- Seller or Author — This is an Ozzu member who has agreed to these seller terms and have listed their own products or items in the market for others to buy.
- Buyer or Customer — This is also an Ozzu member who has agreed to our market terms when creating an account at Ozzu and has or will be purchasing items from other members.
- Item or Product — When we refer to your item or product we are referring to the item that you intend to sell in the Ozzu Market which includes the item or product and all parts thereof including any and all assets that make up part of that item.
It is important to note that a seller can also be a buyer. That is, you can list items in the market for customers to purchase, and you can also be a customer and purchase items from another market author. For any given transaction between two Ozzu members there will always be a single seller and a single buyer.
Listing Your Items / Products
Once you become a seller you will have access to an area on Ozzu that will allow you to list your items. You will be required to fill in numerous details about your product including uploading screenshots so that potential buyers can get a preview of what to expect, numerous textual details describing your product and features, as well as a prices for different license types that you are wanting to list at. You will also need to package your product together to submit with the request.
You understand and agree that Ozzu is not required to list any of the items you submit. Once you have submitted your item it will then be reviewed by an Ozzu team member who will look at your product and determine if it can be listed in the Ozzu Market. From there your submission will be scored and evaluated after which it may be then be approved and listed in the market or sent back to you for further edits and improvements. At any given time your item will contain one of the following statuses:
- Draft — Your item will have the status of draft if you have not actually submitted it to us yet. Our system will allow you to work on your item and come back to it at a later time if you wish. This will allow you to continue to work on it over time until you feel its ready for us to review. When your item has the draft status it is hidden and only visible to your account.
- Submitted — Once you submit your item it will have a status of submitted next to it. At this point you will no longer be able to make any edits or changes to your item. Your item is placed in a queue for Ozzu to review and to determine if it will be accepted and listed, require changes, or is rejected. Your item is still hidden and only visible to your account and/or Ozzu team members.
- Needs Improvement — The review has been completed and this could mean anything from the packaging of your item needs work, issues with your item itself, unreasonable pricing, or submission issues such as preview images uploaded being of poor quality, textual content was not written well, or not meeting our general guidelines in one way or another. If your item has a status of needs improvement it means that you are getting close to having your item listed in our market, but you are not quite there yet, and thus it is still hidden and only visible to your account and/or Ozzu members. You will see a score next to different areas of your listing and a general note as to why it is unable to be listed yet. You are expected to edit your listing and make changes to improve it. Once you are done making your changes you should submit the item again. Once you submit the item the status will change back to submitted where it will be queued up to be reviewed again.
- Rejected — If your listing is rejected it means that either your item was not appropriate for our market, or your submission did not meet our listing requirements, usually regarding quality. A short note will be provided as to the reason for rejection. If an item is rejected it cannot be listed in our market and you should not re-submit again. Members who re-submit the same rejected product may have their seller status revoked and at that point will be unable to submit or sell any products in our market.
- Live — Congratulations! If you have the live status next to your item it means others can now view and purchase your item. At this point forward you can still submit edits or changes to your listing without removing the live status, but they will need to be reviewed first.
- Hidden — Once your item is live, at any given time you can put the status to hidden if you do not want it showing in the market for whatever reason. If you have a product that you put as hidden, you can always put the status back to live if you want it be available for others in the market again.
- Removed — If your item is removed it means at some point either you requested to have your item removed or Ozzu staff has determined that your listing no longer qualifies to be listed in the market. An item that is removed can no longer be purchased, and any customers who purchased this item in the past will be unable to download the product. We advise customers to download their purchases immediately in case it gets removed in the future.
In addition to the status of your listing, it will also contain a score between 1-100 that is only visible to you. Having a high score means you will be shown more prominently throughout the Ozzu Market and have a better chance of being a Featured Item. Keep in mind that once an item is approved, you can still go in and update your listing to keep it current, or to try to increase your score. Anytime you submit changes to your listing it will go back through the approval process by an Ozzu team member while the currently approved version is still live and visible to customers. Part of the item score is determined by freshness, in other words, when it was last updated. A listing that continues to age without having any updates will start seeing a its score deteriorate after one (3) months.
How Selling Works
No Terms Variation
All item assets or components must be delivered immediately after the customer purchases your item, with no barriers to that immediate download. Therefore, when submitting your product to be in the Ozzu Market you should include all required assets in order for your item to work as described. When a customer completes a purchase of your item they will have immediate access to download your packaged item from the Ozzu system. At no point before, during, or after the customer purchases your item should they be required to download any portions of said item outside of Ozzu in order to fully utilize that item.
