These Heka Contributor Terms ("Terms") form a binding agreement between TabAI Inc., a Delaware corporation ("TabAI," "we," "us," or "our"), and the person who joins, accesses, installs, or uses the Heka contributor program ("Participant" or "you").
Heka records detailed activity on your personal Mac while you complete a task assigned by TabAI. Accepted recordings become part of datasets that TabAI may use and license to other companies for AI training, evaluation, research, safety work, and commercial product development.
Read these Terms and the Heka Privacy Policy before installing Heka or starting a recording. By accepting these Terms, joining the contributor program, accepting an Offer, installing Heka, or submitting a Contribution, you agree to these Terms. If you do not agree, do not use Heka.
1. Definitions
"Accepted Contribution" means a Contribution that TabAI accepts under the applicable Offer.
"Accepted Dataset" means an Accepted Contribution for which TabAI has issued the compensation required by the Offer, together with any censored recording, screenshot, event stream, browser or interface data, label, annotation, metadata, feature, segment, or other processed material derived from it.
"App" means the Heka macOS application supplied by TabAI for the contributor program.
"Contribution" means the censored data submitted or uploaded to TabAI in connection with an assigned task, including video, images, keyboard and pointer events, clipboard data, browser and interface data, metadata, task responses, and participant-entered markers. It does not include an Uncensored Local Source that stays only on the Participant's Mac. TabAI or its approved providers may create labels and derived material after submission.
"Data Partner" means a company, research organization, model developer, or other party that receives or accesses an Accepted Dataset under an agreement with TabAI.
"Offer" means the task-specific notice that describes an assigned task, eligibility rules, compensation or compensation method, submission requirements, acceptance criteria, and any additional terms.
"Service" means the Heka App, the website at useheka.com, the waitlist, assigned tasks, contributor tools, support, and related TabAI services.
"Uncensored Local Source" means raw material recorded on the Participant's Mac before Heka applies the required local privacy filters. The production contributor program does not authorize uploading it to TabAI.
2. Eligibility
You may participate only if:
- you are at least 18 years old;
- you can enter a binding agreement under the law that applies to you;
- you provide accurate eligibility, age, location, tax, and payment information;
- you are not subject to sanctions or other restrictions that prohibit TabAI from working with or paying you;
- your participation does not violate a contract, duty, law, employer policy, court order, or third-party right; and
- you use Heka only in a country and for a task that TabAI supports.
The Service is not available to minors. A false age statement violates these Terms but does not remove protections that law grants to a minor.
If you accept these Terms for an organization, you represent that you have authority to bind that organization. Unless TabAI agrees in writing, the contributor program accepts individuals and does not authorize an employer to record workers through Heka.
3. Waitlist, Selection, and Access
Joining the waitlist does not guarantee selection, access, tasks, earnings, or any continuing relationship with TabAI. We may select participants based on device compatibility, location, qualifications, availability, project needs, safety, legal requirements, or other program criteria.
An invitation belongs only to the person who receives it. You may not sell, transfer, share, or let another person use your invitation, credentials, participant identifier, or App access.
We may request reasonable information to verify identity, age, location, tax status, payment eligibility, or compliance. Refusing to provide required information may prevent participation or payment.
4. Assigned Tasks Only
You may record only while completing a task that TabAI assigned to you through an Offer or written instruction.
Running Heka on a personal Mac does not authorize you to record ordinary personal activity, unrelated work, another person's activity, or content outside the assigned task. Before recording, use a clean workspace or separate macOS profile; close unrelated applications, browser tabs, messages, documents, calls, and notifications.
You must stop or pause recording if unexpected personal, confidential, privileged, regulated, or third-party information appears. Notify TabAI if an assigned task cannot be completed without recording prohibited material.
Use only the applications, websites, test accounts, templates, files, synthetic data, public material, or other content that TabAI authorizes for the task. Do not use a live employer, client, school, health, banking, messaging, or children's account. Do not leave the approved environment unless the task instructions expressly require it.
