Hagens Berman Antitrust Class-Action Lawsuit Against Apple's App Store Fees

Case 5:22-cv-04437 Document 1 Filed 08/01/22 Page 1 of 251
1 Steve W. Berman (pro hac vice forthcoming)

Robert F. Lopez (pro hac vice forthcoming)
2 Abigail D. Pershing (pro hac vice forthcoming)
HAGENS BERMAN SOBOL SHAPIRO LLP
3 1301 Second Avenue, Suite 2000
Seattle, WA 98101
4 Telephone: (206) 623-7292
5 Facsimile: (206) 623-0594
[email protected]
6 [email protected]
[email protected]
7
Ben M. Harrington (SBN 313877)
8 HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
9 Berkeley, CA 94710
Telephone: (510) 725-3000
10 Facsimile: (510) 725-3001
[email protected]
11
12 Attorneys for Plaintiffs Société du Figaro, SAS,

L’Équipe 24/24 SAS, le GESTE, and the
13 Proposed Classes
14 [Additional counsel on signature page]

15
UNITED STATES DISTRICT COURT
16
NORTHERN DISTRICT OF CALIFORNIA
17
SAN JOSE DIVISION
18
SOCIÉTÉ DU FIGARO, SAS, a French simplified No.
19 joint-stock company; L’ÉQUIPE 24/24 SAS, a
French simplified joint-stock company, on behalf of PLAINTIFFS’ CLASS ACTION
20
themselves and all others similarly situated; and LE COMPLAINT FOR VIOLATIONS OF THE
21 GESTE, a French association, on behalf of itself, its SHERMAN ACT, CALIFORNIA UNFAIR
members, and all others similarly situated, COMPETITION LAW, AND CALIFORNIA
22 CARTWRIGHT ACT
Plaintiffs,
23 JURY TRIAL DEMANDED
v.
24
25 APPLE INC., a California corporation,
26 Defendant.
27
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011083-11/1969605 V1
1 TABLE OF CONTENTS
2 Page
3 I. INTRODUCTION ...................................................................................................................1
4 A. Apple’s willful, anticompetitive, and unjustifiable monopoly ....................................2
5 B. Alternatively, Apple’s willful, anticompetitive, and unjustifiable

monopsony ................................................................................................................10
6
C. Requested redress ......................................................................................................10
7
II. JURISDICTION ....................................................................................................................11
8
III. VENUE..................................................................................................................................11
9
IV. PARTIES ...............................................................................................................................12
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A. The Plaintiffs .............................................................................................................12
11
1. Individual Developers ...................................................................................12
12
a. Figaro .................................................................................................12
13
b. L’Équipe ............................................................................................14
14
2. Association—Le GESTE...............................................................................16
15
B. The Defendant ...........................................................................................................18
16
V. RELEVANT FACTS.............................................................................................................18
17
A. As They Must, iOS Developers Distribute Their Native Apps and
18 Digital In-App Products in or via Apple’s App Store, Or in Apps
Acquired Therefrom, On Apple’s Terms ..................................................................20
19
1. Inception of the App Store ............................................................................20
20
2. The scale of the App Store ............................................................................20
21
3. Plaintiffs’ and the classes’ iOS device-specific digital
22 products .........................................................................................................22
23 4. How iOS app and in-app product distribution works ....................................23
24 B. Apple has willfully monopolized the market for iOS app-
distribution and IAP services.....................................................................................25
25
1. The market .....................................................................................................26
26
a. The geographic market ......................................................................26
27
b. The product market............................................................................26
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CLASS ACTION COMPLAINT - i
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1 2. Apple’s willful acquisition of monopoly market power................................29
2 C. Alternatively, Apple has willfully attempted to acquire monopoly

market power. ............................................................................................................30
3
D. Alternatively, Apple has willfully acquired monopsony market
4 power, or has willfully attempted to acquire it ..........................................................31
5 E. By Apple’s purposeful, exclusionary design, no entity applies

market constraints. .....................................................................................................31
6
F. Apple’s willful practices with respect to the iOS App Store are
7 especially grievous and effective as to the market for iOS app-
distribution and IAP services, where already there are high barriers
8 to entry. ......................................................................................................................33
9 G. Apple offers an overblown excuse for its brazenly anticompetitive

behavior. ....................................................................................................................34
10
H. In an illustration and exercise of its monopoly power, Apple
11 unfairly taxes iOS app and in-app product distribution.............................................36
12 1. Apple’s supracompetitive default commission .............................................36
13 2. Commission rates charged at other stores .....................................................39
14 a. Epic Games Store ..............................................................................39
15 b. Bandcamp ..........................................................................................41
16 c. Google Play .......................................................................................41
17 d. Chrome Web Store ............................................................................42
18 e. Microsoft Store ..................................................................................42
19 f. Amazon Appstore ..............................................................................44
20 3. Apple’s maximization of its super-high commission by
pricing mandates ............................................................................................45
21
4. Apple’s added annual fee ..............................................................................46
22
5. Apple’s supracompetitive profits ..................................................................46
23
I. Alternatively, as a retailer, Apple has underpaid developers. ...................................48
24
J. The lack of competition has diminished the quality of Apple’s
25 services. .....................................................................................................................48
26 1. Slow payments...............................................................................................48
27 2. Inferior refunds ..............................................................................................49
28
CLASS ACTION COMPLAINT - ii
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1 3. Other interference in the relationship between developers

and end-users .................................................................................................50
2
K. Nor does the potential for web apps alleviate the harm to plaintiffs
3 or competition. ...........................................................................................................50
4 L. Apple’s deliberate and unlawful practices harm competition, iOS

developers, and end-user consumers of iOS apps and in-app
5 products, too. .............................................................................................................52
6 1. Apple’s harm to competition and iOS developers, as well as

end-user consumers, including by depression of output ...............................53
7
2. Apple’s stifling of innovation ........................................................................55
8
3. Apple’s harm to iOS developers by denying them the
9 opportunity to choose other means to get paid for their
work ...............................................................................................................59
10
a. Apple’s refusal to allow others to innovate in the market .................59
11
b. Apple’s ATT program .......................................................................59
12
M. Apple’s admission that iOS developers have antitrust standing to
13 bring this suit .............................................................................................................62
14 VI. TRADE OR COMMERCE AMONG THE SEVERAL STATES, OR
WITH FOREIGN NATIONS ................................................................................................64
15
VII. RELEVANT MARKET ........................................................................................................64
16
VIII. CLASS ALLEGATIONS ......................................................................................................67
17
A. U.S. federal-law classes .............................................................................................67
18
B. State-law, i.e., California-law, Classes ......................................................................68
19
C. Elements ....................................................................................................................69
20
IX. APPLICABILITY OF U.S. FEDERAL ANTITRUST LAW ...............................................72
21
X. APPLICABILITY OF CALIFORNIA LAW ........................................................................76
22
XI. CLAIMS FOR RELIEF .........................................................................................................77
23
FIRST CAUSE OF ACTION: VIOLATION OF THE SHERMAN ACT –
24 MONOPOLIZATION OF THE IOS APP-DISTRIBUTION AND IAP
SERVICES MARKET (15 U.S.C. § 2) .................................................................................77
25
SECOND CAUSE OF ACTION: VIOLATION OF THE SHERMAN ACT –
26 ATTEMPTED MONOPOLIZATION OF THE IOS APP-
DISTRIBUTION AND IAP SERVICES MARKET (15 U.S.C. § 2) ...................................79
27
THIRD CAUSE OF ACTION: VIOLATION OF THE CALIFORNIA UNFAIR
28 COMPETITION ACT (CAL. BUS. & PROF. CODE §§ 17200 ET SEQ.)..........................80
CLASS ACTION COMPLAINT - iii
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1 A. Apple has behaved unlawfully ..................................................................................81
2 B. Apple has behaved unfairly .......................................................................................81
3 FOURTH CAUSE OF ACTION: VIOLATION OF THE CALIFORNIA

CARTWRIGHT ACT (CA. BUS & PROF. CODE §§ 16700 ET SEQ.) .............................82
4
PRAYER FOR RELIEF ....................................................................................................................84
5
JURY TRIAL DEMANDED ............................................................................................................85
6
10
11
12
13
14
15
16
17
18
19
20
21
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23
24
25
26
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CLASS ACTION COMPLAINT - iv
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1 For their complaint against defendant Apple Inc. (Apple), plaintiffs Société du Figaro, SAS;
2 L’Équipe 24/24 SAS (collectively, Individual Developers); and le GESTE, a French association
3 comprised of and representing certain France-based publishers of online content and services,
4 including certain France-based iOS developers, allege and pray as follows:
5 I. INTRODUCTION
6 1. iOS developers create the applications and in-app add-ons that bring Apple iPhones,
7 iPads, and iPod touch music players1 to life. Their apps allow users to socialize with others, to edit
8 documents, to make exercise more fun, to meditate, and so much more. And their in-app products,
9 including enhanced or extra features, game add-ons, services, and content subscriptions,2 make their
10 applications more useful and fun. Because there are probably more than one billion iOS devices in
11 operation worldwide, the market for apps and digital in-app products is colossal as well. So, then, is
12 the market for iOS app-distribution and in-app purchase (IAP) services.
13 2. By Apple’s design, there is one regular channel for the distribution of iOS native
14 apps: its own App Store. Also, with minor exceptions, Apple mandates the use of its IAP services for
15 digital add-ons to those apps, whether sold directly in the App Store, or in apps acquired from the
16 App Store. Thus, Apple has willfully monopolized the market for iOS app-distribution and IAP
17 services.
18 3. Apple is a U.S. company, and the App Store is thoroughly U.S.-based. As
19 demonstrated in Sec. IX below and throughout this complaint, Apple runs the App Store, contracts
20
21
1
Apple recently announced that it is discontinuing production of the iPod touch.
22 2
Apple states that “[t]here are four types of in-app purchases, and you can offer multiple types
within your app.” (E.g., “In-app purchase,” available at: https://developer.apple.com/in-app-
23
purchase/ (last accessed July 27, 2022).). These include consumables, non-consumables, auto-
24 renewable subscriptions, and non-renewing subscriptions. (Id.) Throughout this complaint the term
“in-app product” refers to such digital or virtual items, among others. Apple charges developers a
25 commission on the sale of non-zero-priced digital in-app products when the sale is made in or via an
app acquired from the App Store or in or via the App Store directly. (See, e.g., Ex. A (Developer
26 Program License Agreement (DPLA)), ¶ 7.2 and Schedule 2 thereto, ¶ 3.4; Ex. B (App Store Review
27 Guidelines (Developer Guidelines)), Sec. 3.1.1 (“If you want to unlock features or functionality
within your app, (by way of example: subscriptions, in-game currencies, game levels, access to
28 premium content, or unlocking a full version), you must use in-app purchase. . . .”).)
CLASS ACTION COMPLAINT - 1
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1 with developers, takes in their products, sets and enforces policies and practices for developers, and
2 conducts other App Store-related business with developers, from and in the U.S.
3 4. Apple solicits developers worldwide to fill the App Store with their compatible digital
4 products. To do so, and to sell their in-app products, these developers, wherever they reside, buy
5 Apple’s iOS app-distribution and IAP services in America.3 This suit aims to remedy the harm that
6 Apple has caused to France-resident iOS developers—purchaser-participants in the U.S. domestic
7 market for these services—by way of its violations of U.S. antitrust and California fair-competition
8 law.
9 5. Plaintiffs bring their suit in this Court pursuant to the choice-of-law, forum, and venue
10 terms contractually specified by Apple. As remedies, plaintiffs seek monetary and injunctive relief
11 under U.S. federal and California state law, on their own behalf and on behalf of the classes of
12 French-resident iOS developers they seek to represent.
13 A. Apple’s willful, anticompetitive, and unjustifiable monopoly
14 6. Except in very limited circumstances, app developers, in order to convey their device-
15 compatible native apps to users of Apple-branded mobile devices, must utilize Apple’s iOS app-
16 distribution services. And except in very limited circumstances, app developers, in order to sell non-
17 zero-priced native apps to these users, must pay Apple what it determines to charge for these
18
3
For the sake of brevity, plaintiffs refer to iOS, iOS developers, the iOS App Store, Apple’s iOS
19
app-distribution and IAP services throughout this complaint. But plaintiffs’ and putative class
20 members’ claims cover services related to the distribution of all apps and in-app products (whether
purchased in-app or directly from the App Store) for which Apple mandates the use and purchase of
21 its App Store-related distribution and IAP services. Thus, plaintiffs’ complaint also covers services
related to apps and in-app products for: (a) the iPad (including those powered by iPad OS) and (b)
22 Apple Watch (powered by watchOS) are included by reference, as are (c) iMessage apps and in-app
products and (d) Phone and iPad apps and in-app products sold for use on Apple Silicon Macs. (See,
23
e.g., “App Store Support,” and links therein, available at: https://support.apple.com/apps (last
24 accessed July 27, 2022); “iMessage Apps and Stickers,” available at:
https://developer.apple.com/imessage/ (last accessed July 27, 2022); “In-app purchase,” available at:
25 https://developer.apple.com/in-app-purchase/ (“Offer extra content and features — including digital
goods, subscriptions, and premium content — directly within your app through in-app purchases on
26 all Apple platforms. You can even promote and offer in-app purchases directly on the App Store.”)
27 (last accessed July 27, 2022); “Manage availability of iPhone and iPad Apps on Apple Silicon
Macs,” available at: https://help.apple.com/app-store-connect/#/dev2de8e790b (last accessed July 27,
28 2022).)
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1 services. Further, if these developers wish to sell in-app digital products to these users, either through
2 the App Store directly, or from within apps acquired from the App Store, they must, except in limited
3 circumstances, use Apple’s IAP services and pay Apple what it determines to charge.
4 7. Apple-branded mobile device buyers never agree with Apple to purchase their apps
5 solely from Apple’s iOS App Store. Nonetheless, Apple restricts such buyers in almost all cases to
6 do so. Similarly, in almost all cases, their in-app purchase transactions must be made through the
7 App Store or in apps acquired therefrom.
8 8. Apple, therefore, has cornered the market on iOS app distribution and IAP services—
9 but not because it built an app store that beat all comers fair and square. Rather, Apple has
10 deliberately built its monopoly by blocking any competition, blocking all would-be competitors
11 through technical means and contracts with developers. Thus, it has acquired and maintained
12 monopoly power in the market for iOS app distribution and IAP services4 willfully, by barring the
13 door to any rivals. In the case of IAP services, the issue is even more acute because developers are
14 not only constrained by the use of Apple service itself but also by the high level of commission
15 perceived by Apple for each transaction, where they should normally be able to take advantage of
16 competition for promotional purposes for example.
17 9. Among the justifications that Apple proffers for its behavior is security. Supposedly,
18 it competes as to the sale of iOS devices in part by offering some sort of unique security regime for
19 apps and in-app products. That is, no potential rival could possibly offer sufficient security in the
20 distribution of iOS apps and in-app products, or in the services related thereto. Yet Apple never touts
21 studies which would indicate that iOS device owners bought their products because Apple mandates
22 one app store, its own—and the sole use of its own distribution and IAP services.
23 10. And in fact, Apple already allows open distribution for its MacOS devices.5 That is,
24 as to the former, Apple already has established an alternative (albeit limited) distribution model for
25
26 4
Alternatively, as alleged herein, Apple is a de facto monopsonist given its status as the sole
retailer, in its iOS App Store (or in apps acquired therefrom), of the app developers’ digital products.
27 5
See, e.g., Epic Games, Inc. v. Apple Inc., 559 F. Supp. 3d 898, 1008-09 (N.D. Cal. 2021) (Epic
28 Games).
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1 companies to develop and distribute apps. And as to the latter, Apple allows real competition—its
2 Mac App Store is but one place where Mac apps are made available for sale. Yet neither impacts
3 Apple’s safety narrative; in fact, Apple itself speaks to the safety of Macs, including in light of the
4 protection systems it has set up for MacOS apps—systems it could replicate for iOS app and in-app
5 product distribution.6
6 Safely open apps on your Mac
7 macOS includes a technology called Gatekeeper, that’s designed to ensure that

only trusted software runs on your Mac.
8
The safest place to get apps for your Mac is the App Store. Apple reviews
9 each app in the App Store before it’s accepted and signs it to ensure that it hasn’t been
tampered with or altered. If there’s ever a problem with an app, Apple can quickly
10 remove it from the store.
11 If you download and install apps from the internet or directly from a
developer, macOS continues to protect your Mac. When you install Mac apps, plug-
12 ins, and installer packages from outside the App Store, macOS checks the Developer
ID signature to verify that the software is from an identified developer and that it has
13 not been altered. By default, macOS Catalina and later also requires software to be
notarized, so you can be confident that the software you run on your Mac doesn't
14 contain known malware. Before opening downloaded software for the first time,
macOS requests your approval to make sure you aren’t misled into running software
15 you didn’t expect.
16 ***
Privacy protections
17
macOS has been designed to keep users and their data safe while respecting
18 their privacy.
19 Gatekeeper performs online checks to verify if an app contains known

malware and whether the developer’s signing certificate is revoked. We have never
20 combined data from these checks with information about Apple users or their devices.
We do not use data from these checks to learn what individual users are launching or
21 running on their devices.
22 Notarization checks if the app contains known malware using an encrypted

connection that is resilient to server failures.7
23
And Apple certainly is not worried that the Mac ecosystem will come crumbling down due to the
24
availability of choice to developers and end-users. To the contrary, it promises that “over the next
25
26
6
See, e.g., id.
27 7
“Safely open apps on your Mac,” available at: https://support.apple.com/en-us/HT202491 (last
28 accessed July 27, 2022).
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1 year [it] will introduce several changes to its security checks,” including adding “[a] new preference
2 for users to opt out of these security protections.”8
3 11. As the court observed in Epic Games, Inc. v. Apple Inc., following trial:
4 under a “notarization” model, Apple could continue to review apps without

limiting distribution. The notarization model is currently used on macOS. There,
5 Apple scans apps using automatic tools and “notarizes” them as safe before they can
be distributed without a warning. Apps can still be distributed through the Mac store
6 (with complete app review) or with a warning if not notarized, but notarization
provides a “third path” between full app review and unrestricted distribution. In
7 theory, notarization review could be expanded to include some of the checks Apple
currently performs in the App Store, such as human review.9
8
12. Apple also allows limited enterprise distribution for iOS devices, and its enterprise
9
program certainly has not crashed safety for iPhones. Certainly it could be expanded, or a similar
10
model adopted, for alternative app stores. As the court noted in Epic Games:
11
under an “enterprise program” model, Apple could focus on certifying app
12 stores instead of apps. The Enterprise Program is an existing model for distributing
apps on iOS where companies apply to distribute apps within its organization. Apple
13 reviews the company and, if conditions are met, gives it a certificate that allows it to
sign apps for distribution. Although the program has occasionally been abused, it
14 shows that Apple could shift its review from apps to app stores, while continuing to
impose standards for privacy and security.10
15
Further, per the Epic Games court: “it is difficult to imagine that Microsoft would be a source of
16
malware for iOS users.”11
17
13. In reality, Apple is content to keep a world-wide end-user base of over a billion
18
devices to itself,12 if allowed, by incanting the shibboleth of “safety,” whatever the exaggerations.
19
14. Plaintiffs are not alone in their view of Apple’s anticompetitive behavior. In October
20
2020 the U.S. House Judiciary Subcommittee on Antitrust released a report13 in which the authors
21
22
8
23 Id.
9
Epic Games, 559 F. Supp. 3d at 1008.
24 10
Id. (citation omitted).
11
25 Id. at n.544.
12
“Together we turn apps into opportunities,” available at: https://www.apple.com/app-
26 store/developing-for-the-app-store/ (last accessed July 27, 2022) (stating, as to its five platforms,
27 “We make it easy to reach over 1.5 billion Apple devices.”).
13
“Investigation of Competition in Digital Markets – Majority Staff Report and
28 Recommendations,” U.S. House Subcomm. on Antitrust, etc., Oct. 6, 2020, available at:
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1 concluded, among other things, that Apple is a willful monopolist in its operation of the App Store14
2 and by way of its IAP product. The Committee also concluded that Apple abuses its market power by
3 “charg[ing] supra-competitive prices within the App Store.”15 And the authors found, after a long,
4 extensive, and detail-oriented investigation that “[i]n the absence of competition, Apple’s monopoly
5 power over software distribution to iOS devices has resulted in harm to competitors and competition,
6 reducing quality and innovation among app developers, and increasing prices and reducing choices
7 for consumers.”16
8 15. More specifically, Apple’s market, or monopoly, power has allowed it to charge
9 developers a default supracompetitive 30% commission17 on the sale of paid apps18 for 14 years now,
10 despite the inevitable accrual of experience and economies of scale. Similarly, Apple has imposed
11 the same default supracompetitive 30% commission on digital in-app purchases for nearly as many
12 years, notwithstanding these accruals.19
13 16. Additionally, Apple collects a USD $99 (or equivalent) annual fee from all iOS
14 developers who wish (and must) sell their products through the App Store.
15
16 https://judiciary.house.gov/uploadedfiles/competition_in_digital_markets.pdf (last accessed July 27,

2022).
17 14
See, e.g., id. at 16 (“Apple has significant and durable market power in the mobile operating
18 system market. Apple’s dominance in this market, where it controls the iOS mobile operating system
that runs on Apple mobile devices, has enabled it to control all software distribution to iOS devices.
19 As a result, Apple exerts monopoly power in the mobile app store market, controlling access to more
than 100 million iPhones and iPads in the U.S.”).
20 15
Id. at 17.
21 16
Id.
17
22 Plaintiffs alternatively refer to Apple’s commission as a fee.
18
More recently, as discussed in ¶ 117 below, Apple has established a Small Business Program,
23 which lowers the commission rate for apps and in-app products under certain circumstances, and up
24 to a specific dollar value, to 15% for qualified developers. (See, e.g., “App Store Small Business
Program,” available at: https://developer.apple.com/app-store/small-business-program/ (last accessed
25 July 27, 2022).) Another current exception is auto-renewable subscriptions, where the rate drops to
15% after a year if the subscription remains in place for that long. (E.g., “Auto-renewable
26 Subscriptions,” available at: https://developer.apple.com/app-store/subscriptions/ (last accessed July
27, 2022).)
27 19
See, e.g., Epic Games, 559 F. Supp. 3d at 991 (“[I]n 2009, Apple introduced IAP using the
28 same 30% commission.”).
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1 17. Further, Apple dictates minimum and greater price points, such that iOS developers
2 cannot offer paid products at less than USD $.99 or at price points ending in anything other than
3 USD $.99 (or, in general, their analogues/equivalents at foreign App Store digital “storefronts,” such
4 as the French iOS App Store digital storefront20).
5 18. Thus, while Apple is fond of pointing to impressive-sounding sales numbers and
6 dollars earned by developers, nonetheless, the foregoing—its exorbitant fee for distribution (or retail-
7 sales) and IAP services, coupled with its USD $99 (or equivalent) annual fee and pricing mandates—
8 have cut unlawfully into what would and should have been developers’ earnings in a competitive
9 atmosphere.
10 19. Also, Apple’s overly expensive default 30% commission, its USD $99 (or equivalent)
11 annual developer fee, and its pricing mandates have depressed output of paid apps and in-app-
12 products, such that sales of app and IAP distribution services likewise depressed. End-users of apps
13 and in-app products favor low-priced or free apps.21 Developers and would-be developers who are or
14 were able to earn only the default 70% on the dollar on each paid app or in-app product, and who
15 must pay Apple USD $99 (or equivalent) annually for their digital products to be sold in or via the
16 App Store (or in or via apps acquired therefrom), must consider whether to spend the effort, time,
17 and energy that is required to design and program an app or related product; bring it to market in the
18 single store available; and endeavor to recoup costs and make a reasonable profit. For many, the
19 calculus, including financial investments, makes no economic sense. And so they do not proceed.
20 This state of affairs, which is ongoing, leads to less output in iOS app-distribution and IAP services.
21 20. Furthermore, for those who nonetheless soldier on towards offering paid digital
22 products to Apple device owners, another output-depressing scenario presents itself: discoverability.
23
24
25
26 20
See, e.g., “App Store Pricing, Effective August 2021,” available at: https://itunespartner
.apple.com/assets/downloads/072821-Apps-Pricing-SAfr-UK-EUR.pdf (last accessed July 27, 2022)
27 (setting forth, e.g., pricing in Euros for storefronts such as the French iOS App Store storefront).
21
28 See n.156, infra.
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1 The sheer number of apps in the App Store—1.8 million currently,22 with over 2 million available
2 recently23—together with the number of new weekly entrants,24 means that most apps and in-app
3 products, however good and innovative, will never be seen by consumers. Because there are so many
4 apps available in the one iOS App Store that exists (due to Apple’s usurpation of the entire
5 marketplace), huge numbers of apps necessarily get lost. Apps buried among the 1.8 million
6 available apps do not sell because no one finds them, leading to less sales of iOS app-distribution and
7 IAP services for apps and in-app products.
8 21. If Apple did not shut out all competition from access to iOS device owners, there
9 would be more stores that could feature more apps, as well as stores that would specialize in certain
10 kinds of apps. Also, competitors would find new ways, including by way of leveraging existing
11 technology or inventing other and better means, to bring more apps to the attention of iOS device
12 owners. Additionally, such competitors would motivate Apple to make its own App Store more
13 usable and functional, where currently it has no such incentive from competitors. In other words,
14 competition would bring more and better means to pair end-users with the applications and in-app
15 products they are looking for, need, or want. Thus, competition would boost output in retail sales of
16
17 22
This is Apple’s present statement as to the number of apps in the App Store. (“The apps you
18 love. From a place you can trust,” App Store, available at: https://www.apple.com/app-store/ (last
accessed July 27, 2022).
19 23
Apple told the U.S. Supreme Court in August 2018 that as of then, “there [we]re over 2 million
apps offered through the App Store.” (Brief of Petitioner Apple Inc., submitted Aug. 10, 2018, in
20 Apple Inc. v. Pepper, U.S. Sup. Ct. No. 17-204 (Apple Sup. Ct. Pet. Br.) at 9 (emphasis deleted).)
21 And the Epic Games v. Apple court noted more recently: “Though Apple has removed over 2 million
outdated apps, and rejected those not meeting the Guidelines, the App Store still [contains another] 2
22 million apps . . . .” Epic Games, 559 F. Supp. 3d at 948 (correction to inverted word order in
original).
23 24
According to a piece available as of June 2019 at Apple’s website, it reviewed an astounding
24 “100k” apps weekly. (“App Store—Overview,” available at:
https://web.archive.org/web/20190601044511/https://www.apple.com/ios/app-store/principles-
25 practices/ (last accessed July 26, 2022).) It said that of these, it approved 60% and rejects 40%, and it
rejects the 40% mostly for “minor bugs, followed by privacy concerns.” (Id.) Further, it said it
26 provided an avenue for appeal of sorts to those whose apps are rejected. (Id.)
27 Apple continues to report that it reviews “100k” apps weekly. (“The apps you love. From a place
you can trust,” App Store, available at: https://www.apple.com/app-store/.) (last accessed July 27,
28 2022)
Case No.:
011083-11/1969605 V1
1 apps and in-app products—and in the sale of iOS app-distribution and IAP services. The only real
2 solution for the current output-depressing condition wrought by Apple is to allow other providers of
3 distribution (and retail) services to compete, so that more apps and in-app products can be seen and
4 acquired.
5 22. Plaintiff Individual Developers and le GESTE iOS-developer members participated in
6 the domestic market for iOS app-distribution and IAP services as consumers. As the U.S. Supreme
7 Court has determined, Apple is a bottleneck intermediary. That is, Apple, through its iOS App Store,
8 sells apps to end-users, i.e., consumers of apps (and in-app products).25 And, by its own
9 characterizations and admissions, it sells iOS app-distribution and IAP services to iOS developers,
10 including Individual Developers, and le GESTE iOS-developer members.26
11 23. Here, Individual Developers and le GESTE iOS-developer members purchased