When listing your item in our Market you can choose whether or not your item is supported, and if that initial support term is free or at an additional cost. Additionally, once the support term has expired a customer can extend support for an additional charge.
If you choose to support your items, which may influence a customers decision to buy your item, you agree that you will follow through and provide support for those customers in a timely manner (within 48 hours of their request). Sellers who provide quick support will likely have happier customers, less refunds and chargebacks, and repeated buyers for other items they offer.
If you need to temporarily suspend support due to unforeseen circumstances, an upcoming vacation, or for another reason you will select the period of time in your seller account settings for which you will be unavailable to provide support. You understand that being clear and upfront with customers about your availability to support your item(s) will increase customer loyalty and satisfaction. You also understand that if you continuously fail to provide support in a timely manner and have not updated your account status to any sort of temporarily limited availability, then Ozzu may, at it sole discretion terminate your ability to provide support and possibly terminate your account or ability to list your items. If you do not want to support your items, or are unable to consistently provide support in a timely manner then you should not select the option that says you are providing support for your items. You will either provide great timely support, or no support.
Your Warranties & Responsibilities
You agree and affirm that any items and/or assets you make available via the Ozzu Market will not violate our Acceptable Use Policy. As clearly stated in our Acceptable Use Policy you agree and affirm that your item and/or assets contained in your item will not violate any third-party rights of any kind including, but not limited to Intellectual Property Rights or rights of privacy such as patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service marks, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction. Ozzu reserves the right to ban or remove access to Ozzu if you receive one or more copyright complaints against your listed items and/or assets. You understand that publishing your item on Ozzu is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. You affirm, represent, and warrant the following:
- You have the full right, power and authority to enter into this agreement and to fully perform all of your obligations.
- Your items and all parts thereof are owned and controlled by, or licensed to you, and your use of Ozzu is permitted by applicable law and by all applicable rightsholders. You retain all Intellectual Property Rights to your posted item.
- If your item contains music and/or lyrics, you own or have acquired all rights to use such music and/or lyrics and any sound recording from the owner of the copyright in such music and/or lyrics or sound recording.
- Your item and Ozzu's use as contemplated by these terms will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- To the extent that your item contain identifiable third parties or landmark(s), you represent that you have obtained written consent and/or model and property release(s) of those third-parties pictured, to use such third party's name or likeness and grant Ozzu all of the license rights set forth in the applicable licenses including the personal, commercial, and extended commercial. You also warrant that each such third party has released you from any liability that may arise in relation to such use.
- You are not reselling an item that you did not create, even if technically allowed under and open source license such as the GNU General Public License (GPL) or via another license. We only want to offer original, unique items to our community. It is okay if some parts of your item is licensed under GPL or another open source license as long as those portions only contribute to your unique item as a whole and is not the main focus of what you are selling.
- Ozzu may exercise the rights of your item granted under these terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- Any items you list are of acceptable quality and fit for the purpose for which it is sold in the Ozzu Market.
- You will not provide inaccurate, misleading or false information to Ozzu or to any other member or visitor of Ozzu. If information provided to Ozzu or another member or visitor subsequently becomes inaccurate, misleading or false, you will promptly notify Ozzu of such change.
- You will not use Ozzu to direct other members or visitors to other services or sites to purchase items.
- By using Ozzu to sell one or more of your items, you agree to pay Ozzu fees for any such transactions, assume full responsibility for the content of your items offered, and accept that Ozzu cannot guarantee exact listing durations.
- Ozzu may, in its sole discretion, provide you with optional recommendations to consider when creating your listings and may also by default use recommending prices for your items. Your use of pricing recommendations or default pricing is optional, at your own risk, and Ozzu does not warrant that such prices will be the most effective for your items. You agree that you are not relying on any pricing recommendations from Ozzu.
- Your items abides by or is in compliance with our Acceptable Use Policy.
- Any personal information obtained about the customer will be processed in accordance with applicable privacy law and data protection regulations.
- You will not use Ozzu to offer non-Ozzu goods or services to buyers.
- You will not buy your own items.
- When you mark your item as supported you will provide buyers of your item with support for the included period whether free or purchased and for any support extension purchased.
- You will follow any seller guidelines provided by us, act in good faith, and provide assistance and cooperation as we reasonable request.
- You agree to abide by any seller guidelines or policies set forth by Ozzu.
