PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY GOVERN YOUR ACCESS TO AND USE OF THE HEY42 PLATFORM AND ALL RELATED SERVICES OPERATED BY 42AI, INC. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS-ACTION AND MASS-ARBITRATION WAIVER, AND A 30-DAY OPT-OUT (SECTION 14). THEY ALSO CONTAIN AN AUTOMATIC SUBSCRIPTION CONVERSION (SECTION 6) AND A REVOCABLE 999-YEAR LICENSE STRUCTURE FOR BILLBOARD SLOTS (SECTION 5). BY CLICKING “I AGREE,” CREATING AN ACCOUNT, OR USING THE PLATFORM, YOU ACCEPT THESE TERMS.
In these Terms, the following capitalized terms have the meanings set forth below. Other capitalized terms are defined where they appear.
"42AI" means 42AI, Inc., a Delaware corporation, with its principal office in the State of Delaware.
"Account" means the registered user account You establish to access the Platform.
"Acceptable Use Policy or AUP" means the rules of acceptable conduct posted at hey42.com/aup, as updated from time to time, which are incorporated into these Terms by this reference.
"Billboard" means any physical out-of-home display, digital out-of-home display, virtual web or app-based display, or other surface or rendering operated by 42AI on which Content may be shown.
"Collectible Card" means a transferable, revocable, limited-license digital collectible offered through the Platform, the rights and obligations of which are described in the separate Billboard Collectible Cards Terms.
"Content" means any text, image, video, audio, link, code, design, creative, advertising copy, file, or other material You submit, upload, post, transmit, or otherwise make available through the Platform.
"HEY42" means the consumer-facing brand, marketplace, website, mobile applications, and Platform operated by 42AI under the HEY42 name.
"Platform" means collectively, the HEY42 website, mobile applications, application programming interfaces, software, Billboards (whether physical or digital), Slots, Collectible Cards, and all related services, features, and content offered by 42AI.
"Privacy Policy" means the HEY42 Privacy Policy posted at hey42.com/privacy, as updated from time to time, incorporated into these Terms by this reference.
"Slot" means a transferable, revocable, limited license to display Content in a designated position on a Billboard for a stated maximum term, as further described in Section 5 and the separate Billboard Lease Agreement.
"Subscription" means any recurring fee-based service offered through the Platform, including any service that begins as a one-time fee but converts to a recurring Subscription on a Trigger Event under Section 6.
"Terms" means these Master Terms of Service, together with the Privacy Policy, the AUP, the Billboard Lease Agreement, the Billboard Collectible Cards Terms, the Subscription Agreement, and any other policies posted on the Platform.
"Trigger Event" means any event listed in Section 6.2 of these Terms that triggers conversion of a non-recurring purchase or hold into a recurring annual Subscription.
"User or You" means any individual or entity that accesses or uses the Platform.
You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract under the laws of Your jurisdiction. By accessing or using the Platform, You represent and warrant that You meet these requirements. The Platform is not intended for and does not knowingly collect personal information from any person under the age of 13. If we discover or have reason to believe a User is under 18, we will close the Account, terminate any Slots and Subscriptions, and may delete personal information consistent with the Children's Online Privacy Protection Act (15 U.S.C. §§ 6501-6506).
You agree to provide accurate, current, and complete information during registration and to keep this information up to date. You are responsible for maintaining the confidentiality of Your Account credentials and for all activity that occurs under Your Account. You agree to notify 42AI immediately at security@hey42.com of any unauthorized use of Your Account.
You may not maintain more than one personal Account. Business or organizational entities may register one Account per legal entity. 42AI may, in its sole discretion, suspend or close duplicate Accounts.
You represent and warrant that You are not (a) located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, (b) named on the U.S. Treasury Department's Specially Designated Nationals or Blocked Persons List, the Denied Persons List, the Entity List, or any equivalent list maintained by any government or international authority, or (c) otherwise prohibited by U.S. or applicable law from receiving the services we provide.
By clicking “I Agree,” creating an Account, or otherwise accessing or using the Platform, You agree to be bound by these Terms, the Privacy Policy, the AUP, and any other policies incorporated by reference. If You do not agree, do not access or use the Platform.
42AI may modify these Terms from time to time. We will post the revised Terms on the Platform and update the “Effective Date” at the top. For material changes, we will notify You by email at the address associated with Your Account at least thirty (30) days before the changes take effect, except when shorter notice is required by law or to address a security or legal emergency. Material changes take effect on the date stated in the notice. Your continued use of the Platform on or after the effective date of the modified Terms constitutes Your acceptance of the modified Terms. If You do not agree to a modification, Your sole remedy is to stop using the Platform and close Your Account before the effective date.
These Terms (together with the Privacy Policy, AUP, Billboard Lease Agreement, Subscription Agreement, and Billboard Collectible Cards Terms) form a single integrated agreement. Any product-specific terms, sweepstakes rules, promotional terms, or other agreement between You and 42AI that does not expressly state otherwise is subject to these Terms, including the dispute-resolution provisions in Section 14. Where two or more 42AI agreements address the same subject matter, the more specific document controls; in all other cases, the master Terms of Service govern.