12 overpriced iOS app-distribution and IAP services domestically, in the U.S., from Apple, an
13 American company whose App Store business is conducted in the United States, subject to Apple’s
14 uniform terms. They also paid Apple’s annual fee, and were subject to Apple’s pricing terms, in the
15 domestic U.S. market. As to pricing and otherwise, not only were Apple’s terms imposed on
16 plaintiffs (or le GESTE’s iOS-developer members) in the U.S. domestic market, given the ways that
17 Apple conducts its business, but also, some France-based iOS developers sell apps and in-app
18 products to American end-users of iOS devices, out of the U.S. digital App Store storefront.
19 24. Because of their participation in the U.S. domestic marketplace as consumers of
20 Apple’s services, plaintiff Individual Developer and le GESTE, along with le GESTE’s iOS-
21 developer members, were injured directly by the U.S. domestic effects of Apple’s willful
22 monopolization (or monopsonization) of the relevant market (or submarket), and its overcharges and
23 other abuses, just as their American iOS developer counterparts were injured.
24
25
26
27 25
See, e.g., Apple Inc. v. Pepper, 139 S. Ct. 1514, 1521, 1525 (2019)
26
28 E.g., ¶¶ 77-78, infra.
Case No.:
011083-11/1969605 V1
1 B. Alternatively, Apple’s willful, anticompetitive, and unjustifiable monopsony
2 25. There is another way to view Apple’s acquisition and abuse of anticompetitive market
3 power. Alternatively, by way of the same anticompetitive conduct described above, Apple has
4 improperly attained and exercised monopsony power—i.e., buy-side monopoly power27—as the sole
5 retailer of iOS apps and in-app products. It uses this immense power to force iOS developers to take
6 70% on the dollar for their paid products by way of subtracting its supracompetitive default 30%
7 commission.28 This practice is analogous to a monopsonist retailer paying artificially low wholesale
8 prices to its suppliers. In both paradigms, a competitive market would yield better post-commission
9 or wholesale prices for, and fairer profit on, developers’ digital products. It also would mean higher,
10 and fairer, profits for developers as Apple’s USD $.99 (or equivalent) and end-in-USD $.99 (or
11 analogue/equivalent) pricing mandates were extinguished by competitive forces, such that
12 developers could price at lower and different price points in order to maximize volumes. (Of course,
13 in the world as actually affected by Apple’s anticompetitive behavior, Apple’s pricing mandates
14 were firmly in place.)
15 C. Requested redress
16 26. Apple’s anticompetitive behavior has harmed French-resident iOS developers, both as
17 to sales of their apps and in-app products, in or via whichever App Store storefront, as described
18 herein. Plaintiffs, on their own behalf and that of similarly situated developers, seek monetary
19 recovery and injunctive relief for harm caused by, and with respect to, Apple’s violations of U.S. and
20 California antitrust and unfair-competition laws—harm that persists and will never abate unless
21 Apple is called to account for its unlawful behavior.
22
27
23 As the Supreme Court has put it:
Monopsony power is market power on the buy side of the market. Blair & Harrison,
24 Antitrust Policy and Monopsony, 76 Cornell L. Rev. 297 (1991). As such, a
25 monopsony is to the buy side of the market what a monopoly is to the sell side and is
sometimes colloquially called a ‘buyer's monopoly.’ See id., at 301, 320; Piraino, A
26 Proposed Antitrust Approach to Buyers’ Competitive Conduct, 56 Hastings L.J. 1121,
1125 (2005).”
27 Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., Inc., 549 U.S. 312, 320 (2007).
28
28 Again, the current exception is long-term subscriptions, after the first year. (See n.6, supra.)
Case No.:
011083-11/1969605 V1
1 II. JURISDICTION
2 27. This Court has subject matter jurisdiction over this matter pursuant to the Class
3 Action Fairness Act of 2005, 28 U.S.C. § 1332(d)(2)(b), because the proposed classes consist of 100
4 or more members; the amount in controversy exceeds $5,000,000, exclusive of costs and interest;
5 and, given the residency of iOS developers and the as alleged herein, at least one member of each
6 class of plaintiffs is a citizen or subject of a foreign state while the defendant, Apple, is a citizen of a
7 U.S. State.
8 28. Furthermore, this Court has federal question jurisdiction pursuant to the federal
9 antitrust law invoked herein, including the Sherman Act and Clayton Antitrust Act. E.g., 28 U.S.C.
10 § 1331, 28 U.S.C. § 1337(a), and 15 U.S.C. § 15(a).
11 III. VENUE
12 29. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(1)-(2) and (d)
13 because a substantial part of the events or omissions giving rise to plaintiffs’ claims occurred in this
14 judicial district, because Apple resides in this district, and because of Apple’s contacts with this
15 district.
16 30. There also is a venue provision specifying this judicial district in the operative
17 contract with iOS developers.29
18 31. Furthermore, Apple’s principal place of business is in this judicial district, and it is
19 believed, and therefore alleged, that a substantial amount of the conduct of which plaintiffs complain
20 occurred here. For example, Phil Schiller, the company’s high-ranking Apple Fellow, whose purview
21 includes the App Store,30 has had his office at Apple’s headquarters in Cupertino, California, at times
22 pertinent to plaintiffs’ claims.31 Therefore, decisions regarding the App Store and policy
23
29
24 See Ex. A, ¶ 14.10.
30
See, e.g., “Phil Schiller, Apple Fellow,” available at: https://www.apple.com/leadership/phil-
25 schiller/ (“Phil Schiller is an Apple Fellow, responsible for leading the App Store and Apple
Events.”)(last accessed July 27, 2022); “Apple's Phil Schiller is now in charge of the App Store,” The
26 Verge, Dec. 1, 2015, available at: https://www.theverge.com/2015/12/17/10412204/apple-phil-
27 schiller-now-leads-app-store (last accessed July 27, 2022).
31
E.g., “Apple to host annual Worldwide Developers Conference June 3-7 in San Jose,” Mar. 14,
28 2019, available at: https://www.apple.com/newsroom/2019/03/apple-to-host-annual-worldwide-
Case No.:
011083-11/1969605 V1
1 implementations giving rise to plaintiffs’ claims were made at, and emanate from, that California
2 location. Also, Apple has marketed, advertised, and sold affected iOS devices, upon which iOS apps
3 and in-app products run, within this judicial district.
4 32. Divisional Assignment: Assignment of this action to the San Jose Division is proper
5 because defendant Apple’s headquarters is located in Cupertino, California.
6 IV. PARTIES
7 A. The Plaintiffs
8 1. Individual Developers
9 a. Figaro
10 33. Plaintiff Société du Figaro, SAS, a French simplified joint-stock company (Figaro), is a
11 French resident with its principal place of business in Paris, France. It is the developer of the iOS
12 Figaro news app and in app-product (i.e., its related content subscriptions), among others. Figaro is a
13 party to Apple’s DPLA. This agreement (with pertinent schedule(s) or exhibit(s) thereto) specifies
14 the commission rate, pricing mandates,32 and certain other mandates at issue in this suit. Also, in
15 order to be permitted to make its apps available in the App Store, and to sell non-zero priced
16 subscriptions through its apps, Figaro has paid Apple’s mandatory annual developer fee—per Apple,
17 ”[e]nrollment is 99 USD (or in local currency where available) per membership year”33—including
18 in 2018 and beyond.
19
20
21
22
developers-conference-june-3-7-in-san-jose/ (quoting Mr. Schiller, and listing Cupertino, CA, at the
23 top of the release) (last accessed July 27, 2022); “Contacting Apple,”
https://www.apple.com/contact/ (listing Apple’s “Corporate Address” as One Apple Park Way
24 Cupertino, CA 95014) (last accessed July 27, 2022).
32
25 Regarding pricing, see Ex. A, Schedule 2, ¶ 3.1 (“All of the Licensed Applications shall be
marketed by Apple, on Your behalf, to End-Users at prices identified in a price tier and designated
26 by You, in Your sole discretion, from the pricing schedule set forth in the App Store Connect tool,
which may be updated from time to time by Apple.”).
27 33
“Choosing a Membership,” available at: https://developer.apple.com/support/compare-
28 memberships/ (last accessed July 27, 2022).
Case No.:
011083-11/1969605 V1
1 34. At Apple’s invitation and encouragement,34 Figaro has made its app and in-app
2 products available for sale in the French and U.S. App Store storefronts.
3 35. Figaro’s native apps and in-app products for iOS mobile devices were developed in
4 the Swift or Objective-C programming language (though referenced herein, for the sake of
5 conciseness, as iOS apps and in-app products). Both of these programming languages are different
6 from the programming language(s) used to develop native apps and in-app products for Android OS
7 or other mobile OS devices.
8 36. Figaro’s last sale(s) of its app in or via the App Store occurred in the calendar year
9 2022. Figaro has paid Apple’s supracompetitive default 30% commission on at least some of] its
10 sales.
11 37. The U.S. Apple Inc. entity paid Figaro from sums paid by end-user consumers,
12 whichever the App Store storefront they accessed.
13 38. Alternatively, Apple Inc. paid Figaro what amounts to an artificially low wholesale
14 price for digital products sold in or via the App Store (or in or via apps acquired therefrom).
15 39. Furthermore, Figaro’s [in-app] sales in or via the French or U.S. App Store storefronts
16 have always been subject to Apple’s requirement that app transactions be priced at a minimum of
17 USD $.99,35 as well as its end-in-USD $.99 pricing mandate (or their analogues or equivalents).
18 Figaro would try price points that end in sums other than USD $.99 (or its analogue/equivalent), as
19 well sales of digital products at price points below USD $.99 (or its equivalent), in efforts to achieve
20 maximum sales, if Apple allowed it to do so— though it still would face the severe discoverability
21 issues caused by cramming millions of apps into one app store.
22 40. In order to reach consumers of iOS devices, Figaro required iOS distribution services
23 (and not iOS or other OS distribution services). Because Apple excluded all competition for iOS
24 distribution services, Figaro had no choice but to agree to Apple’s adhesive and anticompetitive
25
26 34
See, e.g., “Localization,” available at: https://developer.apple.com/localization/ (“The App
Store is available in 175 regions and 40 languages to make it easy for users around the world to
27 discover and download your app.”) (last accessed July 27, 2022).
35
28 Its equivalent in EUR.
Case No.:
011083-11/1969605 V1
1 contractual terms, and to pay what Apple demanded for its iOS app-distribution and IAP services,
2 i.e., its supracompetitive default 30% commission on sales of its content. (Alternatively, Apple paid
3 Figaro what amounts to artificially low wholesale prices for apps sold in or via the App Store, and
4 for in-app products sold in or via the App Store, or in apps acquired therefrom.)
5 41. Figaro seeks monetary and injunctive relief as stated and requested herein, on its own
6 behalf, and on behalf of similarly situated iOS developers.
7 b. L’Équipe
8 42. L’Équipe 24/24 SAS, a French simplified joint-stock company (L’Équipe), is a French
9 resident with its principal place of business in Boulogne-Billancourt, France. It is the developer of
10 the L’Équipe sports-news and streaming app and in app-product product (i.e., its related content
11 subscriptions), among others. L’Équipe is a party to Apple’s DPLA. This agreement (with pertinent
12 schedule(s) or exhibit(s) thereto) specifies the commission rate, pricing mandates,36 and certain other
13 mandates at issue in this suit. Also, in order to be permitted to make its apps available in the App
14 Store, and to sell non-zero priced subscriptions through its apps, L’Equipe has paid Apple’s
15 mandatory annual developer fee—per Apple, ”[e]nrollment is 99 USD (or in local currency where
16 available) per membership year,”37 including in 2018 and beyond.
17 43. At Apple’s invitation and encouragement,38 L’Équipe has made its app and in-app
18 products available for sale in the French and U.S. App Store storefronts.
19 44. L’Équipe’s native apps and in-app products for iOS mobile devices were developed in
20 the Swift or Objective-C programming language (though referenced herein, for the sake of
21 conciseness, as iOS apps and in-app products). Both of these programming languages are different
22
23
36
Regarding pricing, see Ex. A, Schedule 2, ¶ 3.1 (“All of the Licensed Applications shall be
24 marketed by Apple, on Your behalf, to End-Users at prices identified in a price tier and designated
25 by You, in Your sole discretion, from the pricing schedule set forth in the App Store Connect tool,
which may be updated from time to time by Apple.”).
26 37
memberships/. (last accessed July 27, 2022)
27 38
See, e.g., “Localization,” available at: https://developer.apple.com/localization/. (last accessed
28 July 27, 2022)
Case No.:
011083-11/1969605 V1
1 from the programming language(s) used to develop native apps and in-app products for Android OS
2 or other mobile OS devices.
3 45. L’Équipe’s last sale(s) of its app in or via the App Store occurred in the calendar year
4 2022. L'Équipe has paid Apple’s supracompetitive default 30% commission on at least some of its
5 sales.
6 46. The U.S. Apple Inc. entity paid L’Equipe from sums paid by end-user consumers,
7 whichever the App Store storefront they accessed.
8 47. Alternatively, Apple paid L’Équipe what amounts to an artificially low wholesale
9 price for digital products sold in or via the App Store (or in or via apps acquired therefrom).
10 48. Furthermore, L’Équipe’s [in-app] sales (like the app, if sold at above-zero prices) have
11 always been subject to Apple’s requirement that app transactions be priced at a minimum of USD
12 $.99,39 as well as its end-in-USD $.99 pricing mandate (or their analogues or equivalents). L’Équipe
13 would try price points that end in sums other than USD $.99 (or its analogue/equivalent), as well
14 sales of digital products at price points below USD $.99 (or its equivalent), in efforts to achieve
15 maximum sales, if Apple allowed it to do so—though it still would face the discoverability issues
16 caused by cramming millions of apps into one app store.
17 49. In order to reach consumers of iOS devices, L’Équipe required iOS distribution
18 services (and not iOS or other OS distribution services). Because Apple excluded all competition for
19 iOS distribution services, L’Équipe had no choice but to agree to Apple’s adhesive and
20 anticompetitive contractual terms, and to pay what Apple demanded for its iOS app-distribution and
21 IAP services, i.e., its supracompetitive default 30% commission on sales of its contents.
22 (Alternatively, Apple paid L’Équipe what amounts to artificially low wholesale prices for apps sold
23 in or via the App Store, and for in-app products sold in or via the App Store, or in apps acquired
24 therefrom.)
25 50. L’Équipe seeks monetary and injunctive relief as stated and requested herein, on its
26 own behalf, and on behalf of similarly situated iOS developers.
27
39
28 Its equivalent in EUR.
Case No.:
011083-11/1969605 V1
1 2. Association—Le GESTE
2 51. Plaintiff le GESTE is an association of publishers of online content and service based
3 in Paris, France. Various members have developed iOS apps and in-app products available for sale in
4 or via the App Store since May 2018 (and prior to that date). Certain le GESTE iOS-developer
5 members are a parties to Apple’s DPLA. This agreement (with pertinent schedule(s) or exhibit(s)
6 thereto) specifies the commission rate, pricing mandates,40 and certain other mandates at issue in this
7 suit. Also, in order to be permitted to make their apps available for sale in the App Store, le GESTE
8 iOS-developer members have paid Apple’s mandatory USD $99 annual developer fee—per Apple,
9 ”[e]nrollment is 99 USD (or in local currency where available) per membership year”41—including
10 in 2018 and beyond. Based on research, various le GESTE iOS-developer members last sold iOS
11 apps or in-app products in or via the App Store in the calendar year 2022. Because these are paid
12 digital iOS products, le GESTE iOS-developer members (or some of them) have paid Apple’s 30%
13 default commission on each sale.
14 52. At Apple’s invitation and encouragement,42 le GESTE iOS-developer members have
15 made their apps and in-app products available for sale in the French and U.S. App Store digital
16 storefronts, among others.
17 53. Le GESTE iOS-developer members’ native apps and in-app products for iOS mobile
18 devices were written or created in the Swift or Objective-C programming language (though
19 referenced herein, for the sake of conciseness, as iOS apps and in-app products). Both of these
20 programming languages are different from the programming language(s) used to develop native apps
21 and in-app products for Android OS or other mobile OS devices.
22
23
24 40
Regarding pricing, see Ex. A, Schedule 2, ¶ 3.1 (“All of the Licensed Applications shall be
25 marketed by Apple, on Your behalf, to End-Users at prices identified in a price tier and designated
by You, in Your sole discretion, from the pricing schedule set forth in the App Store Connect tool,
26 which may be updated from time to time by Apple.”).
41
27 memberships/.
42
28 See, e.g., “Localization,” available at: https://developer.apple.com/localization/.
Case No.:
011083-11/1969605 V1
1 54. Additionally, le GESTE iOS-developer members’ iOS apps and in-app products have
2 been subject to Apple’s requirement that such digital products be priced at a minimum of USD $.99
3 as well as its end-in-USD $.99 (or equivalent) pricing mandates. If le GESTE iOS-developer
4 members could have priced their apps at above zero but below USD $.99 (or its equivalent), they
5 would have tried or settled on such pricing, in order to attempt to capture volume sales—though they
6 still would face the discoverability issues caused by cramming millions of apps into one app store.
7 Of course, le GESTE iOS-developer members, like iOS developers generally, still would face the
8 grave discoverability problem caused by cramming millions of apps into the sole iOS app store. As a
9 consequence of Apple’s willfully anticompetitive behavior, good apps go unfound. In fact, it is
10 common that a query in the App Store yields pages and pages of apps called by Apple’s search
11 algorithm—with no real accounting of the surfaced apps’ quality, age, or features.43 This state of
12 affairs devalues the iOS app-distribution and IAP services that Apple sells to iOS developers, which
13 already are priced supracompetitively.
14 55. In order to reach consumers of iOS devices, le GESTE iOS-developer members
15 required iOS distribution services (and not iOS or other OS distribution services). Because Apple
16 excluded all competition for iOS distribution services, le GESTE iOS-developer members had no
17 choice but to agree to Apple’s adhesive and anticompetitive contractual terms, and to pay what
18 Apple demanded for its iOS app-distribution and IAP services, i.e., its supracompetitive default 30%
19 commission. (Alternatively, Apple paid le GESTE iOS-developer members what amounts to
20 artificially low wholesale prices for apps sold in or via the App Store, and for in-app products sold in
21 or via the App Store, or in apps acquired therefrom.)
22
23 43
Apple’s efforts to revamp the look of the App Store, and to feature more apps, is not, and will
24 never be, enough, to surface when there are only 365 days in the year, only so much space on
screens, and so very many apps of all sorts crowded into a single store. (See, e.g., “App Store
25 discovery is climbing after the iOS 11 redesign,” Business Insider, May 16, 2018, available at:
https://www.businessinsider.com/apple-redesign-boosting-app-store-discovery-2018-5 (discussing
26 effect of September 2017 design change that allows more apps to be featured, which was quite
27 limited, especially when compared to the total number of apps in the App Store, and also considering
that most apps are found by search—which again will yield way too many results to prove fruitful to
28 vast numbers of developers) (last accessed July 27, 2022).)
Case No.:
011083-11/1969605 V1
1 56. Plaintiff le GESTE seeks injunctive relief on its own behalf, and also, alternatively, as
2 a proposed class representative for its iOS-developer members, as stated and alleged herein.
3 B. The Defendant
4 57. Apple, the designer, manufacturer, and vendor of iPhones, iPads, and iPod touch
5 music players, as well as the Apple Watch; the designer and author of iOS and iOS updates, as well
6 as of iPad OS and Watch OS; and the owner and operator of the App Store, is a California
7 corporation. It maintains its headquarters and principal place of business in Cupertino, California.
8 58. Also upon information and belief, and as alleged above, Apple took all decisions and
9 actions complained of herein at or near its corporate headquarters in Cupertino, California, or
10 elsewhere in the state of California. It is believed, and therefore alleged, that substantially all of the
11 misconduct alleged in this complaint occurred in or emanated from California.44
12 V. RELEVANT FACTS
13 59. As demonstrated below, Apple has injured plaintiffs and competition by way of its
14 unlawful behavior in the global, or, alternatively, the U.S., market for iOS app-distribution (or
15 retailing) and IAP services. Plaintiffs participated in this market domestically, as purchasers of
16 Apple’s services in the United States domestic marketplace. Thus, U.S. antitrust law applies. So does
17 California unfair-competition and antitrust law.
18 60. As the holder of a willfully obtained monopoly in this market (or, effectively, as a
19 monopsonist in the retailing of apps and in-app products), Apple’s behavior has resulted in super-
20 high prices for its iOS app-distribution and IAP services. These overcharges have resulted from its
21 imposition of a supracompetitive and profit-reducing default 30% commission with respect to sales
22 made in or via its App Store (or in apps acquired therefrom).45 Alternatively, as a retail monopsonist
23 that obtained its power by improper means, Apple has underpaid plaintiffs for their digital products.
24
25
26
44
See, e.g., nn.215-222, supra.
27 45
Again, the rate for auto-renewing subscriptions now drops to 15% after one year. (E.g., n.18,
28 supra.)
Case No.:
011083-11/1969605 V1
1 61. Such conduct has been wildly profitable for Apple—while its hardware sales may
2 vary or even decline at times, analysts have predicted that its App Store revenues will increase.46
3 And certainly they have. In fact, Apple has been the beneficiary of an unseemly COVID-19-related
4 windfall, above and beyond what its supracompetitive pricing has brought it.47
5 62. What is more, Apple’s aggressive and improper monopolization of this market, or the
6 improper acquisition and abuse of its monopsony powers in the retailing space, has stifled
7 competition by preventing the emergence of any viable competitors whatsoever, which reinforces
8 and strengthens its pernicious and overbearing power in a market already distinguished by high
9 barriers to entry.
10 63. Additionally, Apple’s exclusion of any competitors depresses the output of iOS app
11 and in-app-product distribution transactions by dissuading the development of new apps (or in-app
12 products), due to high distribution and IAP service fees as compared to sums needed to develop and
13 market new iOS digital products. Apple’s behavior also has depressed output by rendering
14 undiscoverable vast numbers of apps and related in-app products, due to the sheer number of apps
15 available in the one iOS app store. Further, Apple’s minimum and end-in-$.99 pricing mandates have
16 depressed output by denying developers the ability to price as they would choose in order to
17 maximize sales to end-users—less of these sales means also less output of iOS app-distribution and
18 IAP services.
19 64. And, yet further, Apple’s behavior has stifled innovation and let to poor developer
20 and end-user consumer experiences. With competition, Apple and new market entrants would have
21 to, and would, do better.
22
23
46
24 See, e.g., “The 30 Percent App Fees Are Too Damn High,” Bloomberg Businessweek, available
at: https://www.bloomberg.com/news/articles/2019-01-07/the-30-percent-fees-app-developers-have-
25 to-pay-are-too-damn-high (“Apple skipped its typical disclosure of full-year App Store purchases
and developer payouts for 2018, but analysts estimate revenue has risen steadily. At the same time,
26 growth of its iPhone income stream has become unreliable.”) (last accessed July 20, 2022).
47
27 E.g., “Apple’s App Store had gross sales around $64 billion last year and it’s growing strongly
again,” CNBC, January 8, 2021, available at: https://www.cnbc.com/2021/01/08/apples-app-store-
28 had-gross-sales-around-64-billion-in-2020.html (last accessed July 27, 2022).
Case No.:
011083-11/1969605 V1
1 A. As They Must, iOS Developers Distribute Their Native Apps and Digital In-App
Products in or via Apple’s App Store, Or in Apps Acquired Therefrom, On Apple’s
2 Terms
3 65. With the App Store, Apple created a closed system to which it is the only gatekeeper.
4 Developers of apps and in-app products that run on Apple-branded mobile devices have participated
5 in this system with no choice in the matter. They had to participate if they wanted to sell their digital
6 wares to the millions and millions of device end-users who wanted to buy them.
7 1. Inception of the App Store
8 66. Apple began selling the iPhone in the summer of 2007. Thereafter, recognizing a
9 demand among iPhone users for native apps—as distinct from web apps48—Apple introduced the
10 App Store in July 2008.49
11 67. The App Store was, and is, exclusive on purpose. That is, Apple determined that it
12 would shut out competition in distribution of native apps. Apple’s claims that it willfully excluded all
13 competition in the field for the sake of end-user consumer safety fails any test of reasonableness or
14 proportionality. For example, (a) to have sought to establish, or to have established, standards for, or
15 (b) to have sought to recommend or require review of, or (c) to have insisted on certain safeguards
16 for, alternative distribution channels, would be one thing. To have undertaken willfully—and
17 successfully—to exclude all competition by deliberate choices and means is another. This latter
18 course is the impermissible pouring-on of the anticompetitive sauce.
19 2. The scale of the App Store
20 68. iOS device owner- and operator-ship is enormous. For example, Americans
21 themselves presently use some 118 million iPhones.50 Also, they own tens if not hundreds of
22
23 48
See ¶¶ 99-100, infra.
49
24 Apple Sup. Ct. Pet. Br. at 7.
50
“Number of iPhone users in the United States from 2012 to 2022,” Statista, available at:
25 https://www.statista.com/statistics/232790/forecast-of-apple-users-in-the-us/ (last accessed July 27,
2022). Others have put the number even higher in and for recent years. Cf., e.g., “189 Million
26
iPhones Are Currently in Use in the U.S.,” Cult of Mac, Feb. 7, 2019, available at:
27 https://www.cultofmac.com/605442/189-million-iphones-are-currently-in-use-in-the-u-s/
(“According to new research published by Consumer Intelligence Research Partners, Apple’s total
28 U.S. install base (the number of active iPhones being used) currently stands at 189 million units.
Case No.:
011083-11/1969605 V1
1 millions more iPads and iPod touch devices51 Non-U.S. persons and other entities own and use
2 hundreds of millions more iOS devices.52
3 69. The market for the distribution of iOS apps and, therefore, related in-app digital
4 products has been large for years (though output could not be increased as alleged herein with
5 competition).53 For example, as CNBC reported earlier this year:
6 Apple said Monday [January 10, 2022] that it paid developers $60 billion in
2021, or $260 billion total since the App Store launched in 2008. It’s a figure that
7 suggests App Store sales continue to grow at a rapid clip.
8 By comparison, Apple said in 2019 it had paid developers a total of $155
9 billion since 2008. And at the end of 2020, it said it had paid $200 billion, an increase
of $45 billion. Monday’s figures show a jump of $60 billion.
10
***
11
If Apple’s commissions were uniformly at 30%, it grossed $85.71 billion in
12 App Store sales in 2021 at the highest, based on CNBC analysis. If Apple’s
commissions were all 15%, it would come in lower, at $70.58 billion.
13
14
15
16
17 With the U.S. population in the vicinity of 325.7 million people, that’s more than one iPhone for
every two people in the country.”) (last accessed July 27, 2022).
18 51
For example, the number of iPad users in the U.S. in the 2018-19 timeframe was and is
19 approximately 81 million. (See “Number of iPad users in the United States from 2013 to 2020 (in
millions),” available at: https://www.statista.com/statistics/208039/ipad-users-forecast-in-the-us/
20 (last accessed July 27, 2022).)
21 Also, as of a few years ago, Apple already had sold some 350 million+ iPods. (“Apple by the
numbers: 84M iPads, 400M iOS devices, 350M iPods sold,” CNET, Sept. 12, 2012, available at:
22 https://www.cnet.com/tech/tech-industry/apple-by-the-numbers-84m-ipads-400m-ios-devices-350m-
ipods-sold/ (last accessed July 27, 2022).) While that figure is not iPod touch-only, nonetheless,
23 many, many millions of end-user consumers purchased the iPod touch over the years.
52
24 See, e.g., “Apple says there are now over 1 billion active iPhones—With 1.65 billion Apple
devices in use overall,” The Verge, Jan. 27, 2021, available at:
25 https://www.theverge.com/2021/1/27/22253162/iphone-users-total-number-billion-apple-tim-cook-
q1-2021 (“Apple says there are now more than 1 billion active iPhones, an enormous milestone for
26 the company that speaks to the phones’ continued success and longevity. There are now 1.65 billion
Apple devices in active use overall, Tim Cook said during Apple’s earnings call this afternoon.”)
27 (last accessed July 27, 2022).
53
28 See, e.g., Apple Sup. Ct. Pet. Br. at 9-10 (emphasis deleted).
Case No.:
011083-11/1969605 V1
1 Last year, CNBC analysis suggested that Apple’s App Store grossed more
than $64 billion in 2020, based on a 30% commission rate. . . .54
2
3. Plaintiffs’ and the classes’ iOS device-specific digital products
3
70. The iOS operating system is unique and incompatible with other mobile operating
4
systems. The native apps and in-app products here at issue will run iOS-powered mobile devices, and
5
not on mobile devices powered by other operating systems. Thus, the market for iOS app-distribution
6
and IAP services is discrete. An iOS developer needs distribution services that will allow its products
7
to reach iOS devices and their users. It cannot use other distribution channels set up to reach owners
8
of products powered by a different mobile operating system. They are not substitutes for iOS app-
9
distribution and IAP services.
10
71. By Apple’s anticompetitive fiat, the iOS App Store is the sole way in which iOS apps
11
can be sold to iOS device owners, and iOS in-app products are sold solely in or via apps acquired
12
therefrom (or in the App Store itself). (Again, as explained above, there is a minor exception with
13
enterprise distribution. Also, others have endeavored to offer unsanctioned stores or distribution
14
methods, to which Apple has not reacted well—and which have gained scant traction.) The App
15
Store is exclusive and anticompetitive by intention, and so, then, are Apple’s iOS app-distribution
16
and IAP services.
17
18
54
“Apple implies it generated record revenue from the App Store during 2021,” CNBC, Jan. 10,
19 2022, available at: https://www.cnbc.com/2022/01/10/apple-implies-it-generated-record-revenue-
from-app-store-during-2021-.html (last accessed July 27, 2022).
20
Previously, Apple reported that in 2018, iOS developers globally earned some $34 billion from
21 sales in the App Store. (E.g., “Developer’s [sic] $34 Billion Earnings from Apple’s App Store Rose
28% in 2018,” Fortune, Jan. 29, 2019, available at: fortune.com/2019/01/28/apple-app-store-
22 developer-earning-2018/ (last accessed July 27, 2022).) Apple reduced certain fees for App Store
subscription sales beginning in September 2016. (E.g., “Google matches Apple by reducing Play
23 Store fee for Android app subscriptions,” The Verge, Oct. 19, 2017, available at:
24 https://www.theverge.com/2017/10/19/16502152/google-play-store-android-apple-app-store-
subscription-revenue-cut (last accessed July 27, 2022).) Applying a hypothetical blended, i.e.,
25 average, rate of 27% for Apple’s iOS distribution fees would yield some $12.57 billion that
developers paid to Apple in 2018 (not including Apple’s $99 fee).
26 Alternatively, if Apple is viewed as a monopsonist retailer, it essentially paid developers a
27 wholesale price of USD $34 billion for the digital products it retailed in the App Store in 2018.
Plaintiffs contend that but for the anticompetitive conditions that Apple has willfully brought about,
28 they would have been paid much more for the digital products sold in the App Store.
Case No.:
011083-11/1969605 V1
1 4. How iOS app and in-app product distribution works
2 72. For their zero-priced and non-zero-priced iOS apps, and their in-app products, to be
3 made available or sold in the iOS App Store (or in or via apps acquired therefrom), iOS application
4 developers55 enter into the Apple DPLA56 and applicable attachments, schedules, and exhibits.57
5 Plaintiffs believe, and therefore allege, that the pertinent contractual terms, including those alleged
6 herein, have been the same, or substantially the same, during at least the four years preceding the
7 filing of this complaint. Schedule 2 to the DPLA contains the terms requiring payment by developers
8 of Apple’s default 30% commission on paid sales of apps and in-app products.58 Apple’s App Store
9 Review Guidelines spell out the mandatory use of Apple’s IAP services where applicable.59
10 73. An iOS developer must obtain Apple’s approval for its apps and in-app products
11 before it can sell them in the App Store.60 The DPLA requires that iOS apps be distributed
12 exclusively in or via the iOS App Store, i.e., they may not be distributed in other stores for iOS apps
13 (if there were any).61
14 74. Thus, Apple cannot credibly claim that this is a simple matter of iOS developers
15 signing up voluntarily to use Apple’s intellectual property to develop iOS digital products and then
16 seeking to avoid paying. Rather, Apple established this system, which contemplates the use of
17 certain software, content, or services,62 key aspects of which it offers for free,63 with the intended
18 result that iOS developers will only be able to distribute their digital products in or via the App Store.
19 And this, of course, has required that these developers pay Apple supracompetitive iOS app
20
55
Except presumably Apple, which also offers its own products—including its paid Apple Music
21 product—in the App Store.
56
22 See Ex. A. Upon information and belief, Apple’s DPLA may previously have been
denominated the iPhone Developer Program License Agreement.
23 57
See id. (DPLA, including same).
58
24 See id., Schedule 2 at ¶ 3.4.
59
E.g., Ex. B, Sec. 3.1.
25 60
See, e.g., n.188, supra.
61
26 Ex. A, ¶ 7.
62
See generally Exs. A and C (current exemplar of Apple Developer Agreement).
27 63
28 memberships/ (last accessed July 27, 2022).
Case No.:
011083-11/1969605 V1
1 distribution and in-app-product-related commissions, with the only real option being to walk away
2 from the large, and only, end-user market for their particular digital wares.
3 75. Furthermore, Apple benefits greatly from the work of developers of iOS apps and
4 digital in-app products, so it already recoups value for any software or tools it makes available. End-
5 user consumers expect a variety of apps and in-app products, including free-to-get apps; thus, iOS
6 developers’ work contributes greatly to the sale of Apple-branded mobile devices, even before the
7 payment of commissions or Apple’s $99 USD annual developer-program fee.64
8 76. Developers ostensibly set prices for products sold in the App Store, but their
9 discretion is actually limited by Apple. Apple requires that paid products be sold to U.S. consumers
10 at a regular price of no lower than USD $.99 (or its equivalent, with limited exceptions for certain
11 foreign App Store digital storefronts), and that pricing be set via a tier system with prices ending in
12 USD $.99 (or its analogue/equivalent), with limited exceptions for a few foreign App Store digital
13 storefronts.65
14 77. According to Apple, the App Store is like a mall. 66 As to the iOS digital wares sold in
15 or via the App Store, or in or via apps acquired therefrom, Apple charges a (hefty) distribution or
16 IAP commission.67
17
18
19
64
See, e.g., Epic Games, 559 F. Supp. 3d at 946 (“Apple’s late Chief Executive Order [sic], Mr.
20 Steve Jobs, recognized that the ‘purpose in the App Store is to add value to the iPhone’ and
ultimately ‘sell more iPhones.’”).
21 65
Pricing for sales to end-users is set via tiers published by Apple. (See id., ¶ 3.1 (“All of the
22 Licensed Applications shall be marketed by Apple, on Your behalf, to End-Users at prices identified
in a price tier and designated by You, in Your sole discretion, from the pricing schedule set forth in
23 the App Store Connect tool, which may be updated from time to time by Apple.”).) Upon
information and belief, the maximum price that Apple has allowed in the years at issue was and is
24 USD $999.99 (or its equivalent).
66
25 Answering Brief of Respondent Apple Inc., submitted July 11, 2014, in Pepper v. Apple Inc. ,
Ninth Cir. No. 14-15000 (Apple Ninth Cir. Resp. Br.) at 28 (“As Plaintiffs allege, Apple sells
26 software distribution services to developers, much in the way that a shopping mall leases physical
space to various stores. The fact that Apple’s charge for those distribution services is expressed as a
27 percentage of the developer’s sales proceeds is immaterial.”) (emphasis added).
67
28 See id.
Case No.:
011083-11/1969605 V1
1 78. In other words, as Apple admits, developers are direct purchasers of app-distribution
2 (and IAP) services from Apple.68 In a brief to the U.S. Supreme Court, Apple depicted its
3 transactions with iOS developers this way:
10
11
12
13
14
15
16
17
18
19 Accordingly, developers pay Apple a default 30% commission (with the exceptions referenced
20 herein) for the app-distribution or IAP services that Apple sells to them directly on each sale of a
21 paid iOS app or in-app product in the App Store (or in apps acquired therefrom). As alleged in
22 further detail below, the fee is supracompetitive, resulting in overcharges.
23 B. Apple has willfully monopolized the market for iOS app-distribution and IAP services.
24 79. Shutting out competition works. By way of the behavior alleged and described herein,
25 Apple is a willful monopolist in the market for iOS app-distribution and IAP services.
26
68
27 E.g., id. at 41 (“Apps developers have standing under Illinois Brick to argue whatever they
want because they are direct purchasers of distribution services from Apple . . . .”) (emphasis
28 added).
Case No.:
011083-11/1969605 V1
1 1. The market
2 80. Plaintiffs summarize the details of the relevant market here. They further detail the
3 relevant market in Sec. VII below.
4 81. The iOS ecosystem is founded on and specific to unique and discrete operating
5 system, iOS. Thus, there is no substitute worldwide for the iOS app-distribution and IAP services
6 that Apple willfully keeps to itself. Non-iOS app distribution and IAP services, such as Android OS-
7 directed services, are useless to iOS developers because they have incompatible digital products to
8 sell.
9 a. The geographic market
10 82. The geographic area of the product market is global, or, alternatively, U.S.-
11 nationwide. (But the geographic reach of the product market is to be distinguished from the reach of
12 American antitrust law.69)
13 b. The product market

14 83. As for the product market, iOS app and in-app products—that is, apps and in-app
15 products programmed in languages yielding code that will run on iOS devices—require iOS app-
16 distribution and IAP services. Thus, for example, Google’s distribution services in its Android
17 walled garden are meaningless to iOS digital-product developers whose apps and in-app products
18 were programmed and otherwise designed for use on for use on iOS-powered devices.
19 84. Developers may learn to code in the Objective-C or Swift programming language, and
20 they and their employees, if any, may well not know how to code in a different programming
21 language applicable to devices running on a different operating system. Nor may they be familiar
22 with the other hardware and its various requirements. And they cannot simply run a program to
23 convert their applications to the code used for a different operating system environment in the way
24 that one might convert a WAV audio file to a FLAC audio file; there is no button to be pushed.70
25
69
Epic Games, 559 F. Supp. 3d at 1026-27.
26 70
Compare, e.g., “6 Best Free Audio Converter Software Programs,” Lifewire, July 1, 2022
27 (updated), available at: https://www.lifewire.com/free-audio-converter-software-programs-2622863
(last accessed July 27, 2022), with, e.g. “How to Convert an Android App to an iOS App (and Vice
28 Versa),” Upwork, available at:
Case No.:
011083-11/1969605 V1
1 Great effort and expense and financial risk will ensue, including when the hiring of differently
2 skilled developers, or the engagement of other expertise, is required.
3 85. Also, differences in operating system versions come into play, as do the adoption
4 rates for those versions. Additionally, there are differences among the various devices and screen
5 sizes available for devices in that other ecosystem. In short, there is no simple or cost-effective way
6 to abandon the Apple iOS environment and migrate to another environment with the hope that
7 distribution fees will be cheaper, or that if enough other developers move, Apple would be forced to
8 lower its distribution-service prices, which are super-high as alleged herein. What is more, a move
9 away from the iOS system would mean that a developer could no longer offer its iOS apps or in-app
10 products to hundreds of millions of end-user consumers who would have no other way to buy these
11 iOS native digital products for their devices. And in any event, the developer (including during the
12 preceding several years) would face the same default 30% commission rate at the Google Play store,
13 too, thanks to Google’s similar anticompetitive behavior in its own walled garden.71
14 86. Thus, Google offers no competitive downward pressure on iOS distribution-services

15 pricing (or, alternatively, the prices paid by Apple for digital products sold in its retail App Store).
16 Google’s distribution services, which are tied to offerings in its Google Play store, do not cover iOS
17 products—only Android OS products distributed via Google Play. They are not substitutes for the
18 services that Apple offers iOS app developers. The same is true of Amazon’s distribution services,
19 which are tied to its Appstore—these, too, are solely for Android OS products and never for iOS
20 items.72
21
22
https://web.archive.org/web/20190410123846/https://www.upwork.com/hiring/for-clients/convert-
23 android-app-ios-app-vice-versa/ (“Porting Android to iOS is not the same as making a copy of a
JPEG image or converting MP3 music file to WAV. . . . To convert an app from one platform to
24 another you have to hire developers that will build a new app (which, actually, will have the same or
25 almost the same functionality and interface) specifically for the chosen platform . . . .”) (reprinted
with permission from Stormotion) (last accessed July 27, 2022).
26 71
“Service fees,” available at: https://support.google.com/googleplay/android-developer/
answer/112622?hl=en (last accessed July 27, 2022).
27 72
E.g., “Amazon developer, available at: https://developer.amazon.com/ (“Develop Android apps
28 and games for Amazon Fire TV, Fire tablet, and mobile platforms.”) (last accessed July 27, 2022).
Case No.:
011083-11/1969605 V1
1 87. Europe has recognized these realities in addressing anticompetitiveness concerns with
2 Google Play. As the European Commission put it in terms specifically regarding Android, but with
3 certain facts and logic equally applicable to iOS:
4 As a licensable operating system, Android is different from operating systems

exclusively used by vertically integrated developers (like Apple iOS or
5 Blackberry). Those are not part of the same market because they are not
available for license by third party device manufacturers.
6
7 Nevertheless, the Commission investigated to what extent competition for end

users (downstream), in particular between Apple and Android devices, could
8 indirectly constrain Google’s market power for the licensing of Android to
device manufacturers (upstream). The Commission found that this competition
9 does not sufficiently constrain Google upstream for a number of reasons,
including:
10
End user purchasing decisions are influenced by a variety of factors (such as
11
hardware features or device brand), which are independent from the mobile
12 operating system;
13 Apple devices are typically priced higher than Android devices and may
therefore not be accessible to a large part of the Android device user base;
14
Android device users face switching costs when switching to Apple devices,
15 such as losing their apps, data and contacts, and having to learn how to use a
new operating system; and . . . .73
16
88. Regarding app stores specifically, the European Commission has stated (again with
17
specific regard to Google Play, but with an observation that applies to the iOS App Store as well):
18
This market is also characterized by high barriers to entry. For similar reasons
19 to those already listed above, Google’s app store dominance is not
constrained by Apple’s App Store, which is only available on iOS devices.74
20
89. In sum, the market for iOS app-distribution and IAP services is discrete.
21
22
23
24
25
26 73
See “Antitrust: Commission fines Google €4.34 billion for illegal practices regarding Android
mobile devices to strengthen dominance of Google's search engine,” available at: http://europa.eu/
27 rapid/press-release_IP-18-4581_en.htm (emphasis added) (last accessed July 27, 2022).
74
28 Id. (emphasis added).
Case No.:
011083-11/1969605 V1
1 2. Apple’s willful acquisition of monopoly market power
2 90. Notably, Apple does not contractually bind buyers of iOS devices to the App Store as
3 the sole source of their apps or in-app products.75
4 91. Nonetheless, to reach Apple iOS device owners, iOS developers have no choice but to
5 sell their iOS digital products via the App Store. By technical and contractual means, Apple imposes
6 exclusivity with iOS developers for distribution of their iOS apps.76
7 92. Thus, by design, Apple’s market share in the enormous market for iOS app-
8 distribution and IAP services is likely close to 100%.77
9 93. Apple admits that as a general proposition, it shuts out all competition from app-
10 distribution and IAP services to iOS device consumers.
11 94. In fact, as to in-app purchases, Apple imposes anti-steering provisions. In limited
12 exceptions, Apple has allowed for payments to be made for purchases outside of its IAP system. One
13 example pertains to multiplatform apps (so long as the content is offered in-app as well).78 Apple has
14 permitted content for these apps to be paid for outside of IAP. But even where a developer is
15 excepted from using IAP to sell content, and certainly when it was not, the developer cannot not tell
16 end-users within its app that they could acquire and pay for content outside the app.79 Nor can they
17 provide a link within their app to the place where they could procure the content.80 This reinforces
18 Apple’s default lock on in-app-purchase services. The Epic Games court required significant changes
19
20 75
See, e.g., Epic Games, 559 F. Supp. 3d at 1024 (“consumers do not contractually agree to
21 obtain apps only through the App Store when they purchase an iPhone . . . .”).
76
E.g., Epic Games, 559 F. Supp. 3d at 993; see also Ex. A, ¶ 7.
22 77
As alleged above, there is no approved way to distribute iOS apps to end-user consumers writ
23 large except through the App Store. (E.g., Ex. A, ¶ 7.) Others, such as Cydia, have tried to use
unapproved ways to do so, and they have failed. A suit based on the alleged harm to Cydia is
24 pending in this Court. (See SaurikIT, LLC v. Apple Inc., N.D. Cal. No. 4:20-cv-08733-YGR.)
78
25 Ex. B, ¶ 3.1.3(b).
79
See Ex. B, ¶ 3.1.3; but also see Ex. B, ¶ 3.1.3(a)-“Reader” Apps, for a recent change (“Reader
26 app developers may apply for the External Link Account Entitlement to provide an informational
link in their app to a web site the developer owns or maintains responsibility for in order to create or
27 manage an account.”).
80
28 Ex. B, ¶¶ 3.1.1 and 3.1.3.
Case No.:
011083-11/1969605 V1
1 to these terms by way of a nationwide injunction issued post-trial.81 Also, Apple voluntarily agreed
2 with developers in the Cameron settlement to alter its terms for “U.S. Developers,” particularly with
3 respect to the use of information acquired in-app.82 Nonetheless, as of now, anti-steering provisions
4 remain in Apple’s developer guidelines, including because of the stay of the Epic Games court’s
5 injunction pending resolution of the cross-appeal before the Ninth Circuit.
6 95. In sum, by deliberate action, Apple has acquired and maintained an unlawful
7 monopoly in the relevant market (or submarket) for iOS app and in-app-product distribution services.
8 Apple has done so by shutting out competition for no justifiable reason. Alternatively,
9 notwithstanding its commission model, Apple acts as a willful monopsonist for iOS apps and related
10 digital products.
11 C. Alternatively, Apple has willfully attempted to acquire monopoly market power.
12 96. Alternatively, for the foregoing reasons, Apple is an attempted monopolist in the
13 market for iOS app and in-app-product distribution services. Given that the facts alleged amply
14 support a finding that Apple has willfully maintained monopoly status in this market, a fortiori, the
15 facts alleged support a finding that Apple is attempting (and has attempted) to monopolize this iOS
16 app-distribution and IAP services market by improper means.
17 97. In fact, even if one were to consider a broader market consisting of all app and in-app
18 product distribution services to include other discrete device markets, Apple’s share would still hover
19 currently around 56.65% as of June 2022 (or 59.87% as of January 2022)83—enough to sustain an
20 attempted monopolization claim in that theoretical—albeit improperly drawn—market.

21
22
23
81
Epic Games, 559 F. Supp. 3d at 1058.
24 82
See “Settlement Agreement and Release” in Cameron v. Apple Inc., N.D. Cal. No. 4:19-cv-
25 03074-YGR, ¶ 5.1.3, available at: https://angeion-
public.s3.amazonaws.com/www.SmallAppDeveloperAssistance.com/docs/Settlement+Agreement.pd
26 f (last accessed July 27, 2022).
83
27 “Mobile Operating System Market Share United States of America,” GlobalStates statcounter,
available at: http://gs.statcounter.com/os-market-share/mobile/united-states-of-america (last accessed
28 July 27, 2022).
Case No.:
011083-11/1969605 V1
1 D. Alternatively, Apple has willfully acquired monopsony market power, or has willfully
attempted to acquire it
2
3 98. Alternatively, by requiring that it be the sole retailer of iOS developers’ digital
4 products, Apple acts as a monopsonist, or attempted monopsonist. A monopsonist is a buy-side
5 monopolizer. The circumstances and effects are essentially the same as with monopoly or attempted
6 monopoly: by Apple’s behavior as alleged herein, Apple uses its monopsony power as the sole
7 retailer-distributor for iOS apps and in-app products to pay iOS developers below the price they
8 would obtain in a competitive market for their products. The effect is the same as if Apple, in an
9 explicitly wholesale-retail model, had depressed wholesale prices by way of its anticompetitive
10 market power and behavior.
11 E. By Apple’s purposeful, exclusionary design, no entity applies market constraints.
12 99. Nor does any other entity providing app and in-app-product distribution services for
13 iOS native apps (and iOS in-app digital products), including Google, provide any constraints to
14 Apple’s market power. One definition of “native app” is:
15 a software program that is developed for use on a particular platform or device.
16 Because a native app is built for use on a particular device and its OS, it has
the ability to use device-specific hardware and software. Native apps can provide
17 optimized performance and take advantage of the latest technology, such as a GPS,
compared to web apps or mobile cloud apps developed to be generic across multiple
18 systems.
19
***
20
The term native app is used to refer to platforms such as Mac and PC, with
21 examples such as the Photos, Mail or Contacts applications that are preinstalled and
configured on every Apple computer. However, in the context of mobile web apps,
22 the term native app is used to mean any application written to work on a specific
device platform.
23
The two main mobile OS platforms are Apple's iOS and Google's Android.
24
Native apps are written in the code preliminarily used for the device and its OS. For
25 example, developers write iOS applications in Objective-C or Swift, while they create
Android-native apps in Java.
26
27
28
Case No.:
011083-11/1969605 V1
1 Native apps work with the device's OS in ways that enable them to perform
faster and more flexibly than alternative application types. If the app is marketed to
2 users of various device types, developers create a separate app version for each one.84
3 100. Thus. apps sold for devices running one operating system or the other are
4 incompatible; accordingly and not surprisingly, developers of iOS apps and in-app products cannot
5 sell their iOS digital products via the Google Play store. Therefore, Google’s Android OS
6 distribution services are of no use to developers. And certainly they cannot aid iOS developers in
7 reaching the many tens and hundreds of millions of iOS device consumers for whom they
8 programmed their apps and-in app products.
9 101. Furthermore, the switching costs between developing for iOS and Android are high.
10 For example, app developers must learn the discrete programming languages peculiar to each
11 ecosystem. (As another example, they must learn the hardware and OS peculiarities of each
12 ecosystem.) This takes time (including diversion from other economic opportunities), money, and
13 much effort.
14 102. Most recently, iOS native apps are usually written in the Swift programming
15 language.85 Previously, most iOS apps were written in the Objective-C programming language.86
16 103. As for native Android OS apps, on the other hand:
17 Android apps can be written using Kotlin, Java, and C++ languages. The
Android SDK tools compile your code along with any data and resource files into an
18 APK or an Android App Bundle.
19 An Android package, which is an archive file with an .apk suffix, contains the
contents of an Android app that are required at runtime and it is the file that Android-
20 powered devices use to install the app.87
21
84
22 “Definition, native app,” available at:
https://www.techtarget.com/searchsoftwarequality/definition/native-application-native-app (last
85
See, e.g., Apple Developer, “Swift,” available at: https://developer.apple.com/swift/ (“Swift is
24 a powerful and intuitive programming language for iOS, iPad OS, macOS, tvOS, and watchOS.”)
86
See, e.g., “A Short History of Objective-C,” Medium, Apr. 24, 2017, available at:
26 https://medium.com/chmcore/a-short-history-of-objective-c-aff9d2bde8dd (last accessed July 27,
2022).
27 87
Android Developers, “Application Fundamentals,” available at:
28 https://developer.android.com/guide/components/fundamentals (last accessed July 20, 2022).
Case No.:
011083-11/1969605 V1
1 104. Given the use of these different programming languages, it is no simple task to switch
2 from iOS apps to Android apps because the ecosystems, like the markets to which they give rise, are
3 separate and discrete. So again, the fact that Google may offer distribution services for Android OS
4 phones, tablets, and music players is of no moment to iOS developers.
5 105. Europe is in accord: Google offers no counterbalance to Apple in the iOS distribution-
6 services market.88
7 106. Moreover, for sales in its Google Play store, Google charges Android OS developers
8 the same default 30% commission on paid apps and paid in-app products, and non-auto-renewing
9 subscriptions (initially).89 Apple’s practices and mandates have given Google the cover it has
10 needed, in its discrete ecosystem, to charge developers similarly supracompetitive rates. So even if
11 an iOS developer were to think about spending the time, money, and effort to develop apps for
12 Android OS devices, there would be no respite from default supracompetitive and profit-killing
13 commissions (or, alternatively, from unnaturally low wholesale-level payments for apps and in-app
14 digital products).
15 F. Apple’s willful practices with respect to the iOS App Store are especially grievous and
effective as to the market for iOS app-distribution and IAP services, where already
16 there are high barriers to entry.
17 107. Even if Apple did not shut out competitors willfully, by design,90 market-participant
18 hopefuls would still need the resources to build and maintain an app store client for iOS devices to
19 program and maintain the requisite software and algorithms going forward, to advertise the client
20 and the steps needed to install it (assuming that Apple would never allow it to be distributed via the
21 App Store, as is currently the case), among other barriers. This is not to say that the barriers are
22 insurmountable—Epic Games, for example, has signaled a willingness to enter the market, and it did
23 so on a limited basis, for payment processing services related to its Fortnite game, in August 2020—
24
88
25 See ¶¶ 83-89, supra.
89
“Service fees,” available at: https://support.google.com/googleplay/android-developer/
26 answer/112622?hl=en (last accessed July 27, 2022). The latest statements regarding Google Play
billing reflects its latest policies as to automatically renewing subscription products and its “15%
27 service fee tier” for the first $1 million (USD) of earnings per year. (Id.)
90
28 See, e.g., ¶¶ 118-119, supra.
Case No.:
011083-11/1969605 V1
1 but they are high. As the court found in Epic Games (with respect to the market there addressed):
2 “barriers to entry are currently relatively high but are plausibly decreasing and may be lower in the
3 future.”91
4 108. To reiterate: the European Commission also has concluded that there are high barriers
5 to entering the market for app distribution via app stores.92 The same factors it cited as high barriers
6 to entry in “the worldwide market (excluding China) for licensable smart operating systems,” with
7 specific respect to Google’s Android OS ecosystem, apply with respect to entry into the market for
8 iOS app-distribution and IAP services.
9 G. Apple offers an overblown excuse for its brazenly anticompetitive behavior.
10 109. Apple claims that it blocks others from providing iOS app-distribution and IAP
11 services in order to protect device customers from bad apps and malware. But this is largely, if not
12 wholly, pretextual. There is no reason to believe that other reputable vendors, including Amazon, for
13 example, could not host an iOS app store and provide a trustworthy iOS app-distribution and IAP
14 system if Apple were to open up its system to other providers. Indeed, Apple could provide certain
15 vetting services to help ensure it.
16 110. Apple is not uniquely qualified to police an apps marketplace. For example, before
17 apps and in-app products must be sold in or via the App Store (or in apps acquired therefrom), it
18 must first approve them.93 It says it vet apps “for malware and offensive content, among other
19 things.”94 But Apple is not infallible where security or curation are concerned.95
20
91
559 F. Supp. 3d at 994.
21 92
See “Antitrust: Commission fines Google €4.34 billion for illegal practices regarding Android
22 mobile devices to strengthen dominance of Google’s search engine,” available at:
http://europa.eu/rapid/press-release_IP-18-4581_en.htm (“Google is dominant in the worldwide
23 market (excluding China) for app stores for the Android mobile operating system. Google’s app
store, the Play Store, accounts for more than 90% of apps downloaded on Android devices. This
24 market is also characterised by high barriers to entry. . . .”) (last accessed July 27, 2022).
93
25 See, e.g., Epic Games, 559 F. Supp. 3d at 943.
94
Apple Sup. Ct. Pet. Br. at 7.
26 95
See, e.g., “Apple Removes 17 Malicious iOS Apps From App Store,” Threatpost, Oct. 24,
27 2019, available at: https://threatpost.com/click-fraud-malware-apple-app-store/149496/ (last accessed
July 27, 2022) (“Researchers have uncovered 17 apps on Apple’s official App Store infected with
28 malware. Apple has since removed the apps from the App Store – but a “significant” number of iOS
Case No.:
011083-11/1969605 V1
1 111. Nor, despite the enormous profits collected with respect to the App Store, has Apple
2 always employed the best practices or procured the best results. In fact, an Apple engineer has
3 claimed that App Store security was akin to “bringing a plastic butter knife to a gunfight.” He also
4 claimed that Apple’s app-review process was “more like the pretty lady who greets you . . . at the
5 airport rather than a drug-sniffing dog,” and that Apple was not well-equipped to “deflect
6 sophisticated attackers.”
7 112. As for curation and protection of end-users and the iOS app ecosystem, the App Store
8 has been home to much so-called “fleeceware”—reportedly well more than in the Google Play store
9 for Android OS apps.96 These fleeceware apps have, per a Forbes report, “made $365 million in
10 revenue.”97 Scammers deploying these apps have “skirt[ed] App Store regulations and scam[med]
11 iPhone and iPad owners using Apple’s own in-app purchasing system,” per research and reporting.98
12 113. Further, reports are that Apple actually benefits from iTunes gift card scams.
13 Fraudsters persuade unsuspecting people to buy iTunes gift cards for some sort of supposedly urgent
14 purpose.99 The fraudsters then persuade the victims to give up the code numbers on the card.100 Then
15 they use the cards to buy apps from the App Store—scam apps that the fraudsters as supposed iOS
16
17
18 users could have installed them, researchers said. . . . And last year, Apple removed two apps that
were posing as fitness-tracking tools – but were actually using Apple’s Touch ID feature to loot
19 money from unassuming iOS victims.”); “Apple Battles App Store Malware Outbreak,”
20 BankInfoSecurity, Sept. 21, 2015, available at: https://www.bankinfosecurity.com/apple-battles-app-
store-malware-outbreak-a-8538 (noting that U.S. consumers were affected: “[f]or example, WeChat
21 is widely used across the Asia-Pacific region, while business card scanning program CamCard -
which is developed by a Chinese company - is the most-downloaded business card reader and
22 scanner in many countries, including the United States.”) (last accessed July 27, 2022).)
96
23 See “Apple Engineer Claims App Store Security Brings ‘A Plastic Butter Knife To A
Gunfight,’” Forbes, April 10, 2021, available at:
24 https://www.forbes.com/sites/gordonkelly/2021/04/10/apple-iphone-app-store-fleeceware-scam-
iphone-12-pro-max/?sh=4ff3e19a1911 (last accessed July 27, 2022).
25 97
See id.
98
26 See id.
99
“About Gift Card Scams,” available at: https://support.apple.com/gift-card-scams (last
100
28 Id.
Case No.:
011083-11/1969605 V1
1 developers themselves, or their accomplices, have placed for sale in or via the App Store.101 The
2 result is that Apple pays the “developers” or their accomplices 70% of the victim’s money spent on
3 the scam apps that the fraudsters somehow control—with Apple keeping the rest as its
4 commission.102 This sort of behavior—essentially a money-laundering scheme—harms App Store
5 end-users and diminishes broader end-user trust in the App Store, even as it tarnishes the reputation
6 of developers participating in the iOS app ecosystem. So again, there is no reason to believe that
7 other reputable entities could not participate responsibly and honorably in the sale of iOS distribution
8 services, apps, and in-app products by way of competing stores, or by way of self-distribution.
9 Certainly Apple, despite its unfathomable resources, is not uniquely equipped to provide, nor does it
10 provide, perfect App Store-related services. To the contrary.
11 H. In an illustration and exercise of its monopoly power, Apple unfairly taxes iOS app and
in-app product distribution.
12
13 1. Apple’s supracompetitive default commission
14 114. Since July 2008, when it launched the App Store, and despite the accrual of
15 efficiencies and economies of scale, Apple has charged iOS developers a default and super-high 30%
16 commission on sales of apps and in-app products.
17 115. In spite of not having to carry physical inventory (as distinct from uploaded digital
18 content); having such a large and growing pre-install base for the App Store, which has multiplied
19 not by building more physical stores but simply by replicating a software client pre-installed on iOS
20 devices; and economies of scale that have grown over time, Apple has continued, where its default
21 rate applies, to take nearly a third of every dollar (or analogue/equivalent) for iOS app-distribution or
22 IAP services with respect to iOS app and in-app product sales. Given how large the market is, there
23 is plainly enough revenue to support distribution functions while providing a healthy profit in the
24
25
101
See, e.g., “Why Do Scammers Ask for iTunes Gift Cards,” Safeguard Tips, May 10, 2019
26 update, available at: https://safeguardtips.com/why-do-scammers-ask-for-itunes-gift-cards/ (last
27 102
See id. A proposed class action lawsuit, Barrett v. Apple Inc., N.D. Cal. No. 5:20-cv-04812-
28 EJD, currently is pending in this Court based on such allegations.
Case No.:
011083-11/1969605 V1
1 event the default 30% transaction fee103 were lowered to a reasonable rate—one the market could
2 generate on its own but for Apple’s improperly acquired monopoly in the market for iOS app-
3 distribution and IAP services.
4 116. Because the fee or commission is supracompetitive, it cuts improperly into, and
5 otherwise contributes to the diminishment of, what ought to be the developers’ profits. Viewed
6 another way, Apple the monopsonist retailer pays iOS developers less for their digital products than
7 what they would be paid in a competitive market. It is an underpayment, whereas, if Apple is viewed
8 as a monopolist with respect to iOS app-distribution and IAP services, it is an overcharge.
9 117. Only in certain circumstances, such as the SBP, has Apple veered from its default
10 rate. More specifically, Apple dropped the commission rate from 30% to 15%, with no steps in
11 between, in just three circumstances: (a) for participants in its Video Partner Program; (b) with
12 respect to subscriptions sold in-app, via IAP, that are in place for longer than a year; and, most
13 recently (c) for sales by developers who qualify for its Small Business Program. With respect to
14 these variances from it standard 30% rate, Apple steadfastly maintains that the terms apply to all
15 qualified developers, with no special deals.
16 118. But Apple has not varied its commission rates in response to competition because it
17 has none, by design, in iOS app-distribution or IAP services. In fact, its CEO Tim Cook’s candid
18 trial testimony at the Epic Games v. Apple trial well-illustrated that Apple has not priced its
19 commissions in response to any supposed competition:
20 The Court: The issue with the $1 million Small Business Program, at least
from what I’ve seen thus far: that really wasn’t the result of competition. That seemed
21 to be a result of the pressure that you’re feeling from investigations, from lawsuits,
not competition.
22 Mr. Cook: It was the result of feeling like we should do something from a
COVID point of view, and then electing to instead of doing something very
23 temporary, to do something permanent. And of course we had the lawsuits and all the
rest of the stuff in the back of our head, but the thing that triggered it was, we were
24 very worried about small business.
25
26 103
Or alternatively, the 30% fee is a retail commission, and Apple is able to impose this high tax
27 on retail sales because it is a monopsonist. Seen another way, Apple essentially pays developers a
default wholesale price of ~USD $.70 (or its equivalent) for products that retail for USD ~$1.00 (or
28 its equivalent).
Case No.:
011083-11/1969605 V1
1 The Court: Okay, but it wasn’t competition.

