Updated: Jan 1st, 2026 

AGREEMENT.

These Terms of Services constitute an agreement effective upon your use of the marketing services platform (the “Platform”) located at 42.works (the “Agreement”) between 42 Inc. (“42” or “We”) and you (“You” or the “Customer”).

Terms and Conditions. By visiting or accessing the Platform, or using any part of the marketing services available on the Platform (the “Services”), You expressly accept, agree, and consent to the terms and conditions of this Agreement. Your continued use of the Services after any modification to the Platform or update to this Agreement, constitutes your conclusive acceptance of such change. If you do not agree to these terms and conditions of use, You must not use any portion of the Services and your sole remedy is to discontinue your use of the Services.

Additional Terms. To the extent 42 provides You notice of different or additional terms or practices, those additional terms will govern your use of the Services.

License. By using the Platform, You grant to 42 a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, copy, modify, distribute and publish your Ads in connection with the performance of the Services (including for testing, compliance, marketing and promotional purposes). You represent and warrant that you own or have all necessary rights (including intellectual property rights) to your Ads (including to grant the license above).

Support. These Terms of Services do not entitle You to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Platform except in our sole discretion. You do not acquire any right, title, or interest in any content on the Platform by virtue of accessing the Platform.  No license to use or reproduce any logo or trademark included on the Platform is granted to you by. The trademarks, logos, service marks, and business names displayed on the Platform are protected, whether or not they are registered. Any unauthorized use of content or information uploaded on the Platform and any unauthorized reproduction, retransmission or other use of any part of the Platform may infringe our or third parties’ copyrights, trademarks, privacy, publicity, or other rights.  This includes, without limitation, the use of automated systems or software to extract data from the Platform for commercial purposes (also known as screen scraping), unless where you have a written agreement with us particularly to this extent.

You may not disclose any information about 42's technology, pricing, metrics, or features.  Such information is confidential.

Privacy. By visiting, accessing, or using any part of the Services, you accept the practices described in 42’s Privacy Policy.

Eligibility. You may only use the Services if you are at least eighteen (18) years of age.

Updates. We may modify this Agreement at any time. Such modification will become effective immediately upon either posting of the modified agreement or 42’s notification to users. You may locate the most current version of this Agreement at 42.works/en/footer/terms-of-services.

Modification and Termination. 42 operates the Services in its sole and complete discretion. We may modify the Services at any time for any reason, including changes to features, content, functionality, or software. We may suspend all or any portion of the Services, including for periodic maintenance, equipment malfunctions or causes beyond 42's control. We may also terminate the Services in entirety. 42 is not liable for any such modification, suspension, or termination of the Services.

USE OF SERVICES.

The Services are designed to enhance the effectiveness and efficiency of your advertising campaigns. We try to optimize your campaigns and offer you investment choices. 42 may offer you choices about whether you would like to use certain automated optimizations. With your permission, 42 also may manually assist you with your campaigns.

You are responsible for (i) all ads and content submitted by or on your behalf through the Services or otherwise to 42, including the messages, text, files, images, video, photos, sounds, creatives, branding, URLs, tags, and pixels or other materials on or through the Platform that comprise the ads and content thereof (collectively, your "Ads"), (ii) all Ad trafficking, targeting or trading decisions made by You or on your behalf, (iii) all content and property to which Ads direct viewers, as well as redirects ("Destinations"), and (iv) all services and products advertised on Destinations ("Advertised Goods"). Except as expressly agreed by 42 in writing, 42 will determine the placement of your Ads. 42 will serve your Ads as inventory becomes available on sites or other publishing platforms (the “Properties”). Your Ads, Destinations, Advertised Goods and use of the Services must comply with these Terms of Services and all applicable laws, self-regulatory rules, industry rules and governmental requirements (collectively, "Applicable Law"). 

Copyright and Trademarks. All 42 content on the Platform is copyrighted under Applicable Law. We hold and own the copyright, and all other proprietary and intellectual property rights and title, to all the work, including the code, pages, graphics, design, text, sound recordings, images, materials, and content of the Platform, some of which may be trademarked. You agree not to copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from the content of the Platform, including any information, products, or services, without 42's express written consent. The Services are solely for your commercial use and not for any personal purposes.

Electronic Communications. When You use the Services, you communicate electronically with 42.  You expressly consent to the receipt of electronic communications from 42 through posts on the Platform, via the email or phone number You provided when setting up a user account. All agreements, notices, disclosures, authorizations, verifications, confirmations, or other electronic communications 42 provides according to this paragraph satisfy any legal requirement for written communication.