By submitting any items to be listed in the Ozzu Market you expressly grant, and you represent that you have all rights necessary to grant, to Ozzu a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such items and your name, voice, and/or likeness as contained in your item, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Ozzu, including without limitation for promoting and redistributing on part or all of Ozzu (and derivative works thereof) in any media formats and through any media channels. You affirm that any items and assets contained in your items are cleared to be sold under the applicable licenses listed below:
You also hereby grant each member of Ozzu a non-exclusive license to access your submitted content that is listed in the Ozzu Market, as permitted through the functionality of Ozzu and under these Seller Terms and applicable license. You grant and/or authorize Ozzu to grant each member of Ozzu who purchases your item with all the rights, and subject to all the restrictions, described in the applicable license that the member selected when purchasing. You should review the above licenses carefully before uploading and listing any items in the Ozzu Market.
If certain parts or assets of your item contains an open source or creative commons license that would conflict with the licenses we offer to customers, you will identify those components that conflict in your item listing and in a file in your packaged item. Those other license(s) will apply to those components instead of the licenses we offer. Our licenses will apply to the rest of the assets in your item.
If some of your assets in your item contain a GNU General Public License (GPL) or another open source license it will be applied in one of the following ways:
- An item of yours, even if entirely created by you, may be partially subjected to the open source license then a split license applies. This means that the open source license applies to an extent that's determined by the open source license terms and the nature of the item, and our other licenses apply to the rest of the item. This is common for themes and plug-ins for WordPress and other open source platforms.
- Alternatively if you choose to apply a GPL license for your work, it may apply to the entire item. This means that none of our licenses will apply and only the GPL license. When creating your listing for your item on Ozzu you can select which licensing to use.
If a buyer of your item is using the item in accordance with the terms of the applicable license that was purchased and another person or party makes a claim against that buyer that they are infringing on their intellectual property or other rights of that third party then you shall be liable and provide indemnity (legal protection) to that said buyer against damages awarded by a court as long as the buyer promptly notifies you about the claim and provides you the option to control the defense at your own cost.
If you receive additional personal information from a customer above and beyond what Ozzu has already provided to you directly from the customer, then you must:
- Provide a privacy notice so tha the customer is aware of how you will handle their personal information.
- Obtain permission to process their information in any way different than already outlined here.
- Use their personal information only for the limited purposes for which the customer gave you permission.
- Abide by any privacy laws, data protection regulations, or spam law requirements.
Earnings & Payouts
Unless otherwise agreed upon in writing, Ozzu shall send requested payouts on the 20th of each month. To be eligible for a payout on the 20th, you must have been eligible by the last day of the previous month. To be eligible for payment you must have selected and setup a payment destination, and have met the minimum payout threshold. Available payout methods or destinations are subject to change. A minimum threshold of $100.00 must be met before a payout can be requested to be sent to your chosen payment destination. For example, to be able to receive a payment on May 20th, you would need to have your payment destination chosen and setup in your account, and meet the minimum required amount of $100.00 on or before April 30th. All times are tracked in UTC. Any amounts not eligible for payout will be carried over into the the next month.
In order for earnings to be generated, you authorize us to collect payments from the sales of your items and then after subtracting fees as mentioned below, credit the remaining portion to your account at Ozzu which will be payable to you. We will hold the balance of earnings in your Ozzu account until they have been paid out to you.
The items that you sell in the Ozzu Market will earn you a different percentage of revenue depending on if you are selling that item exclusively with Ozzu. It is completely up to you, but authors who list their items exclusively in the Ozzu Market are rewarded with an increased percentage of revenue for each sale that the item produces. When you submit an item to be listed you will select an option as to whether that item is exclusive or not. Once an item is listed you can always change the exclusivity status for that item. Whenever changing the status to be exclusive, that is effective immediately, but be sure that that your item is not be offered any place else or you may lose your ability to select exclusive status for your products. Whenever changing a product to being non-exclusive you agree that you will wait at least 30 days from the date of change before listing that product elsewhere. On your account you are more than welcome to have some products as exclusive, and some products as non-exclusive as long as your honor the terms of this agreement.
Items that are related to each other must all have the same exclusivity status. That means that you cannot list a product in the Ozzu Market as exclusive, but then offer a "Lite" or "Pro" version that is slightly different elsewhere. Under the terms of this agreement, all items that are similar to each other must have the same exclusivity status.
Per these seller terms, we consider another item related if they fall into any of these categories:
- Item Versions — Any item that appears to be from the same product line or connected in some way
- Addons — A core item and any separate addon components would all be related to each other. Addons generally are designed to work with a core item and to enhance its features.
- Ports — Any item that is ported for another platform or framework would be considered a related item. For example, you might offer the same theme that is available to Wordpress, Magento, Drupal, or other platforms.
- Variants — Items delivered in different ways but are comparable to each other.
Ozzu reserves the right to determine whether two items fall within the same product family.