Mr. Cook: It was competition after we did ours to 15, it was competition that
2 made Google drop theirs to 15.
3 The Court: I understand perhaps that when Google changed its price, but your
action wasn’t the result of competition.
4 Mr. Cook: It was the result of feeling like we should do something for small
business, which in our . . . vernacular is small developer.104
5
119. Indeed, as to Apple’s default 30% commission, the Epic Games v. Apple court put it
6
succinctly: “[T]he 30 percent number has been there since the inception . . . [a]nd if there was real
7
competition, that number would move, and it hasn’t.”105
8
120. Notably, Apple’s SBP cuts the default 30% commission rate in half, underscoring
9
how arbitrary—and super-high—the rate has been all along. Further, Apple implicitly acknowledged
10
in its announcement of the SBP that lowering the rate “means small developers and aspiring
11
entrepreneurs will have more resources to invest in and grow their businesses in the App Store
12
ecosystem.”106 In other words, new apps and greater output will ensue.
13
14 121. As the foregoing illustrates, there is no good, pro-competitive, or otherwise justified
15 reason for Apple’s default 30% commission, which it has maintained since the opening of its App
16 Store.107 Nor was there such justification for this commission in the four years preceding the filing of
17 this suit. Nor, seen another way, is there pro-competitive or other justifiable reasons for the
18 continually low prices it pays iOS developers for digital wares sold in the App Store (or in apps
19 acquired therefrom). Rather, this unnatural price stability, under the circumstances alleged herein, is
20 a sure sign of Apple’s unlawful acquisition of monopoly power and the abuse of that market power.
21
104
22 Epic v. Apple Trial Tr. Vol. 15 at 3992:4-3993:1.
105
Epic v. Apple Trial Tr. Vol. 16 at 4081:3-7.
23 106
“Apple announces App Store Small Business Program,” Apple Newsroom, Nov. 18, 2020,
24 available at: https://www.apple.com/newsroom/2020/11/apple-announces-app-store-small-business-
program/ (last accessed July 27, 2022).
25 107
See, e.g., “A decade on, Apple and Google’s 30% app store cut looks pretty cheesy,” The
Register, Aug. 29, 2018, available at:
26 https://www.theregister.co.uk/2018/08/29/app_store_duopoly_30_per_cent/ (“Apple unveiled the
27 App Store in July 2008, and Android Market the following month, opening with the first Android
device that October. Apple set the 30 per cent rate, Google simply followed suit.”) (last accessed
28 July 27, 2022).
Case No.:
011083-11/1969605 V1
1 2. Commission rates charged at other stores
2 122. In addition to the foregoing, facts related to other stores help to illustrate the
3 supracompetitive, anticompetitive, and injurious nature of Apple’s 30% default commission rate.
4 These include the rates charged by other stores, set forth immediately below, as well as the example
5 of Amazon’s Coins program for its Appstore, discussed in Sec. V.L.2, infra.
6 a. Epic Games Store
7 123. In its August 29, 2018 article entitled, “A decade on, Apple and Google’s 30% app
8 store cut looks pretty cheesy,” The Register raised several important points and asked as many hard
9 questions with regard to Apple’s long-standing fee structure. The impetus for the article was the
10 developer Epic Games’ decision to distribute its popular Fortnite game to Android device owners
11 outside of Google Play.108 (Of course, due to Apple’s completely exclusionary practices, Epic Games
12 could not simply abandon the App Store—if it did so, thanks to Apple’s admitted policies and
13 practices, it could not reach any consumers in the iOS device and apps market.)
14 124. As reported in the article, Epic Games’ CEO, Tim Sweeney, told Forbes109 that
15 “[a]voiding the 30 percent ‘store tax’ is a part of Epic’s motivation.”110 “It’s a high cost in a world
16 where game developers’ 70 per cent must cover all the cost of developing, operating, and supporting
17 their games. And it’s disproportionate to the cost of the services these stores perform, such as
18 payment processing, download bandwidth, and customer service.”111 In a previous Register article,
19
20 108
Article available at:
https://www.theregister.co.uk/2018/08/29/app_store_duopoly_30_per_cent/ (last accessed July 27,
21 2022). The article’s subtitle and URL refer to a “duopoly.” There is no duopoly in a legal sense,
22 given the incompatibility between Android OS apps on the one hand and Apple iOS apps on the
other.
23 109
See “From ‘Fortnite’ To ‘Fallout 76,’ Publishers Are Sick of Google, Apple and Steam’s
Store Cuts,” Aug.13, 2018, available at: https://www.forbes.com/sites/insertcoin/2018/08/13/from-
24 fortnite-to-fallout-76-publishers-are-sick-of-google-apple-and-steams-store-cuts/#1c118ff2578c
25 (“Epic announced that Fortnite would indeed be coming to Android, but it would not be sold through
the Google Play store. Players would have to (somewhat clunkily) download it from Epic’s website
26 on their phones, and the game would then update itself independently of the Play store going
forward.”) (last accessed July 27, 2022).
27 110
https://www.theregister.co.uk/2018/08/29/app_store_duopoly_30_per_cent/.
111
28 Id.
Case No.:
011083-11/1969605 V1
1 Mr. Sweeney put it this way: “[F]rom the [developer’s] 70 percent, the developer pays all the costs,
2 of developing the game, operating it, marketing it, acquiring users and everything else. For most
3 developers that eats up the majority of their revenue.”112
4 125. After noting that one reader of a previous Register article had written: “I learned
5 something. Google take[s] 30%. That is some serious gouging,” the later article stated: “More
6 pertinently, after a decade, is the question why Apple and Google still take a 30 per cent cut. In a
7 competitive marketplace, wouldn’t that rate have been whittled down over the years?”113 As
8 plaintiffs allege and demonstrate herein, the answer is yes.
9 126. While the scale of Epic Games’ own endeavor—not only the sale of Fortnite outside
10 of Google Play, but a possible new game store for Android OS device owners—would be relatively
small compared to the Apple behemoth, such that it could not benefit from Apple’s economies of
11
scale (or experience at keeping down costs), its owner provided information illustrating the
12
supracompetitive nature of Apple’s 30% iOS app-distribution and IAP services fee. For its own
13
store, Epic Games opted to set a 12% commission rate.
14 127. This is plenty to achieve a reasonable profit, as explained by Epic Games’ CEO. Per
15 an MCV article entitled, “New Epic Games Store takes on Steam with just 12% revenue share – Tim
16 Sweeney answers our questions”114:
17 “While running Fortnite we [Epic] learned a lot about the cost of running a
digital store on PC. The math is quite simple: we pay around 2.5 per cent to 3.5 per
18 cent for payment processing for major payment methods, less than 1.5 per cent for
CDN costs (assuming all games are updated as often as Fortnite), and between 1 and 2
19 per cent for variable operating and customer support costs.” Sweeney told us.
20 “Fixed costs of developing and supporting the platform become negligible at a

large scale. In our analysis, stores charging 30 per cent are marking up their costs by
21 300 to 400 per cent," he reveals. “But with developers receiving 88 per cent of
22
112
“Game over for Google: Fortnite snubs Play Store, keeps its 30%, sparks security fears, Aug.
23 3, 2018,” Aug. 3, 2018, available at:
https://www.theregister.co.uk/2018/08/03/fortnite_security_fears/ (last accessed July 24, 2022). The
24 security fears of which the article also speaks could be avoided if Google permitted the distribution
25 of alternative game-store clients through Google Play—and likewise if Apple permitted the
distribution of game-store and other-digital-product-store clients through the App Store.
26 113
https://www.theregister.co.uk/2018/08/29/app_store_duopoly_30_per_cent/.
114
27 https://www.mcvuk.com/business/new-epic-games-store-takes-on-steam-with-just-12-
revenue-share-tim-sweeney-answers-our-questions (dated Dec. 4, 2018) (last accessed July 24,
28 2022).
Case No.:
011083-11/1969605 V1
1 revenue and Epic receiving 12 per cent, this store will still be a profitable business for
us,” he explains.115
2
128. That a newcomer like Epic Games expected to run a store profitably with a 12% fee
3
demonstrates how supracompetitive Apple’s default 30% developer fee truly is.116 More recently,
4
despite “front-load[ing] its marketing and user-acquisition costs to gain market share,” Epic Games
5
indicated that it “expects the Epic Games Store to become profitable by 2023 . . . .”117 Given Apple’s
6
experience, huge pre-installation base for the App Store (given that each iPhone, iPad, and iPod
7
touch bears the store client out of the box), and the economies of scale that have accrued over the
8
years, it is likely that it could earn a healthy profit by charging even less than 12% per covered
9
transaction.
10
b. Bandcamp
11
129. Recently, Epic Games acquired Bandcamp, an online store for digital music
12
distribution.118
13
130. As at least one commentator has noted, Bandcamp “‘charges its customers just 10-
14
15% commission,’ and sometimes nothing . . . .” “‘But that retailer has paid out around a billion
15
dollars to artists, and crucially, it says that it has long been profitable.”119 This, too, helps to indicate
16
the super-high nature of Apple’s default 30% commission rate.
17
c. Google Play
18
131. Following Apple’s adoption of its Small Business Program, Google established a
19
similar program, further illustrating how high Apple’s default 30% commission rate has been (and
20
is). Indeed, the Google Play small business program, unlike Apple’s SBP, lowers its standard rate
21
22
115
23 Id.
116
Despite “front-load[ing] its marketing and user-acquisition costs to gain market share,” Epic
24 Games has indicated that it “expects the Epic Games Store to become profitable by 2023 . . . .” Epic
Games, 559 F. Supp. 3d at 933-34.
25 117
26 118
See, e.g., “Is This the Real Reason Epic Games Acquired Bandcamp?” Music Business
Worldwide, Mar. 15, 2022, available at: https://www.musicbusinessworldwide.com/podcast/is-this-
27 the-real-reason-epic-games-acquired-bandcamp/ (last accessed July 27, 2022).
119
28 Id. (emphasis added).
Case No.:
011083-11/1969605 V1
1 from 30% to 15% for the first million dollars (USD) of revenue for all U.S. Android app developers,
2 starting anew each year, without a requirement of revenues under USD $1 million for the preceding
3 year.120 30% is and has been an arbitrary, super-high rate imposed by two giants in their respective
4 walled gardens.
5 d. Chrome Web Store
6 132. Another comparator comes from Google. Google has for years operated the Chrome
7 Web Store, whereby it sells certain (non-iOS) apps for use on computers, such as Windows laptops
8 and desktops.121 Google’s Chrome Web Store distribution fee for certain paid apps or in-app
9 products is only 5%,122 not the App Store’s (or Google Play’s) default 30%.
10 133. There is no indication that the Chrome Web Store is an eleemosynary venture, or that
11 Google is losing money by way of transaction fees set at 5%.
12 e. Microsoft Store
13 134. Last year, Microsoft announced that it was lowering its distribution-service fees for
14 various (non-iOS) apps and in-app products. In June 2021, it stated that it would move to an 85/15%
15 split in the Microsoft Store, with an 88/12% split for games.123
16 135. Moreover, Microsoft also announced that it, like Epic Games at that time, would
17 permit developers to use their own payment-processing systems. Thus, developers with their own, or
18
19 120
See, e.g., “Google Play drops commissions to 15% from 30%, following Apple’s move last
20 year,” TechCrunch, Mar. 16, 2021, available at: https://techcrunch.com/2021/03/16/google-play-
drops-commissions-to-15-from-30-following-apples-move-last-year/ (last accessed July 27, 2021)
21 (quoting Sameer Samat, VP of Android and Google Play: “This is why we are making this reduced
fee on the first $1 million of total revenue earned each year available to every Play developer that
22
uses the Play billing system, regardless of size. We believe this is a fair approach that aligns with
23 Google’s broader mission to help all developers succeed.”).
121
See https://chrome.google.com/webstore/category/extensions (last accessed July 24, 2022).
24 122
https://developer.chrome.com/webstore/pricing#seller (“The charge for using Chrome Web
25 Store Payments is 5%. For example, if you charge $1.99, you’ll receive $1.89.”) (last accessed July
27, 2022). But note that the developer.chrome website indicates that “[t] Chrome Web Store
26 payments system is now deprecated.” (Id. (emphasis in original).)
123
“Building a new, open Microsoft Store on Windows 11,” Windows Experience Blog, June 24,
27
2021, available at: https://blogs.windows.com/windowsexperience/2021/06/24/building-a-new-open-
28 microsoft-store-on-windows-11/ (last accessed July 27, 2022).
Case No.:
011083-11/1969605 V1
1 third-party, commerce platforms soon would soon be able to sell their digital wares via the Microsoft
2 Store at a 0% commission rate.124
3 136. Previously, in 2019, Microsoft announced that it had lowered its distribution-service
4 fees for various (non-iOS) apps and in-app products.125
5 137. Microsoft’s App Developer Agreement, v. 8.4, with an effective date of March 5,
6 2019, covered apps built for Windows and sold through the Microsoft Store. Among other fee
7 reductions, Microsoft reduced its distribution fees (called Store Fees) per the following from 30% to:
8 iii. Fifteen percent (15%) of Net Receipts for any Apps that are not Games (and any
In-App Products in such Apps) when: (a) a Customer acquires such App or In-App
9 Product in a version of the Microsoft Store not listed in Section 6(b)(i)(c) on a
Windows 10 device that is not an Xbox console; and (b) the Customer acquisition was
10 driven by Microsoft (with such acquisition referral being marked with an OCID).
11 iv. Five percent (5%) of Net Receipts for any Apps that are not Games (and any In-
App Products in such Apps) when: (a) a Customer acquires such App or In-App
12 Product in a version of the Microsoft Store not listed in Section 6(b)(i)(c) on a
Windows 10 device that is not an Xbox console; and (b) there is either:
13
(i) Customer acquisition of such App or In-App Product driven by you (with
14 such acquisition referral being marked with a CID);
15 (ii) Customer acquisition of such App or In-App Product driven by both you
and Microsoft (with such acquisition referral being marked with a CID and an OCID);
16 or
17 (iii) Customer acquisition of such App or In-App Product that was not driven
by either party (with such lack of acquisition referral being marked by the absence of
18 either an OCID or a CID).126
19
20
21
124
22 See id.
125
See, e.g., “Microsoft is now giving consumer app developers up to 95 percent of their Store
23 app sales,” ZD Net, March 7, 2019, available at: https://www.zdnet.com/article/microsoft-is-now-
24 giving-consumer-app-developers-up-to-95-percent-of-their-store-app-sales/ (last accessed July 27,
2022).
25 126
Compare Microsoft App Developer Agreement, v.8.4, Effective Date: Mar. 5, 2019, available
at: https://web.archive.org/web/20190409082807/https://docs.microsoft.com/en-
26 us/legal/windows/agreements/app-developer-agreement (last accessed July 27, 2022), with Microsoft
27 App Developer Agreement, v.8.3, Effective Date: May 23, 2018, available at:
https://web.archive.org/web/20190117150043/https://docs.microsoft.com/en-
28 us/legal/windows/agreements/app-developer-agreement (last accessed July 27, 2022).
Case No.:
011083-11/1969605 V1
1 138. Again, these rates contrast(ed) with Apple’s default, supracompetitive 30% rate for
2 iOS app-distribution and IAP services. There is no indication that Microsoft will not earn a
3 reasonable profit on its services.
4 f. Amazon Appstore
5 139. Amazon also has announced price cuts for its Appstore services.
6 140. For small developers, Amazon stated in June 2021 that its commission rate soon
7 would be 20%; moreover, Amazon stated that it would credit those developers with Amazon Web
8 Services credits equivalent to 10% of their revenue, which would sweeten the deal substantially.127 It
9 began implementing the program in December 2021.128
10 141. Developers of skills apps for Amazon’s Alexa devices likewise are seeing their
11 revenue share increase:
12 Starting this month, developers that earn less than $1MM in aggregate annual
revenue from In-Skill Purchasing (ISP), Subscriptions, and Paid Skills will now
13 receive revenue share of 80% — an increase from the earlier revenue share model of
70/30. In addition, these developers will also receive 10% of their skills’ earnings as
14 an additional value back incentive. This incentive will be paid out in cash for 2022. In
the future, we expect to offer developers this same value as traffic promotional credits
15 that can be applied toward Promoted Skills: a self-serve skill promotion offering
which we are also announcing today designed to drive traffic to skills. We’ll share
16 more about Promoted Skills later this year. With these incentives, the revenue share
for skill developers will effectively go up to 90/10. The increased revenue share
17 model goes into effect starting with the earnings for the month of July 2022.129
18
19
20
127
“Coming Soon: Amazon Appstore Small Business Accelerator Program,” Appstore Blogs,
21
June 15, 2021, available at: https://developer.amazon.com/blogs/appstore/post/93e89be7-1611-4764-
22 8f97-f4eef0a7c0e0/coming-soon-amazon-appstore-small-business-accelerator-program (last accessed
July 27, 2022); “Small Business Accelerator Program,” Amazon Appstore—Make money from your
23 apps, available at: https://developer.amazon.com/apps-and-games/services-and-
apis/monetization#sbap (“Developers with less than 1 million USD in the previous calendar year
24 now receive an increased 80/20 revenue share - no action required.”) (last accessed July 27, 2022).
128
25 “Small business developers now earn more,” Amazon Appstore Developer, Dec. 28, 2021,
available at: https://developer.amazon.com/apps-and-games/blogs/2021/12/small-business-
26 developers-now-earn-more (last accessed July 27, 2022).
129
27 “Amazon announces new Sill Developer Accelerator Program for Alexa,” Alexa, July 20,
2022, available at: https://developer.amazon.com/en-US/blogs/alexa/alexa-skills-kit/2022/07/Alexa-
28 live-skill-developer-accelerator-program-july-2022 (last accessed July 27, 2022).
Case No.:
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1 3. Apple’s maximization of its super-high commission by pricing mandates
2 142. Apple maximizes its expensive commission by also insisting, with certain
3 exceptions,130 that paid apps and in-app products be priced no less than USD $.99 (or equivalent) at
4 minimum and in sums ending in USD 99 cents (or analogous/equivalent) for higher-priced apps and
5 in-app products. For example, no USD $.49 (or equivalent) or $1.49 (or equivalent) regular-priced
6 apps or in-app digital items are allowed. This adds to Apple’s profit by ensuring that when its default
7 commission rate applies, and where its standard pricing terms apply, it collects roughly USD $.30 on
8 every paid sale at U.S.-App Store-digital-storefront and U.S.-digital-App Store-digital-storefront-
9 equivalent pricing.131
10 143. Apple’s minimum USD $.99 (or equivalent) and end-in-USD $.99 (or
11 analogous/equivalent) pricing are unlawful exercises of its ill-gotten and ill-maintained monopoly
12 (or, alternatively, monopsony) market power.
13 144. Low-price apps sell especially well, but Apple will not allow regular paid pricing in
14 the U.S., for example, to fall below its prescribed minimum, to the detriment of developers. They see
15 less sales than they would if they could price apps at lower price points such as USD $.49. This
16 diminishes output in app and in-app product distribution services.
17 145. Apple’s requirement of prices ending in USD $.99 (or equivalent) also inhibits sales
18 and output in app and in-app-product transactions. For example, developers cannot offer $1.49 or
19
20
21 130
These include alternate tiers in certain App Store storefronts, as well as variations based on
22 exchange rates and taxes.
131
While many apps are initially free to consumers, such that Apple does not charge their
23 developers at the time consumers download them, many developers monetize their work by offering
24 digital products in-app for a fee (and Apple collects its 30% commission accordingly). (See, e.g.,
“Choosing a business model,” available at: https://developer.apple.com/app-store/business-models/
25 (last accessed July 27, 2022).)
Apple touts at least two business models that allow developers to monetize their creations by
26 selling in-app digital products: “freemium” and “paymium.” (See, e.g., id.) Again, Apple charges
27 developers a default 30% commission on such sales (though again, there are exceptions for its
recently established Small Business Program and for subscriptions of a specified duration, among
28 other limited exceptions—see, e.g., id.).
Case No.:
011083-11/1969605 V1
1 $1.69 (or equivalent) paid apps or in-app products (but for possible exceptions in certain foreign iOS
2 App Store digital storefronts).
3 146. There is no pro-competitive or lawful justification for these pricing mandates.132
4 147. Notably, as part of a 2021 settlement with U.S. iOS developers, Apple agreed to
5 “expand the number of price points available to developers for subscriptions, in-app purchase, and
6 paid apps” significantly.133
7 4. Apple’s added annual fee
8 148. What is more, Apple charges its “tens of thousands of registered iOS app developers”
9 an additional USD $99 per year.134 (To reiterate, “[e]nrollment is 99 USD (or in local currency where
10 available) per membership year”135) This additional charge, aggregated, surely offsets and exceeds
11 much of, if not most or all of, the cost of Apple’s curation and security efforts for most if not all such
12 iOS developers, as well as payment processing and other functions. Moreover, paying that USD $99
13 fee annually can also obliterate profits for app developers that are trying to build business, including
14 because it cuts into funds available to market their wares (a critical matter given the severe
15 discoverability problem in a single store crammed with some two million apps).
16 5. Apple’s supracompetitive profits
17 149. Apple’s anticompetitive app-distribution and IAP distribution system, together with
18 its super-high pricing, have given rise to stories of its enormous, supracompetitive App Store
19 profits136—the result of its unfair taxation of the market for iOS app-distribution and IAP services.
20
132
“Settlement Agreement and Release” in Cameron v. Apple Inc., N.D. Cal. No. 4:19-cv-03074-
21 YGR, ¶ 5.1.4.
133
22 E.g., “Apple, US developers agree to App Store updates that will support businesses and
maintain a great experience for users,” Apple Newsroom, Aug. 26, 2021, available at:
23 https://www.apple.com/newsroom/2021/08/apple-us-developers-agree-to-app-store-updates/ (last
24 134
Apple Sup. Ct. Pet. Br. at 7.
25 135
memberships/.
26 136
See, e.g., “Apple’s App Store Generated Over $11 Billion in Revenue for the Company Last
27 Year,” Forbes, Jan. 6, 2018, available at:
https://www.forbes.com/sites/chuckjones/2018/01/06/apples-app-store-generated-over-11-billion-in-
28 revenue-for-the-company-last-year/#63205d266613 (“Apple reported that its App Store generated
Case No.:
011083-11/1969605 V1
1 As the court found in Epic Games, following trial, Apple’s App Store profits well exceeded 70%,
2 persistently.137 Per the court, “under any normative measure, the record support[ed] a finding that
3 Apple’s operating margins tied to the App Store are extraordinarily high. Apple did nothing to
4 suggest operating margins over 70% would not be viewed as such.”138
5 150. Apple’s super-high profit margins are both indicative of its monopoly market power
6 and an exercise of it.
7 151. There is, after all, no competitive check on Apple’s pricing or profit-taking behavior.
8 For example, Google LLC owns and operates the Google Play store. But Google Play is a separate
9 walled garden for the sale of Android OS apps that operate on Android OS (or Chrome OS) devices.
10 As Google explains: “Other operating systems: Devices running other operating systems (including
11 Apple and Windows devices) are not supported for downloading Android apps on Google Play.”139
12 This is because iOS and Android devices and apps are incompatible. So again, even if the Google
13 Play store were available on iOS devices—and it is not—it would put no pressure on Apple to lower
14 distribution fees to iOS developers because those developers could not sell their wares in Google
15 Play. And because Apple does not allow its device owners access to other iOS stores (and prohibits
16 its iOS developers from selling their iOS digital wares in alternative venues anyway), there is no
17 downward pressure on Apple’s commissions (or upward pressure on the prices it pays to iOS
18 developers).
19
20 over $26.5 billion in revenue for developers in 2017, which was up about 30% year-over-year. This
means that the App Store created approximately $11.5 billion in revenue for the company.”)
21 (emphasis added) (last accessed July 27, 2022). And while Apple likes to tout what iOS developers
22 have earned by selling their products through the only iOS store available to them, the fact that the
numbers may be large in isolation does not speak to their fairness vis-a-vis Apple’s developer fees
23 and other charges. Developers would have earned more but-for Apple’s mandates and practices as
alleged herein.
24 137
138
25 Id. at 953 (emphasis added).
139
“System requirements,” available at:
26 https://web.archive.org/web/20190423183512/https://support.google.com/googleplay/answer/284419
27 8?hl=en (last accessed July 27, 2022); see also “Google Play supported devices,” available at:
https://support.google.com/googleplay/answer/1727131?hl=en (last accessed July 27, 2022) (linking
28 to lists of “Android devices” and “Chrome OS devices” “that use Google Play.”).
Case No.:
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1 I. Alternatively, as a retailer, Apple has underpaid developers.
2 152. Alternatively, since July 2008, when it launched the iOS App Store, and despite the
3 accrual of efficiencies and economies of scale, Apple as a digital product retailer has underpaid iOS
4 developers for the digital products it sells in its iOS App Store (or for digital in-app products sold in
5 the iOS App Store or in apps acquired therefrom).
6 J. The lack of competition has diminished the quality of Apple’s services.
7 153. Furthermore, with no competition to spur Apple to improve, the quality of its services
8 is diminished.
9 1. Slow payments
10 154. Naturally, iOS developers, like all who engage in commerce, wish to get paid for their
11 products as soon as possible. But Apple’s monopolization of the market, including as to payment
12 processing, circumvents the ability of would-be competitors to better serve developers, and for
13 developers to be better served.
14 155. Apple’s requirement that iOS developers use its IAP services entails the use of
15 Apple’s payment processing system, which is subject to Apple payout policies.140 Unfortunately, this
16 means that developers must endure the six-plus-weeks’ delays in funds distribution that are built into
17 Apple’s system.141 If iOS developers were allowed to use other systems besides Apple’s IAP, or
18 allowed to use other payment processors in conjunction with the IAP system, they could engage
19 third-party payment processors that would get their money to them much sooner.142
20
21 140
See, e.g., “Getting paid overview,” available at: https://help.apple.com/app-store-
22 connect/#/dev6a92b6d7b (last accessed July 27, 2022); “Workflow for configuring in-app
purchases,” available at: https://help.apple.com/app-store-connect/#/devb57be10e7 (last accessed
23 July 20, 2022).
141
24 See, e.g., “Getting paid overview,” available at: https://help.apple.com/app-store-connect/#/
dev6a92b6d7b (“If you meet those requirements, payments are made to the bank account and
25 currency you provided within 45 days of the last day of the fiscal month in which the transaction was
completed.”) (last accessed July 27, 2022).
26 142
Compare id., with, e.g., “Receiving Payout,” available at:
27 https://stripe.com/docs/payouts#payout-schedule (referring to two-and-three-business-day and seven-
calendar-day payout schedule for U.S. accounts, depending on assessed risk level, for the payment
28 processor Stripe) (last accessed July 27, 2022).
Case No.:
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1 156. The sheer size of the market for iOS apps and in-app products—many, many billions
2 of app downloads per year,143 giving rise to billions of purchases of in-app products per year144—also
3 means that a large, and certainly not insubstantial, amount of payment processing by other entities is
4 foreclosed by Apple’s anticompetitive behavior, which in general allows none where iOS digital
5 products are concerned.
6 2. Inferior refunds
7 157. By its DPLA, Apple also takes over the refund function between developers and their
8 end-user consumers.145
9 158. As the court found in Epic Games:
10 Apple does a poor job of mediating disputes between a developer and its
customer. Consumers do not understand that developers have effectively no control
11 over payment issues and or even access to consumers’ information. Consequently, it
can be frustrating for both sides when issues arise relating to the inability to issue and
12 manage the legitimacy of requests for refunds.146
13 159. This leads to inefficiencies and poor customer service. It also means that developers
14 cannot implement their preferred refund policies, nor can they tailor refunds to customer histories.
15 Worse, due to Apple’s lack of visibility into transactions, its policies actually can increase fraud.
16 Also, only recently did Apple begin to provide developers with information that a refund had been
17 issued; moreover, developers had no ability to remove the refunded feature to prevent its further use.
18 Developers cannot respond effectively under these conditions when a refund is requested (and
19
20
21 143
According to Apple, “[m]ore than 4B apps [are] distributed each day . . . .” (“The apps you
22 love. From a place you can trust,” available at: https://www.apple.com/app-store/ (last accessed July
27, 2022).)
23 144
See, e.g., “A Global Perspective on the Apple App Store Ecosystem,” Analysis Group, June
2021, available at: https://www.apple.com/newsroom/pdfs/apple-app-store-study-2020.pdf
24 (estimating billings and sales of “Digital Goods and Services” at $86 billion worldwide for 2020—
25 the term “billings” was used to refer “specifically to payments generated by paid downloads and in-
app purchases, including subscriptions, that use the Apple in-app payment systems . . . .” (last
26 accessed July 27, 2022.
145
E.g., Ex. A, ¶ 3.4 (“You will not issue any refunds to end-users of Your Application, and You
27 agree that Apple may issue refunds to end-users in accordance with the terms of Schedule 2.”).
146
28 559 F. Supp. 3d at 951 (footnote omitted).
Case No.:
011083-11/1969605 V1
1 given), particularly if the request is one based on purported customer dissatisfaction with the
2 developer’s product.147
3 160. Apple does not provide better service in these regards because it is the only game in
4 town.
5 3. Other interference in the relationship between developers and end-users
6 161. In 2020, the CEO of an app maker explained Apple’s interference with the developer
7 - end-user relationship. According to his post, the interference went beyond refunds.
8 162. As he explained:
9 Most people don’t know what happens to your customer relationship when
you’re forced to accept In App Payments or offer subscriptions in Apple’s App Store.
10 1. When someone signs up for your product in the App Store, they aren’t
technically your customer anymore - they are essentially Apple’s customer. They pay
11 Apple, and Apple then pays you. So that customer you’ve spent years of time,
treasure, and reputation earning, is handed over to Apple. And you have to pay Apple
12 30% for the privilege of doing so!
13 2. You can no longer help the customer who’s buying your product with the
following requests: Refunds, credit card changes, discounts, trial extensions, hardship
14 exceptions, comps, partial payments, non-profit discounts, educational discounts,
downtime credits, tax exceptions, etc. You can’t control any of this when you charge
15 your customers through Apple’s platform. So now you’re forced to sell a product -
with your name and reputation on it - to your customers, yet you are helpless and
16 unable to help them if they need a hand with any of the above.148
17 163. Again, with no competition, Apple is disincentivized to fix this sort of interference to
18 the satisfaction of all concerned. This sort of unfortunate interference is another detrimental outcome
19 of Apple’s behavior.
20 K. Nor does the potential for web apps alleviate the harm to plaintiffs or competition.
21 164. Nor does the potential for creating web apps alleviate the harm to plaintiffs or
22 competition. Web apps are not substitutes for native iOS apps. They are not the digital product at
23 issue, nor do they take the same skill set to create as to native apps.
24
25
26 147
See, e.g., id.
148
27 “Our CEO’s take on Apple’s App Store payment policies, and their impact on our relationship
with our customers,” Hey.com, June 19, 2020, available at: https://www.hey.com/apple/iap/ (last
Case No.:
011083-11/1969605 V1
1 165. Consider the success of the one App Store, which Apple regularly speaks to. Despite
2 Apple’s excessive pricing and take-it-or-leave-it terms relating to the distribution and sale of iOS
3 apps and in-app products, the App Store sells a lot of iOS apps and in-app products every year.
4 Consumers understand native apps. They visit an app store, in this case the iOS App Store, and
5 acquire an app which is then uploaded to their Apple-branded mobile device by way of a familiar
6 process. It is the way that Apple has trained them to acquire apps.
7 166. Then there are unfamiliar, and inferior, web apps. As one source explains:
8 A web app is an application that the user does not download and instead
accesses via a web browser over a network. Example web browsers include Google
9 Chrome, Safari and Mozilla Firefox. Web apps provide functionality from bank
account access to YouTube video viewing via, for example, Safari on an iPhone.
10
While native apps are written to the specific device, a majority of web
11 applications can be written in JavaScript, CSS and the standard version of HTML for
universal use across various browsers. Web apps can use a single code base because
12
they are not designed around a specific device. Web apps are fast and simple to build,
13 but are not as versatile and quick as native apps.149
14 167. Among the technology that diminishes the quality of web apps and the web-app
15 experience is Apple’s own WebKit browser engine and its relationship to Apple’s Safari browser,
16 which many consider to be inferior in quality to, and lacking in key features as compared to, other
17 browsers.150 Further, because of Apple policies mandating the use of WebKit on all web browsers
18 used on iOS devices, and because of Apple’s restrictions on the use of certain of its Application
19 Programming Interfaces (API), no browser can do better than Apple’s own Safari browser.151
20 Further, Apple limits the abilities and performance of web apps accessed via third-party browsers
21 versus those accessed via Safari, including as to full-screen use, installation of web apps on the home
22 screen (which can only be done via Safari), use of extensions, mandatory use of Apple Pay within
23
149
Definition of “web app,” per “Definition, native app,” available at:
24 https://www.techtarget.com/searchsoftwarequality/definition/native-application-native-app (last
150
See generally “Response to Mobile Ecosystems Interim Report, Brower and Web-App
26 Remedies v.1.2,” Open Web Advocacy, available at: https://open-web-advocacy.org/files/OWA%20-
%20Response%20to%20Mobile%20Ecosystem%20Interim%20Report%20-%20v1.1.pdf (last
27 accessed July 27, 2022), and id. at 5.
151
28 See generally id., and id. at 5.
Case No.:
011083-11/1969605 V1
1 Apple’s Web Payments API, and in-app favoring of Safari, no matter the end-user’s default browser
2 choice.152 Thus, among other ill effects, innovation is diminished and held hostage to WebKit and
3 Safari.
4 168. Not surprisingly, this state of affairs favors Apple. As the U.K.’s Competition &
5 Markets Authority (CMA) recently has observed:
6 There are two main ways in which Apple benefits from the ways in which the
WebKit restriction harms other browsers’ ability to compete.
7
First, Apple receives significant revenue from Google by setting Google
8 Search as the default search engine on Safari, and therefore benefits financially from
high usage of Safari. Safari has a strong advantage on iOS over other browsers
9 because it is pre-installed and set as the default browser. The WebKit restriction may
help to entrench this position by limiting the scope for other browsers on iOS to
10 differentiate themselves from Safari (for example being less able to accelerate the
speed of page loading and not being able to display videos in formats not supported
11 by WebKit). As a result, it is less likely that users will choose other browsers over
Safari, which in turn secures Apple’s revenues from Google.
12
Second, and as discussed in Chapter 4, Apple generates revenue through its
13 App Store, both by charging developers for access to the App Store and by taking a
commission for payments made via Apple IAP. Apple therefore benefits from higher
14 usage of native apps on iOS. By requiring all browsers on iOS to use the WebKit
browser engine, Apple is able to exert control over the maximum functionality of all
15 browsers on iOS and, as a consequence, hold up the development and use of web
apps. This limits the competitive constraint that web apps pose on native apps, which
16 in turn protects and benefits Apple’s App Store revenues.153
17 169. In sum, Apple knows well that web apps are inferior to iOS native apps; its
18 technologies and self-serving policies give rise to this inferiority; and Apple benefits thereby. Web
19 apps are not real substitutes for iOS apps and related distribution and IAP services; in fact, Apple’s
20 behavior with respect to them is part of its willful acquisition and maintenance of monopoly (or
21 monopsony) power.
22 L. Apple’s deliberate and unlawful practices harm competition, iOS developers, and end-
user consumers of iOS apps and in-app products, too.
23
170. Apple’s monopolistic practices—its determination that it be the sole provider of iOS
24
app-distribution and IAP services, and that it run the lone iOS app store in the market for iOS app-
25
26 152
See generally id., and id. at 6-7.
153
27 “Mobile ecosystems, market study final report,” U.K. Competition & Markets Authority, June
10, 2022, available at: https://www.gov.uk/government/publications/mobile-ecosystems-market-
28 study-final-report (last accessed July 27, 2022).
Case No.:
011083-11/1969605 V1
1 distribution and IAP services—kills competition. Apple did not beat competitors in the iOS app and
2 in-app product space; it boxed out all potential competition deliberately, by way of technical means
3 and adhesive contract.154
4 171. Also, Apple taxes iOS developers at supracompetitive rates. What is more, Apple’s
5 distribution charges are so high that undoubtedly they keep many would-be iOS developers out of
6 the App Store; these developers will decline to take the financial risk, and to invest development
7 time and effort, as well as marketing resources, given that Apple will take such a large percentage of
8 their app and in-app product sales. Additionally, the fact that apps are not discoverable due to the
9 sheer amount of product in the one iOS app store hurts iOS developers and end-user buyers of iOS
10 apps and in-app products, and it deters the production of new and better apps and in-app products.
11 172. Furthermore, Apple’s practices harm iOS device consumers by robbing them of
12 innovation and choice. They rob iOS-device end-users of more other apps that might be truly useful,
13 fun, or innovative, due to the exorbitant distribution charges that iOS developers must pay, and also
14 due to Apple’s refusal to permit the sale of paid apps and in-app products that do not end in USD 99
15 cents (or its equivalent)—e.g., generally speaking, there are no USD $.49 (or equivalent) apps or in-
16 app digital products available to them.
17 1. Apple’s harm to competition and iOS developers, as well as end-user consumers,

