Terms of Service

1.1 Who we are

Heista is operated by Mighty Lucky Ventures Pty Ltd (ABN 51 653 328 628), trading as Heista, an Australian company (“Heista”, “we”, “us”). In these Terms, “you” means the organisation or person that creates the account or uses the Service.

1.2 Accepting these Terms

You accept these Terms when you create an account, subscribe to a plan, buy Credits, use an API key or otherwise use the Service. If you do not agree, do not use the Service.

1.3 Using Heista for an organisation

If you use the Service for a company, agency or other organisation, you confirm that you are authorised to accept these Terms for it, and “you” includes that organisation. Heista is provided for business and professional use.

1.4 Eligibility

You must be at least 18 years old and able to enter into a binding contract. You must not use the Service if you are barred from doing so under the laws that apply to you.

1.5 Other documents

• The Billing and Usage Terms explain how we charge for plans, seats, add-ons, usage and Credits, and how cancellation, price changes, refunds and billing disputes work. They form part of these Terms.
• The Privacy Policy explains how we handle personal information.
• The Subprocessors page lists the third parties that help us provide the Service.
• Pricing, plans, allowances and Credit rates are shown on our pricing page and in the app, and confirmed to you before you buy.
• If you sign an Enterprise agreement, order form or data processing agreement with us, that document takes priority over these Terms where the two conflict.

2.1 What Heista is

Heista is the creative development workspace for agencies and creative teams. It includes purpose-built AI apps for developing ideas, creative directions and executions, decoding advertising, writing scripts, building briefs, extracting brand intelligence, and creating images and video (together, the “Service”). The Service is available through the web app and, where offered, the Heista API and other integrations.

2.2 Changes to the Service

We continually improve the Service. We may add, change or remove features, apps, AI models and integrations. If a change materially reduces a paid feature you rely on, we will give you reasonable notice where practicable, and section 18 applies if we discontinue the Service.

2.3 Early-access features

Features labelled beta, preview or early access are provided for evaluation. They may be incomplete, may change or may be withdrawn at any time.

2.4 Not professional advice

The Service produces creative and strategic material for your review. It is not legal, financial, regulatory, advertising-compliance, medical or other professional advice. Where advice is needed, consult a qualified professional.

3.1 Your account

• Provide accurate information and keep it up to date.
• Keep your sign-in details confidential and do not share accounts. Each person needs their own account.
• Tell us promptly at support@heista.co if you suspect unauthorised access.
• You are responsible for activity under your account and workspace, including by members you invite and through API keys you create.

3.2 Workspaces

A workspace is created when you register, and you become its owner. Subscriptions, seats, add-ons, Credits, brand data, saved work and stored files belong to the workspace rather than to any individual member. Owners can transfer ownership to another member.

3.3 Seats and roles

• A seat allows one named person to use a paid workspace. Seats are a capacity of the workspace, not a personal licence, and can be reassigned when someone leaves.
• Added seats take effect immediately and are charged pro rata for the rest of the billing period. Seat reductions take effect at the end of the billing period, with no refund for the unused part of that period.
• You cannot reduce seats below the number in use (members plus pending invitations).
• Each person has a role: owner, admin, member or guest. Owners and admins manage members, billing and settings; members and guests use the Service and create work in the workspace. Removing a member ends their access to the workspace from their next request; work they created stays in the workspace.
• Removing a member does not revoke workspace API keys that person created or saw. Revoke and replace those keys in the API console.

3.4 API keys

API keys are shown once when created and are stored by us only as one-way hashes, so we cannot recover them. Keep keys confidential, never place them in client-side code or public repositories, and revoke any key you believe is exposed. Activity using your keys is treated as your activity.