Subject to Your continued compliance with these Terms, 42AI grants You a personal, non-exclusive, non-sublicensable, non-transferable (except as expressly stated in these Terms or the Billboard Lease Agreement), revocable, limited license to access and use the Platform for Your personal, non-commercial purposes or, if You are a business User, for internal business purposes.
You will not, and will not permit any third party to: (a) copy, modify, distribute, sell, lease, or sublicense the Platform; (b) reverse engineer, decompile, or attempt to extract source code from the Platform; (c) use any robot, spider, scraper, or other automated means to access the Platform except as expressly permitted by 42AI in writing; (d) circumvent, disable, or otherwise interfere with security-related features; (e) use the Platform to develop or train any artificial-intelligence model or competing service without 42AI's prior written consent; (f) remove, obscure, or alter any proprietary notice; or (g) use the Platform in any manner that violates these Terms, the AUP, or applicable law.
IMPORTANT NOTICE — LICENSE, NOT PURCHASE. WHEN YOU ACQUIRE A SLOT FROM HEY42, YOU ARE NOT “BUYING” OR “PURCHASING” A GOOD. YOU ARE RECEIVING A TRANSFERABLE, REVOCABLE, LIMITED LICENSE FOR A MAXIMUM TERM OF NINE HUNDRED NINETY-NINE (999) YEARS, SUBJECT TO THESE TERMS AND THE BILLBOARD LEASE AGREEMENT. ACCESS TO YOUR SLOT MAY BE UNILATERALLY REVOKED BY 42AI UNDER THE CIRCUMSTANCES DESCRIBED IN SECTION 8 AND IN THE BILLBOARD LEASE AGREEMENT. NO REFUND IS DUE ON REVOCATION FOR CAUSE. THIS DISCLOSURE IS PROVIDED PURSUANT TO CALIFORNIA BUSINESS AND PROFESSIONS CODE § 17500.6.
A Slot is a transferable, revocable, limited license to display Content in a designated position on a Billboard for a maximum term of nine hundred ninety-nine (999) years from the date of issuance. A Slot is not real property, personal property, an ownership interest, equity, a security, a deed, a title, an estate, or any other form of property right. The phrase “999-year lease” used anywhere on the Platform or in marketing materials is a description of the maximum license duration only and does not confer any property interest, leasehold interest under real-property law, or fee-simple equivalent. 42AI retains all underlying rights in the Platform, the Billboards, the infrastructure, and the intellectual property used to operate them.
By acquiring a Slot, You expressly acknowledge that: (a) You are receiving a license to display Content; (b) the license is subject to the restrictions and conditions set forth in these Terms, the Billboard Lease Agreement, and the AUP; and (c) access to the Slot may be unilaterally revoked by 42AI under Section 8 of these Terms and the corresponding sections of the Billboard Lease Agreement. The complete restrictions and conditions are available at hey42.com/lease.
Slots are transferable and resellable exclusively through the HEY42 marketplace. On each resale, 42AI assesses a Platform Service Fee of up to twenty-five percent (25%) of the gross resale price, as compensation for custody, authentication, fraud prevention, dispute resolution, content moderation infrastructure, blockchain transaction relay (where applicable), tax-reporting infrastructure, and other platform services. The exact applicable fee will be displayed before You confirm any transfer. 42AI may modify the Platform Service Fee prospectively on at least thirty (30) days' notice; existing Slots will be subject to the fee in effect at the time of each resale.
Additional terms governing Slots — including the differences between physical and digital Billboards, blackout windows, scheduling rules, content-format specifications, transfer mechanics, and revocation procedures — are set forth in the Billboard Lease Agreement, which You accept as a condition of acquiring a Slot.
IMPORTANT — EXPRESS AFFIRMATIVE CONSENT TO AUTOMATIC RENEWAL. SECTION 6.2 DESCRIBES EVENTS THAT WILL CONVERT A NON-RECURRING PRODUCT INTO A YEARLY AUTO-RENEWING SUBSCRIPTION. AT THE MOMENT EACH TRIGGER EVENT OCCURS, YOU WILL RECEIVE AN IN-PRODUCT NOTICE GIVING YOU THE OPPORTUNITY TO DECLINE THE CONVERSION. IF YOU CONFIRM, YOU EXPRESSLY CONSENT TO ENROLLMENT IN THE APPLICABLE YEARLY SUBSCRIPTION AND TO AUTOMATIC ANNUAL RENEWAL AT THE THEN-CURRENT PRICE UNTIL YOU CANCEL. YOU MAY CANCEL AT ANY TIME USING THE “CANCEL SUBSCRIPTION” LINK IN YOUR ACCOUNT SETTINGS OR BY EMAILING CANCEL@HEY42.COM. CANCELLATION IS EFFECTIVE IMMEDIATELY. NO TELEPHONE OR PAPER FORM IS REQUIRED. THIS DISCLOSURE IS PROVIDED IN COMPLIANCE WITH CALIFORNIA BUSINESS AND PROFESSIONS CODE §§ 17600–17606, NEW YORK GENERAL BUSINESS LAW § 527-A, COLORADO SB25-145, AND OTHER APPLICABLE STATE AUTOMATIC-RENEWAL LAWS.
