the Service. This license terminates when the image is deleted.

You represent and warrant that you have the right to upload and distribute the content.

7. Child Safety (CSAM)

All uploaded images are subject to automated content scanning via Cloudflare. Upon detection of CSAM:

8. DMCA / Copyright Infringement

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA).

Takedown Notices

To report copyright infringement, send a notice to our designated DMCA agent at [email protected] containing:

  1. Identification of the copyrighted work
  2. The URL of the infringing image on img402.dev
  3. A statement that you have a good-faith belief the use is not authorized
  4. A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner
  5. Your physical or electronic signature

Upon receipt of a valid notice, we will expeditiously remove the infringing material.

Counter-Notifications

If you believe your content was removed in error, you may submit a counter-notification to [email protected] with the required statutory elements.

Repeat Infringers

We maintain a repeat infringer policy. Wallet addresses associated with repeated copyright infringement may be blocked from the Service.

9. Content Removal and Termination

We reserve the right to remove any content and block any wallet address at our sole discretion, for any reason or no reason, without prior notice. This includes but is not limited to violations of these Terms, suspected abuse, legal requirements, or excessive bandwidth consumption.

We have no duty to monitor uploaded content, but we may do so and may use automated tools (including Cloudflare scanning) to detect prohibited content.

10. Fair Use of Serving

Images are served publicly for embedding and sharing. However, using the Service as a general-purpose CDN — for example, serving images as primary assets for a high-traffic commercial website — constitutes abuse. We reserve the right to throttle, rate-limit, or disable access to any image URL that generates disproportionate bandwidth.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT UPLOADED CONTENT WILL REMAIN ACCESSIBLE FOR ANY SPECIFIC DURATION.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

We are not liable for the actions of third parties, including infrastructure providers (Cloudflare, Fly.io, Tigris), blockchain networks, or other users of the Service.

13. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses (including attorneys' fees) arising from: (a) content you upload, (b) your violation of these Terms, (c) your infringement of any third-party rights, or (d) your illegal use of the Service.

14. Export Controls and Sanctions

You may not use the Service in violation of U.S. export controls or economic sanctions. You represent that you are not located in, and will not use the Service from, any country subject to U.S. embargo, and that you are not on any U.S. government restricted party list.

15. Changes to These Terms

We may update these Terms at any time. The current version is always available at img402.dev/terms. Continued use of the Service after changes constitutes acceptance.

16. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of laws provisions. Any disputes shall be resolved in the courts of San Francisco, California.

17. Miscellaneous

Contact

Questions about these Terms: [email protected]