• Current plans, add-ons, allowances and prices are published on our pricing page and confirmed to you before you buy.
• Plan, seat and add-on fees are charged monthly in advance and renew automatically until you cancel. You can cancel at any time in Settings.
• Since 11 October 2026, usage above a paid plan’s included allowances (extra brands, library items and storage) is charged automatically at the published rates, as the Billing and Usage Terms set out.
• Payments are processed by Stripe. By adding a payment method, you authorise us to charge it as described in the Billing and Usage Terms.
• Prices are in US dollars and exclude GST. Australian customers pay 10% GST on top, shown on a tax invoice.
• We give at least 30 days’ notice before increasing a price or usage rate or reducing an allowance, and you can cancel before the change applies.
• The Billing and Usage Terms cover subscriptions, seats, add-ons, allowances and usage charges, Credits, failed payments, cancellation, price changes, tax, refunds and billing disputes. They form part of these Terms.

5.1 What Credits are

“Heista Credits” (“Credits”, also called AI Credits) are prepaid usage units your workspace uses to pay for paid actions in the Service, such as AI generation and ad decoding, at the rates shown in the app at the time of the action. One Credit corresponds to US$1.00 of usage at those rates. Credits belong to the workspace and are drawn from one balance across the web app, the API and other integrations.

5.2 What Credits are not

Credits are not money, a deposit or a stored-value facility. They are issued only by Heista and cannot be redeemed with any AI provider or other third party, transferred to another workspace or person, or exchanged for cash, except as these Terms state or the law requires.

5.3 Pricing, buying, the fee and expiry

• Actions that use third-party AI models are charged at the cost our AI gateway provider reports for that action, with no Heista margin added. Heista’s own tools are charged at the prices shown in the app.
• A 4.9% AI Infrastructure Fee is added to every Credit purchase, including automatic top-ups. It is not a fee for the payment method you use.
• Purchased Credits, including automatic top-ups, expire 90 days after purchase, or after any longer period stated when you buy them. Complimentary Credits included with a plan expire at the end of the monthly billing cycle they are granted for (on the Free plan, 30 days after they are granted) and do not roll over. Credits closest to expiry are used first.
• If a paid action fails and delivers nothing, you are not charged for it, or the Credits are returned to your balance.
• Section 10 of the Billing and Usage Terms sets out these rules in full, including complimentary and promotional Credits and automatic top-ups.

5.4 Plan changes, suspension and closure

• Credits are not tied to your plan. If you change or cancel your plan, unexpired purchased Credits remain in the workspace with their original expiry date.
• If your account is suspended, your Credits are kept but cannot be spent until access is restored. Their expiry continues to run.
• If you delete your workspace, or we terminate it for a serious or unremedied breach, remaining Credits are forfeited, except as section 18, the Billing and Usage Terms or the law provides.

• You can cancel your subscription at any time in Settings. Cancellation takes effect at the end of the current billing period, and you keep access until then. Section 14 of the Billing and Usage Terms explains what happens next.
• Refunds are covered by section 17 of the Billing and Usage Terms.
• Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms limits those rights or any other rights that cannot lawfully be excluded.

7.1 Your Inputs

“Inputs” means everything you or your members provide to the Service: files you upload, brand documents, briefs, prompts, references, product information and other material. You keep all rights you hold in your Inputs. Pointing Heista at a public advertisement by link is not an Input; section 10 covers that.

7.2 Permission to operate the Service

You grant Heista a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit and display your Inputs and Outputs only as needed to provide, secure and support the Service for you, including by sending them to the service providers and AI providers described in the Privacy Policy and on the Subprocessors page. This licence ends when the content is deleted from the Service, except for copies kept in backups for a limited period or where the law requires us to keep them.

7.3 No training on your content

Heista does not use your Inputs or Outputs to train AI models. How AI providers handle requests is described in section 9.

7.4 Your promises about Inputs

• You own your Inputs or have all rights, licences and permissions needed to use them in the Service, including from your clients for any client material.
• You have the consents and gave the notices required by law for any personal information in your Inputs, including images, voices or likenesses of real people.
• Your Inputs do not breach any law, contract or confidentiality obligation.

7.5 Confidential uploads

Files you upload from your own device stay private to your workspace. They are not given a public page, are not indexed by search engines, and do not enter the Decoded Library. When your workspace is deleted, decodes of files you uploaded are deleted together with the files. Your brand data, briefs, scripts, chats, boards and saved assets are never published or shared with other customers.