HEY42 offers Subscriptions on a yearly recurring basis. The price, billing frequency, included features, and any free-trial or introductory period are disclosed clear-and-conspicuously before You enroll. Free trials, if any, automatically convert to paid Subscriptions unless You cancel before the trial ends; this is itself a form of automatic renewal subject to this Section 6.
The following events (each a “Trigger Event”) will, at the time they occur, prompt an in-product confirmation modal offering You enrollment in a yearly auto-renewing Subscription. Conversion does not occur unless You expressly confirm by clicking the affirmative “Confirm and Enroll” button:
Before any Trigger Event causes Subscription enrollment, 42AI will display an in-product modal disclosing: (i) that the Trigger Event has occurred; (ii) the price and billing frequency of the resulting Subscription; (iii) a clear option to confirm enrollment or to decline; and (iv) a link to these Terms. If You do not affirmatively confirm enrollment, no Subscription will be created and no charge will be made. If You decline, You may continue to use the Slot under the original non-recurring terms, subject to any operational consequences disclosed in the modal.
For each Subscription that auto-renews annually, 42AI will email You a renewal reminder fifteen (15) to thirty (30) days before each annual renewal, disclosing: the product or service to which the Subscription applies, the frequency and amount of the upcoming charge, the date of the next charge, and a direct link to cancel.
42AI may change the price, features, or other material terms of a Subscription. We will provide notice at least seven (7) days, and where required by applicable law not less than thirty (30) days, before any such change takes effect. If You do not agree, You may cancel the Subscription before the change takes effect; if the change is a price increase and You did not affirmatively consent, You may cancel and receive a prorated refund of any unused portion of the prepaid term to the extent required by applicable law (including New York General Business Law § 527-a).
You may cancel any Subscription at any time, immediately, in the same medium in which You enrolled. Online enrollment cancellations are available through the “Cancel Subscription” link in Your Account settings; cancellation takes effect immediately upon submission and 42AI will email a confirmation. We will not require any save-attempt, retention offer, telephone call, paper form, or other step before honoring Your cancellation.
42AI bills Subscriptions through the payment method You designate. By providing payment information, You authorize 42AI and its processors to charge Your payment method for all amounts due. If a charge is declined, we may suspend or terminate Subscription access. You agree to keep payment information current. To dispute a charge, contact us at billing@hey42.com within sixty (60) days of the disputed charge.
42AI retains evidence of Your enrollment consent and Your acceptance of these Terms for at least three (3) years from the date of enrollment, or one (1) year after termination of the Subscription, whichever is longer.
You retain all ownership rights in Your Content. By submitting Content to the Platform — including any image, copy, video, audio, design, or creative submitted for display on a Billboard — You grant 42AI a worldwide, non-exclusive, sublicensable, royalty-free, transferable license to host, store, reproduce, modify (only for technical reformatting, transcoding, scaling, and operational adaptation), adapt, publish, transmit, publicly perform, publicly display, and otherwise use Your Content (a) to provide, promote, and improve the Platform, (b) to display Your Content on physical and digital Billboards as You direct, (c) to comply with legal process, governmental demand, or law-enforcement request, and (d) for any other purpose reasonably related to operating the Platform. This license survives termination as to Content already displayed or archived in our systems.
You represent and warrant that: (a) You own all rights in Your Content or have all necessary licenses, permissions, and consents to grant the license in Section 7.1; (b) Your Content does not infringe any third-party copyright, trademark, patent, trade secret, right of publicity, right of privacy, or other right; (c) Your Content is not defamatory, fraudulent, deceptive, false, or misleading; (d) Your Content does not violate any law, regulation, or court order; and (e) Your Content complies with the AUP, the Federal Highway Beautification Act (23 U.S.C. § 131), and all applicable state and local outdoor-advertising laws and zoning rules for the relevant Billboard.
Your use of the Platform must comply with the AUP, which lists the categories of prohibited Content and conduct. The AUP is incorporated into these Terms by this reference. Without limiting the AUP, You will not post Content that is hateful, harassing, threatening, inflammatory, sexually explicit, obscene, exploitative of minors, fraudulent, defamatory, infringing, or otherwise unlawful, or that incites violence.
If You believe Content on the Platform infringes Your copyright, send a notice complying with 17 U.S.C. § 512(c)(3) to our designated DMCA agent at:
DMCA Agent, 42AI, Inc.
Email: dmca@hey42.com
Mailing address: As listed in the U.S. Copyright Office's DMCA Designated Agent Directory at copyright.gov/dmca-directory.
If we receive a valid DMCA notice, we will respond expeditiously, may remove or disable access to the Content, and will follow the counter-notification procedures of 17 U.S.C. § 512(g). 42AI maintains and reasonably implements a policy to terminate the Accounts of repeat infringers.
42AI reserves the editorial right, in its sole discretion and without notice, to refuse, remove, hide, downrank, decline to publish, or revoke any Content, any Slot (including any 999-year license), any Collectible Card, any Subscription, and any User's Account or right to use the Platform, for any or no reason, including: (a) violation of these Terms, the AUP, or applicable law; (b) Content we determine in good faith to be hateful, harassing, threatening, inflammatory, sexually exploitative, obscene, fraudulent, defamatory, or unlawful; (c) malicious activity directed at the Platform or other Users; or (d) conduct that we determine in good faith threatens the integrity, safety, legality, or reputation of the Platform. Nothing in these Terms creates any duty on 42AI to monitor, screen, or pre-approve Content, and 42AI exercises editorial discretion as a constitutionally protected First Amendment right.