including by depression of output
18
173. Evidence shows that consumers of app-store products are quite price sensitive.155
19
Apple’s high transaction fees, therefore, inhibit sales of products sold via the App Store.156 Thus,
20
sales of iOS app-distribution and IAP services are inhibited as well. In other words, Apple’s fees
21
depress output.
22
23
154
E.g., Epic Games, 559 F. Supp. 3d at 993.
24 155
See, e.g., “Only 33% of US Mobile Users Will Pay for Apps This Year,” Feb. 5, 2015,
25 available at https://web.archive.org/web/20220120040214/https://www.emarketer.com/Article/Only-
33-of-US-Mobile-Users-Will-Pay-Apps-This-Year/1011965 (“Put a dollar sign in front of an app,
26 and the number of people who are willing to download and install it drops dramatically. According
to a new forecast from eMarketer, 80.1 million US consumers will pay for mobile apps at least once
27 this year, representing only 33.3% of all mobile users.”) (last accessed July 27, 2022).
156
28 See ¶ 19, supra.
Case No.:
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1 174. So do Apple’s USD $.99 (or equivalent) minimum price and end-in-.99 (or
2 analogous/equivalent) pricing mandates. Apple itself recognizes this by way of contractual terms that
3 set and allow alternative prices in certain other countries:157 lower prices move more apps and in-app
4 products, which would give rise to more sales of iOS app-distribution and IAP services.
5 175. What is more, cramming so many apps into the one iOS app store also depresses
6 output. Without alternative iOS app stores, which could feature more and other apps, and certain
7 kinds of apps, many iOS apps (and, therefore, iOS in-app products) will never reasonably be found,
8 or they will not be built in the first place, especially without the wherewithal to risk lots of money on
9 marketing.
10 176. To reiterate: Apple currently touts the 1.8 million apps available in the App Store,158
11 of every type and variety. It says (and has said) that it reviews “100k” more each week,159 and
12 previously it said that it approved 60% of them on the first try.160 In a competitive marketplace, the
13 availability of more and varied product for sale would lead to more distribution-transaction output.
14 177. But by making itself the sole avenue of retail sales for iOS apps and in-app products,
15 Apple depresses output in the market for iOS app and in-app-product distribution services by way of
16 the sheer number and variety of apps that clog the App Store.161 With discoverability so strongly
17 impacted, apps (and, therefore, in-app products) get lost. Unsurfaced apps (and in-app products) will
18 and do not give rise to as many sales of iOS app-distribution and IAP services; and the fact of the
19 severe discoverability problem caused by Apple’s anticompetitive behavior will and does deter
20 developers at the outset. That is, fewer sales to end-user consumers correspond to fewer sales of iOS
21 app-distribution and IAP services.162 Output is depressed.
22
23
24 157
See n.65, supra (discussing pricing schedule).
25 158
See n.22, supra.
159
26 See n.24, supra.
160
See id.
27 161
See ¶¶ 176-78, supra.
162
28 See id.
Case No.:
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1 178. If Apple did not prohibit all competition by inescapable fiat, other stores from
2 competitors big and small would be inevitable, as others sought to service the many tens of millions
3 of iOS-device end-user consumers and the millions and millions of iOS app developers, including
4 those among the latter who presently make their apps and in-app products available for sale in or via
5 the App Store (or in apps acquired therefrom). Large competitors such as Amazon might enter the
6 field, as it has with respect to Android OS apps, but also specialty stores as well. Each such store
7 would become another way by which iOS app developers could get their products seen. This would
8 lead to more sales and the need for more distribution transactions, such that output in the iOS
9 distribution-services market would increase.
10 2. Apple’s stifling of innovation
11 179. Apple’s anticompetitive behavior also stifles innovation in the market for iOS app-
12 distribution and IAP services.163
13 180. For example, Amazon devised an alternative way of distributing Android OS apps,
14 Amazon Underground, which made apps and in-app purchases “actually free” to consumers.164
15 Amazon paid (or pays) developers according to how much time consumers spend interacting with the
16 apps.165 Yet Apple’s contracts and practices would not allow Amazon or any other competitor to
17 distribute the client for an iOS version of this store (or something similar) via the App Store (even as
18 Amazon distributes several other Amazon apps through the App Store).166 Simply put, Apple bars all
19 competitors from offering distribution and IAP services to iOS developers.
20
21
22
163
23 E.g., Stephen D. Houck, Injury to Competition/Consumers in High Tech Cases, St. Johns L.
Rev. Vol. 5, Iss. 4, 593, 598 (2001) (“Any assessment of a restraint’s anticompetitive impact,
24 however, will be incomplete if limited to price and output effects. The restraint’s impact on
consumer choice and innovation must also be considered.”).
25 164
See, e.g., “Amazon offers up ‘actually free’ apps and games with its new Underground app,”
26 Android Authority, Aug. 26, 2016, available at: https://www.androidauthority.com/amazon-
underground-new-app-actually-free-637062/ (last accessed July 27 2022).
27 165
Id.
166
28 See, e.g., n.188, supra.
Case No.:
011083-11/1969605 V1
1 181. Surely Apple’s aggressive, anticompetitive behavior is one reason why Amazon
2 decided to shutter Amazon Underground in 2019.167 Industry analysts perceived Amazon’s extreme
3 uphill battle from the outset. One put it this way:
4 The first issue is scale. For a system like this you need critical mass and scale
in terms of audience and content. Amazon’s hands were tied because they weren’t
5 able to make Underground readily available on iOS (obviously) or Google devices.168
6 That means they were always going to be limited to those people with Fire
devices or who were motivated enough to use more than one app store. . . .169
7
182. Another analyst put it this way:
8
User acquisition is still the biggest challenge
9
Amazon’s revamped plans offer app publishers an innovative new model for
10 monetising certain apps but it may not be enough to address its major challenge: how
to persuade Android users to download an alternative store to Google Play. . . .
11
Underground’s economics will not fit all apps
12
Amazon has published guidelines regarding which apps best suit the new
13 Underground service, focusing on apps which had either previously been paid apps
and those which monetise via non-subscription in-app purchases. Amazon can also
14 insert advertising within each Underground app, which will help it monetise the
audience rather than simply using Underground to attract a new audience.
15
Amazon promises to pay $0.0020 to developers for each minute spent within
16 app, meaning a user would have to spend 8.3 hours using an app to generate a $1 pay-
out to the developer.
17
Unlike the traditional freemium model, in which a good conversion rate would
18 mean 2%-5% of the audience pays for any content, developers using Amazon
Underground will get some form of monetisation from each app user.
19
Developers at the top of the app store chart, whose apps generate hundreds of
20 millions of dollars revenue per quarter, are unlikely to adopt Amazon Underground.
But for developers with apps lower down the charts and those looking to extend the
21
167
22 See, e.g., “Why is Amazon shutting down its Underground initiative?” May 9, 2017, available
at: https://www.pocketgamer.biz/mobile-mavens/65694/why-is-amazon-shutting-down-its-
23 underground-initiative/ (“It was part of a long-term strategy with bold ambitions to change the way
mobile developers made games, but two years on Amazon has announced that Underground will no
24 longer feature on the Amazon Appstore as of Summer 2017, with the program officially ending in
25 2019.”) (last accessed July 27, 2022).
168
Id. (emphasis added). Of course, unless they jailbreak their devices and risk voiding their
26 Apple hardware warranties, iOS users cannot download alternative stores at all per Apple’s admitted
design and practices.
27 169
Id. (quoting Oscar Clark, “Author, Consultant and Independent Developer Rocket Lolly
28 Games”) (emphasis added).
Case No.:
011083-11/1969605 V1
1 life of older catalogue titles, Amazon Underground is worth consideration as a way to

drive incremental revenues . . . .170
2
Other stores are unlikely to follow suit, for now
3
4 Amazon’s Underground app program is a response challenging market

position. As a challenger store with limited market share, Amazon has to innovate to
5 attract users. It also needs to give developers a reason to provide content for its store.
Amazon can offset the costs of running the Underground program by tying its users
6 more closely into its ecosystem and driving retail transactions and other content
revenues; Amazon Prime Video and its retail store are available alongside mobile
7
apps in Underground. Market leaders Apple and Google do not struggle to attract
8 users or app publishers and the share they take from app transactions have become
significant revenue streams, so there is no incentive for them to adopt a similar
9 program.171
10 183. But even as Apple has shut out even well-resourced potential competitors such as
11 Amazon, Amazon has innovated by way of its Amazon Coins program. This program allows
12 consumers to buy apps at a discount in the Amazon Appstore.172 For example, on July 24, 2022, the
13 popular game Minecraft is priced at the same nominal sum of $6.99 in both Apple’s App Store and
14
15
16
170
This sort of competition and innovation also would boost output of transactions.
17 171
See “Amazon Underground innovates with free apps but faces challenges,” Oct. 7, 2015,
18 available at:
https://web.archive.org/web/20160530233912/https://technology.ihs.com/550085/amazon-
19 underground-innovates-with-free-apps-but-faces-challenges (emphasis added) (last accessed July 27,
2022).
20 172
Amazon’s default revenue split in its own Appstore is also 70% developer / 30% store
21 operator, as with Apple. (See “Amazon Developer Services Agreement,” July 20, 2022 update,
available at: https://developer.amazon.com/support/legal/da (last accessed July 27, 2022).) On the
22 other hand, its Amazon Coins program allows end-user consumers to save money on the purchase
price of apps and in-app products every day, and it allowed developers to continue to earn their 70%
23
developer share. (See
24 https://www.amazon.com/dp/B018HB6E80/ref=twister_B009CDKIA8?_encoding=UTF8&psc=1#w
(explaining Amazon Coins programs and noting: “Buy Amazon Coins and save on apps, games, and
25 in-app items,” and showing example of $500 worth of coins priced at $400) (last accessed July 27,
2022);
26 https://web.archive.org/web/20190617084114/https://developer.amazon.com/blogs/appstore/post/cba
27 deae1-990d-4d52-bef5-ea61f6114b94/announcement-amazon-actually-free-program (“Customers
can buy Amazon Coins at a discount, while developers continue to get their full 70 percent revenue
28 share.”) (last accessed July 27, 2022).)
Case No.:
011083-11/1969605 V1
1 Amazon’s Appstore.173 But by using Amazon Coins, a purchaser could save 20%, bringing her price
2 to approximately $5.59:
3 Minecraft
By Mojang
4
***
5
Price: $6.99
6
Special offers available
7 Save up to 20% on this app and its in-app items when you purchase Amazon Coins.
Learn More
8
Sold by: Amazon.com Services LLC
9
10 This program drives transaction volumes by offering consumers lower prices, while at the same time
11 allowing developers their revenue share based on the nominal price (in this case, $6.99).174
12 Effectively, Amazon lowers (or lowered) the price of its distribution fee through this program. By
13 remitting $4.89 ($6.99 x .7) to the developer on the sale of a game that is nominally priced at $6.99,
14 but for which it collects only $5.59 ($6.99 x .8) from the consumer, this leaves only approximately
15 $.70 for the distribution fee it collects. Thus, Amazon effectively lowers (or lowered) the
16 commission rate to only 10% of the $6.99 nominal price or 12.5% of the $5.59 effective price. This
17 is the sort of competition that developers are denied by way of Apple’s abusive monopoly: more
18 sales driven by consumer-side discounts, with lower distribution (and IAP-type) fees.
19
20
21
22
23 173
Compare https://apps.apple.com/us/app/minecraft/id479516143 (last accessed July 27, 2022
24 with https://www.amazon.com/Mojang-
Minecraft/dp/B00992CF6W/ref=sr_1_1?crid=1RRFSOVVD1JWR&keywords=minecraft&qid=1658
25 692839&s=mobile-apps&sprefix=minecraft%2Cmobile-apps%2C139&sr=1-1 (last accessed July 27,
2022).
26 174
https://www.amazon.com/Mojang-
27 Minecraft/dp/B00992CF6W/ref=sr_1_1?crid=1RRFSOVVD1JWR&keywords=minecraft&qid=1658
692839&s=mobile-apps&sprefix=minecraft%2Cmobile-apps%2C139&sr=1-1 (setting forth nominal
28 price of app).
Case No.:
011083-11/1969605 V1
1 184. Amazon also introduced merchandising programs for developers.175 And it tried an
2 “Actually Free” program, too.176
3 185. Apple’s abusive monopoly also stifles innovation in apps—another way it hurts
4 competition generally. To reiterate: other vibrant app stores would mean more places for featuring
5 apps. With so many apps available on the market, massive volumes of product can and do get lost in
6 the App Store. Consumers, as well as developers and competition generally, would benefit from
7 other venues that would surface good, new product and encourage the development of yet more and
8 better apps—all of which would engender more output in the market here at issue.
9 3. Apple’s harm to iOS developers by denying them the opportunity to choose other
means to get paid for their work
10
a. Apple’s refusal to allow others to innovate in the market
11
12 186. Apple’s aggressive, anticompetitive behavior diminishes the choice offered by
13 endeavors such as Amazon Underground. As explained above, this program lowered prices (even to
14 zero, with its Actually Free component), while also offering developers another way to earn from
15 their work. iOS developers could not hope to benefit from Amazon Underground or any other such
16 third-party program because Apple will not permit it.
17 b. Apple’s ATT program
18 187. Another situation that Apple has devised and then exploited for yet more profits is
19 that involving recent implementation of its App Tracking Transparency (ATT) program. Ostensibly,
20 this program is good for end-user consumers because it gives them more choice as to third-party
21 tracking of personal data.177
22
175
See, e.g., “Announcement: Amazon Underground Actually Free Program,” available at:
23 https://web.archive.org/web/20190617084114/https://developer.amazon.com/blogs/appstore/post/cba
24 deae1-990d-4d52-bef5-ea61f6114b94/announcement-amazon-actually-free-program (last accessed
July 27, 2022).
25 176
See ¶¶ 180, 186, supra.
177
“Mobile ecosystems, Market study final report,” U.K. Competition and Markets Authority, at
26
181, available at:
27 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/10
81885/Mobile_ecosystems_final_report_-_full_draft_-_FINAL_.pdf (last accessed July 27, 2022)
28 (“Apple’s App Tracking Transparency policy gives Apple device users greater control over their
Case No.:
011083-11/1969605 V1
1 188. However, large and small iOS developers claim that it is implemented in such a way
2 that they are unfairly robbed of their ability to monetize their work by fair use of consumer data for
3 targeted advertising. These developers, which include plaintiffs Individual Developers, as well as
4 associational plaintiff le GESTE, allege that Apple’s ATT program will mean less free-to-get apps;
5 developers will forgo creating them, or will begin to charge fees for heretofore free-to-get apps,
6 because they will be unable to make a living by means of advertising.178
7 189. Moreover, they claim that Apple is advantaging itself by the way in which it presents
8 consumers with the option to opt-out of certain third-party tracking, versus other means that would
9 more fairly present the choice.179 They also claim that Apple advantages itself by offering a
10 Personalized Ads architecture for its own apps that is not parallel to the way it presents the ATT opt-
11 out choice; instead, as the U.K.’s CMA has written, it “employs a different choice architecture
12 compared to the ATT prompt.”180 Thus, Apple, which already holds stores of first-party data, and
13 whose advertising services can “use the Apple Ads Attribution API while third parties must use
14 SKAdNetwork [which may be more limited and immature],” is and will be further advantaged vis-à-
15 vis other entities that participate in digital marketing or product development.181 And so will other
16 large gatekeepers such as Google, which itself holds enormous stores of first-party data gathered by
17 way of its many properties.182
18 190. By monopolizing the relevant market, Apple affords iOS developers who do not wish
19 to participate in ATT, especially as implemented, nowhere to go. Again, Apple presents ATT as a
20 take-it-or-leave-it proposition, if iOS developers wish to sell their iOS apps and in-app products. If
21
22 personal data, enhancing privacy and choice. However, the way it has been implemented (e.g., the
design of prompts) may distort user choice, potentially tilting the playing field in Apple’s favour in
23
respect of app discovery and advertising services.”).
178
24 See, e.g., id. at 243-44.
179
See, e.g., id. at 234-37.
25 180
See, e.g., id. and id. at 235.
26 181
See, e.g., id. at 236, 239-40.
182
27 See, e.g., id. at 269-70 (“In circumstances where large digital platforms – with substantial
access to ‘first-party’ data – are given an advantage, other businesses that rely on advertising
28 revenues such as online newspapers are likely to suffer.”).
Case No.:
011083-11/1969605 V1
1 there were competition, iOS developers such as Individual Plaintiffs could choose other distribution
2 avenues, or they could more effectively press Apple to change some of its policies and practices
3 around ATT. As to the latter—changing policies and practices—Apple might be persuaded to change
4 the ways in which it presents the opt-out screen to consumers. Or it might be persuaded to allow
5 developers to tell end-users in a fair manner, when the ATT opt-out screen is presented, that if they
6 opt-in, they will receive remuneration or free or discounted digital products,183 for example.
7 191. But instead, affected iOS developers are offered no real choices. On the other hand, in
8 typical Apple fashion, it benefits from ATT monetarily. Apple’s App Store Search Ads, which iOS
9 developers that can afford them buy in order to help to alleviate the discoverability issue, are
10 reportedly up in volume sold and more expensive following the introduction of ATT.184 Because
11 they are auction-based,185 the more developers that bid on them, the higher the prices go. And in fact
12 there are more bidders, as iOS developers shift more of their own app-related advertising dollars to
13 Apple, given ATT’s negative effect on the quality of certain other places where they might have
14 advertised previously.186 Once again, iOS developers are squeezed, as Apple’s App Store-related
15 profits increase yet again.
16 192. Apple harms iOS developers—consumers of its iOS app-distribution and IAP
17 services—by way of supracompetitive pricing and retail pricing mandates.
18
19
20 183
See id. at 235 (“We are also concerned about the inability of developers to offer any incentive
for users to opt in to sharing their data. Apple told us that the reason for this restriction was that
21 ‘gating’ functionality in this way could be seen as contradicting various privacy guidance around the
22 world. From a UK data protection law perspective, we note that the ICO’s guidance on valid consent
does not preclude the possibility that parties might lawfully incentivise consent, so long as this does
23 not unfairly penalise those who refuse.”) (footnotes omitted).
184
See id. at 239-42 and id. at 240 (discussing evidence and findings as to the UK, but noting a
24 report that indicates “significant cost per tap (CPT) rises for ASA [Apple Search Ads]
25 internationally”) (footnote omitted).
185
See “Set and adjust bids,” Apple Search Ads, available at:
26 https://searchads.apple.com/help/bids-and-budget/0062-set-and-adjust-bids (last accessed July 27,
2022).
27 186
See, e.g., “Mobile ecosystems, Market study final report,” U.K. Competition and Markets
28 Authority, at 239-42.
Case No.:
011083-11/1969605 V1
1 M. Apple’s admission that iOS developers have antitrust standing to bring this suit
2 193. Apple has admitted that iOS developers have standing to bring the antitrust claims in
3 this suit.
4 194. Apple admits that iOS apps are distributed solely through its App Store.187 Ostensibly,
5 this is so that it can review them “for malware and similar issues,” though certainly other distributors
6 could perform this function as well.188
7 195. According to Apple, “[d]evelopers are the ones who purchase distribution [from it],
8 not consumers.”189
9 196. As between consumers of apps and in-app products vs. consumers of its app and in-
10 app-product distribution services, Apple admits that distributors have antitrust standing. In briefing
11 to the Ninth Circuit, Apple has stated: “The software developers who are directly impacted by
12 Apple’s 30% commission absolutely would have antitrust standing to bring a monopolization case, if
13 they wanted to . . . .”190 “App developers have standing under Illinois Brick to argue whatever they
14 want because they are direct purchasers of distribution services from Apple, and if they want to
15 argue, for example, that their consent [to Apple’s fees] was coerced by Apple’s market power, they
16 can.”191 With respect to Illinois Brick issues, it has said that “[a]pp developers are the ones who have
17 antitrust standing to bring any claim about Apple’s ‘monopolization’ of Apps distribution.”192
18
19
187
20 “Indeed, Apple does require iOS developers to submit iOS apps to Apple for review for
malware and similar issues. Approved native iOS apps are then distributed solely through the App
21 Store (otherwise developers could circumvent the approval process)” (App. Sup. Ct. Pet. Br. at 2; see
also id. at 7 (“That [iOS] ecosystem has two relevant features: (1) iPhones will only download third
22 party software that Apple has reviewed for malware and offensive content, among other things,” and
(2) to distribute those third party apps, Apple created a new kind of software distribution system, the
23
App Store.”) (emphasis added).)
188
24 For example, as noted above, Amazon runs a store for Android OS apps. It is not credible that
Amazon or another potential competitor could not perform the same functions as Apple. In fact,
25 Apple itself is by no means infallible in its curation and security functions. (See, e.g., n.95, supra.)
189
26 Apple. Sup. Ct. Pet. Br. at 36.
190
Apple Ninth Cir. Resp. Br.at 18.
27 191
Id. at 41.
192
28 Id.
Case No.:
011083-11/1969605 V1
1 197. Similarly, in briefing to the U.S. Supreme Court, Apple has stated: “The developer is
2 also the first person to bear the alleged overcharge on the allegedly monopolized service, and by that
3 definition also the ‘direct purchaser.’”193 According to Apple, “it is plainly the iOS developers—the
4 direct purchasers and ‘consumers’ of the allegedly monopolized distribution services, and the group
5 that meets all of the relevant ‘efficient enforcer’ criteria,” who is the direct purchaser, “the one
6 appropriate plaintiff group among the categories of possible plaintiffs . . . .”194
7 198. Finally, as Apple told the Supreme Court, “the first party that directly pays an
8 overcharge”—here, the developers, per its own admissions—“has a complete and undiluted cause of
9 action for the entire overcharge.”195 According to Apple, the high court’s precedent mandates that
10 “‘the overcharged direct purchaser, and not others in the chain of manufacture or distribution, is the
11 party “injured in his business or property” within the meaning of the [Clayton Act].’”196 Apple
12 stated: the Supreme Court’s prior “decision in Hanover Shoe, Inc. v. United Shoe Machinery Corp.,
13 392 U.S. 481 (1968), gives developers a claim for 100% of any overcharge.”197 Per Apple, “Hanover
14 Shoe ‘concentrate[s] the full recovery for the overcharge’ in the direct purchaser’s hands.”198
15 199. There is simply no doubt in Apple’s view that developers, as opposed to app and in-
16 app-product end-user consumers, are the proper plaintiffs in a suit regarding commissions for its iOS
17 app-distribution and IAP services. As it has told the Supreme Court, “[t]here is no ‘next best
18 plaintiff’ theory that permits indirect purchasers [such as consumers of the apps and in-app products
19 themselves] to secure their own standing by undermining the claims of those who first bear an
20 alleged overcharge”199—here, Individual Developers and putative class members.
21
22
193
See Apple Sup. Ct. Pet. Br. at 37.
23 194
Id. at 33.
195
24 Id. at 17.
196
Id. at 24 (citation omitted); see also Reply Brief of Petitioner, submitted Oct. 29, 2018,, in
25 Apple Inc. v. Pepper, U.S. Sup. Ct. No. 17-204, (Apple Sup. Ct. Pet. Reply Br.), at 4 (“[D]evelopers
26 would be the parties first and directly injured by any allegedly excessive commissions.”).
197
Apple Sup. Ct. Pet. Reply Br. at 4.
27 198
Id. at 18 (citation omitted).
199
28 Id. at 21.
Case No.:
011083-11/1969605 V1
1 200. But even without these admissions, the Supreme Court of the United States recently
2 recognized developer standing in this matter. As the court put it with respect to a monopsony case,
3 which plaintiffs plead in the alternative here:
4 And it could be that some upstream app developers will also sue Apple on a
monopsony theory. In this instance, the two suits would rely on fundamentally
5 different theories of harm and would not assert dueling claims to a “common fund,”
as that term was used in Illinois Brick. The consumers seek damages based on the
6
difference between the price they paid and the competitive price. The app developers
7 would seek lost profits that they could have earned in a competitive retail market.
Illinois Brick does not bar either category of suit.200
8
VI. TRADE OR COMMERCE AMONG THE SEVERAL
9 STATES, OR WITH FOREIGN NATIONS
10 201. The activities of Apple as alleged in this complaint were within the flow of, and
11 substantially affected, interstate commerce or trade or commerce with foreign nations. Apple sells its
12 iOS app-distribution and IAP services to developers across, and without regard to, state or
13 international lines, albeit under the instant circumstances from or within California and the United
14 States. Alternatively, it acts as a monopsony app and in-app digital product acquirer or retailer
15 across, and without regard to, state or international lines, albeit under the instant circumstances from
16 or within California and the United States.
17 VII. RELEVANT MARKET
18 202. The antitrust injuries alleged herein, including harm to: (a) France-resident developers
19 of iOS apps and in-app products, and also to (b) competition, have occurred in the global market (or
20 submarket) for iOS app-distribution and the term IAP services (or for retailing services). For
21 avoidance of doubt, IAP services include payment-processing services. Apple monopolizes this
22 market (or acts as a monopsonist retailer) as alleged herein.
23 203. Alternatively, the antitrust injuries alleged herein, including harm to: (a) France-
24 resident developers of iOS apps and in-app products, and also to (b) competition, have occurred in
25 the U.S. market (or submarket) for iOS app-distribution and IAP services (or for retailing services).
26
200
27 Pepper, 139 S. Ct. at 1525. Notably, the Supreme Court did not overturn or otherwise disrupt
the thoroughly established body of law allowing plaintiffs to seek overcharge damages in a case such
28 as this one.
Case No.:
011083-11/1969605 V1
1 For avoidance of doubt, the term IAP services include payment-processing services. Apple
2 monopolizes this market (or acts as a monopsonist retailer) as alleged herein.
3 204. For further avoidance of doubt: the references to a “global market,” or, alternatively,
4 to a “U.S. market,” in this section of plaintiffs’ complaint, including in the preceding two paragraphs,
5 focus on the geographic area of competition vel non, as distinct from the reach of United States
6 antitrust laws.201
7 205. The market (or submarket) is a single-brand market. Alternatively, the market (or
8 submarket), is not completely single-brand in nature. But because of Apple’s deliberate policies,
9 practices, and choices to exclude competition, including the technical and contractual means
10 referenced herein, Apple has had a near-100% share of the relevant market for at least the four years
11 preceding the filing of this complaint—and well beyond. And it has a 100% share of what it itself
12 seems to be the officially sanctioned relevant market for the services at issue.
13 206. Under the instant facts and circumstances, plaintiffs need not plead or demonstrate the
14 existence of an antitrust aftermarket for purposes of establishing the relevant product market. Even a
15 single-brand market can exist under the pertinent facts and circumstances outside the analytical
16 framework of foremarkets and aftermarkets.
17 207. Due to the incompatibility of Apple’s iOS with Google’s Android OS, as well as the
18 incompatibility of iOS and Android OS digital products as alleged herein, Google and its Google
19 Play store offer no competition to, and is not a substitute for, the App Store and Apple’s iOS app-
20 distribution and IAP services. Likewise, other distribution or in-app-purchase service providers such
21 as Amazon or Microsoft, which also do not provide distribution services for iOS apps and in-app
22 products (and which Apple bars from competing in any event), offer no competition to, and are not
23 substitutes for, the App Store and Apple’s iOS app-distribution and IAP services. Even with, or in
24
25 201
See Epic Games, 559 F. Supp. 3d at 1026-27 (“A geographic market is an area of effective
competition where buyers can turn for alternate sources of supply.” . . . The relevant geographic
26 market for goods sold nationwide is often the entire United States[.]” . . . As compared to others, in
27 antitrust cases, courts regularly recognize global markets. . . . Importantly here, the question focuses
on the area of effective competition, not the reach of United States antitrust laws which is addressed
28 elsewhere.”) (citations omitted).
Case No.:
011083-11/1969605 V1
1 the face of, a small but significant—or large—price increase, whatever the duration, plaintiff
2 developers have nowhere to go to serve the iOS end-user market with their iOS native apps and in-
3 app products—they need iOS app-distribution and IAP services. And Apple is the sole,
4 monopolistic202 provider thereof, thanks to its deliberate exclusion of competition. Furthermore, even
5 if a developer were to seek lower prices elsewhere (or, alternatively, better wholesale-level pricing),
6 he or she would not find them in Google’s parallel store, Google Play. Thanks to having split the
7 world neatly between them, Google’s fees were, and mostly are, as high as Apple’s.
8 208. Alternatively, even if one were to consider all distribution services for any apps or in-
9 app products, whatever the underlying operating system, or whatever the platform or devices,
10 Apple’s distribution services for iOS apps and in-app products would form a distinct relevant
11 submarket, which it willfully monopolizes.
12 209. Apple’s restraints on competition directly impact the global market, or, alternatively,
13 the U.S. market (or submarket) for iOS app-distribution and IAP services as alleged herein.
14 210. As Apple has admitted, it is a direct seller of iOS app-distribution and IAP services to
15 iOS developers.203 It has acknowledged that experts and scholars have deemed it a “distribution
16 monopolist” and opined that “Apple sells software distribution services to developers.”204
17 Contractually, it specifies the same.205 Plaintiffs herein (to include le GESTE’s iOS-developer
18 members) purchased these services from Apple in the global market, or, alternatively, the U.S.
19 market or submarket identified. Plaintiffs seek relief on behalf of themselves and similarly situated
20 developers for injuries suffered in the relevant market, including as to overpayments made to Apple
21
22 202
Throughout, where plaintiffs refer to monopolizations or variants thereof, they also mean in
23 the alternative monopsonization and its variants, as they relate to Apple as a monopsonistic retailer.
203
See, e.g., n.66, supra. Apple told the Ninth Circuit, with respect to the App Store, that it sells
24 distribution services to developers.
204
25 Apple Ninth Cir. Resp. Br. at 28.
205
See, e.g., Ex. A at Schedule 2, ¶ 3.4 (“Apple shall be entitled to the following commissions in
26 consideration for its services as Your agent and/or commissionaire under this Schedule 2: (a) For
27 sales of Licensed Applications to End-Users, Apple shall be entitled to a commission equal to thirty
percent (30%) of all prices payable by each End-User. . . .”); see also id., ¶ 1.2 (describing certain
28 services that may be performed by Apple).
Case No.:
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1 related to sales in or via any App Store storefront, whether U.S., French, or otherwise, or in apps
2 acquired therefrom.
3 211. Insofar as the App Store may be or is a two-sided platform, charging lower prices to
4 developers for distribution services (or for retail commissions) would not lead to any discernible
5 negative indirect network effects under the instant circumstances. For example, unlike with respect
6 to credit-card transaction platforms, lower fees or prices would not mean less money available to
7 Apple to pay rebates or rewards to end-user consumers, such that they might depart the platform.
8 Relatedly, Apple charges no fees to consumer end-users to use the App Store; thus, there are no fees
9 to discount with a portion of the commissions it extracts from iOS developers, lest end-users flee. To
10 the contrary, Apple does not share its fees with consumers.
11 212. Here, Apple’s restraints and other unlawful behavior do not help to establish or
12 enhance participation inter se developers and consumers, nor do they help to prevent erosion in
13 participation. In fact, Apple can point to no considerations that countervail the propriety of the
14 monetary and injunctive relief that plaintiffs seek.
15 VIII. CLASS ALLEGATIONS
16 213. Plaintiffs bring this proposed class action pursuant to Fed. R. Civ. P. 23(b)(1), (2),
17 and (3).
18 A. U.S. federal-law classes
19 214. Plaintiffs Individual Developers bring this action on behalf of themselves and the
20 following federal-law class, for monetary and other relief, including injunctive relief, based on
21 violations of the Sherman Act or as otherwise described herein:
22 All current or former France-resident persons or entities that paid Apple a commission
(or fee or royalty) of greater than 15% for iOS app-distribution or IAP services with
23 respect to any paid, non-zero-priced iOS app or paid, non-zero-priced in-app content
(including subscriptions) sold in or via the iOS App Store (or, in the case of in-app
24
content, in or via an acquired therefrom), whatever the iOS App Store digital
25 storefront, whether French, U.S., or otherwise.
26 Excluded from this proposed class is the defendant; defendant’s affiliates and subsidiaries;
27 defendant’s current or former employees, officers, directors, agents, and representatives; and the
28
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011083-11/1969605 V1
1 district judge or magistrate judge to whom this case is assigned, as well as those judges’ immediate
2 family members.
3 215. Plaintiff le GESTE brings this action on behalf of itself and the following federal-law
4 class, for injunctive relief based on violations of the Sherman Act or as otherwise described herein:
5 All current or former France-resident persons or entities (or, at minimum, le GESTE

iOS-developer members) whose iOS apps or in-app products were sold or otherwise
6 distributed in or via the App Store (or in the case of in-app content, in or via an app
acquired therefrom), whatever the iOS App Store digital storefront, whether French,
7
U.S., or otherwise, regardless of whether the person or entity paid Apple a
8 commission (or fee or royalty) for iOS app-distribution or IAP services.
12 family members.
13 B. State-law, i.e., California-law, Classes
14 216. Plaintiffs Individual Developers also bring this action on behalf of themselves and the
15 following state-law, i.e., California-law, class, for monetary (including restitutionary) and other
16 relief, to include injunctive relief, based on violations of California law, including its Unfair
17 Competition Law and Cartwright Act:
18 All current or former France-resident persons or entities that paid Apple a commission
(or fee or royalty) of greater than 15% for iOS app-distribution or IAP services with
19 respect to any paid, non-zero-priced iOS app or paid, non-zero-priced in-app content
(including subscriptions) sold in or via the iOS App Store (or, in the case of in-app
20
content, in or via an app acquired therefrom), whatever the iOS App Store digital
21 storefront, whether French, U.S., or otherwise.
25 family members.
26
27
28
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1 217. Plaintiff le GESTE also brings this action on behalf of itself and the following state-
2 law, i.e., California-law, class, for injunctive relief based on violations of California law, including
3 its Unfair Competition Law and Cartwright Act:
4 All current or former France-resident persons or entities (or, at minimum, le GESTE

iOS-developer members) whose iOS apps or in-app products were sold or otherwise
5 distributed in or via the App Store (or in the case of in-app content, in or via an app
acquired therefrom), whatever the iOS App Store digital storefront, whether French,
6
U.S., or otherwise, regardless of whether the person or entity paid Apple a
7 commission (or fee or royalty) for iOS app-distribution or IAP services.
11 family members.
12 C. Elements
13 218. Numerosity: The exact number of the members of the proposed classes is unknown
14 and is not available to the plaintiffs at this time, but upon information and belief, supported by
15 Apple’s past statements,206 and by comparison to publicly available data as to U.S. iOS
16 developers,207 the classes likely will consist of thousands of members,208 such that individual joinder
17 in this case is impracticable.
18 219. Commonality: Numerous questions of law and fact are common to the claims of the
19 plaintiffs and members of the proposed classes. These include, but are not limited to:
20
206
21 According to Apple in or about 2019, it had some 20 million developers in [its] Apple
Developer Program. “App Store—Overview,” available at:
22 https://web.archive.org/web/20190808232156/https://www.apple.com/ios/app-store/principles-
practices/ (last accessed July 27, 2022). Not all iOS developers distribute non-zero-priced apps or in-
23 app products in or via the App Store, or in apps acquired therefrom, such that they have paid Apple
commissions. Nor are all of those who do so based in France. However, the very large number of
24 iOS developers supports the proposition that there likely are thousands of potential class members.
25 Discovery will reveal the precise number of iOS developers making up the putative classes.
207
See, e.g., Developer Pls.’ Notice of Mot. and Mot. for Final Approval of Settlement, Cameron
26 v. Apple Inc., No. 4:19-cv-03074-YGR, filed Apr. 29, 2022, ECF No. 471 at 5 (N.D. Cal.) (“In total,
the resulting class list comprised 67,440 unique application developer accounts for potentially
27 eligible class members.”).
208
28 See id.
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1 a. Whether there is a global, or, alternatively, a U.S. market, for iOS app-distribution
2 and IAP services, or for iOS app and in-app-product retail services;
3 b. Alternatively, whether there is a U.S. submarket or single-brand market for iOS
4 app-distribution and IAP services, or for iOS app and in-app-product retail services;
5 c. Whether Apple has unlawfully monopolized, or attempted to monopolize, the
6 global market, or, alternatively, the U.S. market for iOS app-distribution and IAP services, including
7 by way of the contractual terms, policies, practices, mandates, and restraints described herein;
8 d. Whether competition in the global market, or, alternatively, the U.S. market for
9 iOS app-distribution and IAP services has been restrained and harmed by Apple’s monopolization, or
10 attempted monopolization, of that market;
11 e. Alternatively, whether Apple has behaved as a monopsonist, or attempted
12 monopsonist, retailer of iOS app-distribution and IAP services as alleged herein;
13 f. Whether plaintiffs Individual Developers, le GESTE iOS-developer members, and
14 those similarly situated iOS developers they seek to represent participated as purchaser-consumers in
15 the U.S. domestic market or submarket or single-brand market for iOS app-distribution and IAP
16 services as alleged herein, to their direct detriment due to the domestic effects of Apple’s
17 anticompetitive and unlawful behavior as alleged herein;
18 g. Whether plaintiff le GESTE, its members, and similarly situated developers in the
19 proposed class(es) are entitled to declaratory or injunctive relief to halt Apple’s unlawful practices,
20 and to their attorney fees, costs, and expenses;
21 h. Whether plaintiffs Individual Developers and members of the proposed class(es)
22 are otherwise entitled to any damages, including treble damages, or restitution, and to their attorney
23 fees, costs, and expenses related to any recovery of such monetary relief; and
24 i. Whether plaintiffs Individual Developers and members of the proposed class(es)
25 are entitled to any damages, including treble damages, or restitution incidental to the declaratory or
26 injunctive relief sought herein, and to their attorney fees, costs, and expenses related to any recovery
27 of such monetary relief.
28
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011083-11/1969605 V1
1 220. Typicality: Plaintiffs’ claims are typical of the claims of the members of the proposed
2 classes. The factual and legal bases of Apple’s liability are the same and resulted in injury to
3 plaintiffs and all of the other members of the proposed classes.
4 221. Adequate representation: Plaintiffs will represent and protect the interests of the
5 proposed classes both fairly and adequately. They have retained counsel competent and experienced
6 in complex class-action litigation. Plaintiffs have no interests that are antagonistic to those of the
7 proposed classes, and their interests do not conflict with the interests of the proposed class members
8 they seek to represent.
9 222. Prevention of inconsistent or varying adjudications: If prosecution of a myriad of
10 individual actions for the conduct complained of were undertaken, there likely would be inconsistent
11 or varying results. This would have the effect of establishing incompatible standards of conduct for
12 the defendant. Certification of plaintiffs’ proposed classes would prevent these undesirable
13 outcomes.
14 223. Injunctive and declaratory relief: By way of its conduct described in this complaint,
15 Apple has acted on grounds that apply generally to the proposed classes. Accordingly, final
16 injunctive relief or corresponding declaratory relief as requested herein is appropriate respecting the
17 classes as a whole.
18 224. Predominance and superiority: This proposed class action is appropriate for
19 certification. Class proceedings on these facts and this law are superior to all other available methods
20 for the fair and efficient adjudication of this controversy, given that joinder of all members is
21 impracticable. Even if members of the proposed classes could sustain individual litigation, that
22 course would not be preferable to a class action because individual litigation would increase the
23 delay and expense to the parties due to the complex factual and legal controversies present in this
24 matter. Here, the class action device will present far fewer management difficulties, and it will
25 provide the benefit of a single adjudication, economies of scale, and comprehensive supervision by
26 this Court. Further, uniformity of decisions will be ensured.
27
28
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1 IX. APPLICABILITY OF U.S. FEDERAL ANTITRUST LAW
2 225. U.S. federal antitrust law, including Sections 1-7 of U.S. Code Title 15, applies under
3 the instant circumstances notwithstanding the Foreign Trade Antitrust Improvements Act (FTAIA),
4 15 U.S.C. § 6a.
5 226. First, Apple’s DPLA contains a U.S. law provision.209
6 227. Second, the FTAIA does not apply because the conduct at issue—purchases of
7 distribution and IAP services sold by an American company, pursuant to a contract (the DPLA) with
8 a U.S. company—was done in the U.S., including via the Internet. Therefore, there is no “conduct
9 involving trade or commerce (other than import trade or import commerce) with foreign nations”
10 within the meaning of the statute.
11 228. Accordingly, plaintiffs have standing because their antitrust injuries were suffered in
12 the U.S. domestic market or submarket identified herein, just as if they were U.S. residents. Their
13 participation as consumers (including the participation of le GESTE iOS-developer members) in the
14 U.S. domestic market or submarket directly led to their injuries, due to Apple’s monopolization of
15 that market, its establishment and charging of supracompetitive prices, and its imposition of
16 anticompetitive and harmful contractual terms.
17 229. Third, even if the FTAIA applied, plaintiffs’ federal antitrust claims would be
18 excepted from any bar thereof on at least the ground that Apple’s conduct at issue (a) has had a
19 “direct, substantial and reasonably foreseeable effect” on U.S. domestic or import commerce, or the
20 export commerce of a U.S. exporter; and (b) the effect “gives rise to” plaintiffs’ federal law claims.
21 That is, Apple’s U.S.-based conduct in willfully and unlawfully monopolizing the market for iOS
22 app-distribution and IAP services as alleged herein, such that it could impose and has imposed
23 supracompetitive pricing and anticompetitive terms on iOS developers generally, whether they reside
24 in France or elsewhere, directly caused the plaintiff developers’ injuries as alleged herein. As the
25 court observed, in pertinent part, in its post-trial decision in Epic v. Apple:
26
209
27 Ex. A, ¶ 14.10 (“This Agreement will be governed by and construed in accordance with the
laws of the United States and the State of California, except that body of California law concerning
28 conflicts of law.”).
Case No.:
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1 Apple’s restrictions appear to be imposed by Apple, rather than by market forces.