8.1 Ownership of Outputs

“Outputs” means the content the Service generates for you, such as ideas, scripts, copy, briefs, images and video. As between you and Heista, you own your Outputs to the extent the law allows, and Heista assigns to you any rights it holds in them. Heista claims no ownership of your Outputs. Whether an Output is protected by copyright depends on the law where you are and how it was made; we make no promise that it is.

8.2 Commercial use

You may use your Outputs for any lawful purpose, including commercially, in advertising and in work you deliver to your clients. You may sell services that you produce using Heista. You may not resell, sublicense, share or white-label access to the Service itself unless we agree in writing.

8.3 Similar outputs

AI systems can produce similar or identical content for different users. No one acquires exclusive rights in a style, technique, prompt, structure or general idea, and other customers may receive Outputs similar to yours.

8.4 Review before use

• AI Outputs may be inaccurate, incomplete, biased or offensive, or may resemble existing works, trade marks or real people.
• Before publishing or relying on an Output, you must review it for accuracy, third-party rights (including copyright, trade marks, likeness and privacy), advertising standards, platform rules, claims substantiation and any AI-disclosure or labelling requirements.
• Heista does not provide copyright, trade mark, likeness, model-release or advertising clearance. Generating an Output does not mean it is lawful, original, non-infringing or cleared for publication.
• Decisions about whether and how to publish an Output, and how to label it, are yours.

This section applies to features that accept reference images to guide new visual work, such as Visual Presets and visual styles (“Reference Features”). It adds to sections 7, 8 and 11.

• Reference Features are for concept development, visual exploration, art direction and creating new work. They analyse broader characteristics of a reference, such as lighting, colour, medium, texture, technique, lens treatment and finish, and apply them to new subjects and compositions.
• You must use reference images lawfully, and only references you have the right to use, including client material.
• You must not use Reference Features to create a near-identical reproduction of a protected work, to recreate protected characters, artwork, logos or packaging in an infringing way, or to use an identifiable person’s identity or likeness without any permission the law requires.
• Heista does not promise that any output is legally distinct from existing works. You are responsible for reviewing your references and outputs before publication or commercial use, as section 8.4 sets out.
• The first time you use a Reference Feature, we ask you to confirm these points and keep a record of that confirmation (see the Privacy Policy).

9.1 The model catalogue

The Service gives access to AI models supplied by third-party providers (“AI Providers”) through our AI gateway provider. We decide which models are offered and may add, update, replace or retire models at our discretion, including when a provider retires one, without notice and without any guaranteed timeframe for adding newly released models. Defaults may change.

9.2 Provider terms

Each model is supplied by its AI Provider under that provider’s terms and policies, including content rules and permitted uses. You choose the models your work uses, and you must comply with the terms and policies that apply to them; where a provider’s policy is more restrictive than these Terms, the provider’s policy applies to your use of its models. We are not responsible for the acts, omissions, availability or output of any AI Provider.

9.3 Training

• Text and chat requests that Heista sends through its AI gateway carry an instruction that the provider must not train on them, and are only served by providers that have agreed to that.
• Image and video requests carry the same instruction wherever the provider supports it.
• Some providers do not offer a no-training option. They are identified on the Subprocessors page, and content sent to their models may be used by the provider under its own terms. Choose a different model for sensitive material.

9.4 Where AI processing happens

Your stored data is kept in Sydney, Australia. AI requests are routed to the AI Provider of the model being used, and each request may be processed on whichever of that provider’s servers is available, which may be outside Australia (for example in the United States, Europe or Asia). By using the Service’s AI features, you agree to this processing.

9.5 Safety systems

AI Providers apply their own safety filters to prompts, references and outputs, which may block or alter some requests. These filters vary by model.

9.6 Enterprise options

Enterprise customers may agree in writing to additional controls, such as approved-model lists, specific models or the use of their own provider keys. Where you use your own provider keys, requests made with them are governed by your agreement with that provider, including its data-use, training and retention terms, and Heista’s gateway-level protections do not apply to them.

10.1 How decoding works

Heista analyses advertising to identify creative strategies, structures, patterns, techniques and messaging approaches (“decoded intelligence”), for research, analysis and creative development.