Where 42AI in its judgment considers it appropriate, we will provide notice and an opportunity to cure before suspension or revocation. We are not required to do so, however, and may take immediate action where: (i) the Content or conduct presents an immediate risk of harm to any person, the Platform, or third parties; (ii) the Content is illegal; (iii) law-enforcement, court, or governmental order requires action; or (iv) repeated violations make further notice futile.
Upon revocation of a Slot, Collectible Card, or Account: (a) Your license terminates immediately; (b) all related fees are forfeited and non-refundable; (c) You have no right to compensation, damages, or replacement; and (d) You acknowledge that the revocation right is a material part of the consideration for 42AI providing the Platform and that, but for that right, 42AI would not provide the Platform. The provisions of this Section 8 survive termination.
42AI is an interactive computer service provider as defined in 47 U.S.C. § 230 with respect to the digital components of the Platform, and exercises Good Samaritan content-moderation rights under § 230(c)(2). Section 230 does not apply to the physical-billboard components of the Platform; for such components, 42AI exercises traditional publisher discretion.
All fees, including Slot acquisition fees, Subscription fees, the Platform Service Fee on resales, and any other charges, are stated on the Platform before You commit. All amounts are in U.S. Dollars unless stated otherwise.
ALL FEES PAID FOR SLOTS, COLLECTIBLE CARDS, SUBSCRIPTIONS, AND PLATFORM SERVICES ARE FINAL AND NON-REFUNDABLE EXCEPT (I) AS REQUIRED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION CALIFORNIA CIVIL CODE § 1723 AND NEW YORK GENERAL BUSINESS LAW § 527-A; (II) WHERE 42AI IN ITS SOLE DISCRETION ELECTS TO ISSUE A REFUND; OR (III) AS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND 42AI. THIS NON-REFUND POLICY IS DISCLOSED CONSPICUOUSLY HERE AND AT THE POINT OF EVERY PAID TRANSACTION.
You are solely responsible for all federal, state, local, and foreign taxes arising from Your use of the Platform, Your acquisition or sale of Slots and Collectible Cards, and Your earnings, including income tax, sales tax, use tax, value-added tax, and any required tax filings. 42AI may collect and remit applicable sales, use, or marketplace facilitator taxes where required by law. If You sell on the Platform, 42AI may issue You a Form 1099-K when Your transactions meet federal thresholds (currently more than $20,000 in payments and more than 200 transactions for tax year 2025 forward) or applicable lower state thresholds. You will provide Form W-9 (or W-8BEN, if applicable) information when requested and acknowledge that 42AI may apply backup withholding under 26 U.S.C. § 3406 if You fail to provide a valid taxpayer identification number.
If You are an EU consumer, You ordinarily have a 14-day right of withdrawal under the Consumer Rights Directive 2011/83/EU. By clicking “Begin Now” or any equivalent acceptance for a digital product (including a Slot, Collectible Card, or digital Subscription), You expressly request immediate access and acknowledge that You lose Your right of withdrawal upon the start of performance, in accordance with Article 16(m) of the Directive.
All right, title, and interest in and to the Platform — including its look and feel, text, graphics, logos, button icons, page headers, software code, design elements, the HEY42 and 42AI trademarks, service marks, and trade dress, and the selection, arrangement, and presentation of all such materials — are and will remain the exclusive property of 42AI, Inc. and its licensors. “HEY42,” “42AI,” the HEY42 logo, and the 42AI logo are trademarks of 42AI, Inc. All rights not expressly granted to You by these Terms are reserved by 42AI.
If You provide feedback, suggestions, or ideas about the Platform, You assign such feedback to 42AI and waive any moral rights to be identified or to object to derogatory treatment, to the extent permitted by law. 42AI may use such feedback for any purpose without compensation, attribution, or further obligation.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE PLATFORM, THE BILLBOARDS, THE SLOTS, THE COLLECTIBLE CARDS, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” 42AI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. 42AI DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT BILLBOARDS WILL BE OPERATIONAL AT ANY GIVEN TIME, NOR THAT BLOCKCHAIN NETWORKS, IF USED, WILL BE AVAILABLE OR ACCURATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 42AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 42AI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL 42AI'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO 42AI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
The limitations in this Section 12 do not apply to: (i) liability for death or personal injury caused by the negligence of 42AI; (ii) liability for fraud or fraudulent misrepresentation; (iii) liability for gross negligence or willful misconduct; (iv) any matter for which California Civil Code § 1668 prohibits exculpation; or (v) any other liability that cannot be excluded or limited by applicable law. If You reside in a jurisdiction that does not allow the limitation of liability for negligence or consequential damages, the limitations above will apply only to the extent permitted in that jurisdiction.
