SurfgraphixSURFGRAPHIX

TERMS OF USE, SURFGRAPHIX

Last updated: 22 July 2026

Welcome to Surfgraphix ("Surfgraphix", "we", "our", "us"), operated by Rafael Franzese, sole trader trading as Surfgraphix, ABN 42 521 911 385, Gold Coast, Queensland, Australia.

By accessing or using the Surfgraphix website, marketplace, or services ("Platform"), you agree to these Terms of Use ("Terms"). If you do not agree, do not use the Platform.

1. Definitions

  • "Platform": the Surfgraphix website at surfgraphix.com and all related services.
  • "User": anyone accessing the Platform, including Filmers and Surfers.
  • "Filmer": any person who uploads, licenses, or sells media on Surfgraphix.
  • "Surfer / Customer": anyone browsing, purchasing, or accessing media.
  • "Content" / "Media": any photo, video, text, or material uploaded to Surfgraphix.
  • "Session": footage filmed at a surf location on a specific date and time.
  • "Booking": a scheduled surf shoot between a Surfer and a registered Filmer arranged through Surfgraphix.
  • "Facial Recognition": our optional, opt-in service that compares faces detected in uploaded footage against the enrolled facial templates of consenting Surfers.
  • "Tagging": the manual identification of a Surfer in a specific clip by a Filmer, without the use of biometric data.

2. What Surfgraphix Provides

Surfgraphix is a marketplace where Filmers upload surf footage and Surfers can discover and purchase clips featuring themselves. Discovery works through session browsing, filmer tagging, preferred-beach email notifications, and the optional Facial Recognition service.

Surfgraphix:

  • is a technical marketplace and payment facilitator, not the creator or seller of media; the sale contract for media is between the Customer and the Filmer
  • does not verify the identity of Surfers or Filmers
  • does not guarantee that footage will include a specific surfer
  • is not involved in filming, uploading, or editing content
  • is not the provider of videography services for booked sessions
  • may use third-party service providers for hosting, storage, processing, payments, notifications, and delivery
  • does not guarantee accuracy of Facial Recognition matching and is not responsible for false positive or false negative results

3. Eligibility and Accounts

You must be at least 16 years old to create an account. If you are under 18, you may only use the Platform with the involvement and consent of a parent or legal guardian.

You agree to: provide accurate information, keep your login details secure, not impersonate another person, not create multiple accounts to abuse the Platform, and provide truthful photos of yourself only if using Facial Recognition. You are responsible for all activity under your account. Surfgraphix may suspend or delete accounts that violate these Terms.

4. Filmer Responsibilities

Filmers are solely responsible for all content they upload or sell and for all videography services they provide through Bookings.

By uploading content, the Filmer represents and warrants that:

  • They own the copyright or hold full rights to license and sell the footage
  • The content does not infringe any copyright, trademark, privacy, or other rights
  • The content does not contain illegal, defamatory, pornographic, or dangerous material, and is related to surfing
  • They filmed in compliance with Australian law and local filming regulations, including any permits required for commercial filming at specific locations
  • Where the law of the filming location requires consent or another legal basis for filming, publishing, or selling footage of identifiable people, they have obtained it; where no consent is required, a valid legal basis exists
  • They understand uploaded content is automatically processed by our systems, including transient facial analysis used solely to match enrolled, consenting Surfers
  • When Tagging, they will only tag or name a person they reasonably believe is the surfer shown in the clip, and only for the purpose of that person finding their own footage
  • They will respond to and support content removal requests concerning people depicted or named in their footage

Surfgraphix does not obtain consents from depicted persons and does not systematically verify the Filmer's representations. We rely on those representations and provide the Platform as a technical marketplace. Filmers indemnify Surfgraphix against third-party claims arising from a breach of the representations in this Section.

Surfgraphix is not responsible for: incorrect identification of surfers (through Facial Recognition, tagging, or otherwise), misconduct of Filmers, copyright disputes created by Filmers, legal issues arising from footage creation, or any issue relating to Bookings, including cancellations, quality, delivery, delays, or disputes.