Payments. When You have verified your order and accepted the payment prompt, your payment is processed by a secure platform unrelated to 42 (Stripe).  Accordingly, in the event of an error, You must contact your financial institution.

42 Fee. The price paid upon planning, execution and reporting of an Ad campaign includes the fees of 42 for providing the Services.  That fee is earned upon your payment and is non-refundable, regardless of circumstances.

Audience and Context Guaranty.  Because the Ads are being published by unrelated third parties, We cannot guaranty the audience of the Ad as indicated on the Platform when the order is placed or that the Ad will be placed as expected by You or will be placed in a relevant context. 42 declines any liability in such occurrence.

Review Process. In order to maintain the professionalism and integrity of 42, Ads will not run until cleared through our ad review process, which checks your Ad against the policies we detail below. We strive to review Ads as soon as possible and usually do so within 24 hours. If your Ad is rejected, we will provide the reason on the Platform and also via Electronic Communications. If you prefer, you can edit your Ad to comply with our policies and resubmit. If you have further questions, please contact us at: contact@42.works .

ADS.

Your Ads. You retain all rights, responsibility, and ownership of your Ads. You may only upload content that you created or have permission to use. We are not responsible for any of your content uploaded on the Platform. Notwithstanding anything contained herein, 42 makes no representations or warranties concerning efforts to review or monitor your content, including the extent to which it may be considered or construed as personal, private, inappropriate, inaccurate, offensive, profane, misleading or otherwise objectionable. In such event, 42 may disable, remove, or delete any of your content. 42 is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance upon, any such content.

License to Content. By using the Services or uploading (hereinafter “upload” or “uploading”) your Ad, you grant 42 an irrevocable, perpetual, fully paid, non-exclusive worldwide right to use, reproduce, display, and distribute the Ad on the Platform. 42 does not need any further approval for its uses of your AD.

Third Party Content, Services, Applications, and Tools. The Services may include links to, or content from, third-party websites, resources, services, applications, or tools (“Third Party Content”). If you choose to use or view such Third Party Content, your personal information may be disclosed to third parties. These third-party providers may request that you agree to separate privacy policies and terms of use that are different than 42’s terms. You should read any such policies before using or viewing Third Party Content. 42 does not control and is not responsible or liable for Third Party Content. 42 makes no representations or warranties concerning Third Party Content, including the extent to which it may be considered or construed as inappropriate, inaccurate, offensive, misleading, or otherwise objectionable. 42 is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Third Party Content.

ACCOUNT INFORMATION.

Passwords and Security. Registering for the Services may require you to create a username and a password. You agree to maintain the security, confidentiality, and integrity of your username, password, and any other security measures employed on the Services. You are responsible for all access to and use of the Platform, including all financial transactions, under your username and password, including access or use by any partner, secondary, or additional member, if applicable, whether or not authorized by you. You agree to immediately notify 42 of any breach of security, including unauthorized use of your username or password, and to immediately take all reasonable steps to prevent its further occurrence, including changing your password.

Accuracy of Personal Information. You represent and warrant that all information provided to 42 through the Platform is current, accurate, complete and truthful, including all initial or updated registration or membership information, such as your legal name, street address, email address, telephone number, and financial transaction account information related to You. You further represent and warrant that you are an authorized account holder of any financial transaction account which you provide to 42 through the Platform for payment of dues, advertisements or other transactions.

USER CONDUCT.

Termination of Use. 42 may block, restrict, disable, suspend, or terminate your access to or use of all or any parts of the Services without prior notice or liability to you.

Prohibited Use. You will not advertise, upload, submit, transmit, email, upload, share, store or otherwise make available, or enable or authorize any third party, and 42 reserves the right to reject, any Ad that, in 42’s judgment (the following list is not exhaustive):

• Is unlawful, illegal, threatening, abusive, harassing, stalking, intimidating, libelous, false, defamatory, invasive of another's privacy or publicity rights, violent, vulgar, obscene, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive or improper; 

• Is discriminating or hateful toward an individual or group of individuals on the basis of age, gender, disability, religion, ethnicity, race, color, national origin or sexual preference;

• Includes personal or identifying information about another person without that person's affirmative consent;

• Is fraudulent, misleading, or deceptive;

• Constitutes link referral code, junk mail, spam, chain letters, or pyramid or Ponzi schemes; 

• May interrupt, limit, overburden, damage, impair, destroy or otherwise negatively impact the functionality or use of the Services, including Ads with a software virus or Ads in an excessive amount (e.g., flooding attack);

• Contains references to intellectual property rights (e.g., trademarks, trade names, logos, service marks, trade dress, copyrights) belonging to third parties unless express permission has been granted by the intellectual property right’s owner;