5. Device, Permissions, and Local Files
You must own the Mac that you use or have the owner's express permission to install and run Heka. You remain responsible for the security, lawful use, backups, internet connection, power, storage, and operation of your Mac.
Heka may ask for macOS permissions such as Screen Recording, Accessibility, Input Monitoring, and Automation. These permissions allow broad access. The Privacy Policy explains the categories that Heka may record.
The App may consume CPU, memory, disk space, battery power, and network bandwidth. It may continue censoring, packaging, diagnosing, or uploading an already-recorded Contribution after you stop active recording. Some upload settings may keep the Mac awake long enough to finish an authorized transfer.
Uncensored source files stay on your Mac under the production program. They can contain secrets or personal information even when TabAI never receives them. Protect your account, follow local-deletion instructions, and do not share those files.
You are responsible for backing up unrelated files. TabAI is not responsible for damage to or loss of your personal files except where applicable law does not permit that exclusion.
6. Recording Consent and Privacy
Before the first recording, and again when required, Heka will present a recording notice and request affirmative consent. You must read that notice. You may not start a session for someone else or obtain consent through deception.
The App may record screen video, screenshots, keyboard and pointer events, clipboard information, application and window information, browser URLs and page structure, macOS Accessibility data, limited file-activity metadata, system-audio classifications, device information, diagnostics, and participant-entered task markers. TabAI and its approved service providers may later generate labels and other derived data.
The Heka Privacy Policy describes collection, local censoring, Google Cloud and Google AI processing, dataset licensing, retention, international transfers, and privacy rights. It gives notice and does not replace a separate recording or privacy consent required by law.
Stopping the App, revoking a macOS permission, or uninstalling Heka stops or limits future collection but does not retrieve information that TabAI or a Data Partner already received.
7. Offers, Review, and Compensation
7.1 Task-specific terms
Each Offer will state or link to the compensation or method used to calculate it. An Offer may use a fixed amount or a formula based on recorded time, usable task time, quality, efficiency, complexity, completeness, project value, or other disclosed factors.
Rates can differ between tasks and participants. An Offer does not promise the same rate for later work. TabAI does not guarantee any minimum number of tasks, hours, earnings, or future Offers.
If an Offer conflicts with these Terms about that task's instructions, acceptance criteria, or compensation, the Offer controls for that limited subject. These Terms continue to control all other matters.
7.2 Acceptance review
Submitting a Contribution does not mean that TabAI has accepted it. TabAI may review whether the Contribution:
- follows the assigned instructions and stays within the approved environment;
- contains a complete, usable, and technically valid recording;
- meets the quality, duration, efficiency, and labeling criteria in the Offer;
- contains fabricated, replayed, automated, duplicate, manipulated, or fraudulent activity;
- creates an unacceptable privacy, security, intellectual-property, or legal risk; or
- violates these Terms.
We may use technical and automated signals to assist review, but we do not make a final acceptance, rejection, or payment decision solely through automated processing. A trained reviewer must have authority to assess the relevant evidence and change the result. You may request human reconsideration.
7.3 Payment
TabAI owes compensation only for an Accepted Contribution and only according to the applicable Offer. The Offer, acceptance notice, or payout notice will state the payment timing and method. TabAI may require identity, sanctions, tax, or payout verification before sending funds.
You must promptly review a payment and report an error. TabAI may correct an overpayment, duplicate payment, calculation error, or payment connected to fraud or a material breach, including by offsetting a later amount where law permits.
Except for the payment stated in the Offer, you receive no royalty, revenue share, residual, model ownership, attribution right, or other compensation from an Accepted Contribution, Accepted Dataset, Data Partner license, model, or commercial product.
7.4 Taxes and expenses
You are responsible for taxes, reporting, insurance, equipment, internet service, electricity, and other expenses connected with participation, except where law or an Offer says otherwise. TabAI may collect tax forms, report payments, or withhold amounts when law requires it.
8. Relationship Between the Parties
The contributor program does not create a partnership, joint venture, agency, franchise, fiduciary relationship, or authority to bind TabAI.