5. Licence from Filmer to Surfgraphix

By uploading content, the Filmer grants Surfgraphix a non-exclusive, worldwide, royalty-free licence to:

  • store, host, display, reproduce, and deliver the content through the Platform
  • process the content technically (compression, format conversion, thumbnails, watermarked previews, streaming)
  • process the content through automated facial analysis to match enrolled Surfers
  • use previews or short excerpts of the content to market and promote Surfgraphix, including on our website and social media (Filmers may opt out of promotional use by emailing contact@surfgraphix.com)

Surfgraphix never claims ownership of the content. Copyright always remains with the Filmer.

6. Sales, Payments, and Payouts

Filmers set their own prices unless otherwise agreed. Commission rates and any subscription fees are those shown at sign-up or in your dashboard.

For each sale, the Customer purchases a personal-use licence as described in Section 7.

Surfgraphix uses third-party payment processors for purchases and subscriptions, does not directly process or store full card details, and does not manually handle customer payments.

Payouts to Filmers are released periodically, minus commissions and fees. Surfgraphix stores banking details of registered Filmers solely to process payouts and may hold payments temporarily where fraud or disputes arise. Filmers are responsible for their own tax obligations on earnings.

Chargebacks. If you initiate an unjustified chargeback, we may suspend your account and, to the extent permitted by law, recover resulting costs from you.

7. Customer Licence for Purchased Media

On purchase, the Customer receives a personal, non-exclusive, non-transferable licence to use the media, including personal use and sharing on the Customer's personal social media accounts.

Not permitted without the Filmer's written permission: commercial use (including advertising, sponsorship materials, and brand promotion), resale, redistribution, sublicensing, or providing the media to third parties. Customers must not claim authorship of the media or remove watermarks from preview media.

Customers must not enroll photos of other people in Facial Recognition or use Facial Recognition for surveillance, harassment, or any unlawful purpose.

8. Facial Recognition Services

8.1 Voluntary and optional. Facial Recognition is completely optional and off by default. You are not required to enroll to use any other feature.

By enrolling, you: voluntarily provide explicit consent by ticking the consent checkbox; authorise collection and processing of your facial photos and the biometric template generated from them; agree to automated comparison of your template against faces detected in footage on the Platform, including newly uploaded sessions and, when you use the "Find my clips" feature, existing sessions; acknowledge that candidate matches may be verified by third-party AI vision services that transiently receive your enrollment photo and the matched frame, as described in the Privacy Policy; consent to email notifications when matches are confirmed; confirm you are at least 18 years old; and confirm the photos you submit are of yourself only.

8.1A Enrollment at checkout. As an alternative to portrait enrollment, when buying a clip you may tick the optional "I am the surfer in this clip" checkbox. Ticking it constitutes the same explicit consent as Section 8.1, applied to the frames of the clip you purchased: your facial template is generated from those frames, your claim to the purchased clip and any candidate matches are human-reviewed before confirmation, and confirmed results are emailed to you. The checkbox is off by default and never required to complete a purchase. By ticking it you confirm the purchased clip shows you (not someone else), and that you are at least 18 years old.

8.2 How it works. You upload a clear front-facing portrait photo (required) and optional left and right angle photos. Our system generates a facial template stored in the Sydney, Australia region. When Filmers upload sessions, frames from each clip are compared against enrolled templates. Candidate matches above our confidence threshold are verified before confirmation, and a confirmed match triggers an email notification to you with a watermarked preview.

8.3 People who are not enrolled. Faces of non-enrolled people detected during processing are analysed transiently only, are not stored or identified, and cannot be searched. Surfgraphix does not offer selfie-based search of other people.

8.4 Accuracy disclaimer. Facial Recognition is not 100% accurate. False positives and false negatives may occur, and accuracy depends on photo quality, lighting, angles, distance, and other factors. Surfgraphix does not guarantee you will be notified of all sessions in which you appear.

8.5 Prohibited uses. You must not: enroll photos of another person without their consent; use Facial Recognition for surveillance or tracking; harass, stalk, or harm anyone using this service; violate anyone's privacy rights; or submit false or misleading photos. Violation may result in immediate account termination and legal action.