• Is for fake documents and related services;

• Is for regulated substances, tobacco products (including e-cigarettes or vaporizers), or alcoholic beverages;

• Is for prescription, over-the-counter or recreational drugs;

• Is for the promotion, use or sale of weapons, ammunition, fireworks or any other firearms;

• Is for adult content, including ads for adult products and services;

• Is for downloadable ringtones;

• Is for counterfeit goods;

• Is for fortune telling, dream interpretations and individual horoscopes;

• Are inappropriate during the time of or in relation to a tragedy, disaster, or similarly sensitive event;

• Is for products or services for hacking, cracking or circumvention;

• Are incomplete;

• Are for unrealistic or misleading claims about health improvements, including related to diet and weight loss;

• Are for unhealthy or unsafe behaviors; or 

• Are for products related to endangered species.

Restricted Use. While 42 may not reject your content, 42 may, in its sole discretion, restrict and add warnings to your Ads that are for (the following list is not exhaustive):

• Sales outside of the United States of alcoholic products;

• Animal products;

• Dating Services: such ads may never be targeted at members under 18. The dating services must be legal in the applicable jurisdiction and must not engage in “escort type” services where any person is compensated to participate in the date;

• Soliciting Funds, provided that 42 allows ads that solicit funds if they comply with applicable laws and would qualify as tax deductible or charitable in the applicable jurisdiction;

• Medical devices and medical treatments;

• Payday loans, paycheck advances or similar short-term loan products;

• Political ads, including ads advocating for or against a particular candidate, party, or ballot proposition or otherwise intended to influence an election outcome; 

• Fundraising for or by political candidates, parties, political action committees or similar organizations, or ballot propositions; 

• Exploiting a sensitive political issue even if you have no explicit political agenda;

• Gambling, lotteries and sweepstakes; or

• Cryptocurrency or other financial products, whether regulated or unregulated.

Other Recommendations. 

• Fair and Legal Billing Practices. The products and services advertised in your Ad must have fair billing practices and follow all Applicable Laws;

• Malicious Software/Browser. Do not use an ad to promote, install or distribute viruses, worms, spyware, malware or other malicious software. Software should only be installed with the permission of the user and should be readily removable by the user. Software features should be made apparent to the user, with no undisclosed features or functions that could harm the user or the user’s data, software or devices. Do not use any browser flaws to install software or bypass standard browser security restrictions;

• Phishing. Do not use an ad to promote a website that tricks a user into providing personal or other information.

• HTTPS and HTTP Support. If you collect sensitive information on the site linked to the ad, you must use HTTPS. Sensitive information includes, but is not limited to, financial information, government-issued identification information, medical information, login information such as usernames and passwords and sensitive characteristics such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sexual orientation, criminal record, information regarding minors or students.

• Link Behavior. Do not deceive, confuse or otherwise degrade the experience of members who click on your ad. The domain of your Display URL must match the domain of your Destination URL. All members must be sent to the same destination URL and landing page from a click on your ad. Do not send members to a landing page that generates a pop-up. The landing page must allow users to navigate away from the page, including via the browser’s ‘Back’ button, and return to the page that the ad was displayed on.

If you are interested in placing an Ad related to a restricted category, please contact our support team at contact@42.works .

THIRD PARTY ADS.

If You are accessing or using the Platform on behalf of a business or third party, You represent and warrant that You have the authority to do so and to bind that business or third party to these Terms of Services. You are responsible for any activity conducted through your account, including any purchases made or charges incurred. If you indicate that you are using the Platform on behalf of a business, you agree that 42 may share information about your Ad purchases and use of the Platform with that business, including its representatives and agents. If that business indicates that you are no longer authorized to place Ads on its behalf (e.g., if you leave that business or change roles within that business), You may be removed from accounts associated with that business, but You will remain liable for any prior Ads.

PAYMENT, BALANCE, FEES, COSTS AND CANCELLATION.

Upon providing required informations, You will be presented with a draft estimate for your Ad campaign.  You will be required to upload your creative assets and to provide a payment method (credit or debit card or bank account) via a secure payment system.  42 is using stripe for all payment transactions and You will then be connected with Stripe.  42 does not receive, store or have access to any of your payment information.  Stripe will then validate your payment information and confirm to 42 that payment has been made.  By submitting your payment information, You agree to pay on the basis and at the rate shown in the campaign results ("Rate"), e.g. all costs for media & data (publishers and/or providers), technology & services (42 inc.), conversions & transactions (publishers and/or secure payment system).