Unless applicable law classifies the relationship differently, you participate as an independent contractor. You choose whether to accept an Offer and generally control when and where you complete it within its deadline and technical requirements. You have no authority to represent that you work as a TabAI employee.
Nothing in these Terms removes wages, benefits, reimbursement, classification, organizing, or other rights that applicable law makes non-waivable. The legal facts of the relationship control over a label in a contract.
9. Rights in Contributions
9.1 Your existing rights
As between you and TabAI, you keep any intellectual-property rights that you lawfully own in your original Contribution, subject to the licenses in these Terms. You cannot grant rights that belong to an employer, client, software provider, website owner, another person, or another rights holder.
Do not record or submit material unless you have all rights, permissions, and consents needed for TabAI and Data Partners to use it as described here.
9.2 Review license
When you submit a Contribution, you grant TabAI a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to receive, host, copy, further censor, transform, analyze, label, review, secure, and retain it for submission review, quality control, fraud prevention, support, payment administration, and legal compliance. This review license does not cover an Uncensored Local Source that Heka keeps on your Mac.
If TabAI rejects the Contribution, this review license continues only as long as reasonably needed for those purposes and the retention period in the Privacy Policy. TabAI will not intentionally add a rejected Contribution to a commercial training Dataset unless we later accept it under an Offer.
9.3 License after acceptance and payment
When TabAI accepts a Contribution and issues the compensation required by the Offer, you grant TabAI a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable through multiple tiers, fully paid-up, and royalty-free license to:
- host, store, reproduce, display, perform, transmit, format, compress, censor, replace, modify, translate, annotate, label, segment, combine, and create derivative works from the Accepted Contribution;
- create and maintain Accepted Datasets, benchmarks, evaluations, safety tests, features, embeddings, statistics, and other processed material;
- train, fine-tune, test, benchmark, evaluate, validate, secure, improve, and develop AI and machine-learning systems;
- distribute, make available, sell, license, sublicense, and otherwise provide the Accepted Dataset to Data Partners;
- allow Data Partners to conduct AI research and to develop, operate, improve, and commercialize their own models, services, and products; and
- exercise these rights in any media, format, or technology now known or later developed.
To the extent law permits, you waive and agree not to assert moral rights or similar rights that would prevent the licensed uses. If local law does not allow waiver, you agree not to enforce those rights to the extent needed for the uses above.
This license gives TabAI and Data Partners the right to use the complete censored and processed Accepted Dataset, including recordings, screenshots, events, labels, annotations, and metadata. It does not authorize TabAI to receive an uncensored source recording from your Mac through the production program.
9.4 Models and derived material
TabAI and Data Partners own their respective models, model weights, software, labels, annotations, dataset organization, evaluations, and other material that they create, subject to any underlying rights that you or another party cannot legally transfer.
You receive no ownership or approval right in a model or product trained, tested, or developed with an Accepted Dataset. TabAI and Data Partners may commercialize those models and products without identifying or paying you beyond the applicable Offer.
9.5 No contractual withdrawal after acceptance and payment
After TabAI accepts a Contribution and issues payment, you cannot revoke the license or require removal merely because you change your mind. TabAI and Data Partners may continue the uses authorized above.
This Section does not waive a privacy, consumer, worker, or other right that applicable law makes non-waivable. If law requires deletion or restriction of identifiable source data, TabAI will comply to the required extent. Models and genuinely anonymous derivatives may remain where they no longer identify a person and law permits retention.
9.6 No publicity right
The Contribution is not confidential as between you, TabAI, and authorized Data Partners. TabAI does not intend to publish source recordings to the general public. We will not use your name, portrait, or personal story in public marketing as an endorsement without separate permission, except that content incidentally visible in an Accepted Dataset remains subject to the license above.