8.6 Your rights. You may at any time update your enrollment photos, opt out through account settings, or request deletion by emailing contact@surfgraphix.com with the subject "Facial Recognition Request". Enrollment photos and biometric templates are permanently deleted within 48 hours of request. Opting out does not remove existing footage featuring you; to remove specific media, use Section 9.

8.7 18+ only. Facial Recognition is available only to individuals aged 18 or older. Every enrollment path requires you to confirm you are 18 or older, and we do not offer Facial Recognition to minors. We will immediately delete biometric data if we discover enrollment by anyone under 18. Minors may still be manually tagged and may purchase their own clips; those features do not use biometric data.

8.8 Tagging. Independently of Facial Recognition, a Filmer may manually tag a Surfer in a clip. If you are tagged and hold an account, you will be notified by email. A Filmer may record the name of a person without an account so that person can be identified if they later register. Where a clip has both a manual tag and a Facial Recognition match, the manual tag prevails. Anyone may request removal of a tag or associated name under Section 9.

9. Content Removal

Surfgraphix may remove or block content that violates these Terms, infringes copyright, is unsafe, harmful, or illegal, or receives a valid takedown notice. Repeated copyright violations may result in account termination.

Anyone (account holder or not) who does not want footage featuring them, or a tag or name linked to them, displayed on the Platform or on Surfgraphix social media may request removal by emailing contact@surfgraphix.com with the subject "Content Removal Request", including the beach, date, and approximate time. We will promptly delete or block access to the media featuring the requesting person and remove any associated tag upon a valid request.

10. Assumption of Risk

Surfing and ocean activities involve inherent danger, including serious injury and death. Surfgraphix does not supervise, organise, or encourage any surf activity and is not responsible for accidents, injuries, or losses occurring during any surf session or Booking. You participate at your own risk.

11. Australian Consumer Law

Nothing in these Terms limits your rights under the Australian Consumer Law (ACL). If a digital product is defective or not delivered, you may be entitled to a remedy under Australian law. Subject to the ACL, all sales of digital media are final. Facial Recognition is provided "as is" without guarantees of accuracy or completeness.

12. Limitation of Liability

To the maximum extent permitted by law, Surfgraphix is not liable for: errors made by Filmers; incorrect surfer identification (including Facial Recognition errors and false positive or false negative matches); copyright misuse by Filmers; loss of profits or data; surfing injuries or risks; delays, outages, or technical issues; inaccurate or missed session or match notifications; any content posted by Users; or any issue relating to Bookings, including the quality, timing, fulfilment, delivery, cancellation, or performance of Filmers.

To the maximum extent permitted by law, Surfgraphix's total aggregate liability for any claim will not exceed the greater of the fees Surfgraphix retained from the transaction giving rise to the claim or AUD 100. This does not exclude liability that cannot be excluded under the ACL.

13. Indemnity

You agree to indemnify Surfgraphix against any claim, cost, or liability arising from: your content; your misuse of the Platform or Facial Recognition services; your breach of these Terms; copyright or legal disputes involving your uploads; enrolling facial photos of others without consent; or violations of privacy laws caused by your conduct.

14. Privacy

Your personal information, including any biometric information you consent to provide, is handled in accordance with our Privacy Policy, which forms part of these Terms. We do not sell your data.

15. Changes to Terms

Surfgraphix may update these Terms at any time. We will notify registered users of material changes by email or a notice on the Platform. Continued use after notification constitutes acceptance. If you do not agree with updated Terms, you may delete your account.

16. Governing Law

These Terms are governed by the laws of Queensland, Australia. The courts of Queensland have jurisdiction over disputes arising from these Terms, subject to mandatory consumer protections that may apply in your place of residence.

If any provision of these Terms is invalid, the remaining provisions remain in effect.

17. Contact

Surfgraphix Rafael Franzese trading as Surfgraphix, ABN 42 521 911 385 Gold Coast, Queensland, Australia Email: contact@surfgraphix.com Website: https://surfgraphix.com

For facial recognition inquiries or deletion requests, use the subject line "Facial Recognition Request". For removal of footage featuring you, use "Content Removal Request".