You agree to indemnify, defend, and hold harmless 42AI, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any claims, demands, actions, proceedings, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) Your Content, including any claim that Your Content infringes any third-party intellectual property right, right of publicity, or right of privacy, or is defamatory, fraudulent, or unlawful; (b) Your use or misuse of the Platform; (c) Your violation of these Terms, the AUP, the Billboard Lease Agreement, the Subscription Agreement, the Billboard Collectible Cards Terms, or any applicable law; (d) Your violation of any third-party right; (e) any tax obligation of Yours, including any failure to provide a valid taxpayer identification number; and (f) any dispute between You and another User. 42AI may, at its option, assume the exclusive defense and control of any matter for which You are required to indemnify, in which case You will cooperate fully with 42AI's defense.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND 42AI TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND CONTAINS A WAIVER OF YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL. YOU MAY OPT OUT WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS (SECTION 14.4).
Before initiating any arbitration or court proceeding (other than as expressly permitted in Section 14.7), the party with the dispute must send a written notice describing the nature and basis of the dispute and the relief sought to legal@hey42.com (for disputes against 42AI) or to the email address on Your Account (for disputes against You). The parties will attempt in good faith to resolve the dispute within sixty (60) days after the notice is sent. Sending such a notice and engaging in good-faith resolution are conditions precedent to filing arbitration.
Any dispute, claim, or controversy arising out of or related to these Terms or the Platform that is not resolved under Section 14.1 (each, a “Dispute”) will be resolved exclusively by individual binding arbitration. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (for claims under $250,000) or its Comprehensive Arbitration Rules and Procedures (for claims of $250,000 or more), in each case as in effect when the demand is filed. If JAMS will not administer, the arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and Mass Arbitration Supplementary Rules then in effect. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs this Section 14.
The arbitrator has exclusive authority to resolve any Dispute, including any threshold question of arbitrability, the formation, scope, validity, or enforceability of this Section 14, and the interpretation of any term other than the Class Waiver in Section 14.5. The validity and enforceability of the Class Waiver is for a court (not the arbitrator) to decide.
You may opt out of this Section 14 by emailing arbitration-optout@hey42.com within thirty (30) days after first accepting these Terms. Your email must include Your full name, address, email address associated with Your Account, and a clear statement that You opt out of arbitration. Opt-out applies only to Section 14; the rest of these Terms remain binding.
YOU AND 42AI AGREE THAT ANY ARBITRATION OR LAWSUIT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY SERVE AS A REPRESENTATIVE OR CLASS MEMBER IN ANY PROPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND NEITHER PARTY MAY CONSOLIDATE CLAIMS WITH THOSE OF ANY OTHER PERSON, EXCEPT AS PROVIDED IN THE MASS-ARBITRATION BATCHING PROTOCOL IN SECTION 14.6. The parties expressly waive any right to a jury trial. If this Section 14.5 is found unenforceable as to any claim or remedy, that claim or remedy must be brought in a court of competent jurisdiction, but the rest of Section 14 will remain in force as to all other claims.
If twenty-five (25) or more arbitration demands of substantially similar nature are filed against 42AI by or with the assistance of the same law firm, group of firms, or coordinated organizations within a thirty (30) day period, then all such demands will be subject to the following batching protocol: (a) the demands will be administered in batches of no more than fifty (50) demands each; (b) each batch will be heard sequentially by a single arbitrator; (c) statutes of limitations are tolled for claimants in batches not yet heard; (d) no claimant is bound by the outcome of any other batch's proceeding, and no batch decision has precedential effect; (e) the parties will negotiate in good faith global mediation between batches; and (f) claimant counsel will provide an attestation, upon filing, that each individual claim has been investigated, that the claimant has authorized the filing, and that the claimant satisfies the requirements of the JAMS or AAA rules. The parties intend this protocol to operate under — and to be enforceable in the same manner as — the consumer-friendly batching procedures upheld in cases including Kohler v. Whaleco, No. 24-CV-00935 (S.D. Cal. Nov. 25, 2024), and Jones v. Starz Entertainment, No. 24-1645 (9th Cir. Feb. 28, 2025).
Notwithstanding Section 14.2, either party may bring an individual action in small-claims court for any Dispute that qualifies, and either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual-property rights or to enforce confidentiality obligations. Filing in small-claims court does not waive the right to arbitrate other claims.
42AI will pay all JAMS or AAA filing and administrative fees for individual arbitrations of claims under $10,000, except where the arbitrator finds the claim was filed for an improper purpose. The parties otherwise bear their own attorneys' fees and costs except as the arbitrator may award under applicable law.
Except to the limited extent necessary to enforce an award or as required by law, all aspects of any arbitration are confidential.
This Section 14 survives termination of these Terms.
These Terms are governed by and construed under the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 14. The parties consent to the exclusive personal jurisdiction of the state and federal courts located in New Castle County, Delaware for any non-arbitrable Dispute. Nothing in this Section 15 deprives any consumer User of the protection of any non-waivable consumer-protection statute of the consumer's state of residence (including the California Consumer Legal Remedies Act, the California Automatic Renewal Law, and the New York General Business Law); to the extent any such statute provides protection greater than that under Delaware law, the consumer User retains that protection.
You may close Your Account at any time using the “Close Account” function in Your settings or by emailing close-account@hey42.com. Closing Your Account does not waive any prior obligations, including Subscription cancellation, fees due, or any obligations under these Terms that survive termination.