10. Your Promises About Every Contribution
You represent and warrant that:
- you completed the Contribution yourself while eligible to participate;
- the recorded activity reflects the assigned task and does not contain fabricated or undisclosed automated activity;
- you own or have permission to use the Mac, accounts, files, and content involved;
- you have every right, license, consent, and authorization needed for the Contribution and the uses in Section 9;
- the Contribution does not violate privacy, publicity, confidentiality, intellectual-property, employment, contractual, or other rights;
- you did not record an employer's, client's, school’s, patient's, customer's, or other third party's information without authority;
- you did not intentionally record a minor or submit a minor's personal information;
- the Contribution contains no malware, unlawful material, stolen credentials, classified information, or content whose collection or transfer violates law; and
- all information you give TabAI about the Contribution, your identity, location, eligibility, and payment status is accurate.
Tell TabAI immediately if you discover that a submitted Contribution may violate one of these promises. TabAI may quarantine, reject, delete, restrict, or stop distributing the affected data.
11. Prohibited Conduct
You may not:
- record activity outside an assigned task or approved environment;
- record another person's communications, calls, screen, voice, or activity without every consent required by law;
- intentionally expose passwords, authentication codes, payment-card data, financial-account data, medical records, education records, government identifiers, private keys, trade secrets, privileged communications, or other restricted information;
- remove, disable, bypass, or deceive Heka's recording indicator, censoring, secure-field handling, blocked-application settings, integrity checks, or upload restrictions;
- enable or use a developer, debug, or raw-upload path to send uncensored source data;
- submit a replay, duplicate, synthetic session, bot-generated interaction, hidden automation, or manipulated activity unless the Offer expressly requests it;
- impersonate another person, share access, falsify location or age, or misstate task completion;
- use Heka for workplace surveillance, stalking, credential collection, unlawful monitoring, or any purpose outside the contributor program;
- violate a website's, application's, employer's, client's, or account owner's terms or access controls;
- introduce malware, disrupt the Service, probe systems without authorization, or interfere with another participant;
- reverse engineer, decompile, disassemble, modify, or create derivative software from Heka except where law expressly permits it;
- copy, sell, sublicense, or distribute the App, task credentials, non-public instructions, or TabAI materials; or
- use the Service in violation of privacy, data-protection, intellectual-property, export, sanctions, tax, labor, or other law.
An App privacy filter may reduce what Heka saves, but it does not make prohibited recording permissible.
12. Confidential TabAI Material
TabAI may give you non-public task instructions, test accounts, credentials, templates, datasets, product plans, technical information, or security details ("Confidential Information").
You may use Confidential Information only to complete the assigned task. Protect it with reasonable care, do not disclose it to anyone, and delete or return it when TabAI requests. Confidential Information does not include information that you can document was public without your breach, already lawfully known to you without a duty of confidence, independently developed without using TabAI information, or lawfully received from another source.
If law requires disclosure, give TabAI advance notice when legally permitted and disclose only what the law requires.
13. Data Partners and Other Services
TabAI may provide a full Accepted Dataset to a Data Partner for AI research, training, fine-tuning, evaluation, benchmarking, safety, and commercial product development.
Before doing so, TabAI requires written terms that restrict unauthorized reidentification, contact with recorded people, credential extraction, targeted advertising, biometric identification, public release of source recordings, unlawful surveillance, decisions about employment, credit, insurance, housing, education, health care, or similar eligibility, and unapproved onward transfer. The agreement also addresses security, incident reporting, retention, and deletion.
Data Partners operate independently when they decide how to build or train their own models. TabAI does not control every later technical decision made by an independent Data Partner. The Privacy Policy explains these disclosures and the rights that may apply.
The Service may depend on Google Cloud, an enterprise Google AI service identified in a provider or task notice, macOS services, websites used in assigned tasks, and future payout, identity, tax, email, or support providers. Their own terms may govern your direct use of their services. TabAI is not responsible for a third-party service outside its control, subject to non-waivable law.
14. Heka Software License
Subject to these Terms, TabAI grants you a limited, personal, revocable, non-exclusive, non-transferable license to install and use the App on an authorized Mac solely to complete assigned tasks.
TabAI and its licensors own the App, website, branding, task systems, documentation, and all related intellectual-property rights. These Terms grant no right except the limited license stated above.