10.2 Link decodes are public

• When you decode an ad by link, the decode is added to Heista’s Decoded Library. It may be given a public page, indexed by search engines and shown to other users, including a copy of the ad so the analysis can be read alongside it.
• This applies to any link, including unlisted or unreleased material. To keep something confidential, upload the file instead of linking to it.
• Decoded intelligence from link decodes belongs to Heista. You do not acquire exclusive rights in it, even if you were the first to decode an ad.
• Heista keeps link decodes when a workspace is deleted. They stay in the Decoded Library, with anything linking them to the workspace or its members removed.
• Decoding a file you upload is covered by section 7.5 and stays private to your workspace.

10.3 Third-party content

Third-party advertising, trade marks and other material shown or analysed in Heista remain the property of their owners. Heista is not affiliated with or endorsed by the brands it analyses. Decoded intelligence is provided as research and inspiration. You must not use the Service to reproduce third-party creative work, and you are responsible for making sure work you publish does not infringe anyone’s rights.

10.4 Your responsibility for links

When you submit a link, you are responsible for complying with the terms of the platform it comes from.

10.5 Removal requests

Rights holders can ask us to remove their advertising from the Decoded Library by writing to support@heista.co with the page address and the basis of the request. No Heista account is needed. Section 13 sets out the process.

11.1 You must not use the Service to

• break any law or regulation, or encourage anyone else to;
• infringe or misappropriate anyone’s intellectual property, privacy, publicity or other rights;
• create content that is defamatory, harassing, hateful, discriminatory, sexually explicit, violent or exploitative, or that sexualises minors in any way;
• depict or imitate an identifiable real person in a misleading, defamatory, intimate or commercial context without any consent the law requires;
• create misleading or deceptive content, including false endorsements, fake reviews, impersonation, scams or political disinformation;
• generate spam or carry out unlawful surveillance;
• remove, alter or imitate watermarks, provenance information or copyright notices;
• circumvent safety filters, usage limits, billing, authentication or rate limits;
• access, probe or test the Service’s security, except under our responsible disclosure policy, or interfere with or overload the Service;
• reverse-engineer the Service, or copy its features, prompts or interface to build a competing product;
• scrape the Service or use automated means to access it, other than through the official API;
• share accounts or sign-in details, or resell, sublicense, white-label or provide access to the Service to anyone outside your workspace, unless we agree in writing.

11.2 Data you must not upload

Heista is built for marketing and creative material. Unless we have agreed otherwise in writing, do not upload:

• health or medical information about identifiable individuals;
• payment card data, bank account credentials or government identifiers such as tax file, passport or licence numbers;
• sensitive information such as racial or ethnic origin, political opinions, religious beliefs, sexual orientation, criminal records or biometric data used for identification;
• personal information of children;
• classified, export-controlled or otherwise legally restricted material.

11.3 Enforcement

We may remove content, restrict features, or suspend or terminate access where we reasonably believe this section has been breached, as set out in section 19.

12.1 Your responsibility

You are responsible for your Inputs, your instructions to the Service, your choice of models, how you use and publish Outputs, your dealings with your clients, and your compliance with laws, advertising standards and platform rules that apply to your work.

12.2 Indemnity

You indemnify Heista and its officers, employees and contractors against claims, losses, liabilities and reasonable costs (including legal costs) arising from a third-party claim about: your Inputs; your use, publication or distribution of Outputs; your breach of these Terms or of law; or work you deliver to your clients. This indemnity is reduced to the extent the claim was caused by Heista’s breach of these Terms, negligence or wilful misconduct.

13.1 Making a complaint

Send a written notice to support@heista.co that includes:

• your name and contact details, or those of the rights holder you represent;
• the work or right you say is infringed;
• where the material is in Heista (for example, the page address);
• a statement that you believe in good faith the use is not authorised, and that the information in your notice is accurate and you are the rights holder or authorised to act for them.

13.2 What we do

• We acknowledge the notice within 5 business days and investigate it in good faith.
• Where appropriate, we remove or disable access to the material and tell the affected customer.
• An affected customer can send a counter-notice explaining why the material should be restored, which we will consider in good faith.
• We may suspend or terminate accounts that repeatedly infringe the rights of others.

