Terms and Conditions
The legal terms governing your use of Checkedit.ai, including our Fair Use Policy and Privacy & Data Policy.
Effective Date: November 26, 2025
Last Updated: November 26, 2025
These Terms and Conditions ("Terms") govern your access to and use of the Checkedit.ai Software-as-a-Service platform ("Service"), a product operated by Hiaitus Pty Ltd (ABN [Insert ABN]) ("Hiaitus," "we," "us," or "our"), with registered offices in New South Wales, Australia.
By clicking "I Agree," or by accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, the incorporated Fair Use Policy, and the Privacy & Data Policy.
Legal Document Audit: Strengths, Gaps, and Modifications
A legal audit has been conducted over the Hiaitus Privacy & Data Policy and the Checkedit.ai Fair Use Policy to ensure that these Terms and Conditions are comprehensive, aligned with Australian law, and provide appropriate protections for both users and Hiaitus Pty Ltd.
A. Hiaitus Privacy & Data Policy
- The Privacy & Data Policy explicitly covers collection and use of "AI usage data" (including inputs and outputs) for analytics, security and service improvement.
- These Terms incorporate that Privacy & Data Policy by reference and clarify that uploaded creative content is handled in accordance with it, including use for service provision and anonymised benchmarking.
- The framework is designed to remain compliant with the Privacy Act 1988 (Cth) and applicable Australian privacy standards.
| Area | Strength / Observation | Required Modification / Integration |
|---|---|---|
| Data Handling | Explicitly mentions collecting "AI usage data" (inputs and outputs submitted to or received from the platform) for analytics, security and service improvement. | Terms must clearly incorporate the Privacy & Data Policy by reference and confirm that all uploaded creative content is handled in accordance with it, including use for service provision and model tuning / benchmarking. |
| Compliance | References the Privacy Act 1988 (Cth) and commitment to Australian privacy standards. | Ensures the overall legal framework (Terms, Privacy & Data Policy, Fair Use Policy) is consistent with Australian jurisdiction (likely New South Wales). |
| Security | Commits to reasonable technical and administrative security steps to protect data. | Terms reiterate that, despite those safeguards, users remain solely responsible for the content they upload and any reliance placed on outputs. |
B. Checkedit.ai Fair Use Policy
- The Fair Use Policy defines the Platform as a specialised pre‑screening SaaS tool and sets clear usage expectations and limitations to protect service quality and proprietary AI models.
- It includes strong user obligations (for example, not republishing outputs as generic legal advice or reselling them) that are incorporated into these Terms as binding conditions of use.
- These Terms cross‑reference the Fair Use Policy for suspension and termination, allowing Hiaitus to act where misuse or abuse of the Service is detected.
| Area | Strength / Observation | Required Modification / Integration |
|---|---|---|
| Scope & Purpose | Describes Checkedit.ai as a specialised pre‑screening SaaS platform and explains that the purpose of the policy is to protect service quality and proprietary AI models. | Policy should be fully integrated into these Terms by reference so that compliance with Fair Use is a non‑negotiable condition of use. |
| Liability Mitigation | Includes strong user obligations, such as not extracting or republishing outputs as generic legal advice or reselling them. | These obligations are reinforced in the Terms through prominent disclaimers about the nature of outputs and the need for mandatory human review. |
| Usage Control | Sets usage limits by tier, examples of misuse (including scraping or reverse‑engineering) and clear enforcement actions. | Terms include a Suspension and Termination section that expressly references Fair Use Policy violations as grounds for immediate suspension or cancellation of access. |
THE SERVICE AND CRITICAL DISCLAIMERS (LIMITATION OF RELIANCE)
1.1 Nature of the Service
Checkedit.ai is a preliminary and assistive tool designed to perform rapid compliance checks and analysis of creative content. The Service provides an automated report based on the data and proprietary models available at the time of processing.
1.2 ABSOLUTE LIMITATION OF RELIANCE AND MANDATORY HUMAN REVIEW (Critical Protection Clause)
The output generated by the Service is intended for informational and preliminary assessment purposes only.
YOU ACKNOWLEDGE AND AGREE THAT:
- THE OUTPUT IS NOT FORMAL APPROVAL OR LEGAL ADVICE: The Checkedit.ai output does not constitute, and shall not be relied upon as, formal approval, regulatory clearance, legal, financial, or professional advice.
- MANDATORY HUMAN REVIEW: 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 CLAUSE: 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 checked by the Service.
- POTENTIAL FOR ERRORS: While Hiaitus strives for rigor 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. Hiaitus assumes no liability for any errors or omissions in the Service's output.
DISCLAIMER OF WARRANTIES
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, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
HIAITUS MAKES NO WARRANTY THAT:
- (a) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS;
- (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- (c) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR
- (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY (Critical Protection Clause)
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM:
- YOUR RELIANCE ON THE SERVICE'S OUTPUTS WITHOUT MANDATORY HUMAN REVIEW;
- ANY ERRORS OR OMISSIONS IN THE SERVICE'S OUTPUT;
- The use or the inability to use the Service;
- The cost of procurement of substitute goods and services;
- Unauthorised access to or alteration of your transmissions or data.
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 FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
USER CONDUCT AND FAIR USE POLICY
4.1 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.
4.2 Incorporation of Fair Use Policy
The Checkedit.ai Fair Use Policy is hereby incorporated into these Terms by reference. Any violation of the Fair Use Policy is considered a material breach of these Terms and may result in immediate suspension or termination of your access to the Service.
4.3 Content Responsibility and Indemnification
You are solely responsible for all creative content, data, and information (collectively, "User Content") that you upload or submit to the Service. You confirm that you have all necessary rights, licenses, and permissions to upload the User Content.
You agree to indemnify, defend, and hold harmless Hiaitus against any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising from: (a) your use of the Service, including any reliance placed on its outputs; (b) your breach of these Terms or the Fair Use Policy; or (c) any claim that your User Content infringes the intellectual property or other rights of a third party.
INTELLECTUAL PROPERTY
5.1 User Content IP
You retain all ownership rights in and to your User Content. You grant Hiaitus a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, and process the User Content solely as necessary to provide the Service, improve the Service, and for anonymised benchmarking, consistent with the Privacy & Data Policy.
5.2 Hiaitus IP
All rights, title, and interest in and to the Service, including all algorithms, proprietary AI models, software, design, and regulatory knowledge base, are and will remain the exclusive property of Hiaitus. You are granted a limited, non-transferable, non-sublicensable right to use the Service solely for the purpose described herein.
PAYMENT, SUBSCRIPTION, AND TERMINATION
6.1 Subscriptions
The Service is billed on a subscription basis. You agree to pay the fees applicable to your subscription tier. Fees are non-refundable, except as expressly provided in these Terms or required by law (such as the Australian Consumer Law).
6.2 Suspension and Termination
Hiaitus may terminate or suspend your access to the Service immediately, without prior notice or liability, if you materially breach these Terms, including but not limited to: (a) failure to pay fees when due; (b) violation of the Fair Use Policy; or (c) any activity that threatens the integrity or security of the Service.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms will be resolved by the courts of New South Wales, Australia, and you agree to submit to the exclusive jurisdiction of those courts.
INCORPORATED POLICIES
The following documents are an integral part of these Terms:
Let Creative Teams Create – While You Stay In Control
Unleash the Creativity with Compliance and free up efficiencies in your workflows for faster speed to market: a real competitive edge!