Importantly, the Court finds more persuasive that Apple actually treats app
2 distribution as a global enterprise. Its rules and guidelines apply globally to all
storefronts, the business development team engages with developers globally, the
3 DPLA applies globally, and the complexity and justification for the complexity of the
IAP system is due in large part because of the global nature of the business.210
4
230. More specifically, the France-resident Individual Plaintiff and members of plaintiff le
5
GESTE did business with Apple in California and the United States by way of Apple’s sale to them,
6
U.S.-domestically,211 of supracompetitively priced distribution and IAP services, pursuant to abusive
7
terms as referenced herein, for which Individual Developers and iOS-developer members of plaintiff
8
le GESTE (over)paid Apple and were otherwise affected adversely thereby. In other words, they
9
participated in the U.S. domestic market as consumer-purchasers for purposes of analyzing the
10
applicability of U.S. antitrust law (even if the geographic reach of the product market, for relevant
11
market purposes, is global).212
12
231. That the trade or commerce at issue is U.S. domestic in nature, and that Individual
13
Developers and le GESTE iOS-developer members participated as consumers in the U.S. domestic
14
market for such services, is illustrated further by at least the following:
15
(a) The DPLA is a uniform contract imposed by the U.S. company and seller
16
Apple Inc.;
17
(b) The DPLA is written in the domestic U.S. language of English, with a special
18
term directed to speakers of other languages:
19
Any translation is provided as a courtesy to You, and in the event of a dispute
20 between the English and any non-English version, the English version of this
Agreement shall govern, to the extent not prohibited by local law in Your jurisdiction.
21 If You are located in the province of Quebec, Canada or are a government
organization within France, then the following clause applies to You: The parties
22 hereby confirm that they have requested that this Agreement and all related
documents be drafted in English. Les parties ont exigé que le présent contrat et tous
23 les documents connexes soient rédigés en anglais.213
24
25 210
559 F. Supp. 3d at 991.
211
26 Plaintiffs incorporate references to attempted monopolization and attempted monopsonization
herein.
27 212
See n.69, supra.
213
28 Ex. A at 50.
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1 Translations are provided for “convenience” only;214
2 (c) Apple executives responsible for App Store policies, practices, and sales,
3 including Phil Schiller, Eddy Cue, and Matt Fischer, are based in California, as are Apple’s
4 headquarters;215
5 (d) Apple operates the App Store as one global enterprise,216 with uniform
6 contracts and policies and practices applicable to all, or all similarly situated, developers(but for
7 limited accommodations pursuant to local law or judicial orders);217
8 (e) France-based iOS developers buy the referenced iOS app-distribution and IAP
9 services not from a French or other foreign affiliate of Apple Inc., but from the company in the U.S.
10 instead. For example, the App Store Connect Help guide states to all iOS app developers who
11 distribute through the App Store as follows:
12 Apps uploaded to App Store Connect are uploaded to an Apple server in the United
States. When you submit your app with the intention of distributing your app on the
13 App Store or to external testers through TestFlight outside of the U.S. or Canada, it is
14
214
15 “Program license agreements,” available at: https://developer.apple.com/support/terms/ (last
accessed July 27, 2022) (“Please note that the English language version of the agreements you accept
16 in your developer account are binding and the most up to date. Any other language translations of
select agreements that we may provide are for your convenience.”); see also “Apple Developer
17 Program License Agreement” at “View translations” link, available at:
18 https://developer.apple.com/support/terms/ (“Please note that the English version of the Apple
Developer Program License Agreement you accept in your developer account is binding and the
19 most up to date. Translations of select agreements may also be available within a reasonable period
of time after the English versions are updated. Any translations are provided for your convenience.”)
215
21 As to Phil Schiller, see, e.g., https://www.linkedin.com/in/philip-schiller-3814701b8/ (last
accessed July 24, 2022); as to Eddy Cue, see, e.g.,https://www.linkedin.com/in/eddy-cue-7483301/
22 (last accessed July 24, 2022); as to Matt Fischer, see, e.g., https://www.linkedin.com/in/mattfischer/
(last accessed July 24, 2022); see also as to Apple: “Corporate Address,” available at:
23 https://www.apple.com/contact/ (last accessed July 27, 2022).
216
24 See, e.g., “The apps you love. From a place you can trust,” App Store, available at:
https://www.apple.com/app-store/ (referring to, and addressing the entity, as “the App Store,”
25 notwithstanding the virtual presence of non-U.S. digital “storefronts”) (last accessed July 27, 2022).
217
See, e.g., “Agreements and Guidelines for Apple Developers,” including foreign-language
26 translations, available at: https://developer.apple.com/support/terms/ (uniform contracts) (last
27 accessed July 27, 2022); see also “Distributing dating apps in the Netherlands,” Developer Support,
available at: https://developer.apple.com/support/storekit-external-entitlement/ (last accessed July 27,
28 2022).
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1 considered a U.S. export and is subject to U.S. export laws (regardless of where your
legal entity is based)218;
2
(f) Relatedly, the DPLA provides that the developer “hereby certif[ies] that all of
3
the Licensed Applications [the Developer] deliver[s] to Apple under this Schedule 1 are authorized
4
for export from the United States to each of the regions designated by You under Section 2.1 hereof .
5
. .;“219
6
(g) Apple’s financials reflect one App Store—the App Store—reporting App
7
Store net sales as part of its global “Services” net sales;220 and
8
(h) The DPLA, which applies to France-based iOS developers (as it does to U.S.-
9
based iOS developers), contains a U.S. and California law provision,221 along with a term providing
10
for a California litigation venue.
11
232. So, at a minimum, Apple’s conduct has a direct, substantial, and reasonably
12
foreseeable effect—
13
(A) on trade or commerce which is not trade or commerce with foreign
14 nations, or on import trade or import commerce with foreign nations; . . . and
15 (2) such effect gives rise to a claim under the provisions of sections 1 to 7 of
this title [15 U.S.C.] . . . .
16
See 15 U.S.C. § 6a (the Foreign Trade Antitrust Improvement Act, or FTAIA). Accordingly, the
17
conduct at issue falls within the domestic effects exception to the bar set forth in the FTAIA, and
18
plaintiffs may proceed with this suit pursuant to U.S. federal antitrust law.
19
233. Furthermore, Individual Developers and certain le GESTE iOS-developer members
20
sold (or otherwise distributed) OS apps and in-app products to end-user consumers in the United
21
States, in or via the U.S. App Store digital storefront (or in apps acquired therefrom). As to iOS app-
22
23
24
218
See “App Store Connect Help,” available at: https://help.apple.com/app-store-
25 connect/en.lproj/static.html (last accessed July 27, 2022).
219
26 Ex. A, Schedule 1, ¶ 2.3.
220
E.g., Apple Inc. 2021 Form 10-K at 21, available via link at: https://investor.apple.com/sec-
27 filings/sec-filings-details/default.aspx?FilingId=15311311 (last accessed July 27, 2022).
221
28 Ex. A, ¶ 14.10.
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1 distribution and IAP services related to these apps and in-app products, the FTAIA does not bar
2 plaintiffs’ claims.
3 234. In sum, Apple’s conduct as alleged herein has had a direct, substantial, and reasonably
4 foreseeable effect on trade or commerce which is not trade or commerce with foreign nations.
5 Plaintiffs’ participation as consumers (including the participation of le GESTE iOS-developer
6 members) in the U.S. domestic market or submarket has directly led to their injuries, due to Apple’s
7 monopolization of that market, its establishment and charging of supracompetitive prices, and its
8 imposition of anticompetitive and harmful contractual terms as alleged herein.
9 235. Furthermore, because the FTAIA does not bar plaintiffs’ federal law claims, neither
10 does it affect, bar, or limit plaintiffs’ state-law claims.
11 X. APPLICABILITY OF CALIFORNIA LAW
12 236. There is a California law provision incorporated by reference in Apple’s DPLA.222
13 Accordingly, plaintiffs allege that California law applies to the state-law claims they assert on their
14 own behalf and on behalf of the proposed nationwide California-law class.
15 237. Furthermore, upon information and belief, the unlawful conduct alleged in this
16 complaint, including the drafting, dissemination, and consummation of anticompetitive contracts and
17 policies, as well as the levying and collection of Apple’s supracompetitive distribution-services fee
18 from iOS app and in-app-product developers, or the payment to developers of artificially low prices
19
20 222
See, e.g., id. (“Dispute Resolution; Governing Law”) (“Any litigation or other dispute
21 resolution between You and Apple arising out of or relating to this Agreement, the Apple Software,
or Your relationship with Apple will take place in the Northern District of California . . . . This
22 agreement will be governed by and construed in accordance with the laws of the United States and
the State of California, except that body of California law concerning conflicts of law. . . .”). Upon
23
information and belief, this or an effectively identical provision has been in force for at least the
24 preceding four years, but likely since the inception of Apple’s provision of distribution services to
iOS developers. (See, e.g., Apple Sup. Ct. Pet. Br. at 36-37 n.15 (“The [developer’s] obligations
25 were in fact contained in the then-named iPhone Developer Program License Agreement (copies of
which are widely available on the internet), and are now found in the Apple Developer Program
26 License Agreement.”); see also Ex. C (current exemplar of Apple Developer Agreement), ¶ 17 ,
27 available at: https://developer.apple.com/support/downloads/terms/apple-developer-
agreement/Apple-Developer-Agreement-20220606-English.pdf (last accessed July 27, 2022) (also
28 containing California choice-of-law provision).)
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1 for digital products sold in the App Store, and the enforcement of minimum-price and end-in-$.99
2 price terms, was effected, implemented, adopted, and ratified in the state of California, where Apple
3 maintains its U.S. and worldwide headquarters. Therefore, a substantial part of the anticompetitive
4 conduct took place in California. Also, California has a clear, substantial, legitimate, and compelling
5 interest in protecting competition in California and in seeing justice for the claims by all victims of
6 its corporate citizen Apple’s unlawful and anticompetitive conduct that emanated from within its
7 borders, wherever in the country they may reside. For these reasons, too, plaintiffs allege that they
8 and the proposed California-law class are entitled to monetary and injunctive relief pursuant to
9 California law.
10 238. Under the instant circumstances, any relief, including injunctive or other equitable
11 relief, granted on the basis of California law should cover at a minimum French iOS app and in-app
12 product developers.
13 XI. CLAIMS FOR RELIEF
14 239. Plaintiffs, on their own behalf and on behalf of those similarly situated, have pled
15 monopsony as an alternative to monopoly. Monopsony is the mirror image of monopolization, but on
16 the buy-side. Therefore, the following causes of action should be read to include monopsony,
17 monopsonization, and attempted monopsony and monopsonization in the alternative to the
18 monopoly, monopolization, and attempted monopoly and monopolization claims explicitly
19 referenced therein.
20 240. Furthermore, plaintiff le GESTE seeks injunctive relief individually, on behalf of its
21 iOS-developer members, and on behalf of the class(es) it seeks to represent.
22 FIRST CAUSE OF ACTION:
23 VIOLATION OF THE SHERMAN ACT – MONOPOLIZATION

OF THE iOS APP-DISTRIBUTION AND IAP SERVICES MARKET
24 (15 U.S.C. § 2)
25 241. Plaintiffs repeat and re-make every allegation above as if set forth herein in full.
26 242. Plaintiffs bring this federal law claim on their own behalf and on behalf of each
27 member of the proposed federal-law class(es) described above.
28
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1 243. Apple has the power to exclude competition in the relevant market, and it has
2 willfully used that power, including by way of its unlawful practices in restraint of trade as described
3 herein, in order to achieve, maintain, and expand monopoly power in that market. Thus, Apple
4 possesses monopoly power in the global market, or, alternatively, the U.S. market for iOS app-
5 distribution services it provides to, inter alia, France-resident iOS app developers. Alternatively,
6 Apple possesses monopoly power in a market that includes, inter alia, the Google Play store for
7 Android OS digital products.
8 244. For the reasons stated herein, substantial barriers to entry and expansion exist in the
9 relevant market.
10 245. Apple’s conduct as described herein, including its unlawful practices in restraint of
11 trade, is exclusionary vis-à-vis its potential rivals in the market for iOS app-distribution services.
12 246. Apple has behaved as alleged herein to achieve, maintain, and grow its monopoly in
13 the market for iOS app-distribution services, with the effect being that competition is foreclosed and
14 that developer choice is gravely diminished. So is innovation. Additionally, Apple has abused its
15 market power by imposing supracompetitive developer commissions and minimum price fixing.
16 Further, Apple’s actions have depressed output as alleged herein.
17 247. There is no valid business necessity or pro-competitive justification for Apple’s
18 conduct. Instead, Apple’s actions are designed to destroy competition as alleged herein. Moreover,
19 Apple’s behavior fails a balancing test between anticompetitive harms and pro-competitive benefits.
20 248. Plaintiffs Individual Developers, le GESTE iOS-developer members, and the
21 proposed class(es) have been injured, and will continue to be injured, in their businesses and
22 property as a result of Apple’s conduct, including by way of overpaying Apple for iOS app-
23 distribution services.
24 249. Further, iOS developers, including Individual Developers and iOS-developer
25 members of le GESTE, are inclined to sell iOS applications, in-app products, and subscriptions in or
26 via the App Store, or in or via apps acquired therefrom, in the future, in part because of their
27 investment in their development for the iOS ecosystem, which is incompatible with Google’s
28
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011083-11/1969605 V1
1 Android OS ecosystem. Plaintiffs Individual Developers and le GESTE (and le GESTE iOS-
2 developer members) are entitled to an injunction to prevent Apple from persisting in its unlawful
3 behavior to their detriment, including the harm that its behavior is causing to their businesses.
4 SECOND CAUSE OF ACTION:
5 VIOLATION OF THE SHERMAN ACT – ATTEMPTED MONOPOLIZATION

OF THE iOS APP-DISTRIBUTION AND IAP SERVICES MARKET
6 (15 U.S.C. § 2)
8 251. Plaintiffs bring this federal law claim on their own behalf and on behalf of each
9 member of the proposed federal-law class(es) described above.
10 252. Apple has attempted to monopolize the global market, or, alternatively, the U.S.
11 market for iOS app-distribution services.
12 253. Apple’s anticompetitive conduct has created a dangerous probability that it will
13 achieve monopoly power in the relevant market.
14 254. Apple has a specific intent to achieve monopoly power in the global market, or,
15 alternatively, the U.S. market for iOS app-distribution services.
16 255. Apple has the power to exclude competition in the market for iOS app-distribution
17 services, and it has used that power, including by way of its unlawful practices in restraint of trade as
18 described herein, in an attempt to monopolize that relevant market.
19 256. For the reasons stated herein, substantial barriers to entry and expansion exist in the
20 relevant markets.
21 257. Apple’s conduct as described herein, including its unlawful practices in restraint of
22 trade, is exclusionary vis-à-vis its potential rivals in the relevant market for iOS app-distribution
23 services.
24 258. Apple has behaved as alleged herein in a willful attempt to obtain a monopoly in the
25 global market, or, alternatively, the U.S. market for iOS app-distribution services, with the effect
26 being that competition is foreclosed and that consumer choice is gravely diminished. So is
27 innovation. Additionally, Apple has abused its market power by insisting on default 30%
28
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1 commissions, where applicable, and minimum price fixing. Further, Apple’s actions have depressed
2 output as alleged herein.
3 259. There is no valid business necessity or pro-competitive justification for Apple’s
4 conduct. Moreover, Apple’s behavior fails a balancing test between anticompetitive harms and pro-
5 competitive benefits.
7 proposed class(es) have been injured, and will continue to be injured, in their businesses and
8 property as a result of Apple’s conduct, including by way of overpaying Apple for iOS app-
9 distribution services.
17 THIRD CAUSE OF ACTION:
18 VIOLATION OF THE CALIFORNIA UNFAIR COMPETITION ACT

(CAL. BUS. & PROF. CODE §§ 17200 ET SEQ.)
19
21 263. Plaintiffs bring this claim on their own behalf and on behalf of each member of the
22 proposed nationwide class described above.
23 264. California’s Unfair Competition Law (UCL) defines “unfair competition” to include
24 any “unlawful, unfair, or fraudulent” business act or practice. CAL. BUS. & PROF. CODE §§ 17200 et
25 seq. As these are stated in the disjunctive, the UCL sets up three prongs—the unlawful, unfair, and
26 fraudulent prongs—the violation of any of which constitutes a violation of the UCL.
27
28
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1 265. Apple has engaged in, and continues to engage in, acts of unfair competition as
2 defined in California’s UCL. More specifically, Apple, by way of the conduct alleged herein, has
3 violated the unlawful and unfair prongs of the UCL.
4 A. Apple has behaved unlawfully
5 266. Apple’s acts of unfair competition include its violations of the Sherman and
6 Cartwright Acts as alleged herein. Therefore, Apple has violated the unlawful prong of the UCL.
7 267. Apple’s unlawful conduct has caused plaintiffs (and le GESTE iOS-developer
8 members), as well as members of the proposed classes, to suffer injury in fact. Because developers
9 have overpaid for iOS app-distribution and IAP services, they have lost money or property as a result
10 of Apple’s unlawful behavior.
12 members of le GESTE, are inclined to sell iOS applications, in-app purchases, and subscriptions in
13 or via the App Store, or in or via apps acquired therefrom, in the future, in part because of their
18 B. Apple has behaved unfairly
19 269. Apple’s acts of unfair competition include its violations of the Sherman Act and
20 Cartwright Acts and the policies underlying those statutes, as alleged herein. Additionally, Apple has
21 behaved unfairly and in violation of public policy as alleged herein. Among other unfair conduct,
22 Apple has stifled price competition by prohibiting plaintiffs and class members from communicating
23 in-app or otherwise with their customers about alternative, lower-priced payment options, causing
24 harm to plaintiffs and class members and to competition. These anti-steering restraints, at a
25 minimum, threaten an incipient violation of antitrust law by preventing informed choice among App
26 Store users, and they violate the policy and spirit of the antitrust laws. Therefore, Apple has violated
27 the unfair prong of the UCL.
28
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011083-11/1969605 V1
1 270. Apple’s unfair conduct has caused plaintiffs (and le GESTE iOS-developer members),
2 as well as members of the proposed classes, to suffer injury in fact. Because developers have
3 overpaid for iOS app-distribution and IAP services, they have lost money or property as a result of
4 Apple’s unfair behavior.
10 developer members) are entitled to an injunction to prevent Apple from persisting in its unfair (and
11 unlawful) behavior to their detriment, including the harm that its behavior is causing to their
12 businesses.
13 FOURTH CAUSE OF ACTION:
14 VIOLATION OF THE CALIFORNIA CARTWRIGHT ACT

(CA. BUS & PROF. CODE §§ 16700 ET SEQ.)
15
16 272. Plaintiffs repeat and re-make every allegation above as set forth herein in full.
17 273. Apple’s acts and practices detailed above violate the Cartwright Act, Cal. Bus. &
18 Prof. Code § 16700 et seq., which prohibits, inter alia, the combination of resources by two or more
19 persons to restrain trade or commerce or to prevent market competition. See §§ 16720, 16726.
20 274. Under the Cartwright Act, a “combination” is formed when the anticompetitive
21 conduct of a single firm coerces other market participants to involuntarily adhere to the
22 anticompetitive scheme.
23 275. The global, or, alternatively, the U.S., market for iOS app-distribution and IAP
24 services is a valid antitrust market.
25 276. Apple requires iOS app developers to enter its standardized DPLA, and incorporated
26 schedules and exhibits, as a condition of having their apps distributed through its willfully
27
28
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011083-11/1969605 V1
1 monopolized App Store. The relevant provisions of these agreements unreasonably restrain
2 competition in the relevant market.
3 277. For example, paragraph 7.2 of the DPLA, together with its Schedule 2, paragraph
4 3.1.1, and paragraph 3.1.1 of the App Store Review Guidelines, require that iOS app developers
5 agree to use Apple’s IAP services, including payment processing, in order to receive payment for
6 apps or in-app products distributed through the App Store, and for in-app digital products sold in or
7 via apps acquired therefrom. While Apple’s policies exclude certain types of transactions from this
8 requirement, such as physical products, the general rule is that the use of IAP payment processing is
9 required for digital products.
10 278. The exclusionary and restrictive practices and contractual provisions cited herein
11 serve no sufficient legitimate or pro-competitive purpose and unreasonably restrain competition in
12 the global market, or, alternatively, the U.S. market or California market for iOS app-distribution and
13 IAP services. Moreover, Apple’s behavior fails a balancing test between anticompetitive harms and
14 pro-competitive benefits.
15 279. Apple’s conduct has substantial anticompetitive effects, including increased prices
16 and costs, reduced innovation and quality of service, and lowered output.
18 proposed class(es) have been harmed by Apple’s anticompetitive conduct in a manner that the
19 Cartwright Act was intended to prevent. They have suffered and continue to suffer damages and
20 irreparable injury, including harm to their businesses, and such damages and injury will not abate
21 unless an injunction issues that will stop Apple’s anticompetitive conduct.
23 members of le GESTE, are inclined to sell iOS applications, in-app purchases, and subscriptions in
24 or via the App Store, or in or via apps acquired therefrom, in the future, in part because of their
27
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011083-11/1969605 V1
3 PRAYER FOR RELIEF
4 WHEREFORE, plaintiffs respectfully request the following relief on their own behalf and on
5 behalf of all those similarly situated:
6 A. That the Court certify this case as a class action; that it certify the proposed federal-
7 law class(es) and the proposed California-law class(es); and that it appoint plaintiffs as class
8 representatives and their counsel as class counsel;
9 B. That the Court award them and the proposed classes all appropriate relief, to include,
10 but not to be limited to, injunctive relief requiring that Apple cease the abusive, unlawful, and
11 anticompetitive practices described herein, including pursuant to federal antitrust law: see, e.g., 15
12 U.S.C. § 26, and also pursuant to state law: see, e.g., Cal. Bus. & Prof. Code § 17203 and Cal. Bus.
13 & Prof.Code § 16750, as requested herein;
14 C. That the Court award them and the proposed classes declaratory relief, adjudging
15 Apple’s complained-of practices to be unlawful;
16 D. That it award plaintiffs and the proposed class(es) monetary relief, whether by way of
17 restitution (see, e.g., Cal. Bus. & Prof. Code § 17203) or damages, including treble damages (see,
18 e.g., 15 U.S.C. § 15(a) and Cal. Bus. & Prof.Code § 16750), or other multiple or punitive damages,
19 or restitution, where mandated by law (including federal antitrust law: see, e.g., 15 U.S.C. § 15(a)
20 and California law: see, e.g., Cal. Bus. & Prof.Code § 16750) or equity or as otherwise available;
21 together with recovery of their costs of suit, to include their reasonable attorneys’ fees, costs, and
22 expenses (including pursuant to federal antitrust law: see, e.g., 15 U.S.C. § 15(a) and/or 15 U.S.C.
23 § 26, and California law; see, e.g., Cal. Bus. & Prof.Code § 16750 and Cal. Code Civ. Pro.
24 § 1021.5)); in addition to pre- and post-judgment interest to the maximum levels permitted by federal
25 and California law or equity;
26 E. That the Court grant such additional orders or judgments as may be necessary to
27 remedy or prevent the unlawful practices complained of herein; and
28
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011083-11/1969605 V1
1 F. That the Court award them and proposed classes such other, favorable relief as may
2 be available and appropriate under federal or state law, or at equity.
3 JURY TRIAL DEMANDED
4 Plaintiffs demand a trial by jury on all issues so triable.
5 DATED: August 1, 2022 Respectfully submitted,
6 HAGENS BERMAN SOBOL SHAPIRO LLP
7
By /s/ Ben M. Harrington
8 Ben M. Harrington
715 Hearst Avenue, Suite 202
9 Berkeley, CA 94710
Telephone: (510) 725-3000
10 Facsimile: (510) 725-3001
[email protected]
11
Steve W. Berman (pro hac vice forthcoming)
12 Robert F. Lopez (pro hac vice forthcoming)
13 Abigail D. Pershing (pro hac vice forthcoming)
HAGENS BERMAN SOBOL SHAPIRO LLP
14 1301 Second Avenue, Suite 2000
Seattle, WA 98101
15 Telephone: (206) 623-7292
Facsimile: (206) 623-0594
16 [email protected]
[email protected]
17 [email protected]
18
Fayrouze Masmi-Dazi
19 SELARL Fayrouze Masmi-Dazi Avocat
9 rue Alfred de Vigny
20 75008 Paris – France
Telephone: +33 627962865
21
[email protected]
22
Attorneys for Plaintiffs Société du Figaro, SAS,
23 L’Équipe 24/24 SAS, le GESTE, and the Proposed
Classes
24
25
26
27
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EXHIBIT A
PLEASE READ THE FOLLOWING APPLE DEVELOPER PROGRAM LICENSE AGREEMENT

TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE APPLE
SOFTWARE OR APPLE SERVICES. THESE TERMS AND CONDITIONS CONSTITUTE A
LEGAL AGREEMENT BETWEEN YOU AND APPLE.
Apple Developer Program License Agreement

Purpose
You would like to use the Apple Software (as defined below) to develop one or more Applications
(as defined below) for Apple-branded products. Apple is willing to grant You a limited license to
use the Apple Software and Services provided to You under this Program to develop and test
Your Applications on the terms and conditions set forth in this Agreement.
Applications developed under this Agreement for iOS Products, Apple Watch, or Apple TV can be
distributed in four ways: (1) through the App Store, if selected by Apple, (2) through the Custom
App Distribution, if selected by Apple, (3) on a limited basis for use on Registered Devices (as
defined below), and (4) for beta testing through TestFlight. Applications developed for macOS
can be distributed: (a) through the App Store, if selected by Apple, (b) for beta testing through
TestFlight, or (c) separately distributed under this Agreement.
Applications that meet Apple's Documentation and Program Requirements may be submitted for
consideration by Apple for distribution via the App Store, Custom App Distribution, or for beta
testing through TestFlight. If submitted by You and selected by Apple, Your Applications will be
digitally signed by Apple and distributed, as applicable. Distribution of free (no charge)
Applications (including those that use the In-App Purchase API for the delivery of free content) via
the App Store or Custom App Distribution will be subject to the distribution terms contained in
Schedule 1 to this Agreement. If You would like to distribute Applications for which You will
charge a fee or would like to use the In-App Purchase API for the delivery of fee-based content,
You must enter into a separate agreement with Apple (“Schedule 2”). If You would like to
distribute paid Applications via Custom App Distribution, You must enter into a separate
agreement with Apple (“Schedule 3”). You may also create Passes (as defined below) for use on
Apple-branded products running iOS or watchOS under this Agreement and distribute such
Passes for use by Wallet.
1. Accepting this Agreement; Definitions

1.1 Acceptance
In order to use the Apple Software and Services, You must first accept this Agreement. If You do
not or cannot accept this Agreement, You are not permitted to use the Apple Software or
Services. Do not download or use the Apple Software or Services in that case. You accept and
agree to the terms of this Agreement on Your own behalf and/or on behalf of Your company,
organization, educational institution, or agency, instrumentality, or department of the federal
government as its authorized legal representative, by doing either of the following:
(a) checking the box displayed at the end of this Agreement if You are reading this on an Apple
website; or
(b) clicking an “Agree” or similar button, where this option is provided by Apple.
1.2 Definitions
Whenever capitalized in this Agreement:
“Ad Network APIs” means the Documented APIs that provide a way to validate the successful
conversion of advertising campaigns on supported Apple-branded products using a combination
of cryptographic signatures and a registration process with Apple.
Program Agreement
Page 1

“Ad Support APIs” means the Documented APIs that provide the Advertising Identifier and
Tracking Preference.
“Advertising Identifier” means a unique, non-personal, non-permanent identifier provided

through the Ad Support APIs that are associated with a particular Apple-branded device and are
to be used solely for advertising purposes, unless otherwise expressly approved by Apple in
writing.
“Agreement” means this Apple Developer Program License Agreement, including any
attachments, Schedule 1 and any exhibits thereto which are hereby incorporated by this
reference. For clarity, this Agreement supersedes the iOS Developer Program License
Agreement (including any attachments, Schedule 1 and any exhibits thereto), the Safari
Extensions Digital Signing Agreement, the Safari Extensions Gallery Submission Agreement, and
the Mac Developer Program License Agreement.
“App Store” means an electronic store and its storefronts branded, owned, and/or controlled by
Apple, or an Apple Subsidiary or other affiliate of Apple, through which Licensed Applications may
be acquired.
“App Store Connect” means Apple’s proprietary online content management tool for
Applications.
“Apple” means Apple Inc., a California corporation with its principal place of business at One
Apple Park Way, Cupertino, California 95014, U.S.A.
“Apple Certificates” means the Apple-issued digital certificates provided to You by Apple under
the Program.
“Apple Maps Server API” means the Documented APIs that enable You to add server-to-server
mapping features or functionality to Your Applications, websites, or web applications.
“Apple Maps Service” means the mapping platform and Map Data provided by Apple via the
MapKit API and/or Apple Maps Server API for use by You only in connection with Your
Applications, or the mapping platform and Map Data provided by Apple via MapKit JS and related
tools for capturing map content (e.g., MapSnapshotter) for use by You only in connection with
Your Applications, websites, or web applications.
“Apple Pay APIs” means the Documented APIs that enable end-users to send payment
information they have stored on a supported Apple-branded product to an Application to be used
in payment transactions made by or through the Application, and includes other payment-related
functionality as described in the Documentation.
“Apple Pay Payload” means a customer data package passed through the Apple Software and
Apple Pay APIs as part of a payment transaction (e.g., name, email, billing address, shipping
address, and device account number).
“Apple Push Notification Service” or “APN” means the Apple Push Notification service that
Apple may provide to You to enable You to transmit Push Notifications to Your Application or for
use as otherwise permitted herein.
“APN API” means the Documented API that enables You to use the APN to deliver a Push
Notification to Your Application or for use as otherwise permitted herein.
“Apple Services” or “Services” means the developer services that Apple may provide or make
available through the Apple Software or as part of the Program for use with Your Covered
Program Agreement
Page 2

Products or development, including any Updates thereto (if any) that may be provided to You by
Apple under the Program.
“Apple Software” means Apple SDKs, iOS, watchOS, tvOS, iPadOS, and/or macOS, the
Provisioning Profiles, FPS SDK, FPS Deployment Package, and any other software that Apple
provides to You under the Program, including any Updates thereto (if any) that may be provided
to You by Apple under the Program.
“Apple SDKs” means the Apple-proprietary Software Development Kits (SDKs) provided
hereunder, including but not limited to header files, APIs, libraries, simulators, and software
(source code and object code) labeled as part of iOS, watchOS, tvOS, iPadOS, or Mac SDK and
included in the Xcode Developer Tools package and Swift Playgrounds for purposes of targeting
Apple-branded products running iOS, watchOS, tvOS, iPadOS, and/or macOS, respectively.
“Apple Subsidiary” means a corporation at least fifty percent (50%) of whose outstanding shares
or securities (representing the right to vote for the election of directors or other managing
authority) are owned or controlled, directly or indirectly, by Apple, and that is involved in the
operation of or otherwise affiliated with the App Store, Custom App Distribution, TestFlight, and
as otherwise referenced herein (e.g., Attachment 4).
“Apple TV” means an Apple-branded product that runs the tvOS.
“Apple Watch” means an Apple-branded product that runs the watchOS.
“Apple Weather Data” means any content, data or information provided through the WeatherKit
APIs, including, but not limited to, Weather Alerts, general forecasts and other weather data.
“Application” means one or more software programs (including extensions, media, and Libraries
that are enclosed in a single software bundle) developed by You in compliance with the
Documentation and the Program Requirements, for distribution under Your own trademark or
brand, and for specific use with an Apple-branded product running iOS, iPadOS, watchOS, tvOS,
or macOS, as applicable, including bug fixes, updates, upgrades, modifications, enhancements,
supplements to, revisions, new releases and new versions of such software programs.
“Authorized Developers” means Your employees and contractors, members of Your

organization or, if You are an educational institution, Your faculty and staff who (a) each have an
active and valid Apple Developer account with Apple, (b) have a demonstrable need to know or
use the Apple Software in order to develop and test Covered Products, and (c) to the extent such
individuals will have access to Apple Confidential Information, each have written and binding
agreements with You to protect the unauthorized use and disclosure of such Apple Confidential
Information.
“Authorized Test Units” means Apple-branded hardware units owned or controlled by You that
have been designated by You for Your own testing and development purposes under this
Program, and if You permit, Apple-branded hardware units owned or controlled by Your
Authorized Developers so long as such units are used for testing and development purposes on
Your behalf and only as permitted hereunder.
“BackgroundAssets Framework” means the Documented APIs that provide Applications with
the ability to perform download operations in the background before first launch of the Application
by the user and at other times after the first launch.
“Beta Testers” means end-users whom You have invited to sign up for TestFlight in order to test
pre-release versions of Your Application and who have accepted the terms and conditions of the
TestFlight Application.
Program Agreement
Page 3

“ClassKit APIs” means the Documented APIs that enable You to send student progress data for
use in a school-managed environment.
“CloudKit APIs” means the Documented APIs that enable Your Applications, Web Software,
and/or Your end-users (if You permit them) to read, write, query and/or retrieve structured data
from public and/or private containers in iCloud.
“Configuration Profile(s)” means an XML file that allows You to distribute configuration
information (e.g., VPN or Wi-Fi settings) and restrictions on device features (e.g., disabling the
camera) to compatible Apple-branded products through Apple Configurator or other similar Apple-
branded software tools, email, a webpage, or over-the-air deployment, or via Mobile Device
Management (MDM). For the sake of clarity, unless otherwise expressly permitted by Apple in
writing, MDM is available only for enterprise use and is separately licensed for under the Apple
Developer Enterprise Program License Agreement.
“Corresponding Products” means web-based or other versions of Your software applications

that have the same title and substantially equivalent features and functionality as Your Licensed
Application (e.g., feature parity).
“Covered Products” means Your Applications, Libraries, Passes, Safari Extensions, Safari Push
Notifications, and/or FPS implementations developed under this Agreement.
“Custom App Distribution” means the store or storefront functionality that enables users to
obtain Licensed Applications through the use of Apple Business Manager, Apple School
Manager, or as otherwise permitted by Apple.
“DeviceCheck APIs” means the set of APIs, including server-side APIs, that enable You to set
and query two bits of data associated with a device and the date on which such bits were last
updated.
“DeviceCheck Data” means the data stored and returned through the DeviceCheck APIs.
“Documentation” means any technical or other specifications or documentation that Apple may
provide to You for use in connection with the Apple Software, Apple Services, Apple Certificates,
or otherwise as part of the Program.
“Documented API(s)” means the Application Programming Interface(s) documented by Apple in

published Apple Documentation and which are contained in the Apple Software.
“Face Data” means information related to human faces (e.g., face mesh data, facial map data,
face modeling data, facial coordinates or facial landmark data, including data from an uploaded
photo) that is obtained from a user’s device and/or through the use of the Apple Software (e.g.,
through ARKit, the Camera APIs, or the Photo APIs), or that is provided by a user in or through
an Application (e.g., uploads for a facial analysis service).
“FPS” or “FairPlay Streaming” means Apple’s FairPlay Streaming Server key delivery
mechanism as described in the FPS SDK.
“FPS Deployment Package” means the D Function specification for commercial deployment of
FPS, the D Function reference implementation, FPS sample code, and set of unique production
keys specifically for use by You with an FPS implementation, if provided by Apple to You.
“FPS SDK” means the FPS specification, FPS server reference implementation, FPS sample
code, and FPS development keys, as provided by Apple to You.
Program Agreement
Page 4

“FOSS” (Free and Open Source Software) means any software that is subject to terms that, as a
condition of use, copying, modification or redistribution, require such software and/or derivative
works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of
making derivative works, or to be redistributed free of charge, including without limitation software
distributed under the GNU General Public License or GNU Lesser/Library GPL.
“Game Center” means the gaming community service and related APIs provided by Apple for
use by You in connection with Your Applications that are associated with Your developer account.
“HealthKit APIs” means the Documented APIs that enable reading, writing, queries and/or
retrieval of an end-user’s health and/or fitness information in Apple’s Health application.
“HomeKit Accessory Protocol” means the proprietary protocol licensed by Apple under the MFi
Program that enables home accessories designed to work with the HomeKit APIs (e.g., lights,
locks) to communicate with compatible iOS Products, Apple Watch and other supported Apple-
branded products.
“HomeKit APIs” means the Documented APIs that enable reading, writing, queries and/or
retrieval of an end-user’s home configuration or home automation information from that end-
user’s designated area of Apple’s HomeKit Database.
“HomeKit Database” means Apple’s repository for storing and managing information about an
end-user’s Licensed HomeKit Accessories and associated information.
“iCloud” or “iCloud service” means the iCloud online service provided by Apple that includes
remote online storage.
“iCloud Storage APIs” means the Documented APIs that allow storage and/or retrieval of user-
generated documents and other files, and allow storage and/or retrieval of key value data (e.g., a
list of stocks in a finance App, settings for an App) for Applications and Web Software through the
use of iCloud.
“In-App Purchase API” means the Documented API that enables additional content, functionality
or services to be delivered or made available for use within an Application with or without an
additional fee.
“Intermediary Party” means a party that: (a) passes an Apple Pay end-user’s Apple Pay Payload
to a Merchant for processing such end-user’s payment transaction outside of an Application, or
(b) develops and makes available an Application to enable Merchants to conduct Tap to Pay
transactions.
“iOS” means the iOS operating system software provided by Apple for use by You only in
connection with Your Application development and testing, including any successor versions
thereof.
“iOS Product” means an Apple-branded product that runs iOS or iPadOS.
“iPadOS” means the iPadOS operating system software provided by Apple for use by You only in
connection with Your Application development and testing, including any successor versions
thereof.
“iPod Accessory Protocol” or “iAP” means Apple’s proprietary protocol for communicating with
supported Apple-branded products and which is licensed under the MFi Program.
Program Agreement
Page 5

“Library” means a code module that cannot be installed or executed separately from an
Application and that is developed by You in compliance with the Documentation and Program
Requirements only for use with iOS Products, Apple Watch, or Apple TV.
“Licensed Application” means an Application that (a) meets and complies with all of the
Documentation and Program Requirements, and (b) has been selected and digitally signed by
Apple for distribution, and includes any additional permitted functionality, content or services
provided by You from within an Application using the In-App Purchase API.
“Licensed Application Information” means screenshots, images, artwork, previews, icons

and/or any other text, descriptions, representations or information relating to a Licensed
Application that You provide to Apple for use in accordance with Schedule 1, or, if applicable,
Schedule 2 or Schedule 3.
“Licensed HomeKit Accessories” means hardware accessories licensed under the MFi
Program that support the HomeKit Accessory Protocol.
“Local Notification” means a message, including any content or data therein, that Your
Application delivers to end-users at a pre-determined time or when Your Application is running in
the background and another application is running in the foreground.
“macOS” means the macOS operating system software provided by Apple for use by You,
including any successor versions thereof.
“Managed Apple ID” means the Apple ID created by an organization for an employee or student
to use and managed by the organization’s IT administrator.
“Map Data” means any content, data or information provided through the Apple Maps Service
including, but not limited to, imagery, terrain data, latitude and longitude coordinates, transit data,
points of interest and traffic data.
“MapKit API” means the Documented client-side API that enables You to add mapping features
or functionality to Applications.
“MapKit JS” means the JavaScript library that enables You to add mapping features or
functionality to Your Applications, websites, or web applications.
“Merchant” means a party who: (a) processes Apple Pay payment transactions, or (b) uses the
TTP APIs to accept payments, conduct transactions and access related services via Your
Application, under their own name, trademark, or brand (e.g., their name shows up on the end-
user’s credit card statement).
“MFi Accessory” means a non-Apple branded hardware device that interfaces, communicates,
or otherwise interoperates with or controls an Apple-branded product using technology licensed
under the MFi Program (e.g., the ability to control a supported Apple-branded product through the
iPod Accessory Protocol).
“MFi Licensee” means a party who has been granted a license by Apple under the MFi Program.
“MFi Program” means a separate Apple program that offers developers, among other things, a
license to incorporate or use certain Apple technology in or with hardware accessories or devices
for purposes of interfacing, communicating or otherwise interoperating with or controlling select
Apple-branded products.
“Motion & Fitness APIs” means the Documented APIs that are controlled by the Motion &
Fitness privacy setting in a compatible Apple-branded product and that enable access to motion
Program Agreement
Page 6

and fitness sensor data (e.g., body motion, step count, stairs climbed), unless the end-user has
disabled access to such data.
“Multitasking” means the ability of Applications to run in the background while other Applications
are also running.
“MusicKit APIs” means the set of APIs that enable Apple Music users to access their
subscription through Your Application or as otherwise permitted by Apple in the Documentation.
“MusicKit Content” means music, video, and/or graphical content rendered through the MusicKit
APIs.
“MusicKit JS” means the JavaScript library that enables Apple Music users to access their
subscription through Your Applications, websites, or web applications.
“Network Extension Framework” means the Documented APIs that provide Applications with
the ability to customize certain networking features of compatible Apple-branded products (e.g.,
customizing the authentication process for WiFi Hotspots, VPN features, and content filtering
mechanisms).
“Pass(es)” means one or more digital passes (e.g., movie tickets, coupons, loyalty reward
vouchers, boarding passes, membership cards, etc.) developed by You under this Agreement,
under Your own trademark or brand, and which are signed with Your Pass Type ID.
“Pass Information” means the text, descriptions, representations or information relating to a