The Service, including its software, interface, design, apps, prompts, frameworks, documentation, API and decoded intelligence, is owned by Heista or its licensors. Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable right to use the Service for your workspace’s business purposes during your subscription. All other rights are reserved. If you send us feedback or suggestions, we may use them without obligation to you.

15.1 General

The Service relies on, and may connect to, third-party services. Your use of a connected service is also subject to that service’s terms. We are not responsible for third-party services, and features that depend on them may change if those services change or restrict access.

15.2 Meta advertising accounts

• If you connect a Meta advertising account, you authorise Heista to read the ad accounts you select, including campaigns, creatives and performance data, to decode your ads and produce analysis. You confirm you are authorised to grant that access.
• Heista requests read-only access and does not create, change or delete ads.
• You can disconnect at any time in Settings or from your Meta business settings. We delete stored Meta platform data within 30 days of disconnection. Analysis Heista generated from your ads remains in your workspace until you delete it.
• We use Meta platform data in line with Meta’s Platform Terms and do not sell it.

15.3 Browser extension

The Heista browser extension saves ads and posts to your workspace only when you choose to save them. The Privacy Policy explains what it collects.

• Each party will keep confidential the other party’s non-public information that it receives under these Terms, use it only to perform or exercise rights under these Terms, and protect it with reasonable care.
• For Heista, this covers your Inputs, Outputs and workspace data. We disclose them only to our personnel and service providers who need them to provide the Service and are bound by confidentiality, or where the law requires.
• For you, this covers non-public information about the Service, such as security information, pricing offered only to you, and pre-release features.
• These obligations do not apply to information that is or becomes public through no fault of the receiving party, that was already lawfully known to it, or that it develops independently. Link decodes covered by section 10 are not confidential.

• The Privacy Policy explains how we collect and handle personal information, and forms part of these Terms.
• Where your Inputs include personal information about others, such as your clients, their customers, your staff or people who appear in images, you are responsible for having a lawful basis, giving any required notices and obtaining any required consents. We process that information on your behalf, only to provide the Service and as described in the Privacy Policy.
• We take reasonable steps to protect personal information, as described in the Privacy Policy. If a data breach affecting your workspace is likely to cause serious harm, we will notify you and the regulator as required by the Notifiable Data Breaches scheme.
• A data processing agreement is available for Enterprise customers on request.

18.1 Availability

We aim to keep the Service available and to fix problems promptly, but the Service may be interrupted for maintenance, updates, failures of third-party providers or events outside our control. Service levels are not included in these Terms and can be agreed in writing as part of an Enterprise agreement.

18.2 Support

Support is available by email at support@heista.co.

18.3 Discontinuation

• We may discontinue the Service or any part of it. Where we discontinue a paid feature or the Service as a whole, we will give at least 30 days’ notice where practicable.
• If a discontinuation materially reduces what your plan provides, we will not charge plan fees beyond the current billing period.
• If we discontinue the Service as a whole, we will refund unexpired purchased Credits bought within the previous 90 days, pro rata. Promotional and expired Credits are not refundable.
• Where practicable, we will give you an opportunity to download your content before the Service closes.

19.1 By you

You can cancel your subscription or delete your account at any time in Settings or by contacting us.

19.2 By us

• We may suspend or terminate your access if you materially breach these Terms. Where the breach can be remedied, we will first give you written notice and at least 7 days to remedy it.
• If fees are unpaid, section 13 of the Billing and Usage Terms applies first: we tell you, retry the payment, and may pause paid features only after 14 days. We may terminate for non-payment only if an amount is still unpaid 30 days after we first told you, and never for an amount you have raised with us in good faith under section 18 of the Billing and Usage Terms while we investigate it.
• We may suspend access immediately, without prior notice, where we reasonably believe it is necessary to prevent fraud, illegal activity, serious harm to others, or a risk to the security or integrity of the Service. We will tell you why as soon as reasonably practicable.
• We may revoke an individual API key that is being misused without suspending the rest of your account.

