Terms of Service

1. Scope and who you are contracting with

These Terms of Service ("Terms") govern your access to and use of imageserver.pw and every service offered under that domain ("Service"). They form a binding agreement between you ("you", "User") and the operator named in our Impressum ("we", "us", "our"), whose full contact details are given there.

By creating an account, uploading a file, or otherwise using the Service, you accept these Terms. If you do not accept them, do not use the Service.

How we handle personal data is described separately in our privacy policy, which is not part of these Terms but applies alongside them.

2. Changes to these Terms

We may amend these Terms, for instance when the Service gains features or the legal situation changes. We will announce material changes in advance by email, where we have your address, or by a prominent notice on the site.

If you hold a paid plan and object to a material change, you may cancel with effect from the end of the period you have already paid for. Continued use after a change takes effect counts as acceptance.

3. Definitions

• Service is everything offered at https://imageserver.pw and any domain we serve it from, including the web interface, the desktop client, and the HTTP API.
• Content is anything you make available through the Service: files you upload, the destinations you point short links at, what you put on a BioLink page, and any domain you connect.
• Account is the profile created when you sign in through Discord.
• User key is the personal credential that authenticates your uploads and short links against our API.
• Plan is the set of limits attached to your account, whether the free one or a paid one.

4. Your account and your user key

You can create an account either by signing in through Discord or with an email address and a password, and you can link both to the same account afterwards. Where you set a password, we store only a hash of it and never the password itself. Where you sign in through Discord, keeping that account secure is part of keeping this one secure.

You can additionally protect your account with an authenticator app or a passkey. If you enable that and then lose both the second factor and your recovery codes, we may be unable to restore access.

Your user key authenticates requests on its own. Treat it like a password: do not publish it, do not commit it, and do not pass it on. Anything done with your key counts as done by you, unless you can show that it was used without your knowledge and not through your own carelessness. If it leaks, regenerate it in the dashboard, which invalidates the old one at once.

One person may hold one account. Do not create additional accounts to work around plan limits or a suspension.

5. What the Service does

The Service stores files you upload and serves them under a link, shortens URLs, hosts a public BioLink profile page, and lets you serve all of that from a domain of your own. It can be driven from the web interface, from ShareX, from our desktop client, or directly over the API.

Files are encrypted with AES-256 before they are written to disk. The key is generated per file, is not stored by us, and travels in the link you receive. The practical consequence runs in both directions: we cannot read your files, and we cannot recover them for you. See the encryption documentation for what this does and does not protect against.

We may change, extend or discontinue individual features. Where a change materially reduces what a paid plan offers, section 2 applies.

6. Your Content and the licence you grant

Your Content stays yours. We claim no ownership of it.

To be able to run the Service at all, you grant us a non-exclusive, worldwide, royalty-free licence to store, reproduce, transmit and make your Content available, and to make the technical changes that hosting requires, such as encrypting it, compressing images where your plan says so, generating previews, and distributing it through our CDN.

That licence is limited to operating the Service. It does not permit us to use your Content for advertising or any other purpose of our own, and it ends when the Content is deleted, apart from copies that remain in backups until those are rotated out.

You are responsible for holding the rights you need for everything you upload, link to or publish through the Service.

7. Prohibited content and conduct

Our servers are in Germany, so German and EU law applies to everything stored here, whatever is lawful where you are. You may not use the Service for Content that:

• is unlawful under German or EU law, or under the law that applies to you;
• depicts or promotes the sexual abuse or exploitation of minors;
• is sexual imagery of a person shared without their consent;
• glorifies, promotes or organises terrorism, extremism or violence;
• harasses, threatens or incites hatred against people, in particular on the basis of origin, religion, gender, sexual orientation or disability;
• exposes personal data of others without a legal basis, including doxxing;
• infringes copyright, trade marks or other third-party rights;
• contains malware, exploits, or files disguised as something else;
• serves phishing, fraud, or the imitation of another brand or person.

The same limits apply to what you do with the Service:

• Short links may not point at anything the list above forbids, and may not be used to disguise the destination for fraudulent purposes.
• BioLink pages are public, so everything on them is subject to the same rules.
• Do not circumvent rate limits, quotas or plan restrictions, whether by scripting, by multiple accounts, or otherwise.
• Do not use the Service as a general backup, bulk archive or file distribution network unrelated to sharing.
• Do not attempt to disrupt the Service, probe it for vulnerabilities without our written consent, or access data that is not yours.

8. Retention, deletion and lost keys

Uploads without an account are deleted automatically once they are seven days old. This runs on a schedule and is not a promise of exactly seven days to the minute.

Uploads with an account are kept while your account exists and you stay within your plan, and until you delete them. Every upload also comes with its own deletion link, which works without signing in and is the only copy you get, so keep it if you want it.

Lost keys cannot be recovered. Because we do not store the key that decrypts a file, losing the link means the file is gone in every practical sense, and no support request can change that. Keep your own copy of anything you cannot afford to lose.

You can request deletion of your account and everything attached to it at any time using the contact address in section 19. You can also export your data from your account beforehand. Legal retention duties, and copies still sitting in backups, are the only exceptions.

