Ginozi Acceptable Use Policy

Draft — pending review by an Australian lawyer

Document details

Operator: Madhaus Pty Ltd (ACN 659 024 290) trading as Ginozi (Australian proprietary company)
ABN: 92 659 024 290
Trading as: Ginozi
Effective date: [EFFECTIVE DATE]
Governing law: New South Wales, Australia
Abuse reports: ginoziapp@gmail.com or [REPORT URL]
Postal address: [POSTAL ADDRESS]

Related documents: Ginozi Terms of Use, Ginozi Privacy Policy, Ginozi Refund Policy, and Ginozi Freelancer (Seller) Terms. Defined terms in the Terms of Use have the same meaning in this policy. This policy forms part of the Terms of Use.

About this policy
Permitted use
Prohibited content
Prohibited conduct
Payments and Stripe restrictions
Links, previews and security
Intellectual property complaints
How to report abuse
How we enforce this policy
Relationship with other terms

1. About this policy

This Acceptable Use Policy is issued by Madhaus Pty Ltd (ACN 659 024 290) trading as Ginozi (Australian proprietary company, ABN 92 659 024 290), trading as Ginozi (we, us, our). It applies from [EFFECTIVE DATE] to everyone who uses the Platform, including Freelancers, Clients, Purchasers and visitors.

Ginozi is a pay-to-unlock file delivery platform for legitimate creative work, such as video, photography and other content created by Freelancers for their Clients. It must not be used for unlawful, harmful, or fraudulent activity, or for businesses Stripe does not allow. The Platform is an Australia-only beta. People outside Australia cannot join the beta, but may join a waitlist.

2. Permitted use

You may use the Platform to:

Upload, preview, approve, pay for, and deliver lawful creative Files that the Freelancer has the right to supply.
Attach a Usage Licence to a Delivery, and use unlocked Files in accordance with that licence and the law.
Pay Ginozi's charges where they apply: the 2% Platform Fee on the Free plan after the first 5 Sends in a calendar month, a Starter, Pro or Teams Subscription, a Purchaser's Link Extension (currently A$5), or Extra Storage at A$7 a month, including GST, for each extra 500 GB beyond the 500 GB included in a paid plan.
Contact us, report a problem or abuse, or exercise a legal right, including under the Australian Consumer Law or the Privacy Act.

You must use the Platform only in accordance with the Terms of Use, this policy, and applicable law, and only for its intended purpose.

3. Prohibited content

You must not upload, preview, deliver, request, or pay for Content that:

Is illegal under Australian law, or that you know is illegal in the place it is offered or received.
Is child sexual abuse material, or any sexual or exploitative content involving a person under 18. We will report this to the relevant authorities where the law requires or it is otherwise appropriate.
Infringes another person's copyright, trade mark, publicity, privacy, or other intellectual property or personality rights, including Files the Freelancer does not have the right to license.
Contains malware, ransomware, hidden tracking designed to harm, or other malicious code.
Is fraudulent, deceptive, or designed to trick someone into paying, including fake receipts, false Previews, or bait-and-switch Files.
Is a serious invasion of privacy, or that discloses another person's confidential or sensitive information without a lawful right to do so.
Promotes or instructs serious violence, terrorism, or crime, or is harassing or threatening in a way the law does not allow.
Is sexually explicit content, including pornography and content whose dominant purpose is sexual arousal. Sexually explicit content is not allowed on Ginozi, even if it would otherwise be lawful. Freelancers must also follow Stripe's prohibited and restricted business lists.

We may treat a watermark being stripped, a Preview that deliberately misrepresents the Files, or a Usage Licence that is hidden until after payment, as deceptive conduct under this policy.

4. Prohibited conduct

You must not:

Misuse another person's account, or create an account with false details.
Interfere with, probe, or disrupt the Platform, or try to bypass a technical or usage limit, including watermarking, payment, or storage limits.
Scrape, bulk-download, or harvest user data or Files except as the Platform expressly allows for your own Delivery.
Use the Platform to send spam, or to collect emails or mobile numbers for an unrelated purpose.
Open, share, or use a Delivery link in order to steal Files, interfere with a payment, or harm a Freelancer or Client.
Submit a false abuse report, a false infringement claim, or a false payment dispute.
Use the Platform if we have suspended or closed your access, or if the law or Stripe forbids you from receiving payment.
Encourage or help someone else to do any of the above.

5. Payments and Stripe restrictions

Delivery payments are taken so that the Freelancer is the merchant of record, using Stripe Connect Express with direct charges. Freelancers must accept the Stripe Connected Account Agreement and must not use Ginozi for a business, product, or transaction that Stripe prohibits or restricts, unless Stripe has given the Freelancer any approval that Stripe requires and the use also complies with this policy and Australian law.