Pass that You provide to or receive from Your end-users on or in connection with a Pass.
“Pass Type ID” means the combination of an Apple Certificate and Push Application ID that is
used by You to sign Your Passes and/or communicate with the APN.
“Program” means the overall Apple development, testing, digital signing, and distribution
program contemplated in this Agreement.
“Payment Service Provider” means a provider that: (a) provides payment processing services
involving the processing of TTP Data for Merchants, whether directly or indirectly, and (b) is set
forth in the Documentation.
“Program Requirements” mean the technical, human interface, design, product category,
security, performance, and other criteria and requirements specified by Apple, including but not
limited to the current set of requirements set forth in Section 3.3, as they may be modified from
time to time by Apple in accordance with this Agreement.
“Provisioning Profiles” means the files (including applicable entitlements or other identifiers)
that are provided by Apple for use by You in connection with Your Application development and
testing, and limited distribution of Your Applications for use on Registered Devices and/or on
Authorized Test Units.
“Push Application ID” means the unique identification number or other identifier that Apple
assigns to an Application, Pass or Site in order to permit it to access and use the APN.
“Push Notification” or “Safari Push Notification” means a notification, including any content or
data therein, that You transmit to end-users for delivery in Your Application, Your Pass, and/or in
the case of macOS, to the macOS desktop of users of Your Site who have opted in to receive
such messages through Safari on macOS.
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“Registered Devices” means Apple-branded hardware units owned or controlled by You, or

owned by individuals who are affiliated with You, where such Products have been specifically
registered with Apple under this Program.
“Roster API” means the Documented API that enables the sharing of student, teacher, and staff
Roster Data from a school, if the school’s IT administrator enables Your Application or
Corresponding Products to receive that data.
“Roster Data” means any user data or tokens obtained, collected through, relating to, or from the
use of the Roster API, including any data that relates to an identified or identifiable individual or
that is linked or linkable to them.
“Safari Extensions” means one or more software extensions developed by You under this
Agreement only for use with Safari in compliance with this Agreement.
“Security Solution” means the proprietary Apple content protection system marketed as
Fairplay, to be applied to Licensed Applications distributed on the App Store to administer Apple's
standard usage rules for Licensed Applications, as such system and rules may be modified by
Apple from time to time.
“ShazamKit APIs” means the Documented APIs that enable You to add audio-based recognition
features or functionality to Your Application and Corresponding Products.
“ShazamKit Content” means metadata, music, and/or graphical content provided by Apple and
rendered through the ShazamKit APIs, including but not limited to MusicKit Content.
“Sign In with Apple” means the Documented APIs and JavaScript libraries that allow You to log
users into Your Application (and Corresponding Products) with their Apple ID or anonymized
credentials.
“Sign in with Apple at Work & School” means the Documented APIs and JavaScript libraries
that allow You to log users into Your Application (and Corresponding Products) with their
Managed Apple ID subject to the management of access by the user organization’s IT
administrator.
“SiriKit” means the set of APIs that allow Your Application to access or provide SiriKit domains,
intents, shortcuts, donations, and other related functionality, as set forth in the Documentation.
“Site” means a website provided by You under Your own name, trademark or brand.
“Single Sign-on Specification” means the Documentation provided by Apple hereunder for the
Single Sign-On API, as updated from time to time.
“Tap to Pay Data” or “TTP Data” means a Merchant's customer’s data package passed through
the Apple Software and Tap to Pay APIs as part of a transaction (e.g., primary account number,
transaction amount, etc.).
“Tap to Pay APIs” or “TTP APIs” means the Documented APIs that enable Merchants to conduct
transactions through the use of Your Application.
“Term” means the period described in Section 11.
“TestFlight” means Apple’s beta testing service for pre-release Applications made available
through Apple’s TestFlight Application.
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“TestFlight Application” means Apple’s application that enables the distribution of pre-release
versions of Your Applications to a limited number of Your Authorized Developers and to a limited
number of Beta Testers (as specified on the TestFlight developer website) through TestFlight.
“Tracking Preference” means the Apple setting that enables an end-user to set an ad tracking
preference.
“TV App API” means the API documented in the TV App Specification that enables You to
provide Apple with TV App Data.
“TV App Data” means the data described in the TV App Specification to be provided to Apple
through the TV App API.
“TV App Features” means functionality accessible via the TV App and/or tvOS, iOS, iPadOS,
and/or macOS devices, which functionality provides the user the ability to view customized
information and recommendations regarding content and to access such content through the
user’s apps, and/or provides the user the ability to continue play of previously viewed content.
“TV App Specification” means the Documentation provided by Apple hereunder for the TV App
API, as updated from time to time.
“tvOS” means the tvOS operating system software, including any successor versions thereof.
“Updates” means bug fixes, updates, upgrades, modifications, enhancements, supplements, and
new releases or versions of the Apple Software or Services, or to any part of the Apple Software
or Services.
“Wallet” means Apple’s application that has the ability to store and display Passes for use on iOS
Products, Apple Watch, or Safari on macOS.
“WatchKit Extension” means an extension bundled as part of Your Application that accesses the
WatchKit framework on iOS to run and display a WatchKit app on the watchOS.
“watchOS” means the watchOS operating system software, including any successor versions
thereof.
“Weather Alerts” means any weather warnings, or other alerts provided via the WeatherKit APIs
from time to time by meteorological agencies describing specific weather conditions in a
geographic location.
“WeatherKit APIs” means the Documented APIs that enable You to add weather features or
functionality to Your Applications or Corresponding Products.
“Web Software” means web-based versions of Your software applications that have the same
title and substantially equivalent features and functionality as Your Licensed Application (e.g.,
feature parity).
“Website Push ID” means the combination of an Apple Certificate and Push Application ID that is
used by You to sign Your Site’s registration bundle and/or communicate with the APN.
“Xcode Cloud” or “Xcode Cloud Service” means Apple’s cloud hosted continuous integration
and delivery service and related technologies.
“Xcode Cloud Content” means the software, tests, scripts, data, information, text, graphics,
videos, or other content that You post or make available when accessing or using the Xcode
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Cloud Service (including any software residing in source code repositories to which You provide
log-in credentials), excluding any Apple materials licensed to You.
“You” and “Your” means and refers to the person(s) or legal entity (whether the company,
organization, educational institution, or governmental agency, instrumentality, or department) that
has accepted this Agreement under its own developer account and that is using the Apple
Software or otherwise exercising rights under this Agreement.
Note: For the sake of clarity, You may authorize contractors to develop Applications on Your
behalf, but any such Applications must be owned by You, submitted under Your own developer
account, and distributed as Applications only as expressly permitted herein. You are responsible
to Apple for Your contractors’ activities under Your account (e.g., adding them to Your team to
perform development work for You) and their compliance with this Agreement. Any actions
undertaken by Your contractors arising out of this Agreement shall be deemed to have been
taken by You, and You (in addition to Your contractors) shall be responsible to Apple for all such
actions.
2. Internal Use License and Restrictions

2.1 Permitted Uses and Restrictions; Program services
Subject to the terms and conditions of this Agreement, Apple hereby grants You during the Term,
a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to:
(a) Install a reasonable number of copies of the Apple Software provided to You under the
Program on Apple-branded products owned or controlled by You, to be used internally by You or
Your Authorized Developers for the sole purpose of developing or testing Covered Products
designed to operate on the applicable Apple-branded products, except as otherwise expressly
permitted in this Agreement;
(b) Make and distribute a reasonable number of copies of the Documentation to Authorized
Developers for their internal use only and for the sole purpose of developing or testing Covered
Products, except as otherwise expressly permitted in this Agreement;
(c) Install a Provisioning Profile on each of Your Authorized Test Units, up to the number of
Authorized Test Units that You have registered and acquired licenses for, to be used internally by
You or Your Authorized Developers for the sole purpose of developing and testing Your
Applications, except as otherwise expressly permitted in this Agreement;
(d) Install a Provisioning Profile on each of Your Registered Devices, up to the limited number of
Registered Devices that You have registered and acquired licenses for, for the sole purpose of
enabling the distribution and use of Your Applications on such Registered Devices; and
(e) Incorporate the Apple Certificates issued to You pursuant to this Agreement for purposes of
digitally signing Your Applications, Passes, Safari Extensions, Safari Push Notifications, and as
otherwise expressly permitted by this Agreement.
Apple reserves the right to set the limited number of Apple-branded products that each Licensee
may register with Apple and obtain licenses for under this Program (a “Block of Registered
Device Licenses”). For the purposes of limited distribution on Registered Devices under
Section 7.3 (Ad Hoc distribution), each company, organization, educational institution or
affiliated group may only acquire one (1) Block of Registered Device Licenses per company,
organization, educational institution or group, unless otherwise agreed in writing by Apple. You
agree not to knowingly acquire, or to cause others to acquire, more than one Block of Registered
Device Licenses for the same company, organization, educational institution or group.
Apple may provide access to services by or through the Program for You to use with Your
developer account (e.g., device or app provisioning, managing teams or other account
resources). You agree to access such services only through the Program web portal (which is
accessed through Apple’s developer website) or through Apple-branded products that are
designed to work in conjunction with the Program (e.g., Xcode, App Store Connect, Swift
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Playgrounds) and only as authorized by Apple. If You (or Your Authorized Developers) access
Your developer account through these other Apple-branded products, You acknowledge and
agree that this Agreement shall continue to apply to any use of Your developer account and to
any features or functionality of the Program that are made available to You (or Your Authorized
Developers) in this manner (e.g., Apple Certificates and Provisioning Profiles can be used only in
the limited manner permitted herein, etc.). You agree not to create or attempt to create a
substitute or similar service through use of or access to the services provided by or through the
Program. If Apple provides power and performance metrics for Your Application, You agree that
such metrics may be used solely for Your own internal use and may not be provided to any third
party (except as set forth in Section 2.9). Further, You may only access such services using the
Apple ID associated with Your developer account or authentication credentials (e.g., keys,
tokens, password) associated with Your developer account, and You are fully responsible for
safeguarding Your Apple ID and authentication credentials from compromise and for using them
only as authorized by Apple and in accordance with the terms of this Agreement, including but not
limited to Section 2.8 and 5. Except as otherwise expressly permitted herein, You agree not to
share, sell, resell, rent, lease, lend, or otherwise provide access to Your developer account or any
services provided therewith, in whole or in part, to anyone who is not an Authorized Developer on
Your team, and You agree not to solicit or request Apple Developer Program members to provide
You with their Apple IDs, authentication credentials, and/or related account information and
materials (e.g., Apple Certificates used for distribution or submission to the App Store or
TestFlight). You understand that each team member must have their own Apple ID or
authentication credentials to access Your account, and You shall be fully responsible for all
activity performed through or in connection with Your account. To the extent that You own or
control an Apple-branded computer running Apple’s macOS Server or Xcode Server (“Server”)
and would like to use it for Your own development purposes in connection with the Program, You
agree to use Your own Apple ID or other authentication credentials for such Server, and You shall
be responsible for all actions performed by such Server.
2.2 Authorized Test Units and Pre-Release Apple Software

As long as an Authorized Test Unit contains any pre-release versions of the Apple Software or
uses pre-release versions of Services, You agree to restrict access to such Authorized Test Unit
to Your Authorized Developers and to not disclose, show, rent, lease, lend, sell or otherwise
transfer such Authorized Test Unit to any third party. You further agree to take reasonable
precautions to safeguard, and to instruct Your Authorized Developers to safeguard, all Authorized
Test Units from loss or theft. Further, subject to the terms of this Agreement, You may deploy
Your Applications to Your Authorized Developers for use on a limited number of Authorized Test
Units for Your own internal testing and development purposes.
You acknowledge that by installing any pre-release Apple Software or using any pre-
release Services on Your Authorized Test Units, these Units may be “locked” into testing
mode and may not be capable of being restored to their original condition. Any use of any
pre-release Apple Software or pre-release Services are for evaluation and development purposes
only, and You should not use any pre-release Apple Software or pre-release Services in a
commercial operating environment or with important data. You should back up any data prior to
using the pre-release Apple Software or pre-release Services. Apple shall not be responsible for
any costs, expenses or other liabilities You may incur as a result of provisioning Your Authorized
Test Units and Registered Devices, Your Covered Product development or the installation or use
of this Apple Software or any pre-release Apple Services, including but not limited to any damage
to any equipment, or any damage, loss, or corruption of any software, information or data.
2.3 Confidential Nature of Pre-Release Apple Software and Services

From time to time during the Term, Apple may provide You with pre-release versions of the Apple
Software or Services that constitute Apple Confidential Information and are subject to the
confidentiality obligations of this Agreement, except as otherwise set forth herein. Such pre-
release Apple Software and Services should not be relied upon to perform in the same manner as
a final-release, commercial-grade product, nor used with data that is not sufficiently and regularly
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backed up, and may include features, functionality or APIs for software or services that are not
yet available. You acknowledge that Apple may not have publicly announced the availability of
such pre-release Apple Software or Services, that Apple has not promised or guaranteed to You
that such pre-release software or services will be announced or made available to anyone in the
future, and that Apple has no express or implied obligation to You to announce or commercially
introduce such software or services or any similar or compatible technology. You expressly
acknowledge and agree that any research or development that You perform with respect to pre-
release versions of the Apple Software or Services is done entirely at Your own risk.
2.4 Copies
You agree to retain and reproduce in full the Apple copyright, disclaimers and other proprietary
notices (as they appear in the Apple Software and Documentation provided) in all copies of the
Apple Software and Documentation that You are permitted to make under this Agreement.
2.5 Ownership
Apple retains all rights, title, and interest in and to the Apple Software, Services, and any Updates
it may make available to You under this Agreement. You agree to cooperate with Apple to
maintain Apple's ownership of the Apple Software and Services, and, to the extent that You
become aware of any claims relating to the Apple Software or Services, You agree to use
reasonable efforts to promptly provide notice of any such claims to Apple. The parties
acknowledge that this Agreement does not give Apple any ownership interest in Your Covered
Products.
2.6 No Other Permitted Uses

Except as otherwise set forth in this Agreement, You agree not to rent, lease, lend, upload to or
host on any website or server, sell, redistribute, or sublicense the Apple Software, Apple
Certificates, or any Services, in whole or in part, or to enable others to do so. You may not use
the Apple Software, Apple Certificates, or any Services provided hereunder for any purpose not
expressly permitted by this Agreement, including any applicable Attachments and Schedules.
You agree not to install, use or run the Apple SDKs on any non-Apple-branded computer, and not
to install, use or run iOS, watchOS, tvOS, iPadOS, macOS and Provisioning Profiles on or in
connection with devices other than Apple-branded products, or to enable others to do so. You
may not and You agree not to, or to enable others to, copy (except as expressly permitted under
this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of,
modify, decrypt, or create derivative works of the Apple Software, Apple Certificates or any
Services provided by the Apple Software or otherwise provided hereunder, or any part thereof
(except as and only to the extent any foregoing restriction is prohibited by applicable law or to the
extent as may be permitted by licensing terms governing use of open-sourced components or
sample code included with the Apple Software). You agree not to exploit any Apple Software,
Apple Certificates, or Services provided hereunder in any unauthorized way whatsoever,
including but not limited to, by trespass or burdening network capacity, or by harvesting or
misusing data provided by such Apple Software, Apple Certificates, or Services. Any attempt to
do so is a violation of the rights of Apple and its licensors of the Apple Software or Services. If
You breach any of the foregoing restrictions, You may be subject to prosecution and damages.
All licenses not expressly granted in this Agreement are reserved and no other licenses, immunity
or rights, express or implied are granted by Apple, by implication, estoppel, or otherwise. This
Agreement does not grant You any rights to use any trademarks, logos or service marks
belonging to Apple, including but not limited to the iPhone or iPod word marks. If You make
reference to any Apple products or technology or use Apple’s trademarks, You agree to comply
with the published guidelines at https://www.apple.com/legal/intellectual-
property/guidelinesfor3rdparties.html, as they may be modified by Apple from time to time.
2.7 FPS SDK and FPS Deployment Package

You may use the FPS SDK to develop and test a server-side implementation of FPS, solely for
use with video streamed by You (or on Your behalf) through Your Applications, or video
downloaded for viewing through Your Applications, on iOS Products and/or Apple TV, through
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Safari on macOS, or as otherwise approved by Apple in writing (collectively, “Authorized FPS

Applications”). You understand that You will need to request the FPS Deployment Package on
the Program web portal prior to any production or commercial use of FPS. As part of such
request, You will need to submit information about Your requested use of FPS. Apple will review
Your request and reserves the right to not provide You with the FPS Deployment Package at its
sole discretion, in which case You will not be able to deploy FPS. Any development and testing
You perform with the FPS SDK is at Your own risk and expense, and Apple will not be liable to
You for such use or for declining Your request to use FPS in a production or commercial
environment.
If Apple provides You with the FPS Deployment Package, You agree to use it solely as approved
by Apple and only in connection with video content streamed by You (or on Your behalf) to
Authorized FPS Applications or downloaded for viewing through Your Authorized FPS
Applications. Except as permitted in Section 2.9 (Third-Party Service Providers), You will not
provide the FPS Deployment Package to any third party or sublicense, sell, resell, lease,
disclose, or re-distribute the FPS Deployment Package or FPS SDK to any third party (or any
implementation thereof) without Apple’s prior written consent.
You acknowledge and agree that the FPS Deployment Package (including the set of FPS
production keys) is Apple Confidential Information as set forth in Section 9 (Confidentiality).
Further, such FPS keys are unique to Your company or organization, and You are solely
responsible for storing and protecting them. You may use such FPS keys solely for the purpose
of delivering and protecting Your content key that is used to decrypt video content streamed by
You to Authorized FPS Applications or downloaded for viewing through Your Authorized FPS
Applications. Apple will have no liability or responsibility for unauthorized access to or use of any
FPS key or any content streamed or otherwise delivered under this Agreement in connection with
FPS. In the event that Your FPS key is disclosed, discovered, misappropriated or lost, You may
request that Apple revoke it by emailing [email protected], and You understand that
Apple will have no obligation to provide a replacement key. Apple reserves the right to revoke
Your FPS key at any time if requested by You, in the event of a breach of this Agreement by You,
if otherwise deemed prudent or reasonable by Apple, or upon expiration or termination of this
Agreement for any reason.
You acknowledge and agree that Apple reserves the right to revoke or otherwise remove Your
access to and use of FPS (or any part thereof) at any time in its sole discretion. Further, Apple
will have no obligation to provide any modified, updated or successor version of the FPS
Deployment Package or the FPS SDK to You and will have no obligation to maintain compatibility
with any prior version. If Apple makes new versions of the FPS Deployment Package or FPS
SDK available to You, then You agree to update to them within a reasonable time period if
requested to do so by Apple.
2.8 Use of Apple Services

Apple may provide access to Apple Services that Your Covered Products may call through APIs
in the Apple Software and/or that Apple makes available to You through other mechanisms, e.g.,
through the use of keys that Apple may make accessible to You under the Program. You agree
to access such Apple Services only through the mechanisms provided by Apple for such access
and only for use on Apple-branded products. Except as permitted in Section 2.9 (Third-Party
Service Providers) or as otherwise set forth herein, You agree not to share access to
mechanisms provided to You by Apple for the use of the Services with any third party. Further,
You agree not to create or attempt to create a substitute or similar service through use of or
access to the Apple Services.
You agree to access and use such Services only as necessary for providing services and
functionality for Your Covered Products that are eligible to use such Services and only as
permitted by Apple in writing, including in the Documentation. You may not use the Apple
Services in any manner that is inconsistent with the terms of this Agreement or that infringes any
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intellectual property rights of a third party or Apple, or that violates any applicable laws or
regulations. You agree that the Apple Services contain proprietary content, information and
material owned by Apple and its licensors, and protected by applicable intellectual property and
other laws. You may not use such proprietary content, information or materials in any way
whatsoever, except for the permitted uses of the Apple Services under this Agreement, or as
otherwise agreed by Apple in writing.
You understand there may be storage capacity, transmission, and/or transactional limits for the
Apple Services both for You as a developer and for Your end-users. If You reach or Your end-
user reaches such limits, then You or Your end-user may be unable to use the Apple Services or
may be unable to access or retrieve data from such Services through Your Covered Products or
through the applicable end-user accounts. You agree not to charge any fees to end-users solely
for access to or use of the Apple Services through Your Covered Products or for any content,
data or information provided therein, and You agree not to sell access to the Apple Services in
any way. You agree not to fraudulently create any end-user accounts or induce any end-user to
violate the terms of their applicable end-user terms or service agreement with Apple or to violate
any Apple usage policies for such end-user services. Except as expressly set forth herein, You
agree not to interfere with an end-user’s ability to access or use any such services.
Apple reserves the right to change, suspend, deprecate, deny, limit, or disable access to the
Apple Services, or any part thereof, at any time without notice (including but not limited to
revoking entitlements or changing any APIs in the Apple Software that enable access to the
Services or not providing You with an entitlement). In no event will Apple be liable for the
removal of or disabling of access to any of the foregoing. Apple may also impose limits and
restrictions on the use of or access to the Apple Services, may remove the Apple Services for
indefinite time periods, may revoke Your access to the Apple Services, or may cancel the Apple
Services (or any part thereof) at any time without notice or liability to You and in its sole
discretion.
Apple does not guarantee the availability, accuracy, completeness, reliability, or timeliness of any
data or information displayed by any Apple Services. To the extent You choose to use the Apple
Services with Your Covered Products, You are responsible for Your reliance on any such data or
information. You are responsible for Your use of the Apple Software and Apple Services, and if
You use such Services, then it is Your responsibility to maintain appropriate alternate backup of
all Your content, information and data, including but not limited to any content that You may
provide to Apple for hosting as part of Your use of the Services. You understand and agree that
You may not be able to access certain Apple Services upon expiration or termination of this
Agreement and that Apple reserves the right to suspend access to or delete content, data or
information that You or Your Covered Product have stored through Your use of such Services
provided hereunder. You should review the Documentation and policy notices posted by Apple
prior to using any Apple Services.
Apple Services may not be available in all languages or in all countries or regions, and Apple
makes no representation that any such Services would be appropriate, accurate or available for
use in any particular location or product. To the extent You choose to use the Apple Services
with Your Applications, You do so at Your own initiative and are responsible for compliance with
any applicable laws. Apple reserves the right to charge fees for Your use of the Apple Services.
Apple will inform You of any Apple Service fees or fee changes by email and information about
such fees will be posted in the Program web portal, App Store Connect, or the CloudKit console.
Apple Service availability and pricing are subject to change. Further, Apple Services may not be
made available for all Covered Products and may not be made available to all developers. Apple
reserves the right to not provide (or to cease providing) the Apple Services to any or all
developers at any time in its sole discretion.
2.9 Third-Party Service Providers
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Unless otherwise prohibited by Apple in the Documentation or this Agreement, You are permitted
to employ or retain a third party (“Service Provider”) to assist You in using the Apple Software
and Services provided pursuant to this Agreement, including, but not limited to, engaging any
such Service Provider to maintain and administer Your Applications’ servers on Your behalf,
provided that any such Service Provider’s use of the Apple Software and Services or any
materials associated therewith is done solely on Your behalf and only in accordance with these
terms. Notwithstanding the foregoing, You may not use a Service Provider to submit an
Application to the App Store or use TestFlight on Your behalf. You agree to have a binding
written agreement with Your Service Provider with terms at least as restrictive and protective of
Apple as those set forth herein. Any actions undertaken by any such Service Provider in relation
to Your Applications or use of the Apple Software or Apple Services and/or arising out of this
Agreement shall be deemed to have been taken by You, and You (in addition to the Service
Provider) shall be responsible to Apple for all such actions (or any inactions). In the event of any
actions or inactions by the Service Provider that would constitute a violation of this Agreement or
otherwise cause any harm, Apple reserves the right to require You to cease using such Service
Provider.
2.10 Updates; No Support or Maintenance

Apple may extend, enhance, or otherwise modify the Apple Software or Services (or any part
thereof) provided hereunder at any time without notice, but Apple shall not be obligated to provide
You with any Updates to the Apple Software or Services. If Updates are made available by
Apple, the terms of this Agreement will govern such Updates, unless the Update is accompanied
by a separate license in which case the terms of that license will govern. You understand that
such modifications may require You to change or update Your Covered Products. Further, You
acknowledge and agree that such modifications may affect Your ability to use, access, or interact
with the Apple Software and Services. Apple is not obligated to provide any maintenance,
technical or other support for the Apple Software or Services. You acknowledge that Apple has
no express or implied obligation to announce or make available any Updates to the Apple
Software or to any Services to anyone in the future. Should an Update be made available, it may
have APIs, features, services or functionality that are different from those found in the Apple
Software licensed hereunder or the Services provided hereunder.
3. Your Obligations
3.1 General
You certify to Apple and agree that:
(a) You are of the legal age of majority in the jurisdiction in which You reside (at least 18 years of
age in many countries or regions) and have the right and authority to enter into this Agreement on
Your own behalf, or if You are entering into this Agreement on behalf of Your company,
organization, educational institution, or agency, instrumentality, or department of the federal
government, that You have the right and authority to legally bind such entity or organization to the
terms and obligations of this Agreement;
(b) All information provided by You to Apple or Your end-users in connection with this Agreement
or Your Covered Products, including without limitation Licensed Application Information or Pass
Information, will be current, true, accurate, supportable and complete and, with regard to
information You provide to Apple, You will promptly notify Apple of any changes to such
information. Further, You agree that Apple may share such information (including email address
and mailing address) with third parties who have a need to know for purposes related thereto
(e.g., intellectual property questions, customer service inquiries, etc.);
(c) You will comply with the terms of and fulfill Your obligations under this Agreement, including
obtaining any required consents for Your Authorized Developers’ use of the Apple Software and
Services, and You agree to monitor and be fully responsible for all such use by Your Authorized
Developers and their compliance with the terms of this Agreement;
(d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and
activities undertaken by You and Your Authorized Developers in connection with the Apple
Software and Apple Services, the Authorized Test Units, Registered Devices, Your Covered
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Products and Your related development and distribution efforts, including, but not limited to, any
related development efforts, network and server equipment, Internet service(s), or any other
hardware, software or services used by You in connection with Your use of any services;
(e) For the purposes of Schedule 1 (if applicable), You represent and warrant that You own or
control the necessary rights in order to appoint Apple and Apple Subsidiaries as Your worldwide
agent for the delivery of Your Licensed Applications, and that the fulfillment of such appointment
by Apple and Apple Subsidiaries shall not violate or infringe the rights of any third party; and
(f) You will not act in any manner which conflicts or interferes with any existing commitment or
obligation You may have and no agreement previously entered into by You will interfere with Your
performance of Your obligations under this Agreement.
3.2 Use of the Apple Software and Apple Services

As a condition to using the Apple Software and any Apple Services, You agree that:
(a) You will use the Apple Software and any services only for the purposes and in the manner
expressly permitted by this Agreement and in accordance with all applicable laws and
regulations;
(b) You will not use the Apple Software or any Apple Services: (1) for any unlawful or illegal
activity, nor to develop any Covered Product, which would commit or facilitate the commission of
a crime, or other tortious, unlawful or illegal act; (2) to threaten, incite, or promote violence,
terrorism, or other serious harm; or (3) to create or distribute any content or activity that promotes
child sexual exploitation or abuse;
(c) Your Application, Library and/or Pass will be developed in compliance with the Documentation
and the Program Requirements, the current set of which is set forth in Section 3.3 below;
(d) To the best of Your knowledge and belief, Your Covered Products, Licensed Application
Information, Xcode Cloud Content, and Pass Information do not and will not violate,
misappropriate, or infringe any Apple or third party copyrights, trademarks, rights of privacy and
publicity, trade secrets, patents, or other proprietary or legal rights (e.g., musical composition or
performance rights, video rights, photography or image rights, logo rights, third party data rights,
etc. for content and materials that may be included in Your Application);
(e) You will not, through use of the Apple Software, Apple Certificates, Apple Services or
otherwise, create any Covered Product or other code or program that would: (1) disable, hack or
otherwise interfere with the Security Solution, or any security, digital signing, digital rights
management, verification or authentication mechanisms implemented in or by iOS, watchOS,
iPadOS, tvOS, the Apple Software, or any Services, or other Apple software or technology, or
enable others to do so (except to the extent expressly permitted by Apple in writing); or (2) violate
the security, integrity, or availability of any user, network, computer or communications system;
(f) You will not, directly or indirectly, commit any act intended to interfere with any of the Apple
Software or Services, the intent of this Agreement, or Apple’s business practices including, but
not limited to, taking actions that may hinder the performance or intended use of the App Store,
Custom App Distribution, TestFlight, Xcode Cloud, Ad Hoc distribution, or the Program (e.g.,
submitting fraudulent reviews of Your own Application or any third party application, choosing a
name for Your Application that is substantially similar to the name of a third party application in
order to create consumer confusion, or squatting on application names to prevent legitimate third
party use). Further, You will not engage, or encourage others to engage, in any unlawful, unfair,
misleading, fraudulent, improper, or dishonest acts or business practices relating to Your Covered
Products (e.g., engaging in bait-and-switch pricing, consumer misrepresentation, deceptive
business practices, or unfair competition against other developers); and
(g) Applications for iOS Products, Apple Watch, or Apple TV developed using the Apple Software
may be distributed only if selected by Apple (in its sole discretion) for distribution via the App
Store, Custom App Distribution, for beta distribution through TestFlight, or through Ad Hoc
distribution as contemplated in this Agreement. Passes developed using the Apple Software may
be distributed to Your end-users via email, a website or an Application in accordance with the
terms of this Agreement, including Attachment 5. Safari Extensions signed with an Apple
Certificate may be distributed to Your end-users in accordance with the terms of this Agreement,
including Attachment 7. Applications for macOS may be distributed outside of the App Store
using Apple Certificates and/or tickets as set forth in Section 5.3 and 5.4.
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3.3 Program Requirements

Any Application that will be submitted to the App Store, Custom App Distribution, or TestFlight, or
that will be distributed through Ad Hoc distribution, must be developed in compliance with the
Documentation and the Program Requirements, the current set of which is set forth below in this
Section 3.3. Corresponding Products, Libraries, and Passes are subject to the same criteria:
APIs and Functionality:
3.3.1 Applications may only use Documented APIs in the manner prescribed by Apple and
must not use or call any private APIs. Further, macOS Applications submitted to Apple for
distribution on the App Store may use only Documented APIs included in the default installation
of macOS, as bundled with Xcode and the Mac SDK, or as bundled with Swift Playgrounds;
deprecated technologies (such as Java) may not be used.
3.3.2 Except as set forth in the next paragraph, an Application may not download or install
executable code. Interpreted code may be downloaded to an Application but only so long as
such code: (a) does not change the primary purpose of the Application by providing features or
functionality that are inconsistent with the intended and advertised purpose of the Application as
submitted to the App Store, (b) does not create a store or storefront for other code or
applications, and (c) does not bypass signing, sandbox, or other security features of the OS.
An Application that is a programming environment intended for use in learning how to program
may download and run executable code so long as the following requirements are met: (i) no
more than 80 percent of the Application’s viewing area or screen may be taken over with
executable code, except as otherwise permitted in the Documentation, (ii) the Application must
present a reasonably conspicuous indicator to the user within the Application to indicate that the
user is in a programming environment, (iii) the Application must not create a store or storefront for
other code or applications, and (iv) the source code provided by the Application must be
completely viewable and editable by the user (e.g., no pre-compiled libraries or frameworks may
be included with the code downloaded).
3.3.3 Without Apple’s prior written approval or as permitted under Section 3.3.25 (In-App
Purchase API), an Application may not provide, unlock or enable additional features or
functionality through distribution mechanisms other than the App Store, Custom App Distribution
or TestFlight.
3.3.4 An Application for iOS, watchOS, iPadOS, or tvOS may only read data from or write data
to an Application's designated container area on the device, except as otherwise specified by
Apple. For macOS Applications submitted to Apple for distribution on the App Store: (a) all files
necessary for the Application to execute on macOS must be in the Application bundle submitted
to Apple and must be installed by the App Store; (b) all localizations must be in the same
Application bundle and may not include a suite or collection of independent applications within a
single Application bundle; (c) native user interface elements or behaviors of macOS (e.g., the
system menu, window sizes, colors, etc.) may not be altered, modified or otherwise changed; (d)
You may not use any digital rights management or other copy or access control mechanisms in
such Applications without Apple’s written permission or as specified in the Documentation; and
(e) except as otherwise permitted by Section 3.3.25 (In-App Purchase API), such Applications
may not function as a distribution mechanism for software and may not include features or
functionality that create or enable a software store, distribution channel or other mechanism for
software delivery within such Applications (e.g., an audio application may not include an audio
filter plug-in store within the Application).
3.3.5 An Application for an iOS Product must have at least the same features and functionality
when run by a user in compatibility mode on an iPad (e.g., an iPhone app running in an
equivalent iPhone-size window on an iPad must perform in substantially the same manner as
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when run on the iPhone; provided that this obligation will not apply to any feature or functionality
that is not supported by a particular hardware device, such as a video recording feature on a
device that does not have a camera). Further, You agree not to interfere or attempt to interfere
with the operation of Your Application in compatibility mode.
3.3.6 You may use the Multitasking services only for their intended purposes as described in
the Documentation.
User Interface, Data Collection, Local Laws and Privacy:
3.3.7 Applications must comply with the Human Interface Guidelines (HIG) and other
Documentation provided by Apple. You agree to follow the HIG to develop an appropriate user
interface and functionality for Your Application that is compatible with the design of Apple-
branded products (e.g., a watch App should have a user interface designed for quick interactions
in accordance with the HIG’s watchOS design themes).
3.3.8 If Your Application captures or makes any video, microphone, screen recordings, or
camera recordings, whether saved on the device or sent to a server (e.g., an image, photo, voice
or speech capture, or other recording) (collectively “Recordings”), a reasonably conspicuous
audio, visual or other indicator must be displayed to the user as part of the Application to indicate
that a Recording is taking place.
- In addition, any form of data, content or information collection, processing, maintenance,

uploading, syncing, storage, transmission, sharing, disclosure or use performed by, through or in
connection with Your Application must comply with all applicable privacy laws and regulations as
well as any related Program Requirements, including but not limited to any notice or consent
requirements.
3.3.9 You and Your Applications (and any third party with whom You have contracted to serve
advertising) may not collect user or device data without prior user consent, whether such data is
obtained directly from the user or through the use of the Apple Software, Apple Services, or Apple
SDKs, and then only to provide a service or function that is directly relevant to the use of the
Application, or to serve advertising in accordance with Sections 3.3.12. You may not broaden or
otherwise change the scope of usage for previously collected user or device data without
obtaining prior user consent for such expanded or otherwise changed data collection. Further,
neither You nor Your Application will use any permanent, device-based identifier, or any data
derived therefrom, for purposes of uniquely identifying a device.
3.3.10 You must provide clear and complete information to users regarding Your collection, use
and disclosure of user or device data, e.g., a description of Your use of user and device data in
the App Description on the App Store. Furthermore, You must take appropriate steps to protect
such data from unauthorized use, disclosure or access by third parties. If a user ceases to
consent or affirmatively revokes consent for Your collection, use or disclosure of such user’s
device or user data, You (and any third party with whom You have contracted to serve
advertising) must promptly cease all such use. You must provide a privacy policy in Your
Application, on the App Store, and/or on Your website explaining Your collection, use, disclosure,
sharing, retention, and deletion of user or device data. You agree to notify Your users, in
accordance with applicable law, in the event of a data breach in which user data collected from
Your Application is compromised (e.g., You will send an email notifying Your users if there has
been an unintentional disclosure or misuse of their user data).
3.3.11 Applications must comply with all applicable criminal, civil and statutory laws and
regulations, including those in any jurisdictions in which Your Applications may be offered or
made available. In addition:
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- You and the Application must comply with all applicable privacy and data collection laws and
regulations with respect to any collection, use or disclosure of user or device data (e.g., a user’s
IP address, the name of the user’s device, and any installed apps associated with a user);
- Applications may not be designed or marketed for the purpose of harassing, abusing,
spamming, stalking, threatening or otherwise violating the legal rights (such as the rights of
privacy and publicity) of others;
- Neither You nor Your Application may perform any functions or link to any content, services,
information or data or use any robot, spider, site search or other retrieval application or device to
scrape, mine, retrieve, cache, analyze or index software, data or services provided by Apple or its
licensors, or obtain (or try to obtain) any such data, except the data that Apple expressly provides
or makes available to You in connection with such services. You agree that You will not collect,
disseminate or use any such data for any unauthorized purpose; and
- If Your Application is intended for human subject research or uses the HealthKit APIs for clinical
health-related uses which may involve personal data (e.g., storage of health records), then You
agree to inform participants of the intended uses and disclosures of their personally identifiable
data as part of such research or clinical health uses and to obtain consent from such participants
(or their guardians) who will be using Your Application for such research or clinical health
purposes. Further, You shall prohibit third parties to whom You provide any de-identified or
coded data from re-identifying (or attempting to re-identify) any participants using such data
without participant consent, and You agree to require that such third parties pass the foregoing
restriction on to any other parties who receive such de-identified or coded data.
Advertising Identifier and Tracking Preference; Ad Network APIs:
3.3.12 You and Your Applications (and any third party with whom You have contracted to serve
advertising) may use the Advertising Identifier, and any information obtained through the use of
the Advertising Identifier, only for the purpose of serving advertising. If a user resets the
Advertising Identifier, then You agree not to combine, correlate, link or otherwise associate, either
directly or indirectly, the prior Advertising Identifier and any derived information with the reset
Advertising Identifier. For Applications compiled for any Apple-branded product providing access
to the Ad Support APIs, You agree to check a user’s Tracking Preference prior to serving any
advertising using the Advertising Identifier, and You agree to abide by a user’s setting in the
Tracking Preference in Your use of the Advertising Identifier and in Your use of any other user or
device data for tracking.
In addition, You may request to use the Ad Network APIs to track application advertising
conversion events. If You are granted permission to use the Ad Network APIs, You agree not to
use such APIs, or any information obtained through the use of the Ad Network APIs, for any
purpose other than verifying ad validation information as part of an advertising conversion event.
You agree not to combine, correlate, link, or otherwise associate, either directly or indirectly,
information that is provided as part of the ad validation through the use of the Ad Network APIs
with other information You may have about a user. Apple reserves the right to reject any
requests to use the Ad Network APIs, in its sole discretion.
Location and Maps; User Consents:
3.3.13 Applications that use location-based APIs (e.g., Core Location, MapKit API, Apple Maps
Server API) or otherwise provide location-based services may not be designed or marketed for
automatic or autonomous control of vehicle behavior, or for emergency or life-saving purposes.
3.3.14 Applications that offer location-based services or functionality, or that otherwise obtain a
user’s location through the use of the Apple Software or Apple Services, must notify and obtain
consent from a user before a user’s location data is collected, transmitted or otherwise used by
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the Application and then such data must be used only as consented to by the user and as
permitted herein. For example, if You use the “Always” location option in Your Application for the
purpose of continuous collection and use of a user’s location data, You should provide a clearly
defined justification and user benefit that is presented to the user at the time of the permission.
3.3.15 If You choose to provide Your own location-based service, data and/or information in
conjunction with the Apple maps provided through the Apple Maps Service (e.g., overlaying a
map or route You have created on top of an Apple map), You are solely responsible for ensuring
that Your service, data and/or information correctly aligns with any Apple maps used. For
Applications that use location-based APIs for real-time navigation (including, but not limited to,
turn-by-turn route guidance and other routing that is enabled through the use of a sensor), You
must have an end-user license agreement that includes the following notice: YOUR USE OF
THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION
DATA MAY NOT BE ACCURATE.
3.3.16 Applications must not disable, override or otherwise interfere with any Apple-
implemented system alerts, warnings, display panels, consent panels and the like, including, but
not limited to, those that are intended to notify the user that the user's location data, address book
data, calendar, photos, audio data, and/or reminders are being collected, transmitted, maintained,
processed or used, or intended to obtain consent for such use. Further, if You have the ability to
add a description in such alerts, warnings, and display panels (e.g., information in the purpose
strings for the Camera APIs), any such description must be accurate and not misrepresent the
scope of use. If consent is denied or withdrawn, Applications may not collect, transmit, maintain,
process or utilize such data or perform any other actions for which the user’s consent has been
denied or withdrawn.
3.3.17 If Your Application (or Your website or web application, as applicable) uses or accesses
the MapKit API, Apple Maps Server API or MapKit JS from a device running iOS version 6 or
later, Your Application (or Your website or web application, as applicable) will access and use the
Apple Maps Service. All use of the MapKit API, Apple Maps Server API, MapKit JS, and Apple
Maps Service must be in accordance with the terms of this Agreement (including the Program
Requirements) and Attachment 6 (Additional Terms for the use of the Apple Maps Service).
Content and Materials:
3.3.18 Any master recordings and musical compositions embodied in Your Application must be
wholly-owned by You or licensed to You on a fully paid-up basis and in a manner that will not
require the payment of any fees, royalties and/or sums by Apple to You or any third party. In
addition, if Your Application will be distributed outside of the United States, any master recordings
and musical compositions embodied in Your Application (a) must not fall within the repertoire of
any mechanical or performing/communication rights collecting or licensing organization now or in
the future and (b) if licensed, must be exclusively licensed to You for Your Application by each
applicable copyright owner.
3.3.19 If Your Application includes or will include any other content, You must either own all
such content or have permission from the content owner to use it in Your Application.
3.3.20 Applications may be rejected if they contain content or materials of any kind (text,
graphics, images, photographs, sounds, etc.) that in Apple’s reasonable judgment may be found
objectionable or inappropriate, for example, materials that may be considered obscene,
pornographic, or defamatory.
3.3.21 Applications must not contain any malware, malicious or harmful code, program, or other
internal component (e.g., computer viruses, trojan horses, “backdoors”) which could damage,
destroy, or adversely affect the Apple Software, services, Apple-branded products, or other
software, firmware, hardware, data, systems, services, or networks.
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3.3.22 If Your Application includes any FOSS, You agree to comply with all applicable FOSS
licensing terms. You also agree not to use any FOSS in the development of Your Application in
such a way that would cause the non-FOSS portions of the Apple Software to be subject to any
FOSS licensing terms or obligations.
3.3.23 Your Application may include promotional sweepstake or contest functionality provided
that You are the sole sponsor of the promotion and that You and Your Application comply with
any applicable laws and fulfill any applicable registration requirements in the country, territory, or
region where You make Your Application available and the promotion is open. You agree that
You are solely responsible for any promotion and any prize, and also agree to clearly state in
binding official rules for each promotion that Apple is not a sponsor of, or responsible for
conducting, the promotion.
3.3.24 Your Application may include a direct link to a page on Your web site where You include
the ability for an end-user to make a charitable contribution, provided that You comply with any
applicable laws (which may include providing a receipt), and fulfill any applicable regulation or
registration requirements, in the country, territory, or region where You enable the charitable
contribution to be made. You also agree to clearly state that Apple is not the fundraiser.
In-App Purchase API:
3.3.25 All use of the In-App Purchase API and related services must be in accordance with the
terms of this Agreement (including the Program Requirements) and Attachment 2 (Additional
Terms for Use of the In-App Purchase API).
Network Extension Framework:
3.3.26 Your Application must not access the Network Extension Framework unless Your
Application is primarily designed for providing networking capabilities, and You have received an
entitlement from Apple for such access. You agree to the following if You receive such
entitlement:
- You agree to clearly disclose to end-users how You and Your Application will be using their
network information and, if applicable, filtering their network data, and You agree to use such
data and information only as expressly consented to by the end-user and as expressly permitted
herein;
- You agree to store and transmit network information or data from an end-user in a secure and
appropriate manner;
- You agree not to divert an end-user’s network data or information through any undisclosed,
improper, or misleading processes, e.g., to filter it through a website to obtain advertising revenue
or spoof a website;
- You agree not to use any network data or information from end-users to bypass or override any
end-user settings, e.g., You may not track an end-user’s WiFi network usage to determine their
location if they have disabled location services for Your Application; and
- Notwithstanding anything to the contrary in Section 3.3.9, You and Your Application may not
use the Network Extension Framework, or any data or information obtained through the Network
Extension Framework, for any purpose other than providing networking capabilities in connection
with Your Application (e.g., not for using an end-user’s Internet traffic to serve advertising or to
otherwise build user profiles for advertising).
Apple reserves the right to not provide You with an entitlement to use the Network Extension
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Framework in its sole discretion and to revoke such entitlement at any time. In addition, if You
would like to use the Access WiFi Information APIs (which provide the WiFi network to which a
device is connected), then You must request an entitlement from Apple for such use,
and, notwithstanding anything to the contrary in Section 3.3.9, You may use such APIs only for
providing a service or function that is directly relevant to the Application (e.g., not for serving
advertising).
MFi Accessories:
3.3.27 Your Application may interface, communicate, or otherwise interoperate with or control an
MFi Accessory (as defined above) through wireless transports or through Apple's lightning or 30-
pin connectors only if (i) such MFi Accessory is licensed under the MFi Program at the time that
You initially submit Your Application, (ii) the MFi Licensee has added Your Application to a list of
those approved for interoperability with their MFi Accessory, and (iii) the MFi Licensee has
received approval from the MFi Program for such addition.
Regulatory Compliance:
3.3.28 You will fulfill any applicable regulatory requirements, including full compliance with all
applicable laws, regulations, and policies related to the manufacturing, marketing, sale and
distribution of Your Application in the United States, and in particular the requirements of the U.S.
Food and Drug Administration (FDA) as well as other U.S. regulatory bodies such as the FAA,
HHS, FTC, and FCC, and the laws, regulations and policies of any other applicable regulatory
bodies in any countries, territories, or regions where You use or make Your Application available,
e.g., MHRA, CFDA. However, You agree that You will not seek any regulatory marketing
permissions or make any determinations that may result in any Apple products being deemed
regulated or that may impose any obligations or limitations on Apple. By submitting Your
Application to Apple for selection for distribution, You represent and warrant that You are in full
compliance with any applicable laws, regulations, and policies, including but not limited to all FDA
laws, regulations and policies, related to the manufacturing, marketing, sale and distribution of
Your Application in the United States, as well as in other countries, territories, or regions where
You plan to make Your Application available. You also represent and warrant that You will
market Your Application only for its cleared or approved intended use/indication for use, and only
in strict compliance with applicable regulatory requirements. Upon Apple’s request, You agree to
promptly provide any such clearance documentation to support the marketing of Your Application.
If requested by the FDA or by another government body that has a need to review or test Your
Application as part of its regulatory review process, You may provide Your Application to such
entity for review purposes. You agree to promptly notify Apple in accordance with the procedures
set forth in Section 14.5 of any complaints or threats of complaints regarding Your Application in
relation to any such regulatory requirements, in which case Apple may remove Your Application
from distribution.
Cellular Network:
3.3.29 If an Application requires or will have access to the cellular network, then additionally
such Application:
- Must comply with Apple's best practices and other guidelines on how Applications should
access and use the cellular network; and
- Must not in Apple's reasonable judgment excessively use or unduly burden network capacity or
bandwidth.
3.3.30 Because some mobile network operators may prohibit or restrict the use of Voice over
Internet Protocol (VoIP) functionality over their network, such as the use of VoIP telephony over a
cellular network, and may also impose additional fees, or other charges in connection with VoIP.
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You agree to inform end-users, prior to purchase, to check the terms of agreement with their
operator, for example, by providing such notice in the marketing text that You provide
accompanying Your Application on the App Store. In addition, if Your Application allows end-
users to send SMS messages or make cellular voice calls, then You must inform the end-user,
prior to use of such functionality, that standard text messaging rates or other carrier charges may
apply to such use.
Apple Push Notification Service and Local Notifications:
3.3.31 All use of Push Notifications via the Apple Push Notification Service or Local Notifications
must be in accordance with the terms of this Agreement (including the Program Requirements)
and Attachment 1 (Additional Terms for Apple Push Notification Service and Local Notifications).
Game Center:
3.3.32 All use of the Game Center must be in accordance with the terms of this Agreement
(including the Program Requirements) and Attachment 3 (Additional Terms for the Game Center).
iCloud:
3.3.33 All use of the iCloud Storage APIs and CloudKit APIs, as well as Your use of the iCloud
service under this Agreement, must be in accordance with the terms of this Agreement (including
the Program Requirements) and Attachment 4 (Additional Terms for the use of iCloud).
Wallet:
3.3.34 Your development of Passes, and use of the Pass Type ID and Wallet under this
Agreement, must be in accordance with the terms of this Agreement (including the Program
Requirements) and Attachment 5 (Additional Terms for Passes).
Additional Services or End-User Pre-Release Software:
3.3.35 From time to time, Apple may provide access to additional Services or pre-release Apple
Software for You to use in connection with Your Applications, or as an end-user for evaluation
purposes. Some of these may be subject to separate terms and conditions in addition to this
Agreement, in which case Your usage will also be subject to those terms and conditions. Such
services or software may not be available in all languages or in all countries or regions, and Apple
makes no representation that they will be appropriate or available for use in any particular
location. To the extent You choose to access such services or software, You do so at Your own
initiative and are responsible for compliance with any applicable laws, including but not limited to
applicable local laws. To the extent any such software includes Apple’s FaceTime or Messages
feature, You acknowledge and agree that when You use such features, the telephone numbers
and device identifiers associated with Your Authorized Test Units, as well as email addresses
and/or Apple ID information You provide, may be used and maintained by Apple to provide and
improve such software and features. Certain services made accessible to You through the Apple
Software may be provided by third parties. You acknowledge that Apple will not have any liability
or responsibility to You or any other person (including to any end-user) for any third-party
services or for any Apple services. Apple and its licensors reserve the right to change, suspend,
remove, or disable access to any services at any time. In no event will Apple be liable for the
removal or disabling of access to any such services. Further, upon any commercial release of
such software or services, or earlier if requested by Apple, You agree to cease all use of the pre-
release Apple Software or Services provided to You as an end-user for evaluation purposes
under this Agreement.
3.3.36 If Your Application accesses the Google Safe Browsing service through the Apple
Software such access is subject to Google’s terms of service set forth at:
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https://developers.google.com/safe-browsing/terms. If You do not accept such terms of service,

