Terms and Conditions

Product: Checked It Operator: Hiaitus Pty Ltd (ABN 54 689 502 832) Domain: www.checkedit.ai Last updated: 25th May 2026

1. Definitions and interpretation

In these Terms:

Checked It, Service, Platform means the Software-as-a-Service product operated by Hiaitus Pty Ltd at www.checkedit.ai, including all features, reports, dashboards, integrations and supporting materials.
Hiaitus , we, us, our means Hiaitus Pty Ltd (ABN 54 689 502 832), a company incorporated in Australia with its registered office in New South Wales.
You, your, Customer means the individual or organisation that accesses or uses the Service, whether on a subscription or report-package basis.
Account means the user account through which you access the Service, including any administrator and team-member seats.
User Content means all creative, marketing, advertising, copy, image, video, audio, briefing or other content that you or any of your users upload, submit, paste, link or otherwise transmit to the Service.
Outputs means the reports, scores, flags, recommendations, citations and other analytical content generated by the Service in response to User Content.
Fair Use Policy means the Checked It Fair Use Policy published at [insert URL] and incorporated into these Terms.
Privacy and Data Policy means the Hiaitus Privacy and Data Policy published at [insert URL] and incorporated into these Terms.
ACL means the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
Subscription Plan means the recurring-fee plan you select (for example, Professional monthly or Professional annual).
Report Package means the pre-paid block of reports (5-pack, 10-pack or 25-pack) you purchase on a one-off basis.

Headings are for convenience only and do not affect interpretation. References to clauses are references to clauses of these Terms unless otherwise stated.

2. Acceptance of these Terms

By creating an Account, or by accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by:

these Terms;
the Checked It Fair Use Policy; and
the Hiaitus AI Privacy and Data Policy.

If you are accepting these Terms on behalf of an organisation, you warrant that you have authority to bind that organisation, and "you" refers to that organisation.

3. The Service and critical disclaimers

3.1 Nature of the Service

Checked It is a preliminary, AI-assisted, pre-screening tool that performs rapid compliance analysis of creative and marketing content against Australian advertising codes and regulatory frameworks. The Service produces automated reports based on the data, prompts, regulatory knowledge base and AI models available at the time of processing.

The Service is not a legal advice service, a regulator, an advertising code body, an insurer, or a substitute for any of these.

3.2 Absolute limitation of reliance and mandatory human review

The Outputs are intended for informational and preliminary assessment purposes only. You acknowledge and agree that:

Outputs are not formal approval or legal advice. Outputs do not constitute, and must not be relied on as, formal approval, regulatory clearance, legal advice, financial advice, or professional advice of any kind.
Human review is mandatory. Human oversight and review of the creative content is mandatory and non-negotiable before you take any final decision, action, or dissemination based on the Service's analysis.
Non-reliance. You must not rely solely on the Service's Outputs for critical business, legal, or regulatory decisions. You bear sole responsibility for determining the compliance, legality, accuracy, and suitability of all content uploaded to and analysed by the Service.
Potential for errors. While Hiaitus strives for rigour and reliability, the Service may produce errors, inaccuracies, incomplete data, or results that are not current due to the rapid evolution of technology and regulatory guidelines. Subject to clause 5 and the ACL, HiaitusAI assumes no liability for any errors or omissions in the Service's Outputs.

This clause 3.2 is a fundamental basis on which we provide the Service. If you do not accept it, you must not use the Service.

4. Your right to use the Service

Subject to your compliance with these Terms, Hiaitus grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business purposes during the term of your Subscription Plan or while you hold unused, in-date credits on a Report Package.

The right granted in this clause does not include the right to:

resell, rent, lease, or commercially redistribute access to the Service;
extract, scrape, mirror, or reverse-engineer the Service, its prompts, its regulatory knowledge base, or its AI models;
use the Service to develop, train, fine-tune, benchmark or evaluate any competing product; or
use the Service in breach of the Fair Use Policy.

5. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition, warranty or remedy that you may have under the ACL or any other applicable law where to do so would be unlawful or void.

