1 Who we are and when these Terms apply
These Terms govern access to the Fortytwo API and its associated developer console, playground, documentation, and tools that refer to these Terms (the “Services”). The Services are provided by Fortytwo MENA Limited, incorporated in Abu Dhabi Global Market, Abu Dhabi, United Arab Emirates, with registration number 36387 and registered address DD-14-117-013, Floor 14, Al Khatem Tower, WeWork Hub71, ADGM Square, Al Maryah Island, Abu Dhabi, United Arab Emirates (“Fortytwo”, “we”, “us”). You enter into these Terms when you accept them through our registration or checkout process or enter into an order that incorporates them. You may use the Services as an individual or on behalf of a business. If you act for an organisation, you confirm that you have authority to bind it, and “you” means that organisation. You must be at least 18 and have the legal capacity to enter into this agreement. You are a “Consumer” where you use the Services wholly or mainly outside your trade, business, craft, or profession, or otherwise qualify as a consumer under applicable law. Other customers are “Business Customers”. Self-service registration does not determine whether you are a Consumer or a Business Customer. Nothing in these Terms removes rights that applicable law does not allow you to waive. If you access Fortytwo through OpenRouter or another aggregator, marketplace, router, or third-party application (a “Router”), your account, purchase, and payment arrangements are ordinarily with that Router. Our agreement with the Router governs our provision of inference to it. You may be required to comply with model or acceptable-use restrictions that the Router validly incorporates into its own terms; that incorporation does not by itself create a direct Fortytwo account or make our direct-payment provisions apply to your Router purchases. These Terms form a direct agreement with you if you separately accept them for access to Fortytwo. If you use a direct Fortytwo account or API key, these Terms govern that direct use. Our Privacy Policy explains our handling of data received through either route. An order or separate agreement accepted by both parties overrides these Terms only for the matters it expressly addresses. A data processing addendum and applicable mandatory data transfer terms take priority for their subject matter. The Privacy Policy is a notice explaining data processing; acknowledging it is not blanket consent to optional processing. The documentation, model catalogue, and pricing page published on our website form part of these Terms for the matters they describe. If they conflict with these Terms, these Terms prevail, except that Model Terms govern rights in the relevant third-party model. Changes to those documents follow Section 10.2 Access and accounts
Subject to these Terms, we allow you to access the Services for personal or business purposes, including incorporating API functionality into your applications and making those applications available to end users. You may use software agents and other automated clients through the documented API. This permission lasts while your account and access remain valid. Provide accurate account and billing information, keep it current, and protect credentials and API keys. Use access controls appropriate to your application and promptly revoke compromised keys. Notify us promptly of suspected unauthorised access. You are responsible for use you authorise and for losses caused by your failure to take reasonable care of your credentials; this does not make you responsible for losses caused by our breach or override statutory protections for unauthorised payments. If you manage an organisation account, you control its authorised users and permissions. Administrators may access account information and any content made available through the account’s documented features. You must inform users of relevant access arrangements. A person’s email domain alone does not authorise us to transfer their personal account to an organisation. If you supply an application to end users, provide appropriate terms, privacy information, disclosures about AI, and safeguards for its intended use. Take reasonable steps to prevent misuse and ensure uses under your control comply with these Terms and applicable model restrictions. Your end users do not become parties to these Terms merely by using your application. You may not sell or transfer a Fortytwo account or API key, or offer standalone access to our API as a router or reseller, without our written authorisation. This does not prevent charging for your own application or services that incorporate the API. Approved distribution through Routers is governed by the relevant distribution agreement. We may set, and change with reasonable notice where practicable, rate limits, token quotas, concurrency limits, context and output limits, and model-specific restrictions described in the documentation. We may temporarily throttle or queue requests to protect service stability or fairness between customers. Limits are not a service-level commitment, and changes to them are not a material adverse change under Section 10 unless they make an agreed use of the Services impracticable.3 Models and inference
The Services provide inference using models identified in our model catalogue, including selected third-party open-weight models and any Fortytwo models that we release. Available models, versions, capabilities, limitations, context windows, and supported parameters are described in the documentation. A model or feature mentioned in a roadmap is available only when we actually make it available to you. We operate our own inference technology. Depending on the endpoint, processing may include inference upsampling, swarm inference, swarm decoding, speculative decoding, multiple candidate responses, ranking, aggregation, or other documented optimisation methods. The endpoint description will identify whether it serves a particular model or a composite Fortytwo service and material documented differences from standard model behaviour. These techniques do not guarantee identical results to another implementation or eliminate errors or prompt injection risks. Each third-party model remains subject to the licence and use restrictions applicable to its particular version (“Model Terms”). We will identify and link the applicable Model Terms in the catalogue before you select that model. You must comply with restrictions that apply to your use of the model and its outputs. Open-weight availability does not mean every model has the same licence or permits every use. Model Terms govern rights in the relevant third-party model; they do not expand our rights to use your content or reduce our data protection commitments. We remain responsible for our own obligations as a hosting and inference provider. AI-generated results can be inaccurate, incomplete, misleading, biased, offensive, or unsuitable for a particular purpose. Similar or identical results may be generated for different customers. Evaluate outputs before using or publishing them, including through appropriate human review, factual verification, and testing of generated code. Outputs are not professional advice or a guarantee of any outcome. You control any tools or systems to which your application gives an AI model access. Each party is responsible for legal obligations that apply to its actual activities, including under applicable AI laws. These Terms do not reassign statutory roles or exempt Fortytwo from obligations arising from its own models, modifications, or services.4 Acceptable use
Use the Services lawfully and respect the rights and safety of others. You must not use the Services to:- Facilitate fraud, unlawful discrimination, exploitation, trafficking, terrorism, or violence, or create or distribute child sexual abuse material or non-consensual intimate imagery.
- Develop or facilitate biological, chemical, nuclear, or other weapons of mass destruction, or operate a system in which a failure is reasonably likely to cause death or serious injury without separately agreed safeguards and authorisation.
- Conduct unauthorised intrusion, deploy malware, steal credentials, or compromise systems or data. Lawful defensive security work within an authorised scope is not prohibited merely because it concerns cybersecurity.
- Infringe intellectual property, privacy, confidentiality, or other rights; unlawfully disclose personal information; impersonate others deceptively; or send unlawful spam.
- Identify individuals through biometric or facial recognition without their consent, create deceptive synthetic media of real people, generate coordinated disinformation at scale, or circumvent a model provider’s usage policy where the applicable Model Terms make it binding on you.
- Evade payment, account restrictions, sanctions controls, rate limits, or other technical safeguards; obtain repeated promotional benefits through deceptive accounts; or knowingly disrupt the Services or other customers.
- Access non-public systems or another customer’s data without permission, or reverse engineer or extract our proprietary software, model weights, or trade secrets, except where applicable law or an applicable open-source licence permits it.