How Earnings Are Calculated
How earnings are calculated may be changed at any time, this information will be updated if the pricing structure changes.
Ozzu will charge a seller fee which is deducted from your gross sales. This fee will vary depending on the exclusivity status of the item and your total sales generated. If the item is set to being non-exclusive, then the seller fee is calculated as 50% of the gross sales for that item. So for example if the non-exclusive item generated $50,000 in gross sales then the seller fee would be calculated as follows:
$50,000 Gross Sales * 0.50 = $25,000 Seller Fee
Thus the total amount earned by the seller for that item would then be $25,000 calculated like this:
$50,000 Gross Sales - $25,000 Seller Fee = $25,000 Earned
If you are selling the item exclusively with Ozzu, then the seller fee will instead be determined from the chart below
|Account Total Sales
The seller fee is deducted at the time the sale is recorded which means as you earn more and more the seller fee becomes less until eventually leveling out at 10% of each sale. Thus if you have just started selling on Ozzu then your first $50,000 in earnings for an exclusive item would look like this:
$10,000 Gross Sales - ($10,000 * 0.400) Seller Fee = $6,000 Earned
$10,000 Gross Sales - ($10,000 * 0.375) Seller Fee = $6,250 Earned
$10,000 Gross Sales - ($10,000 * 0.350) Seller Fee = $6,500 Earned
$10,000 Gross Sales - ($10,000 * 0.325) Seller Fee = $6,750 Earned
$10,000 Gross Sales - ($10,000 * 0.300) Seller Fee = $7,000 Earned
$50,000 Total Gross Sales
-$23,500 Total Seller Fees
$26,500 Total Earned
As you can see as the total earnings of your account increases the seller fee continues to decrease over time and your portion of earnings increase. The rates you get charged for seller fees is determined by the total sales in your account. So if your account has been non-exclusive and you have generated $1,000,000 in sales to date, then if you decide to start selling an exclusive item at that point it will only have a seller fee of 11.00% deducted from sales of that item. Thus, if that exclusive item now generates an additional $1,000,000 in sales with no other sales in the account, then the total seller fee deducted would be $110,000, which would result in $890,000 earned for yourself as shown below:
$1,000,000 Gross Sales - ($1,000,000 * 0.110) Seller Fee = $890,000 Earned
So the important point here is that the total sales on your account determine your seller fee for items that you are selling exclusively in the Ozzu Market. The seller fee is deducted at the time the sale takes place on a per item basis. If the sale of an item pushes you past one of the thresholds to get you a lower seller fee, that lower seller fee would be applied to the next sale.
Refunds & Resolving Disputes
You agree and authorize us to deduct from your account any refunds or sales that result in chargebacks. These deductions may also include any related fees related to chargebacks, unauthorized, or other reversed transactions. If you breach any warranties or responsibilities you have made to us we may also offset any amount we have to pay as a result of your breach, against your account and any future payments due to you.
You also agree to work with customers who have purchased your items as described in our refund policy. You also agree to our dispute policy as described in our refund policy and that if you are unable to come to an agreement with a customer that Ozzu will make a decision based on all information provided and you agree that our decision is final.
Any deductions from your earnings that are made will reduce your account's total sales that we use in calculating what seller fee is imposed on you for sales of your items.
You are responsible for all fees related to us transferring earnings in your account to your payment destination. This includes any fees related to currency conversion to transfer USD funds into your preferred currency, and any fees related to your financial institution that they charge you in order to convert or receive those funds. We do not control currency conversion rates or any of these fees imposed on you from your financial institution.
As a seller in the Ozzu Market, you are responsible for paying any taxes that apply to your earnings with the exception of sales tax for buyers located in "marketplace states" in the United States as those sales taxes will be collected with the sale of those items.
If required by law, we may deduct or withhold taxes in connection with you being a seller on Ozzu. If this case applies we will provide you with any required documentation as required by law about the deduction or withholding.
We collect geographic location information to determine where you are located. You may be required to provide us tax-related documentation to identify you for tax purposes and you affirm that any information you provide to us is accurate. Tax related information provided to us may be disclosed to contracted accounting firms, regulators, or government authorities in connection with us fulfilling any of our tax related legal duties. Form W-9 is usually required for US sellers, and form W-8 for non-US sellers.
Special Arrangements or Rates
In the majority of cases the rates that are applied to seller accounts are either the non-exclusive or exclusive rates as mentioned above. There are times in which we will grant special rates when attempting to kick off new areas or to grow specific types of content in certain categories. If you have a considerable sized collection of high-quality items to help us expand to an area we are currently not selling in please reach out to us.