You also agree to pay all applicable taxes, government charges and foreign exchange fees. For these purposes, taxes include all federal, state, and local sales, use, gross receipts, VAT, GST, levies and similar transaction taxes. You will be assigned by 42 a balance (“Budget available”) to cover all campaign costs, which Budget available can be refilled at any time.  The Budget available can be withdrawn or refunded, in part or in whole, at any moment by requesting it to contact@42.works . Such withdrawal or refund shall be credited to the payment account information you provided within 10 business days of the request.   If You believe that 42 has billed You incorrectly, You must contact 42 no later than 10 days after the end date of the campaign in which the error or problem appeared, in order to receive an adjustment or credit. 

A receipt for the Budget available will be issued at the moment of the deposit by Stripe, and the detailed Campaign results will be available during and at the end of each campaign.  All Campaign costs will be calculated based on 42's tracking mechanisms. 42 is not responsible for click fraud, fraudulent leads, technological issues or other potentially invalid activity by third parties that may affect the cost of running Ads. Your exclusive remedy for suspected invalid activity is to make a claim for an Ad Services credit within 90 days of the date of that activity, and 42's exclusive liability is to issue Ad Services credit for suspected invalid activity. Any Ad Services credit that you may accrue are non-refundable and non-transferable and must be used prior to termination of this Terms of Services or your account.

Coupons. 42 may provide digital codes (“Coupons”) that can be used by clients on the Platform to redeem Campaign budgets.

These Coupons are subject to the following terms: 

• 42 reserves the right to block or deactivate Coupons at any time without notice or liability. 

• Coupons can only be applied through the Platform. 

• A Coupon cannot be combined with other offers or discounts or applied to previous transactions. 

• A Coupon is non-transferable and cannot be redeemed for cash or other services. 

YOUR FEEDBACK.

We may use such feedback and testimonials you choose to provide.

42's pricing, metrics and beta features are confidential.

You may use Ad Services Data only on an aggregate and anonymous basis to assess the performance and effectiveness of your campaigns and to optimize your campaigns. You must protect the confidentiality of Ad Services Data using industry standard security safeguards. 

If you choose to provide suggestions and feedback to 42, you agree that 42 can (but does not have to) use and share such feedback for any purpose without compensation to you. If you provide testimonials about our Services or submit Ads to 42, we may post those testimonials and Ads in connection with our promotion of the Services.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.

We are committed to complying with U.S. copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, our users (including You) may not disseminate any material or content using the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Services if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Notices should be addressed to: contact@42.works . If you believe that content that You or a third party owns has been used via the Services in a way that violates your or someone else’s copyright or other intellectual property rights, please provide us with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

• a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

DISCLAIMER OF WARRANTIES

To the fullest extent allowed under Applicable Law, 42 disclaims all implied warranties of fitness or merchantability.  Further, 42 disclaims all warranties regarding the accuracy of the information on which Ad targeting are based (e.g., information or segments that You or third parties provide), the match rate or changes to such rate for matched audiences, the rate at which inventory for your Ads becomes available on the Properties, the nature and content of the Properties on which Ads are served, the match rate for block lists of Properties, the results of your campaigns and other uses of the Services. 

INDEMNIFICATION

Notwithstanding any review of any Ad by 42, You agree to indemnify and hold harmless 42, its affiliates and their respective managers, directors, officers, shareholders, members, employees, agents and representatives from any damages, losses and costs (including, reasonable attorneys' fees) related to third party claims or proceedings, arising out of or related to your Ads, Destinations, Advertised Goods, use of the Services and breach of this Terms of Services. 

LIMITATION OF LIABILITY

 

THE PLATFORM, INCLUDING ALL CONTENT THEREIN, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND YOU SHALL USE THE PLATFORM AT YOUR OWN RISK. 42 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 42 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 42 DOES NOT WARRANT THAT THE PLATFORM OR CONTENT CONTAINED THEREIN OR THE FUNCTIONS CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT 42) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION OF ANY OF YOUR SYSTEMS.

42 EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE PLATFORM. IN NO EVENT SHALL 42, ITS PARENTS, ITS SUBSIDIARIES OR AFFILIATED COMPANIES, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM  (I)  PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II)  ANY UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM, (III)  ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM, OR VIA THE PLATFORM, (IV)  ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, (V)  ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE PLATFORM, OR (VI)  OTHERWISE RESULTING FROM THE USE OF THE PLATFORM. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, YOUR USE OF THE SITES OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED ONE HUNDRED US DOLLARS (US $100.00).

GOVERNING LAWS AND JURISDICTION

These Terms of Services are governed by the laws of New York, New York, USA, and any action or proceeding related to these Terms of Services will be brought in a federal or state court sitting in New York, New York. You hereby irrevocably submit to the jurisdiction and venue of such courts.