Selling a Product More then once

[zwaaikip]

Hi,

Recently I was interested in maby selling a product of mine to multiple buyers sort of like a starting product where they can request me more features and stuff they would like added. I couldnt find anything in the TOS against this but is this allowed?
 

Kind Regards,

Zwaaikip

[uk1000]

I think as long as it's customized for each buyer and the buyers know from the gig description exactly what they're getting (and that it won't be totally unique) then it should be okay but I'd check with customer support to be sure/safe.

eg. I'm think I read that Fiverr didn't want the same ebook or something similar being sold to many buyers (because it wasn't custom to the buyer). But something customised enough (whey know exactly what they'll get) should be okay if they know.

Edited January 23, 2023 by uk1000

[zwaaikip]

Just now, uk1000 said:

I think as long as it's customized for each buyer and the buyers know from the gig description exactly what they're getting (and that it won't be totally unique) then it should be okay but I'd check with customer support to be sure/safe.

eg. I'm think I read that they didn't want the same ebook or something similar being sold (because it wasn't custom to the buyer). But something customised enough should be okay if they know.

Hi,

So as response to this I asked a bit about my ban and it wasnt close to anything like "Boosting" what support firstly said It was that fiverr thought I was selling a "Pre made" game over and over sadly I wasnt doing that and I was making small changes to each order people bought kind of like a starting product / template and u can add small changes to it like features and such. I dont think that is against TOS or did they change it again and I wasnt notified?

Regards

[uk1000]

I don't know if there's a specific rule in the TOS about it. I don't remember seeing one. I think I saw something metioned in some forum post that someone got from support about Fiverr not wanting the same thing given to multiple people - even if the buyer knew (that they wanted custom deliveries). I could be wrong though.

This is the TOS if you want to check https://www.fiverr.com/terms_of_service?source=footer

There's also the rules here that you can check: https://www.fiverr.com/community/standards/intellectual-property

That 2nd link talks about "non original standards" and " it is of the utmost importance to us that original work is presented and delivered at all times" - but that might just be talking about not copying other work you see (eg. copyright/trademarked stuff). If you had given the same game without the buyer knowing then the buyer would have have assumed they had copyright in it when someone else would have had the same one.

For the game - if you're giving them copyright and they might want to sell that game then I think you'd need to make sure things are are unique enough (eg. if it use the same graphics as a previous game then that could be a problem if they wanted to sell that game) and 2) might have to tell the buyer if it's going to be similar in the way it works to some other game.

It also says this about templates:

Quote

* In case you decide to start your design work by using a template, please be sure that your final delivered design is significantly different from the template design, that it has a new look and feel, a unique concept, or transformative use.  

* You are permitted to provide a service that relies on templates found online, but please specify that in your Gig.

So if you made it clear in your gig (description or somewhere) that the games you create were based on some sort of template (if they were) then that should have been okay I think.

Edited January 23, 2023 by uk1000

[zwaaikip]

I just checked out both links and I couldn't find anything against this just Support saying it is against the TOS I might have to ask Fiverr Support about this since I cant find this anywhere. If it is a rule it should be in the TOS all they said to me was this "premade product but not service out of scratch which is not allowed and is against the guidelines." "As per the guidelines, all sellers can only provide services that are customized for each buyer on the platform." Maby u got a opinion on this or any help!
Thanks

[uk1000]

You said " I wasnt doing that and I was making small changes to each order people bought kind of like a starting product / template and u can add small changes to it like features and such".

Like I said, if they it depends what the buyers knew. If you were only making small changes and the buyer didn't know that the same game, with the same graphics had been sold before (but with slightly different features) that that would be a problem for the buyers - eg. the copyright to the delivery is supposed to go to the buyer, and if you used the same graphics as a previously sold game then they couldn't sell that game you delivered if there'd be a copyright issue with a previously sold game if the graphics were the same as that.

But if all the graphics was different and it was unique enough then that could be okay. eg. lots of games are probably created with the same game engine. It depends what you wrote in the description. In the link above they also say about the need to say whether it's a template system if it is (but they're probably talking about different sorts of templates there).

Did you make it clear what you were doing in the description? And about whether you are delivering the same graphics (if you were)?

edit: if they were all roblox games not totally new games that they might want to sell that's probably different, but I think you'd still need to have let them know what things were unique to them and what things were being given to everyone maybe.

But if you made it exactly clear in the description and the buyers knew exactly what they were getting and they were all customised then it could be okay.

Edited January 23, 2023 by uk1000

[zwaaikip]

Hi, 

I sadly cant look at my gig anymore since its denied and cant look at it now. But I said this or something along these lines "This is a pre made template where u can request changes to to make it unique"