The App may include open-source software governed by its own license. An open-source license controls if it conflicts with this Section for that component.
We may release updates, change technical requirements, or stop supporting an App version. You may need to install an update before completing another task.
15. Feedback
If you voluntarily send an idea, suggestion, or feedback about Heka, you grant TabAI a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use and commercialize it without restriction or payment.
Do not send feedback that you do not have the right to share.
16. Suspension and Termination
You may stop participating at any time by declining future Offers and uninstalling Heka. Stopping does not revoke rights in an Accepted Contribution.
TabAI may suspend or terminate access, reject a Contribution, withhold a disputed payment, or end the program when:
- you violate these Terms, an Offer, task instructions, or law;
- we reasonably suspect fraud, identity misuse, sanctions risk, a security incident, or an unlawful recording;
- a Contribution creates privacy, confidentiality, intellectual-property, or safety risk;
- a provider, regulator, court, or government action requires it; or
- TabAI changes or discontinues the Service.
Termination does not remove TabAI's duty to pay an undisputed amount already earned for a valid Accepted Contribution. TabAI may refuse or recover payment tied to fraud, material misrepresentation, or a Contribution that breaches Section 10, subject to applicable law.
Sections concerning accepted licenses, ownership, confidentiality, payment records, disclaimers, liability, indemnity, disputes, and any provision that by its nature should survive will remain in effect.
17. Reports by Rights Holders
If you believe a Contribution or Dataset contains your personal information, confidential material, or copyrighted work without authority, email support@useheka.com. Include:
- your name and contact information;
- a description of the material and your rights in it;
- enough information for us to locate the task or recording;
- the action you request; and
- a statement that the report is accurate and made in good faith.
We may request identity or authority verification. TabAI may restrict, quarantine, investigate, or remove disputed material and may notify the Participant or a Data Partner when appropriate.
18. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, TABAI PROVIDES THE SERVICE, APP, TASKS, OFFERS, CENSORING, LABELS, AND RELATED MATERIAL "AS IS" AND "AS AVAILABLE." TABAI DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
TabAI does not promise that:
- any task, invitation, acceptance, payment opportunity, or amount of work will remain available;
- Heka will operate without interruption, error, delay, incompatibility, or data loss;
- censoring will find every secret, identifier, face, message, or other personal detail;
- an upload, label, annotation, quality score, AI output, or Dataset will be complete or accurate; or
- use of Heka will comply with a participant's separate employer, client, website, account, or device obligations.
You assume the risks of recording on your personal Mac and must inspect the task environment before and during a session.
Some jurisdictions do not allow certain disclaimers. This Section applies only to the extent permitted there and does not remove a warranty or remedy that law makes non-waivable.
19. Limitation of Liability
To the fullest extent permitted by law, TabAI and its directors, officers, employees, affiliates, contractors, agents, licensors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; loss of profits, revenue, opportunity, goodwill, or data; device damage; or the cost of substitute services arising from the Service or these Terms, regardless of the legal theory and even if informed that the loss was possible.
To the fullest extent permitted by law, their combined liability for all claims arising from the Service or these Terms will not exceed the greater of:
- US $100; or
- the compensation that TabAI paid or owed you for Accepted Contributions during the 12 months before the event giving rise to the claim.
The limits do not apply where law prohibits a limit, including liability that cannot legally be excluded for fraud, willful misconduct, gross negligence, death, personal injury, an unpaid amount lawfully due for an Accepted Contribution, a wage or expense right, or violation of a mandatory privacy, consumer, worker, or other statutory right.
Each limitation allocates risk between the parties and applies even if a limited remedy fails of its essential purpose.
20. Indemnity
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless TabAI and its directors, officers, employees, affiliates, contractors, and agents from third-party claims, damages, losses, judgments, penalties, costs, and reasonable legal fees to the extent caused by:
- your Contribution or your use of Heka;
- your breach of these Terms, an Offer, or task instructions;
- your fraud, unlawful recording, or misuse of another person's account or information;
- your violation of privacy, confidentiality, intellectual-property, employment, contractual, or other third-party rights; or
- a false representation or warranty in Section 10.