To the extent that Hiaitus is permitted to limit its liability for a breach of a consumer guarantee under section 64A of the ACL, Hiaitus liability is limited, at its option, to:

supplying the Service again; or
paying the cost of having the Service supplied again.

The disclaimers and limitations elsewhere in these Terms apply to the maximum extent permitted by law, but do not displace your statutory consumer rights.

6. Disclaimer of warranties

Subject to clause 5 and the ACL, the Service is provided on an "as is" and "as available" basis. Hiaitus expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Hiaitus makes no warranty that:

the Service will meet your specific requirements;
the Service will be uninterrupted, timely, secure, or error-free;
the Outputs will be accurate, complete, or current; or
the Service will satisfy any regulator, code body, publisher, broadcaster, agency, client or counterparty.

7. Limitation of liability

7.1 Indirect and consequential loss

To the fullest extent permitted by law, and subject to clause 5, in no event shall Hiaitus , its affiliates, officers, employees, agents, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including any loss of profits, goodwill, use, data, or other intangible losses, arising from or relating to:

your reliance on the Outputs without mandatory human review;
any errors or omissions in the Outputs;
your use of, or inability to use, the Service;
the cost of procurement of substitute goods or services; or
unauthorised access to, or alteration of, your transmissions or data.

7.2 Aggregate cap

Subject to clause 5, in no event shall the aggregate liability of Hiaitus for all claims relating to the Service exceed the total fees paid by you to Hiaitus AI for the Service in the twelve (12) months immediately preceding the event giving rise to the liability.

8. User conduct and Fair Use Policy

8.1 Acceptable Use

You agree to use the Service strictly for its intended purpose: the compliance assessment of your or your client's creative content, as detailed in the Fair Use Policy.

8.2 Incorporation of the Fair Use Policy

The Fair Use Policy is incorporated into these Terms by reference. Any material violation of the Fair Use Policy is a material breach of these Terms and may result in immediate suspension or termination of your access to the Service.

8.3 Content responsibility and indemnity

You are solely responsible for all User Content. You warrant that you have all necessary rights, licences and permissions to upload the User Content and to have it processed by the Service.

You agree to indemnify, defend and hold harmless Hiaitus from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising from or relating to:

your use of the Service, including any reliance placed on its Outputs;
your breach of these Terms or the Fair Use Policy; or
any claim that your User Content infringes the intellectual property or other rights of a third party.

8.4 Hiaitus indemnity for the Service IP [CONFIRM with counsel]

Hiaitus agrees to indemnify you against third-party claims alleging that your authorised use of the Service infringes that third party's Australian-registered intellectual property rights, provided that you promptly notify us, give us sole control of the defence, and reasonably cooperate. This indemnity does not apply to claims arising from User Content, modifications, or combinations with non-Hiaitus products.

9. Intellectual property

9.1 User Content

You retain all ownership rights in your User Content. You grant Hiaitus a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, store, reproduce, transmit, process, and adapt the User Content solely as necessary to:

provide the Service to you;
improve, maintain and support the Service; and
perform anonymised benchmarking and model tuning, consistent with the Privacy and Data Policy.

9.2 Hiaitus IP

All rights, title and interest in and to the Service, including all algorithms, proprietary AI models and prompts, software, design, regulatory knowledge base, Outputs (as a class), and all derivative works, are and will remain the exclusive property of Hiaitus or its licensors. No rights are granted other than those expressly set out in these Terms.

9.3 Feedback

If you provide feedback, suggestions or ideas about the Service, you grant Hiaitus a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback without restriction or obligation to you.

10. Payment, subscriptions and packages

10.1 Fees and GST

All fees are quoted in Australian Dollars and are exclusive of GST unless otherwise stated. GST will be added to all taxable supplies at the rate prescribed by law and itemised on your tax invoice.

10.2 Subscription Plans

If you are on a Subscription Plan, you agree to pay the recurring fees applicable to your tier (for example, Professional monthly or Professional annual). Subscription fees are billed in advance for the relevant billing period.

Subscription Plans automatically renew for successive periods of the same length unless cancelled in accordance with clause 10.5 before the renewal date. [CONFIRM auto-renewal position with counsel and align with checkout flow.]