You must read Stripe's prohibited and restricted business lists, which Stripe may update from time to time. They typically cover, among other things, certain adult content, illegal goods, some financial and crypto activity, unauthorised payment aggregation, and other high-risk categories. If Stripe or we tell you that a use is not allowed, you must stop that use.

You must not use stolen payment methods, false identities, or fake bank-transfer receipts. Bank transfer is Ginozi's own payment flow, available only on Pro and Teams. It is not a Stripe payment method. The Client pays straight into the Freelancer's bank account. Ginozi never holds those funds and does not charge a transaction fee on a bank transfer payment. You must not try to avoid the Platform Fee, a Subscription charge, a Link Extension charge, or an Extra Storage charge by falsifying a payment, abusing a trial, or evading a limit. Ginozi's only charges are the 2% Platform Fee on the Free plan after the first 5 Sends in a month, paid Subscriptions, the Link Extension (currently A$5), and Extra Storage. Circumventing those charges, or Stripe's fees, is a breach of this policy.

We do not offer Afterpay or other buy-now-pay-later methods. You must not hold Ginozi out as offering a payment method we do not offer.

6. Links, previews and security

Delivery links are not bound to a login, a one-time code, or an IP address. Anyone with the link can view, approve, pay, and, once unlocked, download. Client access expires 7 days after delivery. After that, the Client may ask the Freelancer to resend the link at no charge, or may pay for instant access through a Link Extension (currently A$5 for 7 more days), while the Files remain within the 12-month storage period after unlock. Freelancers must share links only with the intended Client. Clients must keep links confidential. You must not publish a Delivery link in a public place, or harvest links, in order to obtain Files or payments you are not entitled to.

You must not remove or circumvent a watermark, treat a Preview as the final Files, or interfere with another user's device, account, or payment. If you find a security vulnerability, report it to ginoziapp@gmail.com or ginoziapp@gmail.com rather than exploiting it.

7. Intellectual property complaints

If you believe Files or other Content on the Platform infringe your copyright or other intellectual property rights, write to ginoziapp@gmail.com with:

Your name, contact email, and (if you wish) a postal address.
A description of the work you own or are authorised to represent, and evidence of that right where you can provide it.
The Delivery link or other location of the Content, and a description of the allegedly infringing material.
A statement that you honestly believe the use is not authorised by the owner, their agent, or the law.
A statement that the information in your notice is accurate, and that you are the owner or are authorised to act for the owner.

We may remove or restrict the Content, contact the Freelancer, ask for more information, or decline to act if the notice is incomplete or we reasonably believe the use is authorised. A Freelancer who believes Content was removed in error may write to us with a counter-statement. We may restore the Content, keep it down, or keep an account restricted, depending on the circumstances and any court or agreed outcome.

This is a practical complaint process. It is not a formal safe-harbour scheme under the Copyright Act 1968 (Cth), and it is not a US DMCA process.

Report prohibited Content, fraud, a forwarded-link incident you need us to know about, or other abuse to ginoziapp@gmail.com or through [REPORT URL]. If someone is in immediate danger, contact the police first.

Please include the Delivery link or account involved, what happened, when it happened, and any evidence you can share. We may not be able to tell you everything we do in response, especially if that would affect another person's privacy or an investigation.

Reports of child sexual abuse material will be treated as a priority and, where required or appropriate, referred to law enforcement or to the eSafety Commissioner.

9. How we enforce this policy

We may, acting reasonably:

Review a Delivery, account, receipt, or payment, and ask you for more information.
Remove or restrict Content, Previews, or a Delivery link.
Refuse, delay, or reverse a Ginozi charge, or ask Stripe to delay a payout, where that is allowed and reasonably necessary.
Limit features, including storage capacity, suspend an account, or close an account.
Report conduct to Stripe, a bank, a regulator, eSafety, or law enforcement.
Preserve logs and Files for a period where we reasonably need them for a dispute, a chargeback, or a legal obligation, in line with the Privacy Policy.

Where practical, we will give you notice and a chance to respond before a suspension or closure that has a material effect on you, unless we reasonably need to act immediately (for example, to limit harm, fraud, or a legal risk), or the law or Stripe requires us to act without notice. If we suspend or close an account, we will tell you, where we can, whether stored Files will still be available for the ordinary 12-month storage period after unlock, and how a Client with a paid Unlock may complete a download.

Enforcement under this policy does not limit the ACL, and does not stop us or you from pursuing other legal remedies. Repeated or serious breaches may lead to permanent closure.

10. Relationship with other terms

If this policy and the Terms of Use conflict, the Terms of Use prevail, except that this policy prevails on what is permitted or prohibited on the Platform. We may update this policy in the same way we may update the Terms of Use, including the notice described there for material adverse changes.