TabAI may control the defense of a covered claim. You must reasonably cooperate and may not settle a claim in a way that admits fault by or imposes an obligation on TabAI without TabAI's written consent.
This Section does not cover a claim to the extent caused by TabAI's or a Data Partner's use outside the license and restrictions described in these Terms. It also does not apply to the extent local consumer, worker, or other law prohibits it.
21. Export, Sanctions, and Local Law
You may not use the Service or receive payment if doing so would violate US export controls, sanctions, anti-money-laundering rules, or applicable local law. You represent that you do not appear on a prohibited-party list and do not act for a prohibited country, territory, person, or entity.
TabAI may restrict countries, tasks, technologies, payments, or access to satisfy legal or provider requirements. Availability in a language or location does not mean that every feature or Offer is lawful or available there.
You remain responsible for laws that apply to recording, privacy, consent, employment, taxes, data transfer, intellectual property, and computer access in your location.
22. Governing Law and Disputes
Before filing a claim, you and TabAI agree to try in good faith for 30 days to resolve it informally. Send a written notice describing the dispute and requested resolution to support@useheka.com and:
TabAI Inc.
670 2nd Street
San Francisco, CA 94107
United States
California law governs these Terms without regard to its conflict-of-law rules.
Except where mandatory local law gives you another right, the state and federal courts located in San Francisco County, California have exclusive jurisdiction, and you and TabAI consent to personal jurisdiction there.
These Terms do not include mandatory arbitration. They also do not deprive an EEA, UK, Swiss, or other protected resident of a court, consumer, worker, privacy, or other right that applicable law does not allow a contract to waive.
23. Changes to These Terms
We may update these Terms for future use of the Service. We will post the revised version, update the date above, and give notice of a material change when law requires it.
Changes apply prospectively from their stated effective date. The version accepted for a Contribution continues to govern the license and payment terms for that Contribution unless you and TabAI agree otherwise or law requires a different result.
If you do not agree to revised Terms, stop accepting new Offers and stop using Heka. We will request affirmative acceptance before a new Offer where law or the nature of a material change requires it. In other cases, continued use after the effective date constitutes acceptance where law permits that method.
24. General Terms
Electronic communications
You consent to receive program notices, Offers, acceptance decisions, payment records, and legal disclosures electronically. You may opt out of marketing messages without opting out of required transaction or legal notices.
Assignment
You may not assign these Terms, an Offer, App access, or a right to payment without TabAI's written consent. TabAI may assign these Terms in connection with an affiliate relationship, financing, reorganization, merger, acquisition, or sale of business or assets, subject to applicable law.
Force majeure
TabAI is not responsible for delay or failure caused by events outside its reasonable control, including natural disasters, war, civil disorder, labor disputes, utility or network failures, provider outages, government action, epidemics, or cyberattacks.
No waiver
A failure to enforce a provision once does not waive the right to enforce it later.
Severability
If a court finds a provision invalid or unenforceable, it will modify that provision only as much as needed to make it enforceable, or remove it if modification is not possible. The remaining provisions continue in effect.
Entire agreement and order of precedence
These Terms, the applicable Offer, and any additional contractual terms expressly accepted for a task form the agreement about the Service. The Privacy Policy and recording notice provide privacy information and record choices; they do not turn acceptance of these Terms into consent for every processing purpose.
For compensation and task-specific acceptance criteria, the Offer controls. The Privacy Policy describes personal-information practices, and the recording notice controls the scope of a specific consent. These Terms control contractual subjects.
Language
The English version controls to the extent applicable law permits. A translation exists for convenience unless it expressly states otherwise.
Headings
Headings help organize these Terms and do not limit their meaning.
25. Contact
Questions, legal notices, privacy requests, rights-holder reports, and security reports may be sent to:
TabAI Inc.
670 2nd Street
San Francisco, CA 94107
United States
support@useheka.com