42AI may suspend or terminate Your Account at any time, with or without cause, with or without notice, including under Section 8.1.
Upon termination, Your right to use the Platform ends immediately. Sections that by their nature should survive termination will survive, including: Sections 1, 4.2, 5.1, 5.2, 7.1 (last sentence), 8.3, 9, 10, 11, 12, 13, 14, 15, 16.3, and 17.
Neither party will be liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disputes, internet, utility, blockchain or telecommunications failures, supply-chain disruption, public-health emergency, pandemic, fire, flood, earthquake, or wildfire. The affected party will use commercially reasonable efforts to resume performance.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be reformed to the minimum extent necessary to render it valid and enforceable.
No failure or delay by 42AI in enforcing any provision will operate as a waiver of that provision.
These Terms, the Privacy Policy, the AUP, the Billboard Lease Agreement, the Subscription Agreement, the Billboard Collectible Cards Terms, and any other policies posted on the Platform constitute the entire agreement between You and 42AI and supersede all prior agreements.
You may not assign these Terms or any rights or obligations under them without 42AI's prior written consent. 42AI may assign these Terms freely, including to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.
42AI may give You notice by email to the address on Your Account or by posting on the Platform. You must give 42AI notice in writing to legal@hey42.com or to 42AI, Inc., Legal Department, at the address on the Platform's contact page. Notices are effective on receipt or, for email, on the date sent absent bounce-back.
You consent to receive all communications, agreements, disclosures, notices, and records electronically under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), the Uniform Electronic Transactions Act, and the New York Electronic Signatures and Records Act. You may withdraw consent only by closing Your Account; we cannot continue providing the Platform if You withdraw consent to electronic communications.
Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between You and 42AI.
Headings are for convenience only and do not affect interpretation.
42AI, Inc. — Legal Department
Email: legal@hey42.com · Website: hey42.com · Delaware, U.S.A.
© 2026 42AI, Inc. All rights reserved. HEY42 and 42AI are trademarks of 42AI, Inc.
Yearly Auto-Renewing Subscriptions — Trigger-Based Conversion. Effective May 7, 2026 · Version 1.0 · 42AI, Inc., a Delaware corporation.
THIS SUBSCRIPTION AGREEMENT GOVERNS HOW HEY42 ENROLLS YOU IN A YEARLY AUTO-RENEWING SUBSCRIPTION WHEN A TRIGGER EVENT OCCURS. IT IS PART OF THE HEY42 MASTER TERMS OF SERVICE. PLEASE READ IT CAREFULLY — ESPECIALLY THE TRIGGER EVENTS IN SECTION 3 AND THE CANCELLATION RIGHTS IN SECTION 7. THIS AGREEMENT IS DESIGNED TO COMPLY WITH CALIFORNIA BUSINESS AND PROFESSIONS CODE §§ 17600–17606 (AS AMENDED BY AB 2863), NEW YORK GENERAL BUSINESS LAW § 527-A, COLORADO SB25-145, FEDERAL ROSCA (15 U.S.C. § 8403), AND OTHER STATE AUTOMATIC-RENEWAL LAWS.
"Agreement" means this HEY42 Subscription Agreement, together with the Master Terms of Service, the Privacy Policy, the AUP, the Billboard Lease Agreement, and the Billboard Collectible Cards Terms.
"Cancellation Mechanism" means the same-medium, immediate-effect cancellation method described in Section 7 — specifically a one-click “Cancel Subscription” link in Your Account settings, plus an email cancellation address (cancel@hey42.com).
"Renewal Date" means the anniversary of the date on which Your yearly Subscription was first established, on which the next annual charge is to be made unless You have cancelled.
"Subscription" means a yearly recurring fee-based service offered through the Platform, including any service that begins as a one-time fee, free trial, or non-recurring product but converts to a recurring annual Subscription on a Trigger Event under Section 3.
"Trigger Event" means any event listed in Section 3 that triggers a conversion of a non-recurring product or hold into an annual recurring Subscription.
You will not be enrolled in any Subscription without first providing Your express affirmative consent to (a) the Subscription's auto-renewal feature, (b) the price and frequency of charges, and (c) the cancellation procedure. Such consent is collected at the moment of enrollment via a separate, non-pre-checked checkbox or equivalent unambiguous affirmative action, distinct from any other terms-and-conditions checkbox. The consent disclosure is presented clear-and-conspicuously in visual proximity to the consent button, in language a reasonable consumer can understand. We retain evidence of Your consent for at least three (3) years from the date of enrollment, or one (1) year after termination of the Subscription, whichever is longer.
THE FOLLOWING EVENTS WILL CAUSE 42AI TO PRESENT YOU AN IN-PRODUCT CONVERSION MODAL OFFERING ENROLLMENT IN A YEARLY AUTO-RENEWING SUBSCRIPTION. CONVERSION DOES NOT OCCUR UNLESS YOU EXPRESSLY CONFIRM BY CLICKING THE AFFIRMATIVE “CONFIRM AND ENROLL” BUTTON. CLOSING THE MODAL, REMAINING IDLE, OR CLICKING THE “DO NOT CONVERT” BUTTON WILL NOT ENROLL YOU.