10.3 Report Packages

If you purchase a Report Package, the credits and expiry dates apply as follows [CONFIRM final commercial terms]:

5-pack: 5 credits, expire 90 days from purchase.
10-pack: 10 credits, expire 180 days from purchase.
25-pack: 25 credits, expire 365 days from purchase.

Where you purchase a new Report Package while a prior package is still in date, the unused credits roll into a single pool and the expiry date resets to the expiry of the most recently purchased package. Report Packages do not auto-renew. Unused credits expire and are not refundable on expiry.

10.4 Refunds, non-conversion and the ACL

Except as required by the ACL or as expressly set out in these Terms, fees and credits are non-refundable. Without limiting clause 5, where you upgrade from a Report Package to a Subscription Plan, unused Report Package credits do not convert to subscription credit and remain subject to their original expiry.

10.5 Cancellation

You may cancel a Subscription Plan at any time by following the cancellation steps within the Service or by contacting us at the address in clause 16. Cancellation takes effect at the end of the then-current billing period; no pro-rata refund is provided for the remaining period unless required by the ACL.

10.6 Suspension and termination by us

Hiaitus may suspend or terminate your access to the Service immediately, without prior notice or liability, if you materially breach these Terms, including:

failure to pay fees when due;
violation of the Fair Use Policy; or
any activity that threatens the integrity or security of the Service.

On termination, your right to use the Service ceases. Clauses that by their nature should survive termination (including clauses 3.2, 5, 6, 7, 8.3, 9, 11, 13 and 14) survive.

11. Data, privacy and security

11.1 Privacy and Data Policy

The Privacy and Data Policy is incorporated into these Terms by reference. It sets out how Hiaitus collects, uses, stores and discloses personal information and "AI usage data", including inputs and outputs submitted to or received from the Service.

11.2 Data handling and improvement

You acknowledge that User Content and Outputs may be used, on an anonymised basis, for analytics, security, service improvement, model tuning and benchmarking, in each case in accordance with the Privacy and Data Policy.

11.3 Data location [CONFIRM]

Service data is processed and stored in Australia and in the locations of our approved sub-processors, as listed in the Privacy and Data Policy. We will give reasonable notice of any material change to the location of processing.

11.4 Security

Hiaitus implements reasonable technical and administrative measures to protect User Content and Outputs. Despite those measures, you remain solely responsible for the content you upload and any reliance placed on Outputs.

12. Confidentiality

Each party may receive confidential information of the other in connection with the Service. Each party agrees to use the other's confidential information only for the purposes of these Terms, to protect it with reasonable care, and not to disclose it to third parties except to its personnel and advisers on a need-to-know basis under equivalent obligations of confidence.

This clause does not apply to information that is or becomes public other than by breach of these Terms, was independently developed without reference to the other party's confidential information, or is required to be disclosed by law.

13. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia, without regard to its conflict of law principles.

The parties agree to attempt in good faith to resolve any dispute by negotiation before commencing proceedings. Subject to that, the courts of New South Wales, Australia have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party submits to that jurisdiction.

14. General

14.1 Changes to these Terms

We may amend these Terms from time to time. We will provide at least 30 days' prior notice of any material change by posting the updated Terms at www.checkedit.ai/terms-and-conditions and notifying you by email or in-Service notice. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14.2 Notices

Notices to Hiaitus must be sent to the contact address published at www.checkedit.ai or to such other address as we notify. Notices to you may be sent to the email address associated with your Account.

14.3 Force majeure

Neither party is liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, internet or telecommunications failures, or failure of upstream AI model providers.

14.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms to any affiliate or to a successor in connection with a merger, acquisition or sale of substantially all our assets, on written notice to you.

14.5 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

14.6 Waiver

A failure or delay by Hiaitus in exercising any right under these Terms does not operate as a waiver of that right.

14.7 Entire agreement

These Terms, together with the Fair Use Policy and the Privacy and Data Policy, constitute the entire agreement between you and Hiaitus in relation to the Service, and supersede all prior agreements, representations and understandings.

14.8 Relationship

Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between the parties.

15. Contact

Hiaitus Pty Ltd ABN 54 689 502 832 Registered office: New South Wales, Australia Contact: contact@hiaitus.ai