19.3 What happens to your data

• When you delete your account, it is scheduled for deletion and you have 90 days to restore it. After that, the account and its workspace data are permanently deleted, as described on the Data deletion page.
• You can download your assets from the app before you delete your account. Other exports can be requested and will be provided where reasonably practicable.
• Decoded intelligence from link decodes belongs to Heista and is kept after your workspace is deleted, with anything linking it to you or your workspace removed. Decodes of files you uploaded are deleted with the workspace.
• Sections that by their nature should survive termination, including sections 5.4, 8, 8A, 10, 12, 14, 16, 20, 21 and 23, continue to apply.

20.1 Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability for failing to comply with such a guarantee can lawfully be limited, it is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

20.2 Disclaimers

Subject to section 20.1, the Service and all Outputs are provided “as is” and “as available”. To the extent the law allows, we exclude all warranties and conditions not set out in these Terms, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise that the Service will be uninterrupted or error-free, or that using it will achieve any commercial result.

• To the extent the law allows, neither party is liable to the other for any indirect or consequential loss, or for loss of profits, revenue, goodwill, data or opportunity, however caused.
• To the extent the law allows, Heista’s total liability arising out of or in connection with these Terms or the Service is limited to the greater of the fees you paid Heista in the 12 months before the event giving rise to the claim, and US$100.
• These limits apply however the liability arises, including in contract, negligence or under statute.
• These limits do not apply to liability for fraud, wilful misconduct, death or personal injury caused by negligence, your payment obligations, your indemnity in section 12.2, or any liability that cannot be limited by law, including under the Australian Consumer Law.
• Each party must take reasonable steps to mitigate its loss.

• We may update these Terms, including the Billing and Usage Terms, only where reasonably necessary: to reflect changes in the law or in regulatory guidance, changes to the Service or to how we provide it, changes in our costs or our providers’ terms, or to address security, fraud or misuse, or to make the Terms clearer.
• We will publish the updated Terms with a new “Last updated” date. For a change that materially and adversely affects you, we will give at least 30 days’ notice by email to the workspace owner and in the app before it takes effect.
• If you do not agree to a change, you can cancel before it takes effect and the change will not apply to you. If the change takes effect during a period you have already paid for, you can instead cancel within 30 days after it takes effect and receive a pro-rata refund of prepaid fees for the rest of that period.
• Changes do not apply retrospectively. They do not affect charges already incurred, Credits already bought or a dispute that arose before the change.
• Changes to prices and rates are covered by section 15 of the Billing and Usage Terms.
• Continuing to use the Service after a change takes effect means you accept it.

• These Terms are governed by the laws of South Australia and the Commonwealth of Australia.
• If a dispute arises, either party may give the other written notice of it. Both parties will try in good faith to resolve it within 30 days, starting by contacting support@heista.co.
• If the dispute is not resolved within 30 days, either party may refer it to mediation administered by the Resolution Institute. Each party pays its own costs of mediation and shares the mediator’s fees equally.
• If mediation does not resolve the dispute, either party may start proceedings in the courts of South Australia, and each party submits to their non-exclusive jurisdiction.
• Nothing in this section prevents a party from seeking urgent interim relief from a court, or limits any right that cannot be excluded by law.

• Entire agreement. These Terms, together with the documents referred to in section 1.5 and any Enterprise agreement, are the entire agreement between us about the Service and replace any earlier understanding.
• Assignment. You may not assign or transfer these Terms without our written consent. We may assign them as part of a merger, acquisition, corporate reorganisation or sale of all or part of our business, by giving you notice.
• Subcontracting. We may use service providers and subcontractors to provide the Service, and remain responsible for our obligations under these Terms.
• Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, other than an obligation to pay money.
• Severability. If any part of these Terms is invalid or unenforceable, it is read down or severed to the minimum extent necessary, and the rest continues to apply.
• Waiver. A failure or delay in exercising a right is not a waiver of it. A waiver must be in writing.
• Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
• Notices. We may give you notices by email to the account owner or in the app. You may give us notices by email to support@heista.co.
• Interpretation. Headings and “In short” summaries are for convenience only and do not affect interpretation. “Including” means “including without limitation”.

Mighty Lucky Ventures Pty Ltd (ABN 51 653 328 628), trading as Heista. Australia.