3.1 Trigger Event A — Slot State Change. Any state change of a Slot You hold, including but not limited to: pause, un-pause, lease, sub-lease, listing for sale, withdrawal from sale, transfer initiation, blackout-window scheduling, expiration of a temporary state, or transition between any defined Slot states (e.g., “live,” “paused,” “listed,” “archived”).
3.2 Trigger Event B — 24-Hour Content Hold. Content held on a Slot for more than twenty-four (24) consecutive hours after the Slot's initial display window has begun, or in any case where 42AI's operational rules require an active Subscription to maintain such hold.
3.3 Other Trigger Events. Any other event that 42AI designates in writing as a Trigger Event, with not less than thirty (30) days' prior notice posted on the Platform and emailed to affected Users. Such designations cannot apply retroactively.
The conversion modal will disclose, clear-and-conspicuously and in visual proximity to the affirmative button:
For each yearly Subscription You join, 42AI will email You a renewal reminder fifteen (15) to thirty (30) days before each Renewal Date, disclosing: (a) the product or service to which the Subscription applies; (b) the upcoming renewal amount and date; (c) any change in price or material terms applicable to the upcoming term; and (d) a direct link to the Cancellation Mechanism. The reminder constitutes the annual notice required by Cal. Bus. & Prof. Code § 17602(b) and the renewal-notice requirements of N.Y. GBL § 527-a(1)(b)(i) for terms of one year or more.
If 42AI proposes a material change to a Subscription — including a price increase, a change in billing frequency, or a material reduction in features — we will provide notice at least seven (7) days before the change takes effect (and not less than thirty (30) days where applicable law requires). The notice will state the prior amount, the new amount or term, and the cancellation procedure. If You do not affirmatively consent and do not cancel before the change takes effect, the change does not bind You; for price increases that take effect without Your consent, You may, after such change, cancel the Subscription and receive a prorated refund of any unused portion of the prepaid term to the extent required by N.Y. GBL § 527-a or other applicable law.
7.1 How to Cancel. You may cancel any Subscription at any time, immediately, in the same medium in which You enrolled:
7.2 No Save Attempts or Friction. We will not require any save attempt, retention offer, customer-service transfer, paper form, mail, in-person visit, or other step before honoring Your cancellation. We will not impose a delay between Your cancellation request and effective cancellation.
7.3 Effect of Cancellation. Cancellation prevents future renewals. It does not entitle You to a refund of fees already paid for the current term except as expressly stated in this Agreement, the Master Terms of Service, or applicable law. If You cancel before a Renewal Date, the Subscription terminates at the end of the current paid term unless You also request immediate termination (in which case the Subscription terminates immediately and any prepaid amount is forfeited unless applicable law requires a prorated refund).
By providing payment information, You authorize 42AI and our payment processors to charge Your designated payment method for the Subscription, plus all applicable taxes, on the enrollment date and on each Renewal Date until You cancel. If a charge is declined, we may suspend or terminate Subscription access; we may attempt re-authorization for up to thirty (30) days before final cancellation. You agree to keep payment information current. To dispute a charge, contact billing@hey42.com within sixty (60) days of the disputed charge; we will investigate and respond promptly.
Where 42AI offers a free trial or introductory price, You will be informed clear-and-conspicuously of: (a) the duration of the trial or introductory period; (b) the regular price that will apply at the end of the trial; and (c) Your right to cancel before the trial ends to avoid charges. Free trials automatically convert to paid yearly Subscriptions on the date the trial ends unless You cancel; this conversion is itself a renewal subject to this Agreement.
Subscription fees are non-refundable except: (i) as required by applicable law (including Cal. Civ. Code § 1723 and N.Y. GBL § 527-a's prorated-refund right after non-consented price increases); (ii) where 42AI in its sole discretion elects to issue a refund; (iii) where applicable law affords a cooling-off right that has not been waived by Your express request for immediate performance; or (iv) where 42AI cancels Your Subscription for convenience without cause, in which case 42AI will refund the unused portion of the current paid term. Refunds, when issued, will be returned to Your original payment method within ten (10) business days.
42AI retains evidence of Your consent to enrollment, including the time, IP address, and consent disclosure presented, for at least three (3) years from the date of enrollment, or one (1) year after termination of the Subscription, whichever is longer, in accordance with Cal. Bus. & Prof. Code § 17602.
Any Dispute arising from this Agreement is governed by Section 14 of the Master Terms of Service (binding individual arbitration with class-action waiver, mass-arbitration batching protocol, and 30-day opt-out) and Section 15 (Delaware governing law, with consumer-protection statute carve-out for the consumer's home state).
This Agreement supplements, and is incorporated into, the Master Terms of Service. In the event of any conflict between this Agreement and the Master Terms of Service, this Agreement controls as to Subscription, billing, and cancellation matters. Sections 1, 7, 10, 11, 12, and this Section 13 survive termination.
© 2026 42AI, Inc. All rights reserved.
Conspicuous Pre-Purchase Disclosure. Effective May 7, 2026 · Version 1.0 · 42AI, Inc., a Delaware corporation.
