APPLE INC.
Apple Developer Program License Agreement (App Store)
About this Contract
Apple’s Developer Program License Agreement is the contract every iOS,
macOS, watchOS, and tvOS developer signs to distribute apps on the App
Store.
Apple Developer Program License Agreement (App Store)
This Agreement (the “Agreement”) is entered into as of [EFFECTIVE
DATE] (the “Effective Date”) by and between:
APPLE INC., a California corporation, One Apple Park Way, Cupertino, CA
95014 (“Apple”), and [DEVELOPER] (“You” or
“Developer”).
Each a “Party” and collectively the “Parties”.
RECITALS
WHEREAS, Apple provides tools and a marketplace for developers to create and
distribute Applications on Apple Platforms.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. Acceptance and Internal Use License
Apple grants You a non-exclusive, non-transferable license to use the Apple
SDKs to develop and test Applications solely on Apple-branded products you
own or control.
2. App Store Distribution
You may submit Applications for distribution via the App Store. Apple may,
in its sole discretion, accept or reject any Application based on the App
Review Guidelines.
You appoint Apple as your worldwide agent (or commissionaire in certain
jurisdictions) for the marketing and delivery of Applications and In-App
Purchases.
3. Commission and Payments
Apple retains a commission of thirty percent (30%) of all Application and
In-App Purchase proceeds, reduced to fifteen percent (15%) for qualifying
Small Business Program participants and for auto-renewing subscriptions
after the first year.
Apple disburses proceeds approximately forty-five (45) days after the end of
each fiscal month, subject to minimum payout thresholds.
4. Annual Membership Fee
Developer pays an annual membership fee of US $99 (Individual/Organization)
or US $299 (Enterprise).
5. Developer Obligations
Compliance with App Review Guidelines, Human Interface Guidelines, and
Privacy Nutrition Label requirements.
App Tracking Transparency: prompt users for permission before tracking
across apps/websites.
Use Apple’s In-App Purchase API for digital goods/services consumed
within the app (subject to Reader/External Link entitlements where
permitted).
6. Privacy and Data
Developer must publish a Privacy Policy, comply with applicable privacy laws
(GDPR, CCPA, COPPA), and disclose data collection through Privacy Nutrition
Labels.
7. Apple’s Rights
Apple may remove or refuse Applications, suspend Developer accounts, and
audit Developer’s compliance. Apple is not obligated to distribute any
Application.
8. Confidentiality
Pre-release Apple software and APIs are confidential. No unauthorized
disclosures or benchmarks.
9. IP
Developer retains ownership of Applications. Apple retains ownership of all
Apple IP. Developer grants Apple license to use Application icons,
screenshots, and metadata for App Store marketing.
10. Indemnification
Developer will indemnify Apple for claims arising from the Application,
including IP, privacy, and consumer claims.
11. Warranty Disclaimer / Liability Cap
Apple SDKs provided AS IS. Apple’s aggregate liability capped at US $50
(yes, fifty dollars).
12. Termination
Either party may terminate at any time. Apple may immediately remove apps
and terminate for breach or risk to users.
13. General
California law (excluding conflicts). Disputes in Northern District of
California or Santa Clara Superior Court. Class-action waiver where
permitted.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
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APPLE INC.: By: ____________________________ Name: __________________________ Title: ___________________________ Date: ___________________________ |
COUNTERPARTY: By: ____________________________ Name: __________________________ Title: ___________________________ Date: ___________________________ |