then You may not use the Google Safe Browsing Service in Your Application, and You
acknowledge and agree that such use will constitute Your acceptance of such terms of service.
3.3.37 If Your Application accesses data from an end-user’s Address Book through the Address
Book API, You must notify and obtain consent from the user before a user’s Address Book data is
accessed or used by Your Application. Further, Your Application may not provide an automated
mechanism that transfers only the Facebook Data portions of the end-user’s Address Book
altogether to a location off of the end-user’s device. For the sake of clarity, this does not prohibit
an automated transfer of the user’s entire Address Book as a whole, so long as user notification
and consent requirements have been fulfilled; and does not prohibit enabling users to transfer
any portion of their Address Book data manually (e.g., by cutting and pasting) or enabling them to
individually select particular data items to be transferred.
Extensions:
3.3.38 Applications that include extensions in the Application bundle must provide some
functionality beyond just the extensions (e.g., help screens, additional settings), unless an
Application includes a WatchKit Extension. In addition:
- Extensions (excluding WatchKit Extensions) may not include advertising, product promotion,
direct marketing, or In-App Purchase offers in their extension view;
- Extensions may not block the full screen of an iOS Product or Apple TV, or redirect, obstruct or
interfere in an undisclosed or unexpected way with a user’s use of another developer’s
application or any Apple-provided functionality or service;
- Extensions may operate only in Apple-designated areas of iOS, watchOS, iPadOS, or tvOS as
set forth in the Documentation;
- Extensions that provide keyboard functionality must be capable of operating independent of any
network access and must include Unicode characters (vs. pictorial images only);
- Any keystroke logging done by any such extension must be clearly disclosed to the end-user
prior to any such data being sent from an iOS Product, and notwithstanding anything else in
Section 3.3.9, such data may be used only for purposes of providing or improving the keyboard
functionality of Your Application (e.g., not for serving advertising);
- Any message filtering done by an extension must be clearly disclosed to the end-user, and
notwithstanding anything else in Section 3.3.9, any SMS or MMS data (whether accessed
through a message filtering extension or sent by iOS to a messaging extension's corresponding
server) may be used only for purposes of providing or improving the message experience of the
user by reducing spam or messages from unknown sources, and must not be used for serving
advertising or for any other purpose. Further, SMS or MMS data from a user that is accessed
within the extension may not be exported from the extension’s designated container area in any
way; and
- Your Application must not automate installation of extensions or otherwise cause extensions to
be installed without the user’s knowledge, and You must accurately specify to the user the
purpose and functionality of the extension.
HealthKit APIs and Motion & Fitness APIs:
3.3.39 Your Application must not access the HealthKit APIs or Motion & Fitness APIs unless the
use of such APIs is for health, motion, and/or fitness purposes, and this usage is clearly evident
in Your marketing text and user interface. In addition:
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use the HealthKit APIs or the Motion & Fitness APIs, or any information obtained through the
HealthKit APIs or the Motion & Fitness APIs, for any purpose other than providing health, motion,
and/or fitness services in connection with Your Application (e.g., not for serving advertising);
- You must not use the HealthKit APIs or the Motion & Fitness APIs, or any information obtained
through the HealthKit APIs or the Motion & Fitness APIs, to disclose or provide an end-user’s
health, motion, and/or fitness information to a third party without prior express end-user consent,
and then only for purposes of enabling the third party to provide health, motion, and/or fitness
services as permitted herein. For example, You must not share or sell an end-user’s health
information collected through the HealthKit APIs or Motion & Fitness APIs to advertising
platforms, data brokers, or information resellers. For clarity, You may allow end-users to consent
to share their data with third parties for medical research purposes; and
- You agree to clearly disclose to end-users how You and Your Application will be using their
health, motion, and/or fitness information and to use it only as expressly consented to by the end-
user and as expressly permitted herein.
Configuration Profiles:
3.3.40 Configuration Profiles cannot be delivered to consumers other than for the purposes of
configuration of WiFi, APN, or VPN settings, or as otherwise expressly permitted by Apple in the
then-current Configuration Profile Reference Documentation. You must make a clear declaration
of what user data will be collected and how it will be used on an app screen or other notification
mechanism prior to any user action to use a Configuration Profile. You may not share or sell user
data obtained through a Configuration Profile to advertising platforms, data brokers, or
information resellers. In addition, You may not override the consent panel for a Configuration
Profile or any other mechanisms of a Configuration Profile.
HomeKit APIs:
3.3.41 Your Application must not access the HomeKit APIs unless it is primarily designed to
provide home configuration or home automation services (e.g., turning on a light, lifting a garage
door) for Licensed HomeKit Accessories and this usage is clearly evident in Your marketing text
and user interface. You agree not to use the HomeKit APIs for any purpose other than
interfacing, communicating, interoperating with or otherwise controlling a Licensed HomeKit
Accessory or for using the HomeKit Database, and then only for home configuration or home
automation purposes in connection with Your Application. In addition:
- Your Application may use information obtained from the HomeKit APIs and/or the HomeKit
Database only on a compatible Apple-branded product and may not export, remotely access or
transfer such information off of the applicable product (e.g., a lock password cannot be sent off an
end-user’s device to be stored in an external non-Apple database), unless otherwise expressly
permitted by Apple in the Documentation; and
use the HomeKit APIs, or any information obtained through the HomeKit APIs or through the
HomeKit Database, for any purpose other than providing or improving home configuration or
home automation services in connection with Your Application (e.g., not for serving advertising).
Apple Pay APIs:
3.3.42 Your Application may use the Apple Pay APIs solely for the purpose of facilitating
payment transactions that are made by or through Your Application, and only for the purchase of
goods and services that are to be used outside of any iOS Product or Apple Watch, unless
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otherwise permitted by Apple in writing. For clarity, nothing in this Section 3.3.42 supplants any
of the rules or requirements for the use of the In-App Purchase API, including but not limited to
Section 3.3.3 and the guidelines. In addition:
- You acknowledge and agree that Apple is not a party to any payment transactions facilitated
through the use of the Apple Pay APIs and is not responsible for any such transactions, including
but not limited to the unavailability of any end-user payment cards or payment fraud. Such
payment transactions are between You and Your bank, acquirer, card networks, or other parties
You utilize for transaction processing, and You are responsible for complying with any
agreements You have with such third parties. In some cases, such agreements may contain
terms specifying specific rights, obligations or limitations that You accept and assume in
connection with Your decision to utilize the functionality of the Apple Pay APIs;
- You agree to store any private keys provided to You as part of Your use of the Apple Pay APIs
in a secure manner (e.g., encrypted on a server) and in accordance with the Documentation. You
agree not to store any end-user payment information in an unencrypted manner on an iOS
Product. For clarity, You may not decrypt any such end-user payment information on an iOS
Product;
- You agree not to call the Apple Pay APIs or otherwise attempt to gain information through the
Apple Pay APIs for purposes unrelated to facilitating end-user payment transactions; and
- If You use Apple Pay APIs in Your Application, then You agree to use commercially reasonable
efforts to include Apple Cash as a payment option with Your use of the Apple Pay APIs in
accordance with the Documentation and provided that Apple Cash is available in the jurisdiction
in which the Application is distributed.
3.3.43 As part of facilitating an end-user payment transaction through the Apple Pay APIs, Apple
may provide You (whether You are acting as the Merchant, an Intermediary Party, or displaying
the Merchant web page that facilitates an Apple Pay end-user payment transaction) with an Apple
Pay Payload. If You receive an Apple Pay Payload, then You agree to the following:
- If You are acting as the Merchant, then You may use the Apple Pay Payload to process the
end-user payment transaction and for other uses that You disclose to the end-user, and only in
accordance with applicable law;
- If You are acting as an Intermediary Party, then:
(a) You may use the Apple Pay Payload only for purposes of facilitating the payment transaction
between the Merchant and the end-user and for Your own order management purposes (e.g.,
customer service) as part of such transaction;
(b) You agree that You will not hold the Apple Pay Payload data for any longer than necessary to
fulfill the payment transaction and order management purposes for which it was collected;
(c) You agree not to combine data obtained through the Apple Pay APIs, including but not limited
to, the Apple Pay Payload with any other data that You may have about such end-user (except to
the limited extent necessary for order management purposes). For clarity, an Intermediary Party
may not use data obtained through the Apple Pay APIs for advertising or marketing purposes, for
developing or enhancing a user profile, or to otherwise target end-users;
(d) You agree to disclose to end-users that You are an Intermediary Party to the transaction and
to provide the identity of the Merchant for a particular transaction on the Apple Pay Payment
Sheet (in addition to including Your name as an Intermediary Party); and
(e) If You use a Merchant, then You will be responsible for ensuring that the Merchant You select
uses the Apple Pay Payload provided by You only for purposes of processing the end-user
payment transaction and for other uses they have disclosed to the end-user, and only in
accordance with applicable law. You agree to have a binding written agreement with such
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Merchant with terms at least as restrictive and protective of Apple as those set forth herein. Any
actions undertaken by any such Merchant in relation to such Apple Pay Payload or the payment
transaction shall be deemed to have been taken by You, and You (in addition to such Merchant)
shall be responsible to Apple for all such actions (or any inactions). In the event of any actions or
inactions by such Merchant that would constitute a violation of this Agreement or otherwise cause
any harm, Apple reserves the right to require You to cease using such Merchant, and
- If You are displaying the Merchant web page that facilitates an Apple Pay end-user payment
transaction but are acting neither as an Intermediary Party nor a Merchant (i.e., You host a
Merchant checkout through WKWebView), then:
(a) You agree not to access the Apple Pay Payload for any reason whatsoever; and
(b) You agree not to use information that is derived from or relates to the Apple Pay payment
transaction for purposes other than displaying the Merchant web page.
SiriKit:
3.3.44 Your Application may register as a destination to use the Apple-defined SiriKit domains,
but only if Your Application is designed to provide relevant responses to a user, or otherwise
carry out the user’s request or intent, in connection with the applicable SiriKit domain (e.g., ride
sharing) that is supported by Your Application and this usage is clearly evident in Your marketing
text and user interface. In addition, Your Application may contribute actions to SiriKit, but only if
such actions are tied to user behavior or activity within Your Application and for which You can
provide a relevant response to the user. You agree not to submit false information through SiriKit
about any such user activity or behavior or otherwise interfere with the predictions provided by
SiriKit (e.g., SiriKit donations should be based on actual user behavior).
3.3.45 Your Application may use information obtained through SiriKit only on supported Apple
products and may not export, remotely access or transfer such information off a device except to
the extent necessary to provide or improve relevant responses to a user or carry out a user’s
request or in connection with Your Application. Notwithstanding anything to the contrary in
Section 3.3.9, You and Your Application may not use SiriKit, or any information obtained through
SiriKit, for any purpose other than providing relevant responses to a user or otherwise carrying
out a user’s request or intent in connection with an SiriKit domain, intent, or action supported by
Your Application and/or for improving Your Application’s responsiveness to user requests (e.g.,
not for serving advertising).
3.3.46 If Your Application uses SiriKit to enable audio data to be processed by Apple, You agree
to clearly disclose to end-users that You and Your Application will be sending their recorded
audio data to Apple for speech recognition, processing and/or transcription purposes, and that
such audio data may be used to improve and provide Apple products and services. You further
agree to use such audio data, and recognized text that may be returned from SiriKit, only as
expressly consented to by the end-user and as expressly permitted herein.
Single Sign-On API:
3.3.47 You must not access or use the Single Sign-On API unless You are a Multi-channel
Video Programming Distributor (MVPD) or unless Your Application is primarily designed to
provide authenticated video programming via a subscription-based MVPD service, and You have
received an entitlement from Apple to use the Single Sign-On API. If You have received such an
entitlement, You are permitted to use the Single Sign-On API solely for the purpose of
authenticating a user’s entitlement to access Your MVPD content for viewing on an Apple
Product, in accordance with the Single Sign-on Specification. Any such use must be in
compliance with the Documentation for the Single Sign-On Specification. You acknowledge that
Apple reserves the right to not provide You such an entitlement, and to revoke such entitlement,
at any time, in its sole discretion.
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If You use the Single Sign-On API, You will be responsible for providing the sign-in page
accessed by users via the Single Sign-On API where users sign in to authenticate their right to
access Your MVPD content. You agree that such sign-in page will not display advertising, and
that the content and appearance of such page will be subject to Apple’s prior review and
approval. If You use the Single Sign-On API and Apple provides an updated version of such API
and/or the Single Sign-on Specification, You agree to update Your implementation to conform
with the newer version and specification within 3 months after receiving the update from Apple.
You authorize Apple to use, reproduce, and display the trademarks provided by You for use in
connection with the Single-Sign-On feature, including use in the user interface screens in Apple
products where the user selects the provider and authenticates through Single Sign-on, and/or to
provide the user with a list of apps that are accessible to such user through Single Sign-On. You
also grant Apple the right to use screenshots and images of such user interface, including but not
limited to use in instructional materials, training materials, marketing materials, and advertising in
any medium. Data provided via the Single Sign-On API will be considered Licensed Application
Information hereunder, but will be subject to the use limitations set forth in this Section.
You must not collect, store or use data provided via the Single Sign-On API for any purpose other
than to authenticate a user’s entitlement to access Your MVPD content on an Apple product, to
provide the user access to Your MVPD content, and/or to address performance and technical
problems with Your MVPD service. You will not provide or disclose data, content or information
obtained from use of the Single Sign-On API to any other party except for authentication
information provided to a video programming provider whose programming is offered as part of
an MVPD subscription offered by You, and solely for the purpose of authenticating the user’s
entitlement to access such video programming on an Apple product under the user’s MVPD
subscription.
TV App API:
3.3.48 You may not use the TV App API unless (a) Your Application is primarily designed to
provide video programming, (b) You have received an entitlement from Apple, and (c) Your use is
in accordance with the TV App Specification. To the extent that You provide TV App Data to
Apple, Apple may store, use, reproduce and display such data solely for the purposes of: (a)
providing information and recommendations to users of TV App Features, (b) enabling users to
link from such recommendations and/or information to content for viewing via Your Licensed
Application, and/or (c) servicing, maintenance, and optimization of TV App Features. With
respect to any TV App Data that has been submitted by You prior to termination of this
Agreement, Apple may continue to use such data in accordance with this Section 3.3.48 after
termination of this Agreement. TV App Data will be considered Licensed Application Information
under this Agreement, but will be subject to the use limitations set forth in this Section. You
acknowledge that Apple reserves the right to not include Your Licensed Application in the TV App
Features, in its sole discretion.
Apple will obtain user consent based on the user’s Apple ID before including Your Licensed
Application in the TV App Features displayed under that Apple ID. Apple will also provide users
with the ability to withdraw such consent at any time thereafter and to delete their TV App Data
from Apple’s systems. In addition, You may solicit user consent based upon Your own subscriber
ID system. You are responsible for Your compliance with all applicable laws, including any
applicable local laws for obtaining user consent with respect to Your provision of TV App Data to
Apple.
Spotlight-Image-Search Service:
3.3.49 To the extent that You provide Apple’s spotlight-image-search service with access to any
of Your domains that are associated with Your Licensed Applications (the “Associated
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Domain(s)”), You hereby grant Apple permission to crawl, scrape, copy, transmit and/or cache
the content found in the Associated Domain(s) (the “Licensed Content”) for the purposes set forth
in this section. The Licensed Content shall be considered Licensed Application Information under
this Agreement. You hereby further grant Apple a license to use, make, have made, reproduce,
crop and/or modify the file format, resolution and appearance of the Licensed Content (for the
purposes of reducing file size, converting to a supported file type and/or displaying thumbnails),
and to publicly display, publicly perform, integrate, incorporate and distribute the Licensed
Content to enhance search, discovery, and end-user distribution of the Licensed Content in
Apple’s Messages feature. Upon the termination of this Agreement for any reason, end users of
Apple-branded products will be permitted to continue using and distributing all Licensed Content
that they obtained through the use of Apple-branded products prior to such termination.
MusicKit:
3.3.50 You agree not to call the MusicKit APIs or use MusicKit JS (or otherwise attempt to gain
information through the MusicKit APIs or MusicKit JS) for purposes unrelated to facilitating
access to Your end users’ Apple Music subscriptions. If You access the MusicKit APIs or
MusicKit JS, then You must follow the Apple Music Identity Guidelines. You agree not to require
payment for or indirectly monetize access to the Apple Music service (e.g. in-app purchase,
advertising, requesting user info) through Your use of the MusicKit APIs, MusicKit JS, or
otherwise in any way. In addition:
- If You choose to offer music playback through the MusicKit APIs or MusicKit JS, full songs must
be enabled for playback, and users must initiate playback and be able to navigate playback using
standard media controls such as “play,” “pause,” and “skip”, and You agree to not misrepresent
the functionality of these controls;
- You may not, and You may not permit Your end users to, download, upload, or modify any
MusicKit Content and MusicKit Content cannot be synchronized with any other content, unless
otherwise permitted by Apple in the Documentation;
- You may play MusicKit Content only as rendered by the MusicKit APIs or MusicKit JS and only
as permitted in the Documentation (e.g., album art and music-related text from the MusicKit API
may not be used separately from music playback or managing playlists);
- Metadata from users (such as playlists and favorites) may be used only to provide a service or
function that is clearly disclosed to end users and that is directly relevant to the use of Your
Application, website, or web application, as determined in Apple’s sole discretion; and
- You may use MusicKit JS only as a stand-alone library in Your Application, website, or web
application and only as permitted in the Documentation (e.g., You agree not to recombine
MusicKit JS with any other JavaScript code or separately download and re-host it).
DeviceCheck APIs:
3.3.51 If You use DeviceCheck APIs to store DeviceCheck Data, then You must provide a
mechanism for customers to contact You to reset those values, if applicable (e.g. resetting a trial
subscription or re-authorizing certain usage when a new user acquires the device). You may not
rely on the DeviceCheck Data as a single identifier of fraudulent conduct and must use the
DeviceCheck Data only in connection with other data or information, e.g., the DeviceCheck Data
cannot be the sole data point since a device may have been transferred or resold. Apple
reserves the right to delete any DeviceCheck Data at any time in its sole discretion, and You
agree not to rely on any such Data. Further, You agree not to share the DeviceCheck tokens You
receive from Apple with any third party, except a Service Provider acting on Your behalf.
Face Data:
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3.3.52 If Your Application accesses Face Data, then You must do so only to provide a service or
function that is directly relevant to the use of the Application, and You agree to inform users of
Your intended uses and disclosures of Face Data by Your Application and to obtain clear and
conspicuous consent from such users before any collection or use of Face Data. Notwithstanding
anything to the contrary in Section 3.3.9, neither You nor Your Application (nor any third party
with whom You have contracted to serve advertising) may use Face Data for serving advertising
or for any other unrelated purposes. In addition:
- You may not use Face Data in a manner that will violate the legal rights of Your users (or any
third parties) or to provide an unlawful, unfair, misleading, fraudulent, improper, exploitative, or
objectionable user experience and then only in accordance with the Documentation;
- You may not use Face Data for authentication, advertising, or marketing purposes, or to
otherwise target an end-user in a similar manner;
- You may not use Face Data to build a user profile, or otherwise attempt, facilitate, or encourage
third parties to identify anonymous users or reconstruct user profiles based on Face Data;
- You agree not to transfer, share, sell, or otherwise provide Face Data to advertising platforms,
analytics providers, data brokers, information resellers or other such parties; and
- Face Data may not be shared or transferred off the user’s device unless You have obtained
clear and conspicuous consent for the transfer and the Face Data is used only in fulfilling a
specific service or function for Your Application (e.g., a face mesh is used to display an image of
the user within the Application) and only in accordance with these terms and the Documentation.
You agree to require that Your service providers use Face Data only to the limited extent
consented to by the user and only in accordance with these terms.
ClassKit APIs, Roster API:
3.3.53 Your Application must not include the ClassKit APIs unless it is primarily designed to
provide educational services, and this usage is clearly evident in Your marketing text and user
interface. You agree not to submit false or inaccurate data through the ClassKit APIs or to
attempt to redefine the assigned data categories for data submitted through the ClassKit APIs
(e.g., student location data is not a supported data type and should not be submitted).
You may not share, sell, transfer or disclose Roster Data to any third parties (e.g., affiliates,
advertising platforms, data brokers, information resellers). You must process Roster Data for
educational purposes solely in accordance with the instructions of the school’s IT administrator.
You must comply with the school IT administrator’s choice to not renew or to revoke the school’s
consent to use the Roster Data. If the school IT administrator does not renew or revokes Your
access to a school’s Roster Data, You must destroy all of the school’s Roster Data in Your
possession within thirty (30) days. You are responsible for complying with all applicable legal
requirements associated with Your use of the Roster API.
Sign In with Apple, Sign In with Apple at Work & School:
3.3.54 You may use Sign In with Apple or Sign In with Apple at Work & School in Your
Corresponding Products only so long as Your use is comparable to including Sign In with Apple
or Sign in with Apple at Work & School, respectively, in Your Application. You may not share or
sell user data obtained through Sign In with Apple or Sign In with Apple at Work & School to
advertising platforms, data brokers, or information resellers.
If a Sign in with Apple user has chosen to anonymize their user data as part of Sign In with Apple,
You agree not to attempt to link such anonymized data with information that directly identifies the
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individual and that is obtained outside of Sign In with Apple without first obtaining user consent.
You must process the data You receive from Sign In with Apple at Work & School solely in
accordance with the instructions of the organization’s IT administrator.
ShazamKit:
3.3.55 All use of the ShazamKit APIs must be in accordance with the terms of this Agreement
(including the Apple Music Identity Guidelines and Program Requirements) and the
Documentation. If You choose to display ShazamKit Content corresponding to songs available on
Apple Music, then You must provide a link to the respective content within Apple Music in
accordance with the Apple Music Identity Guidelines. Except to the extent expressly permitted
herein, You agree not to copy, modify, translate, create a derivative work of, publish or publicly
display ShazamKit Content in any way. Further, You may not use or compare the data provided
by the ShazamKit APIs for the purpose of improving or creating another audio recognition
service. Applications that use the ShazamKit APIs may not be designed or marketed for
compliance purposes (e.g., music licensing and royalty auditing).
Xcode Cloud:
3.3.56 To the extent that You use the Xcode Cloud Service to manage Your Xcode Cloud
Content and build Your Applications, You hereby grant to Apple, its affiliates and agents, a non-
exclusive, worldwide, fully paid-up, royalty-free license to reproduce, host, process, display,
transmit, modify, create derivative works of, and otherwise use Your Xcode Cloud Content solely
in order for Apple to provide the Xcode Cloud Service. Apple will use Your Xcode Cloud Content
that is source code solely in order to provide the Xcode Cloud Service to You. You acknowledge
and agree that: (a) You are solely responsible for such Xcode Cloud Content, in which Apple has
no ownership rights, (b) if You choose to use a third party service (e.g., source code hosting,
artifact storage, messaging, or testing services) with the Xcode Cloud Service, You are
responsible for Your compliance with the terms and conditions governing such third party service,
(c) the provision of user generated content (e.g., builds) by the Xcode Cloud Service shall not be
considered a distribution for contractual or licensing obligations, (d) any execution of Your Xcode
Cloud Content within Xcode Cloud shall be limited to testing of Your Xcode Cloud Content, (e)
You shall not mine cryptocurrencies using Xcode Cloud, and (f) Your Xcode Cloud Content
complies with the requirements set forth for Applications in 3.3.21 and 3.3.22.
3.3.57 While in no way limiting Apple’s other rights under this Agreement, Apple reserves the
right to take action if in its sole discretion, Apple determines or has reason to believe You have
violated a term of this Agreement. These actions may include limiting, suspending, or revoking
your access to the Xcode Cloud Service, or terminating your build.
Tap to Pay APIs:
3.3.58 Your Application may use the Tap to Pay APIs solely for the purpose of enabling
Merchants to conduct transactions through Your Application, and Your Application must not
access the Tap to Pay APIs unless You have received an entitlement from Apple for such access.
In addition:
- You acknowledge and agree that Apple is not a party to any transactions facilitated through the
use of the Tap to Pay APIs and is not responsible for any such transactions, including but not
limited to the unavailability of any payment cards or payment fraud. Such transactions are
between You, the Merchant, and Your Payment Service Provider, acquirer, card networks, or
other parties You utilize for transaction processing, and You are responsible for complying with
any agreements You have with such third parties. In some cases, such agreements may contain
terms specifying specific rights, obligations or limitations that You accept and assume in
connection with Your decision to utilize the functionality of the Tap to Pay APIs;
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- You agree to store any private keys and TTP Data provided to You as part of Your use of the
Tap to Pay APIs in a secure manner (e.g., encrypted on a server) and in accordance with the
Documentation. For clarity, You may not decrypt any encrypted TTP Data unless You are
processing the TTP Data as a Payment Service Provider;
- You agree to not call the TTP APIs or otherwise attempt to gain information through the TTP
APIs for purposes unrelated to enabling Merchants to conduct transactions through the use of
Your Application;
- You agree that Apple has no responsibility to check that the transactions facilitated by the Tap
to Pay APIs have been duly authorized. Apple shall not be liable in any event for any
unauthorized or fraudulent transactions;
- You agree to use commercially reasonable efforts to include Apple Pay as a payment option
with Your use of the Tap to Pay APIs in accordance with the Documentation and provided that
Apple Pay is available in the jurisdiction in which Your Application is distributed.
3.3.59 Apple may provide You (whether You are acting as the Merchant or as an Intermediary
Party) with TTP Data. If you receive TTP Data, You agree to the following:
- If You are acting as the Merchant, then You may use the TTP Data solely to process the
transaction and for order management purposes, in each case, in accordance with applicable
law;
- If You are acting as an Intermediary Party, then: (a) You may use the TTP Data solely for the
purpose of facilitating the transaction between the Merchant and the Merchant customer and for
order management purposes; (b) You must restrict the transfer or disclosure of the TTP Data to
only those parties required to facilitate the transaction; (c) You may not hold the TTP Data for any
longer than necessary to fulfill the transaction or for order management purposes; and (d) You
may not combine data obtained through the Tap to Pay APIs, including but not limited to, the TTP
Data with any other data that You may have about the Merchant or Merchant customer involved
in the transaction (except to the limited extent necessary to facilitate the transaction and for order
management purposes). For clarity, an Intermediary Party may not use data obtained through
the Tap to Pay APIs for advertising or marketing purposes, for developing or enhancing a
Merchant customer profile, or to otherwise target Merchant customers;
- If You are not acting as a Payment Service Provider, then You must: (i) have an agreement
with a Payment Service Provider and (ii) ensure that such Payment Service Provider uses the
TTP Data obtained by You only for purposes of processing the transaction, which may include the
application of fraud detection services, and for order management purposes, in each case, in
accordance with applicable law. For clarity, such Payment Service Provider is Your Third-Party
Service Provider. Whether You are a Merchant or an Intermediary Party, any actions undertaken
by Your Payment Service Provider in relation to the TTP Data transferred by You to Your
Payment Service Provider shall be deemed to have been taken by You, and You (in addition to
Your Payment Service Provider) shall be responsible to Apple and to the Merchant’s customer for
all such actions (or any inactions);
- If You are an Intermediary Party, then Your Application must confirm that each Merchant using
Your Application has accepted and agreed to the Tap to Pay Platform Terms and Conditions prior
to enabling such Merchant to conduct any transactions using Your Application in accordance with
the Documentation. If You are a Merchant, You must accept and agree to the Tap to Pay
Platform Terms and Conditions prior to conducting any transactions in Your Application.
Apple reserves the right to not provide You with an entitlement to use the Tap to Pay APIs in its
sole discretion and to revoke such entitlement at any time.
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BackgroundAssets Framework:
3.3.60 You may use the BackgroundAssets Framework only to download additional assets for
Your Application distributed through the App Store or for beta testing through TestFlight; no other
use is permitted. You may not use the BackgroundAssets Framework to collect or transmit data in
order to identify a user or device, or to perform advertising or advertising measurement. Your use
of the BackgroundAssets Framework and the assets downloaded must comply with the terms of
this Agreement, including without limitation the App Store Review Guidelines.
WeatherKit APIs:
3.3.61 All use of the WeatherKit APIs must be in accordance with the terms of this Agreement
(including the Program Requirements) and Attachment 8 (Additional Terms for use of the
WeatherKit APIs).
4. Changes to Program Requirements or Terms

Apple may change the Program Requirements or the terms of this Agreement at any time. New
or modified Program Requirements will not retroactively apply to Applications already in
distribution via the App Store or Custom App Distribution; provided however that You agree that
Apple reserves the right to remove Applications from the App Store or Custom App Distribution
that are not in compliance with the new or modified Program Requirements at any time. In order
to continue using the Apple Software, Apple Certificates or any Services, You must accept and
agree to the new Program Requirements and/or new terms of this Agreement. If You do not
agree to new Program Requirements or new terms, Your use of the Apple Software, Apple
Certificates and any Services will be suspended or terminated by Apple. You agree that Your
acceptance of such new Agreement terms or Program Requirements may be signified
electronically, including without limitation, by Your checking a box or clicking on an “agree” or
similar button. Nothing in this Section shall affect Apple's rights under Section 5 (Apple
Certificates; Revocation).
5. Apple Certificates; Revocation

5.1 Certificate Requirements
All Applications must be signed with an Apple Certificate in order to be installed on Authorized
Test Units, Registered Devices, or submitted to Apple for distribution via the App Store, Custom
App Distribution, or TestFlight. Similarly, all Passes must be signed with an Apple Certificate to
be recognized and accepted by Wallet. Safari Extensions must be signed with an Apple
Certificate to run in Safari on macOS. You must use a Website ID to send Safari Push
Notifications to the macOS desktop of users who have opted in to receive such Notifications for
Your Site through Safari on macOS. You may also obtain other Apple Certificates and keys for
other purposes as set forth herein and in the Documentation.
In relation to this, You represent and warrant to Apple that:

(a) You will not take any action to interfere with the normal operation of any Apple Certificates,
keys, or Provisioning Profiles;
(b) You are solely responsible for preventing any unauthorized person or organization from
having access to Your Apple Certificates and keys, and You will use Your best efforts to
safeguard Your Apple Certificates and keys from compromise (e.g., You will not upload Your
Apple Certificate for App Store distribution to a cloud repository for use by a third-party);
(c) You agree to immediately notify Apple in writing if You have any reason to believe there has
been a compromise of any of Your Apple Certificates or keys;
(d) You will not provide or transfer Apple Certificates or keys provided under this Program to any
third party (except for a Service Provider who is using them on Your behalf in compliance with
this Agreement and only to the limited extent expressly permitted by Apple in the Documentation
or this Agreement (e.g., You are prohibited from providing or transferring Your Apple Certificates
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that are used for distribution or submission to the App Store to a Service Provider), and You will
not use Your Apple Certificates to sign any third party's application, pass, extension, notification,
implementation, or site;
(e) You will use any Apple Certificates or keys provided under this Agreement solely as permitted
by Apple and in accordance with the Documentation; and
(f) You will use Apple Certificates provided under this Program exclusively for the purpose of
signing Your Passes, signing Your Safari Extensions, signing Your Site’s registration bundle,
accessing the APN service, and/or signing Your Applications for testing, submission to Apple
and/or for limited distribution for use on Registered Devices or Authorized Test Units as
contemplated under this Program, or as otherwise permitted by Apple, and only in accordance
with this Agreement. As a limited exception to the foregoing, You may provide versions of Your
Applications to Your Service Providers to sign with their Apple-issued development certificates,
but solely for purposes of having them perform testing on Your behalf of Your Applications on
Apple-branded products running iOS, watchOS, iPadOS, and/or tvOS and provided that all such
testing is conducted internally by Your Service Providers (e.g., no outside distribution of Your
Applications) and that Your Applications are deleted within a reasonable period of time after such
testing is performed. Further, You agree that Your Service Provider may use the data obtained
from performing such testing services only for purposes of providing You with information about
the performance of Your Applications (e.g., Your Service Provider is prohibited from aggregating
Your Applications’ test results with other developers’ test results).
You further represent and warrant to Apple that the licensing terms governing Your Application,
Your Safari Extension, Your Site’s registration bundle, and/or Your Pass, or governing any third
party code or FOSS included in Your Covered Products, will be consistent with and not conflict
with the digital signing or content protection aspects of the Program or any of the terms,
conditions or requirements of the Program or this Agreement. In particular, such licensing terms
will not purport to require Apple (or its agents) to disclose or make available any of the keys,
authorization codes, methods, procedures, data or other information related to the Security
Solution, digital signing or digital rights management mechanisms or security utilized as part of
any Apple software, including the App Store. If You discover any such inconsistency or conflict,
You agree to immediately notify Apple of it and will cooperate with Apple to resolve such matter.
You acknowledge and agree that Apple may immediately cease distribution of any affected
Licensed Applications or Passes, and may refuse to accept any subsequent Application or Pass
submissions from You until such matter is resolved to Apple’s reasonable satisfaction.
5.2 Relying Party Certificates

The Apple Software and Services may also contain functionality that permits digital certificates,
either Apple Certificates or other third-party certificates, to be accepted by the Apple Software or
Services (e.g., Apple Pay) and/or to be used to provide information to You (e.g., transaction
receipts, App Attest receipts). It is Your responsibility to verify the validity of any certifications or
receipts You may receive from Apple prior to relying on them (e.g., You should verify that the
receipt came from Apple prior to any delivery of content to an end-user through the use of the In-
App Purchase API). You are solely responsible for Your decision to rely on any such certificates
and receipts, and Apple will not be liable for Your failure to verify that any such certificates or
receipts came from Apple (or third parties) or for Your reliance on Apple Certificates or other
digital certificates.
5.3 Notarized Applications for macOS

To have Your macOS Application notarized, You may request a digital file for authentication of
Your Application from Apple’s digital notary service (a “Ticket”). You can use this Ticket with
Your Apple Certificate to receive an improved developer signing and user experience for Your
Application on macOS. To request this Ticket from Apple’s digital notary service, You must
upload Your Application to Apple through Apple’s developer tools (or other requested
mechanisms) for purposes of continuous security checking. This continuous security checking
will involve automated scanning, testing, and analysis of Your Application by Apple for malware or
other harmful or suspicious code or components or security flaws, and, in limited cases, a
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manual, technical investigation of Your Application by Apple for such purposes. By uploading
Your Application to Apple for this digital notary service, You agree that Apple may perform such
security checks on Your Application for purposes of detecting malware or other harmful or
suspicious code or components, and You agree that Apple may retain and use Your Application
for subsequent security checks for the same purposes.
If Apple authenticates Your developer signature and Your Application passes the initial security
checks, Apple may provide You with a Ticket to use with Your Apple Certificate. Apple reserves
the right to issue Tickets in its sole discretion, and Apple may revoke Tickets at any time in its
sole discretion in the event that Apple has reason to believe, or has reasonable suspicions, that
Your Application contains malware or malicious, suspicious or harmful code or components or
that Your developer identity signature has been compromised. You may request that Apple
revoke Your Ticket at any time by emailing: [email protected]. If Apple revokes Your
Ticket or Your Apple Certificate, then Your Application may no longer run on macOS.
You agree to cooperate with Apple regarding Your Ticket requests and to not hide, attempt to
bypass, or misrepresent any part of Your Application from Apple's security checks or otherwise
hinder Apple from being able to perform such security checks. You agree not to represent that
Apple has performed a security check or malware detection for Your Application or that Apple has
reviewed or approved Your Application for purposes of issuing a Ticket to You from Apple’s digital
notary service. You acknowledge and agree that Apple is performing security checks solely in
connection with Apple’s digital notary service and that such security checks should not be relied
upon for malware detection or security verification of any kind. You are fully responsible for Your
own Application and for ensuring that Your Application is safe, secure, and operational for Your
end-users (e.g., informing Your end-users that Your Application may cease to run if there is an
issue with malware). You agree to comply with export requirements in Your jurisdiction when
uploading Your Application to Apple, and You agree not to upload any Application that is: (a)
subject to the United States Export Administration Regulations, 15 C.F.R. Parts 730-774 or to the
International Traffic in Arms Regulations, 22 C.F.R. Parts 120-130; or (b) that cannot be exported
without prior written government authorization, including, but not limited to, certain types of
encryption software and source code, without first obtaining that authorization. Apple will not be
liable to You or any third-party for any inability or failure to detect any malware or other
suspicious, harmful code or components in Your Application or other security issues, or for any
ticket issuance or revocation. Apple shall not be responsible for any costs, expenses, damages,
losses or other liabilities You may incur as a result of Your Application development, use of the
Apple Software, Apple Services (including this digital notary service), or Apple Certificates,
tickets, or participation in the Program, including without limitation the fact that Apple performs
security checks on Your Application.
5.4 Certificate Revocation