THIS NOTICE IS PROVIDED CONSPICUOUSLY BEFORE EVERY PURCHASE ON THE HEY42 PLATFORM AND IS REPEATED IN THE HEY42 MASTER TERMS OF SERVICE (§ 9.2), THE BILLBOARD LEASE AGREEMENT, THE SUBSCRIPTION AGREEMENT (§ 10), AND THE BILLBOARD COLLECTIBLE CARDS TERMS. BY COMPLETING ANY PAID TRANSACTION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THIS NOTICE.
ALL FEES PAID TO 42AI ARE FINAL AND NON-REFUNDABLE. THIS INCLUDES, WITHOUT LIMITATION: (A) BILLBOARD SLOT ACQUISITION FEES (PHYSICAL AND DIGITAL); (B) SUBSCRIPTION FEES, INCLUDING FEES FROM YEARLY AUTO-RENEWING SUBSCRIPTIONS TRIGGERED BY A STATE CHANGE OR 24-HOUR CONTENT HOLD; (C) PLATFORM SERVICE FEES (UP TO 25% ON RESALES); (D) BILLBOARD COLLECTIBLE CARD ACQUISITION FEES; (E) DESIGN, RENDERING, OR CREATIVE-SERVICES FEES; (F) BLOCKCHAIN NETWORK (GAS) FEES PAID TO THIRD PARTIES; AND (G) ANY OTHER FEE PAID FOR PLATFORM ACCESS OR FEATURES.
This non-refund policy does not waive any non-waivable rights You have under applicable law. The following statutory exceptions apply:
2.1 California Civil Code § 1723. California consumers are entitled to the refund rights stated by Cal. Civ. Code § 1723, to the extent applicable to Your transaction.
2.2 California Bus. & Prof. Code §§ 17600–17606 (Automatic Renewal Law). California consumers may receive an “unconditional gift” remedy under § 17603 if 42AI fails to comply with the affirmative-consent, disclosure, or cancellation-mechanism requirements of the ARL. We design our enrollment and cancellation flows to comply, but if You believe a violation has occurred, contact billing@hey42.com.
2.3 New York General Business Law § 527-a. New York consumers may receive a prorated refund of any unused portion of a prepaid term if 42AI imposes a price increase on Your auto-renewing Subscription without first obtaining Your affirmative consent.
2.4 EU 14-Day Right of Withdrawal. If You are an EU consumer, the Consumer Rights Directive (2011/83/EU) ordinarily provides a 14-day right of withdrawal for distance-purchased goods and services. By clicking “Begin Now,” “Confirm Order,” or any equivalent acceptance for a digital product (Slot, Collectible Card, or digital Subscription), You expressly request immediate access and acknowledge that You lose the right of withdrawal upon the start of performance under Article 16(m). For non-digital purchases (e.g., paid creative services not yet performed), the 14-day right remains available; email withdraw@hey42.com to exercise.
2.5 Other Mandatory Refund Rights. Where applicable law in Your state of residence requires a refund, that law controls. We will not enforce a non-refund clause to the extent it is unenforceable in Your jurisdiction.
In addition to the above statutory exceptions, 42AI may, in its sole discretion, issue a refund or credit for individual transactions. We typically consider discretionary refunds in cases of: documented platform failures that prevented use; duplicate billings caused by 42AI error; or unauthorized charges to Your payment method. Discretionary-refund decisions are case-by-case and do not establish a course of dealing or any obligation to issue future refunds.
If 42AI revokes Your Slot, Subscription, Collectible Card, or Account for cause (including violation of the AUP, material breach, fraud, or any other ground listed in Section 8 of the Master Terms of Service or Section 7 of the Billboard Collectible Cards Terms), all prepaid fees are forfeited. No refund will be issued.
If 42AI revokes a Slot or terminates a Subscription for convenience (i.e., not for any cause listed in Section 8 of the Master Terms of Service), 42AI will, at its option, (a) substitute a comparable Slot or Subscription, or (b) refund the unused, prepaid portion of the current term on a pro-rata basis. The choice is 42AI's. Refunds will be returned to the original payment method within ten (10) business days.
If You believe a charge is unauthorized or in error, contact us at billing@hey42.com within sixty (60) days of the disputed charge. We will investigate and respond promptly. Filing a chargeback with Your payment-card issuer instead of contacting us first may result in: (a) immediate suspension or termination of Your Account; (b) revocation of Your Slots, Cards, and Subscriptions for non-payment under Section 8.1(c) of the Master Terms of Service; and (c) collection action and reporting to credit bureaus where permitted by law. Where 42AI prevails on a chargeback dispute, You are responsible for any chargeback fees imposed by Your issuer.
This Notice is displayed conspicuously: (a) on the checkout page for every paid transaction; (b) in the email confirmation of every paid transaction; (c) in Your Account billing settings; (d) in the Subscription enrollment modal; and (e) at hey42.com/refunds. By confirming any paid transaction, You confirm You have read this Notice and accept its terms.
Disputes regarding refunds are governed by the dispute-resolution and governing-law provisions of the Master Terms of Service (Sections 14 and 15).
Refund inquiries: billing@hey42.com · Cancellation requests: cancel@hey42.com · General: support@hey42.com
© 2026 42AI, Inc. All rights reserved. HEY42 and 42AI are trademarks of 42AI, Inc.