9. Paid plans, billing and cancellation

Alongside the free plan we offer paid plans with higher upload and storage limits. The plans, their limits and their current prices are listed on the plans page and are shown in euro. The price shown is the amount charged each month, and any value added tax that is due is contained in it.

Payment. The contract for a paid plan is concluded with us. Payment is collected for us by Mollie B.V., our payment service provider, on the payment page it hosts. Its privacy policy applies to that page. Card and account details never reach us: what we receive back is a reference to your subscription and its status.

Authorising the subscription. The first month is charged when you subscribe, and paying it authorises us, through Mollie, to charge the same amount every month afterwards. The next charge falls one month after the first, and every month after that on the same day.

Renewal. A paid plan is a monthly subscription. It renews automatically for another month, at the price then in effect, until it is cancelled.

Cancellation. You can cancel at any time from the plans page, with effect from the end of the period you have already paid for. Your plan keeps working until then, and afterwards your account returns to the free plan. We do not refund the remainder of a period you have already started, unless the law says otherwise.

After a downgrade. Files you uploaded stay accessible even if they exceed the free plan's limits. New uploads are refused while you are over quota, until you free up space.

Price changes. We will announce a price change at least 30 days before it takes effect. It applies from your next renewal, and you may cancel before then.

10. Right of withdrawal for consumers

If you are a consumer in the EU, you have the right to withdraw from a subscription within 14 days of entering into it, without giving reasons. Because the contract is with us, that right is exercised against us: send a clear statement to the contact address in section 19 and we will stop the plan and refund what is owed.

Because a plan takes effect immediately, you ask us by subscribing to begin performance during the withdrawal period. If you then withdraw, you owe a proportionate amount for the part of the period already used, and the right of withdrawal lapses once the service has been fully performed.

Your statutory rights in the event of defects are not affected by this section.

11. Availability, backups and warranties

We aim for continuous availability but do not owe a particular uptime. Maintenance, failures and attacks can interrupt the Service, and features may be temporarily unavailable.

We take daily backups of the system. Backups exist so that we can restore the Service after a failure. They are not a file recovery offer, and we do not promise to restore any particular item, especially not one whose key we never had.

Beyond that, the Service is provided as it is. To the extent the law allows, we give no warranty that it is fit for a particular purpose, uninterrupted, or free of errors.

12. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and wherever statute makes liability mandatory, in particular under the German Product Liability Act.

For slight negligence we are liable only where we breach an obligation that is essential to the contract and that you may therefore rely on being met, and in that case only for the foreseeable damage typical of this kind of contract.

We are not liable for Content that users make available through the Service. As a hosting provider we do not monitor stored Content in advance, and we remove or block it once we gain actual knowledge that it is unlawful.

13. Indemnification

If a third party brings a claim against us because of Content you made available or because you breached these Terms, you will indemnify us against that claim and against the reasonable costs of a legal defence, unless you are not responsible for the breach.

14. Reporting illegal content

Anyone can report Content they consider illegal, in line with Article 16 of the Digital Services Act. There are two routes:

• The Report button on any file preview page, which is the fastest way for a single item.
• An email to [email protected], which is also the address for copyright and other legal notices.

To let us act on a report, please include the exact links, an explanation of why the Content is unlawful, and, where you assert someone else's rights, what entitles you to do so. We confirm receipt of reports sent by email and aim to answer valid ones within 24 to 48 hours.

When we remove or block Content, we inform the affected user of the decision and the reason for it, as far as we can reach them and as far as the law permits. If you believe we got it wrong, reply to that notice and we will look at it again.

15. Suspension and termination

We may remove Content, suspend an account, or terminate it where these Terms are breached, where the law requires it, or where an account endangers the Service or its users. We choose the mildest measure that resolves the problem, and a permanent termination is reserved for serious or repeated breaches.

You may stop using the Service and request deletion of your account at any time. Where you hold a paid plan, section 9 governs what that means for the current period.

If we terminate your account for a reason you are not responsible for, we refund the unused part of any period you have paid for.

16. Applicable law and jurisdiction

These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice does not deprive you of the protection of mandatory provisions of the law of the country you are habitually resident in.

Where you are a merchant, a legal entity under public law, or have no general place of jurisdiction in Germany, the courts of Sankt Augustin, Germany, have exclusive jurisdiction. For consumers, the statutory rules on jurisdiction apply.

17. Consumer dispute resolution

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board. You are of course welcome to raise any complaint with us directly first, and we would rather sort it out that way.

18. Miscellaneous

• Entire agreement. These Terms, together with the plan description on the plans page, are the whole agreement between us about your use of the Service.
• Severability. If a provision is or becomes invalid, the rest stays in force.
• No waiver. If we do not enforce a provision on some occasion, we do not give up the right to enforce it later.
• Survival. Provisions that by their nature should outlast the agreement, such as sections 12 and 13, continue to apply after it ends.
• Assignment. You may not transfer your account or your rights under these Terms without our consent.

19. Contact

General enquiries, account deletion and withdrawal: [email protected]

Reports of illegal content, takedown and copyright: [email protected]

Our postal address and the person responsible are listed in the Impressum.