Except as otherwise set forth herein, You may revoke Apple Certificates issued to You at any
time. If You want to revoke the Apple Certificates used to sign Your Passes and/or issued to You
for use with Your macOS Applications distributed outside of the App Store, You may request that
Apple revoke these Apple Certificates at any time by emailing: [email protected].
Apple also reserves the right to revoke any Apple Certificates at any time, in its sole discretion.
By way of example only, Apple may choose to do this if: (a) any of Your Apple Certificates or
corresponding private keys have been compromised or Apple has reason to believe that either
have been compromised; (b) Apple has reason to believe or has reasonable suspicions that Your
Covered Products contain malware or malicious, suspicious or harmful code or components (e.g.,
a software virus); (c) Apple has reason to believe that Your Covered Products adversely affect
the security of Apple-branded products, or any other software, firmware, hardware, data,
systems, or networks accessed or used by such products; (d) Apple’s certificate issuance
process is compromised or Apple has reason to believe that such process has been
compromised; (e) You breach any term or condition of this Agreement; (f) Apple ceases to issue
the Apple Certificates for the Covered Product under the Program; (g) Your Covered Product
misuses or overburdens any Services provided hereunder; or (h) Apple has reason to believe that
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such action is prudent or necessary. Further, You understand and agree that Apple may notify
end-users of Covered Products that are signed with Apple Certificates when Apple believes such
action is necessary to protect the privacy, safety or security of end-users, or is otherwise prudent
or necessary as determined in Apple’s reasonable judgment. Apple’s Certificate Policy and
Certificate Practice Statements may be found at: http://www.apple.com/certificateauthority.
6. Application Submission and Selection

6.1 Submission to Apple for App Store or Custom App Distribution
You may submit Your Application for consideration by Apple for distribution via the App Store or
Custom App Distribution once You decide that Your Application has been adequately tested and
is complete. By submitting Your Application, You represent and warrant that Your Application
complies with the Documentation and Program Requirements then in effect as well as with any
additional guidelines that Apple may post on the Program web portal or in App Store Connect.
You further agree that You will not attempt to hide, misrepresent or obscure any features,
content, services or functionality in Your submitted Applications from Apple's review or otherwise
hinder Apple from being able to fully review such Applications. In addition, You agree to inform
Apple in writing through App Store Connect if Your Application connects to a physical device,
including but not limited to an MFi Accessory, and, if so, to disclose the means of such
connection (whether iAP, Bluetooth Low Energy (BLE), the headphone jack, or any other
communication protocol or standard) and identify at least one physical device with which Your
Application is designed to communicate. If requested by Apple, You agree to provide access to
or samples of any such devices at Your expense (samples will not be returned). You agree to
cooperate with Apple in this submission process and to answer questions and provide information
and materials reasonably requested by Apple regarding Your submitted Application, including
insurance information You may have relating to Your Application, the operation of Your business,
or Your obligations under this Agreement. Apple may require You to carry certain levels of
insurance for certain types of Applications and name Apple as an additional insured. If You make
any changes to an Application (including to any functionality made available through use of the
In-App Purchase API) after submission to Apple, You must resubmit the Application to Apple.
Similarly all bug fixes, updates, upgrades, modifications, enhancements, supplements to,
revisions, new releases and new versions of Your Application must be submitted to Apple for
review in order for them to be considered for distribution via the App Store or Custom App
Distribution, except as otherwise permitted by Apple.
6.2 App Thinning and Bundled Resources

As part of Your Application submission to the App Store or Custom App Distribution, Apple may
optimize Your Application to target specific devices by repackaging certain functionality and
delivered resources (as described in the Documentation) in Your Application so that it will run
more efficiently and use less space on target devices (“App Thinning”). For example, Apple may
deliver only the 32-bit or 64-bit version of Your Application to a target device, and Apple may not
deliver icons or launch screens that would not render on the display of a target device. You
agree that Apple may use App Thinning to repackage Your Application in order to deliver a more
optimized version of Your Application to target devices.
As part of App Thinning, You can also request that Apple deliver specific resources for Your
Application (e.g., GPU resources) to target devices by identifying such bundled resources as part
of Your code submission (“Bundled Resources”). You can define such Bundled Resources to
vary the timing or delivery of assets to a target device (e.g., when a user reaches a certain level
of a game, then the content is delivered on-demand to the target device). App Thinning and
Bundled Resources are not available for all Apple operating systems, and Apple may continue to
deliver full Application binaries to some target devices.
6.3 iOS and iPadOS apps on Mac

If You compile Your Application for iOS or iPadOS (collectively “iOS” for purposes of this Section
6.3) and submit such Application for distribution on the App Store, You agree that Apple will make
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Your Application available on both iOS and macOS via the App Store, unless You choose to opt
out of making Your Application available on macOS by following the opt out process in App Store
Connect. You agree that the foregoing applies to an Application for iOS submitted by You and
currently available on the App Store and to any future Application compiled for iOS and submitted
by You to the App Store. Notwithstanding the foregoing, such availability on the App Store will
apply only if such Application has been selected by Apple for distribution on the App Store
pursuant to Section 7 and only if such Application can function appropriately on, and be
compatible with, macOS, as determined in Apple’s sole discretion. You are responsible for
obtaining and determining if You have appropriate rights for Your Application to operate on
macOS. If You do not have such rights, You agree to opt out of making such Application
available on macOS. You are responsible for testing such Application on macOS.
6.4 Bitcode Submissions

For Application submissions to the App Store or Custom App Distribution for some Apple
operating systems (e.g., for watchOS), Apple may require You to submit an intermediate
representation of Your Application in binary file format for the LLVM compiler (“Bitcode”). You
may also submit Bitcode for other supported Apple operating systems. Such Bitcode submission
will allow Apple to compile Your Bitcode to target specific Apple-branded devices and to
recompile Your Bitcode for subsequent releases of Your Application for new Apple hardware,
software, and/or compiler changes. When submitting Bitcode, You may choose whether or not to
include symbols for Your Application in the Bitcode; however, if You do not include symbols, then
Apple will not be able to provide You with symbolicated crash logs or other diagnostic information
as set forth in Section 6.6 (Improving Your Application) below. Further, You may be required
to submit a compiled binary of Your Application with Your Bitcode.
By submitting Bitcode to Apple, You authorize Apple to compile Your Bitcode into a resulting
binary that will be targeted for specific Apple-branded devices and to recompile Your Bitcode for
subsequent rebuilding and recompiling of Your Application for updated hardware, software,
and/or compiler changes (e.g., if Apple releases a new device, then Apple may use Your Bitcode
to update Your Application without requiring resubmission). You agree that Apple may compile
such Bitcode for its own internal use in testing and improving Apple’s developer tools, and for
purposes of analyzing and improving how applications can be optimized to run on Apple’s
operating systems (e.g., which frameworks are used most frequently, how a certain framework
consumes memory, etc.). You may use Apple’s developer tools to view and test how Apple may
process Your Bitcode into machine code binary form. Bitcode is not available for all Apple
operating systems.
6.5 TestFlight Submission

If You would like to distribute Your Application to Beta Testers outside of Your company or
organization through TestFlight, You must first submit Your Application to Apple for review. By
submitting such Application, You represent and warrant that Your Application complies with the
Documentation and Program Requirements then in effect as well as with any additional
guidelines that Apple may post on the Program web portal or in App Store Connect. Thereafter,
Apple may permit You to distribute updates to such Application directly to Your Beta Testers
without Apple’s review, unless such an update includes significant changes, in which case You
agree to inform Apple in App Store Connect and have such Application re-reviewed. Apple
reserves the right to require You to cease distribution of Your Application through TestFlight,
and/or to any particular Beta Tester, at any time in its sole discretion.
6.6 Improving Your Application

Further, if Your Application is submitted for distribution via the App Store, Custom App
Distribution or TestFlight, You agree that Apple may use Your Application for the limited purpose
of compatibility testing of Your Application with Apple products and services, for finding and fixing
bugs and issues in Apple products and services and/or Your Applications, for internal use in
evaluating iOS, watchOS, tvOS, iPadOS, and/or macOS performance issues in or with Your
Application, for security testing, and for purposes of providing other information to You (e.g.,
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crash logs). Except as otherwise set forth herein, You may opt in to send app symbol information
for Your Application to Apple, and if You do so, then You agree that Apple may use such symbols
to symbolicate Your Application for purposes of providing You with symbolicated crash logs and
other diagnostic information, compatibility testing of Your Application with Apple products and
services, and for finding and fixing bugs and issues in Apple products and services and/or Your
Application. In the event that Apple provides You with crash logs or other diagnostic information
for Your Application, You agree to use such crash logs and information only for purposes of fixing
bugs and improving the performance of Your Application and related products. You may also
collect numeric strings and variables from Your Application when it crashes, so long as You
collect such information only in an anonymous, non-personal manner and do not recombine,
correlate, or use such information to attempt to identify or derive information about any particular
end-user or device.
6.7 App Analytics

To the extent that Apple provides an Analytics service through App Store Connect for
Applications distributed through the App Store, You agree to use any data provided through such
App Analytics service solely for purposes of improving Your Applications and related products.
Further, You agree not to provide such information to any third parties, except for a Service
Provider who is assisting You in processing and analyzing such data on Your behalf and who is
not permitted to use it for any other purpose or disclose it to any other party. For clarity, You
must not aggregate (or permit any third-party to aggregate) analytics information provided to You
by Apple for Your Applications as part of this App Analytics service with other developers’
analytics information, or contribute such information to a repository for cross-developer analytics.
You must not use the App Analytics service or any analytics data to attempt to identify or derive
information about any particular end-user or device.
6.8 Compatibility Requirement with Current Shipping OS Version

Applications that are selected for distribution via the App Store must be compatible with the
currently shipping version of Apple’s applicable operating system (OS) software at the time of
submission to Apple, and such Applications must stay current and maintain compatibility with
each new release of the applicable OS version so long as such Applications are distributed
through the App Store. You understand and agree that Apple may remove Applications from the
App Store when they are not compatible with the then-current shipping release of the OS at any
time in its sole discretion.
6.9 Selection by Apple for Distribution

You understand and agree that if You submit Your Application to Apple for distribution via the App
Store, Custom App Distribution, or TestFlight, Apple may, in its sole discretion:
(a) determine that Your Application does not meet all or any part of the Documentation or
Program Requirements then in effect;
(b) reject Your Application for distribution for any reason, even if Your Application meets the
Documentation and Program Requirements; or
(c) select and digitally sign Your Application for distribution via the App Store, Custom App
Distribution, or TestFlight.
Apple shall not be responsible for any costs, expenses, damages, losses (including without
limitation lost business opportunities or lost profits) or other liabilities You may incur as a result of
Your Application development, use of the Apple Software, Apple Services, or Apple Certificates
or participation in the Program, including without limitation the fact that Your Application may not
be selected for distribution via the App Store or Custom App Distribution. You will be solely
responsible for developing Applications that are safe, free of defects in design and operation, and
comply with applicable laws and regulations. You will also be solely responsible for any
documentation and end-user customer support and warranty for such Applications. The fact that
Apple may have reviewed, tested, approved or selected an Application will not relieve You of any
of these responsibilities.
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7. Distribution of Applications and Libraries

Applications:
Applications developed under this Agreement for iOS, watchOS, iPadOS, or tvOS may be
distributed in four ways: (1) through the App Store, if selected by Apple, (2) through the Custom
App Distribution, if selected by Apple, (3) through Ad Hoc distribution in accordance with Section
7.3, and (4) for beta testing through TestFlight in accordance with Section 7.4. Applications for
macOS may be distributed: (a) through the App Store, if selected by Apple, (b) separately
distributed under this Agreement, and (c) for beta testing through TestFlight in accordance with
Section 7.4.
7.1 Delivery of Free Licensed Applications via the App Store or Custom App
Distribution
If Your Application qualifies as a Licensed Application, it is eligible for delivery to end-users via
the App Store or Custom App Distribution by Apple and/or an Apple Subsidiary. If You would like
Apple and/or an Apple Subsidiary to deliver Your Licensed Application or authorize additional
content, functionality or services You make available in Your Licensed Application through the
use of the In-App Purchase API to end-users for free (no charge) via the App Store or Custom
App Distribution, then You appoint Apple and Apple Subsidiaries as Your legal agent and/or
commissionaire pursuant to the terms of Schedule 1 for Licensed Applications designated by You
as free-of-charge applications.
7.2 Schedule 2 and Schedule 3 for Fee-Based Licensed Applications; Receipts

If Your Application qualifies as a Licensed Application and You intend to charge end-users a fee
of any kind for Your Licensed Application or within Your Licensed Application through the use of
the In-App Purchase API, You must enter into a separate agreement (Schedule 2) with Apple
and/or an Apple Subsidiary before any such commercial distribution of Your Licensed Application
may take place via the App Store or before any such commercial delivery of additional content,
functionality or services for which You charge end-users a fee may be authorized through the use
of the In-App Purchase API in Your Licensed Application. If You would like Apple to sign and
distribute Your Application for a fee through Custom App Distribution, then You must enter into a
separate agreement (Schedule 3) with Apple and/or an Apple Subsidiary before any such
distribution may take place. To the extent that You enter (or have previously entered) into
Schedule 2 or Schedule 3 with Apple and/or an Apple Subsidiary, the terms of Schedule 2 or 3
will be deemed incorporated into this Agreement by this reference.
When an end-user installs Your Licensed Application, Apple will provide You with a transaction
receipt signed with an Apple Certificate. It is Your responsibility to verify that such certificate and
receipt were issued by Apple, as set forth in the Documentation. You are solely responsible for
Your decision to rely on any such certificates and receipts. YOUR USE OF OR RELIANCE ON
SUCH CERTIFICATES AND RECEIPTS IN CONNECTION WITH A PURCHASE OF A
LICENSED APPLICATION IS AT YOUR SOLE RISK. APPLE MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE, ACCURACY, RELIABILITY, SECURITY, OR NON-
INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO SUCH APPLE
CERTIFICATES AND RECEIPTS. You agree that You will only use such receipts and certificates
in accordance with the Documentation, and that You will not interfere or tamper with the normal
operation of such digital certificates or receipts, including but not limited to any falsification or
other misuse.
7.3 Distribution on Registered Devices (Ad Hoc Distribution)

Subject to the terms and conditions of this Agreement, You may also distribute Your Applications
for iOS, watchOS, iPadOS, and tvOS to individuals within Your company, organization,
educational institution, group, or who are otherwise affiliated with You for use on a limited number
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of Registered Devices (as specified in the Program web portal), if Your Application has been
digitally signed using Your Apple Certificate as described in this Agreement. By distributing Your
Application in this manner on Registered Devices, You represent and warrant to Apple that Your
Application complies with the Documentation and Program Requirements then in effect and You
agree to cooperate with Apple and to answer questions and provide information about Your
Application, as reasonably requested by Apple. You also agree to be solely responsible for
determining which individuals within Your company, organization, educational institution or
affiliated group should have access to and use of Your Applications and Registered Devices, and
for managing such Registered Devices. Apple shall not be responsible for any costs, expenses,
damages, losses (including without limitation lost business opportunities or lost profits) or other
liabilities You may incur as a result of distributing Your Applications in this manner, or for Your
failure to adequately manage, limit or otherwise control the access to and use of Your
Applications and Registered Devices. You will be responsible for attaching or otherwise
including, at Your discretion, any relevant usage terms with Your Applications. Apple will not be
responsible for any violations of Your usage terms. You will be solely responsible for all user
assistance, warranty and support of Your Applications.
7.4 TestFlight Distribution

A. Internal Distribution to Authorized Developers and App Store Connect users
You may use TestFlight for internal distribution of pre-release versions of Your Applications to a
limited number (as specified on the TestFlight developer website) of Your Authorized Developers
or Your App Store Connect users who are members of Your company or organization, but solely
for their internal use in testing, evaluating and/or developing Your Applications. Apple reserves
the right to require You to cease distribution of such Applications to Your Authorized Developers
or Your App Store Connect users through TestFlight, or to any particular Authorized Developer or
App Store Connect user, at any time in its sole discretion.
B. External Distribution to Beta Testers

You may also use TestFlight for external distribution of pre-release versions of Your Applications
to a limited number of Beta Testers (as specified on the TestFlight developer website), but solely
for their testing and evaluation of such pre-release versions of Your Applications and only if Your
Application has been approved for such distribution by Apple as set forth in Section 6.5
(TestFlight Submission). You may not charge Your Beta Testers fees of any kind to participate
in Apple’s TestFlight or for the use of any such pre-release versions. You may not use TestFlight
for purposes that are not related to improving the quality, performance, or usability of pre-release
versions of Your Application (e.g., continuous distribution of demo versions of Your Application in
an attempt to circumvent the App Store or providing trial versions of Your Applications for
purposes of soliciting favorable App Store ratings are prohibited uses). Further, if Your
Application is primarily intended for children, You must verify that Your Beta Testers are of the
age of majority in their jurisdiction. If You choose to add Beta Testers to TestFlight, then You are
assuming responsibility for any invitations sent to such end-users and for obtaining their consent
to contact them. Apple will use the email addresses that You provide through TestFlight only for
purposes of sending invitations to such end-users via TestFlight. By uploading email addresses
for the purposes of sending invites to Beta Testers, You warrant that You have an appropriate
legal basis for using such emails addresses for the purposes of sending invites. If a Beta Tester
requests that You stop contacting them (either through TestFlight or otherwise), then You agree
to promptly do so.
C. Use of TestFlight Information

To the extent that TestFlight provides You with beta analytics information about Your end-user’s
use of pre-release versions of Your Application (e.g., installation time, frequency of an individual’s
use of an App, etc.) and/or other related information (e.g. tester suggestions, feedback,
screenshots), You agree to use such data solely for purposes of improving Your Applications and
related products. You agree not to provide such information to any third parties, except for a
Service Provider who is assisting You in processing and analyzing such data on Your behalf and
who is not permitted to use it for any other purpose or disclose it to any other party (and then only
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to the limited extent not prohibited by Apple). For clarity, You must not aggregate (or permit any
third-party to aggregate) beta analytics information provided to You by Apple for Your
Applications as part of TestFlight with other developers’ beta analytics information, or contribute
such information to a repository for cross-developer beta analytics information. Further, You
must not use any beta analytics information provided through TestFlight for purposes of de-
anonymizing information obtained from or regarding a particular device or end-user outside of
TestFlight (e.g., You may not attempt to connect data gathered through TestFlight for a particular
end-user with information that is provided in an anonymized form through Apple’s analytics
service).
Libraries:
7.5 Distribution of Libraries

You can develop Libraries using the Apple Software. Notwithstanding anything to the contrary in
the Xcode and Apple SDKs Agreement or the Swift Playgrounds Agreement, under this
Agreement You may develop Libraries for iOS, watchOS, iPadOS, and/or tvOS using the
applicable Apple SDKs that are provided as part of the Xcode and Apple SDKs license or Swift
Playgrounds license, provided that any such Libraries are developed and distributed solely for
use with an iOS Product, Apple Watch, or Apple TV and that You limit use of such Libraries only
to use with such products. If Apple determines that Your Library is not designed for use with an
iOS Product, Apple Watch, or Apple TV, then Apple may require You to cease distribution of Your
Library at any time, and You agree to promptly cease all distribution of such Library upon notice
from Apple and cooperate with Apple to remove any remaining copies of such Library. For clarity,
the foregoing limitation is not intended to prohibit the development of libraries for macOS.
7.6 No Other Distribution Authorized Under this Agreement

Except for the distribution of freely available Licensed Applications through the App Store or
Custom App Distribution in accordance with Sections 7.1 and 7.2, the distribution of Applications
for use on Registered Devices as set forth in Section 7.2 (Ad Hoc Distribution), the distribution of
Applications for beta testing through TestFlight as set forth in Section 7.4, the distribution of
Libraries in accordance with Section 7.5, the distribution of Passes in accordance with
Attachment 5, the delivery of Safari Push Notifications on macOS, the distribution of Safari
Extensions on macOS, the distribution of Applications and libraries developed for macOS, and/or
as otherwise permitted herein, no other distribution of programs or applications developed using
the Apple Software is authorized or permitted hereunder. In the absence of a separate
agreement with Apple, You agree not to distribute Your Application for iOS Products, Apple
Watch, or Apple TV to third parties via other distribution methods or to enable or permit others to
do so. You agree to distribute Your Covered Products only in accordance with the terms of this
Agreement.
8. Program Fees
As consideration for the rights and licenses granted to You under this Agreement and Your
participation in the Program, You agree to pay Apple the annual Program fee set forth on the
Program website, unless You have received a valid fee waiver from Apple. Such fee is non-
refundable, and any taxes that may be levied on the Apple Software, Apple Services or Your use
of the Program shall be Your responsibility. Your Program fees must be paid up and not in
arrears at the time You submit (or resubmit) Applications to Apple under this Agreement, and
Your continued use of the Program web portal and Services is subject to Your payment of such
fees, where applicable. If You opt-in to have Your annual Program fees paid on an auto-
renewing basis, then You agree that Apple may charge the credit card that You have on file with
Apple for such fees, subject to the terms You agree to on the Program web portal when You
choose to enroll in an auto-renewing membership.
If You pay for Your Program fees through the Apple Developer app, the terms of Attachment 9
(Additional Terms for Subscriptions Purchased Through the Apple Developer App) also apply.
Program Agreement
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9. Confidentiality
9.1 Information Deemed Apple Confidential
You agree that all pre-release versions of the Apple Software and Apple Services (including pre-
release Documentation), pre-release versions of Apple hardware, the FPS Deployment Package,
and any terms and conditions contained herein that disclose pre-release features will be deemed
“Apple Confidential Information”; provided however that upon the commercial release of the Apple
Software the terms and conditions that disclose pre-release features of the Apple Software or
services will no longer be confidential. Notwithstanding the foregoing, Apple Confidential
Information will not include: (i) information that is generally and legitimately available to the public
through no fault or breach of Yours, (ii) information that is generally made available to the public
by Apple, (iii) information that is independently developed by You without the use of any Apple
Confidential Information, (iv) information that was rightfully obtained from a third party who had
the right to transfer or disclose it to You without limitation, or (v) any FOSS included in the Apple
Software and accompanied by licensing terms that do not impose confidentiality obligations on
the use or disclosure of such FOSS. Further, Apple agrees that You will not be bound by the
foregoing confidentiality terms with regard to technical information about pre-release Apple
Software and services disclosed by Apple at WWDC (Apple’s Worldwide Developers
Conference), except that You may not post screenshots of, write public reviews of, or redistribute
any pre-release Apple Software, Apple Services or hardware.
9.2 Obligations Regarding Apple Confidential Information

You agree to protect Apple Confidential Information using at least the same degree of care that
You use to protect Your own confidential information of similar importance, but no less than a
reasonable degree of care. You agree to use Apple Confidential Information solely for the
purpose of exercising Your rights and performing Your obligations under this Agreement and
agree not to use Apple Confidential Information for any other purpose, for Your own or any third
party’s benefit, without Apple's prior written consent. You further agree not to disclose or
disseminate Apple Confidential Information to anyone other than: (i) those of Your employees and
contractors, or those of Your faculty and staff if You are an educational institution, who have a
need to know and who are bound by a written agreement that prohibits unauthorized use or
disclosure of the Apple Confidential Information; or (ii) except as otherwise agreed or permitted in
writing by Apple. You may disclose Apple Confidential Information to the extent required by law,
provided that You take reasonable steps to notify Apple of such requirement before disclosing the
Apple Confidential Information and to obtain protective treatment of the Apple Confidential
Information. You acknowledge that damages for improper disclosure of Apple Confidential
Information may be irreparable; therefore, Apple is entitled to seek equitable relief, including
injunction and preliminary injunction, in addition to all other remedies.
9.3 Information Submitted to Apple Not Deemed Confidential

Apple works with many application and software developers and some of their products may be
similar to or compete with Your Applications. Apple may also be developing its own similar or
competing applications and products or may decide to do so in the future. To avoid potential
misunderstandings and except as otherwise expressly set forth herein, Apple cannot agree, and
expressly disclaims, any confidentiality obligations or use restrictions, express or implied, with
respect to any information that You may provide in connection with this Agreement or the
Program, including but not limited to information about Your Application, Licensed Application
Information, and metadata (such disclosures will be referred to as “Licensee Disclosures”). You
agree that any such Licensee Disclosures will be non-confidential. Except as otherwise
expressly set forth herein, Apple will be free to use and disclose any Licensee Disclosures on an
unrestricted basis without notifying or compensating You. You release Apple from all liability and
obligations that may arise from the receipt, review, use, or disclosure of any portion of any
Licensee Disclosures. Any physical materials You submit to Apple will become Apple property
and Apple will have no obligation to return those materials to You or to certify their destruction.
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9.4 Press Releases and Other Publicity

You may not issue any press releases or make any other public statements regarding this
Agreement, its terms and conditions, or the relationship of the parties without Apple’s express
prior written approval, which may be withheld at Apple’s discretion.
10. Indemnification
To the extent permitted by applicable law, You agree to indemnify and hold harmless, and upon
Apple’s request, defend, Apple, its directors, officers, employees, independent contractors and
agents (each an “Apple Indemnified Party”) from any and all claims, losses, liabilities, damages,
taxes, expenses and costs, including without limitation, attorneys’ fees and court costs
(collectively, “Losses”), incurred by an Apple Indemnified Party and arising from or related to any
of the following (but excluding for purposes of this Section, any Application for macOS that is
distributed outside of the App Store and does not use any Apple Services or Certificates): (i) Your
breach of any certification, covenant, obligation, representation or warranty in this Agreement,
including Schedule 2 and Schedule 3 (if applicable); (ii) any claims that Your Covered Product or
the distribution, sale, offer for sale, use or importation of Your Covered Product (whether alone or
as an essential part of a combination), Licensed Application Information, metadata, or Pass
Information violate or infringe any third party intellectual property or proprietary rights; (iii) Your
breach of any of Your obligations under the EULA (as defined in Schedule 1 or Schedule 2 or
Schedule 3 (if applicable)) for Your Licensed Application; (iv) Apple’s permitted use, promotion or
delivery of Your Licensed Application, Licensed Application Information, Safari Push Notification,
Safari Extension (if applicable), Pass, Pass Information, metadata, related trademarks and logos,
or images and other materials that You provide to Apple under this Agreement, including
Schedule 2 or Schedule 3 (if applicable); (v) any claims, including but not limited to any end-user
claims, regarding Your Covered Products, Licensed Application Information, Pass Information, or
related logos, trademarks, content or images; or (vi) Your use (including Your Authorized
Developers’ use) of the Apple Software or services, Your Licensed Application Information, Pass
Information, metadata, Your Authorized Test Units, Your Registered Devices, Your Covered
Products, or Your development and distribution of any of the foregoing.
You acknowledge that neither the Apple Software nor any Services are intended for use in the
development of Covered Products in which errors or inaccuracies in the content, functionality,
services, data or information provided by any of the foregoing or the failure of any of the
foregoing, could lead to death, personal injury, or severe physical or environmental damage, and,
to the extent permitted by law, You hereby agree to indemnify, defend and hold harmless each
Apple Indemnified Party from any Losses incurred by such Apple Indemnified Party by reason of
any such use.
In no event may You enter into any settlement or like agreement with a third party that affects
Apple's rights or binds Apple in any way, without the prior written consent of Apple.
11. Term and Termination

11.1 Term
The Term of this Agreement shall extend until the one (1) year anniversary of the original
activation date of Your Program account. Thereafter, subject to Your payment of annual renewal
fees and compliance with the terms of this Agreement, the Term will automatically renew for
successive one (1) year terms, unless sooner terminated in accordance with this Agreement.
11.2 Termination
This Agreement and all rights and licenses granted by Apple hereunder and any services
provided hereunder will terminate, effective immediately upon notice from Apple:
(a) if You or any of Your Authorized Developers fail to comply with any term of this Agreement
other than those set forth below in this Section 11.2 and fail to cure such breach within 30 days
after becoming aware of or receiving notice of such breach;
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(b) if You or any of Your Authorized Developers fail to comply with the terms of Section 9
(Confidentiality);
(c) in the event of the circumstances described in the subsection entitled “Severability” below;
(d) if You, at any time during the Term, commence an action for patent infringement against
Apple;
(e) if You become insolvent, fail to pay Your debts when due, dissolve or cease to do business,
file for bankruptcy, or have filed against You a petition in bankruptcy;
(f) if You or any entity or person that directly or indirectly controls You, or is under common
control with You (where “control” has the meaning defined in Section 14.8), are or become
subject to sanctions or other restrictions in the countries or regions available in App Store
Connect; or
(g) if You engage, or encourage others to engage, in any misleading, fraudulent, improper,
unlawful or dishonest act relating to this Agreement, including, but not limited to, misrepresenting
the nature of Your Application (e.g., hiding or trying to hide functionality from Apple’s review,
falsifying consumer reviews for Your Application, engaging in payment fraud, etc.).
Apple may also terminate this Agreement, or suspend Your rights to use the Apple Software or
services, if You fail to accept any new Program Requirements or Agreement terms as described
in Section 4. Either party may terminate this Agreement for its convenience, for any reason or no
reason, effective 30 days after providing the other party with written notice of its intent to
terminate.
11.3 Effect of Termination

Upon the termination of this Agreement for any reason, You agree to immediately cease all use of
the Apple Software and services and erase and destroy all copies, full or partial, of the Apple
Software and any information pertaining to the services (including Your Push Application ID) and
all copies of Apple Confidential Information in Your and Your Authorized Developers' possession
or control. At Apple’s request, You agree to provide written certification of such destruction to
Apple. Upon the expiration of the Delivery Period defined and set forth in Schedule 1, all
Licensed Applications and Licensed Application Information in Apple’s possession or control shall
be deleted or destroyed within a reasonable time thereafter, excluding any archival copies
maintained in accordance with Apple’s standard business practices or required to be maintained
by applicable law, rule or regulation. The following provisions shall survive any termination of this
Agreement: Sections 1, 2.3, 2.5, 2.6, 3.1(d), 3.1(e), 3.1(f), 3.2, and 3.3, the second paragraph of
Section 5.1 (excluding the last two sentences other than the restrictions, which shall survive), the
third paragraph of Section 5.1, the last sentence of the first paragraph of Section 5.3 and the
limitations and restrictions of Section 5.3, Section 5.4, the first sentence of and the restrictions of
Section 6.6, the restrictions of Section 6.7, the second paragraph of Section 6.9, Section 7.1
(Schedule 1 for the Delivery Period), the restrictions of Section 7.3, 7.4, and 7.5, Section 7.6,
Section 9 through 14 inclusive; within Attachment 1, the last sentence of Section 1.1, Section 2,
Section 3.2 (but only for existing promotions), the second and third sentences of Section 4,
Section 5, and Section 6; within Attachment 2, Sections 1.3, 2, 3, 4, 5, 6, and 7; within
Attachment 3, Sections 1, 2 (except the second sentence of Section 2.1), 3 and 4; within
Attachment 4, Sections 1.2, 1.5, 1.6, 2, 3, and 4; within Attachment 5, Sections 2.2, 2.3, 2.4 (but
only for existing promotions), 3.3, and 5; within Attachment 6, Sections 1.2, 1.3, 2, 3, and 4; within
Attachment 7, Section 1.1 and Section 1.2; and Attachment 8. Apple will not be liable for
compensation, indemnity, or damages of any sort as a result of terminating this Agreement in
accordance with its terms, and termination of this Agreement will be without prejudice to any
other right or remedy Apple may have, now or in the future.
12. NO WARRANTY
The Apple Software or Services may contain inaccuracies or errors that could cause failures or
loss of data and it may be incomplete. Apple and its licensors reserve the right to change,
suspend, remove, or disable access to any Services (or any part thereof) at any time without
notice. In no event will Apple or its licensors be liable for the removal of or disabling of access to
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any such Services. Apple or its licensors may also impose limits on the use of or access to
certain Services, or may remove the Services for indefinite time periods, or cancel the Services at
any time, and in any case and without notice or liability. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
USE OF THE APPLE SOFTWARE, SECURITY SOLUTION, AND ANY SERVICES IS AT YOUR
SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE APPLE SOFTWARE,
SECURITY SOLUTION, AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”,
WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE, APPLE’S
AGENTS AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR
THE PURPOSES OF SECTIONS 12 AND 13) HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, SECURITY SOLUTION, AND
SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT
WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE
SOFTWARE, SECURITY SOLUTION, OR SERVICES, THAT THE APPLE SOFTWARE,
SECURITY SOLUTION, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE
OPERATION OF THE APPLE SOFTWARE, SECURITY SOLUTION, OR THE PROVISION OF
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT
DEFECTS OR ERRORS IN THE APPLE SOFTWARE, SECURITY SOLUTION, OR SERVICES
WILL BE CORRECTED, OR THAT THE APPLE SOFTWARE, SECURITY SOLUTION, OR
SERVICES WILL BE COMPATIBLE WITH FUTURE APPLE PRODUCTS, SERVICES OR
SOFTWARE OR ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR SERVICES, OR THAT
ANY INFORMATION STORED OR TRANSMITTED THROUGH ANY APPLE SOFTWARE OR
SERVICES WILL NOT BE LOST, CORRUPTED OR DAMAGED. YOU ACKNOWLEDGE THAT
THE APPLE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN
SITUATIONS OR ENVIRONMENTS WHERE ERRORS, DELAYS, FAILURES OR
INACCURACIES IN THE TRANSMISSION OR STORAGE OF DATA OR INFORMATION BY OR
THROUGH THE APPLE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL
INJURY, OR FINANCIAL, PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE,
INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT
OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT
EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE APPLE SOFTWARE, SECURITY
SOLUTION, OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. Location data as well as any maps
data provided by any Services or software is for basic navigational purposes only and is not
intended to be relied upon in situations where precise location information is needed or where
erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or
environmental damage. Neither Apple nor any of its licensors guarantees the availability,
accuracy, completeness, reliability, or timeliness of location data or any other data or information
displayed by any Services or software.
13. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE BE
LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF
OR RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE APPLE
SOFTWARE, SECURITY SOLUTION, SERVICES, APPLE CERTIFICATES, OR YOUR
DEVELOPMENT EFFORTS OR PARTICIPATION IN THE PROGRAM, HOWEVER CAUSED,
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WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING

NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF APPLE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple’s total liability
to You under this Agreement for all damages (other than as may be required by applicable law in
cases involving personal injury) exceed the amount of fifty dollars ($50.00).
14. General Legal Terms

14.1 Third Party Notices
Portions of the Apple Software or Services may utilize or include third party software and other
copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are
contained in the electronic documentation for the Apple Software and Services, and Your use of
such material is governed by their respective terms.
14.2 Consent to Collection and Use of Data

A. Pre-Release Versions of iOS, watchOS, tvOS, iPadOS, and macOS
In order to provide, test and help Apple, its partners, and third party developers improve their
products and services, and unless You or Your Authorized Developers opt out in the pre-release
versions of iOS, watchOS, tvOS, iPadOS, or macOS, as applicable, You acknowledge that Apple
and its subsidiaries and agents will be collecting, using, storing, transmitting, processing and
analyzing (collectively, “Collecting”) diagnostic, technical, and usage logs and information from
Your Authorized Test Units (that are running pre-release versions of the Apple Software and
services) as part of the developer seeding process. This information will be Collected in a form
that does not personally identify You or Your Authorized Developers and may be Collected from
Your Authorized Test Units at any time. The information that would be Collected includes, but is
not limited to, general diagnostic and usage data, various unique device identifiers, various
unique system or hardware identifiers, details about hardware and operating system
specifications, performance statistics, and data about how You use Your Authorized Test Unit,
system and application software, and peripherals, and, if Location Services is enabled, certain
location information. You agree that Apple may share such diagnostic, technical, and usage logs
and information with partners and third-party developers for purposes of allowing them to improve
their products and services that operate on or in connection with Apple-branded products. By
installing or using pre-release versions of iOS, watchOS, tvOS, iPadOS, or macOS on Your
Authorized Test Units, You acknowledge and agree that Apple and its subsidiaries and
agents have Your permission to Collect all such information and use it as set forth above
in this Section.
B. Other Pre-Release Apple Software and Services

In order to test, provide and improve Apple’s products and services, and only if You choose to
install or use other pre-release Apple Software or Services provided as part of the developer
seeding process or Program, You acknowledge that Apple and its subsidiaries and agents may
be Collecting diagnostic, technical, usage and related information from other pre-release Apple
Software and Services. Apple will notify You about the Collection of such information on the
Program web portal, and You should carefully review the release notes and other information
disclosed by Apple in such location prior to choosing whether or not to install or use any such pre-
release Apple Software or Services. By installing or using such pre-release Apple Software
and Services, You acknowledge and agree that Apple and its subsidiaries and agents have
Your permission to Collect any and all such information and use it as set forth above.
C. Device Deployment Services

In order to set up and use the device provisioning, account authentication, and deployment
features of the Apple Software and Services, certain unique identifiers for Your computer, iOS
Products, watchOS devices, tvOS devices, and account information may be needed. These
unique identifiers may include Your email address, Your Apple ID, a hardware identifier for Your
computer, and device identifiers entered by You into the Apple Software or Services for such
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Page 46

Apple-branded products. Such identifiers may be logged in association with Your interaction with
the Service and Your use of these features and the Apple Software and Services. By using
these features, You agree that Apple and its subsidiaries and agents may Collect this
information for the purpose of providing the Apple Software and Services, including using
such identifiers for account verification and anti-fraud measures. If You do not want to
provide this information, do not use the provisioning, deployment or authentication features of the
Apple Software or Services.
D. Apple Services
In order to test, provide and improve Apple’s products and services, and only if You choose to
use the Services provided hereunder (and except as otherwise provided herein), You
acknowledge that Apple and its subsidiaries and agents may be Collecting diagnostic, technical,
usage and related information from the Apple Services. Some of this information will be
Collected in a form that does not personally identify You. However, in some cases, Apple may
need to Collect information that would personally identify You, but only if Apple has a good faith
belief that such Collection is reasonably necessary to: (a) provide the Apple Services; (b) comply
with legal process or request; (c) verify compliance with the terms of this Agreement; (d) prevent
fraud, including investigating any potential technical issues or violations; or (e) protect the rights,
property, security or safety of Apple, its developers, customers or the public as required or
permitted by law. By installing or using such Apple Services, You acknowledge and agree
that Apple and its subsidiaries and agents have Your permission to Collect any and all
such information and use it as set forth in this Section. Further, You agree that Apple may
share the diagnostic, technical, and usage logs and information (excluding personally identifiable
information) with partners and third-party developers for purposes of allowing them to improve
their products and services that operate on or in connection with Apple-branded products.
E. Privacy Policy
Data collected pursuant to this Section 14.2 will be treated in accordance with Apple’s Privacy
Policy which can be viewed at http://www.apple.com/legal/privacy.
14.3 Assignment; Relationship of the Parties

This Agreement may not be assigned, nor may any of Your obligations under this Agreement be
delegated, in whole or in part, by You by operation of law, merger, or any other means without
Apple’s express prior written consent and any attempted assignment without such consent will be
null and void. To submit a request for Apple’s consent to assignment, please log into your
account at developer.apple.com and follow the steps under Membership. Except for the agency
appointment as specifically set forth in Schedule 1 (if applicable), this Agreement will not be
construed as creating any other agency relationship, or a partnership, joint venture, fiduciary duty,
or any other form of legal association between You and Apple, and You will not represent to the
contrary, whether expressly, by implication, appearance or otherwise. This Agreement is not for
the benefit of any third parties.
14.4 Independent Development

Nothing in this Agreement will impair Apple's right to develop, acquire, license, market, promote,
or distribute products or technologies that perform the same or similar functions as, or otherwise
compete with, Licensed Applications, Covered Products, or any other products or technologies
that You may develop, produce, market, or distribute.
14.5 Notices
Any notices relating to this Agreement shall be in writing, except as otherwise set forth in Section
14.3. Notices will be deemed given by Apple when sent to You at the email address or mailing
address You provided during the sign-up process. Except as set forth in Section 14.3, all notices
to Apple relating to this Agreement will be deemed given (a) when delivered personally, (b) three
business days after having been sent by commercial overnight carrier with written proof of
delivery, and (c) five business days after having been sent by first class or certified mail, postage
prepaid, to this Apple address: Developer Relations Legal, Apple Inc., One Apple Park Way, 37-
Program Agreement
Page 47

2ISM, Cupertino, California, 95014 U.S.A. You consent to receive notices by email and agree that
any such notices that Apple sends You electronically will satisfy any legal communication
requirements. A party may change its email or mailing address by giving the other written notice
as described above.
14.6 Severability
If a court of competent jurisdiction finds any clause of this Agreement to be unenforceable for any
reason, that clause of this Agreement shall be enforced to the maximum extent permissible so as
to effect the intent of the parties, and the remainder of this Agreement shall continue in full force
and effect. However, if applicable law prohibits or restricts You from fully and specifically
complying with, or appointing Apple and Apple Subsidiaries as Your agent under Schedule 1 or
the Sections of this Agreement entitled “Internal Use License and Restrictions”, “Your
Obligations” or “Apple Certificates; Revocation”, or prevents the enforceability of any of those
Sections or Schedule 1, this Agreement will immediately terminate and You must immediately
discontinue any use of the Apple Software as described in the Section entitled “Term and
Termination.”
14.7 Waiver and Construction

Failure by Apple to enforce any provision of this Agreement shall not be deemed a waiver of
future enforcement of that or any other provision. Any laws or regulations that provide that the
language of a contract will be construed against the drafter will not apply to this Agreement.
Section headings are for convenience only and are not to be considered in construing or
interpreting this Agreement.
14.8 Export Control

A. You may not use, export, re-export, import, sell, release, or transfer the Apple Software,
Services, or Documentation except as authorized by United States law, the laws of the jurisdiction
in which You obtained the Apple Software, and any other applicable laws and regulations. In
particular, but without limitation, the Apple Software, Services, source code, technology, and
Documentation (collectively referred to as “Apple Technology” for purposes of this Section 14.8)
may not be exported, or re-exported, transferred, or released (a) into any U.S. embargoed
countries or regions or (b) to anyone on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or on any
other restricted party lists. By using the Apple Technology, You represent and warrant that You
are not located in any such country or region or on any such list. You also agree that You will not
use the Apple Technology, including any pre-release versions thereof, for any purposes
prohibited by United States law, including, without limitation, the development, design,
manufacture or production of nuclear, missile, chemical or biological weapons or any other
military end uses as defined in 15 C.F.R. § 744. You certify that pre-release versions of the
Apple Technology will only be used for development and testing purposes, and will not be rented,
sold, leased, sublicensed, assigned, or otherwise transferred. Further, You certify that You will
not sell, transfer or export any product, process or service that is a direct product of such pre-
release Apple Technology.
B. You represent and warrant that You and any entity or person that directly or indirectly controls
You, or is under common control with You, are not: (a) on any sanctions lists in the countries or
regions available in App Store Connect, (b) doing business in any of the US embargoed countries
or regions, and (c) a military end user as defined and scoped in 15 C.F.R § 744. As used in this
Section 14.8, “control” means that an entity or person possesses, directly or indirectly, the power
to direct or cause the direction of the management policies of the other entity, whether through
ownership of voting securities, an interest in registered capital, by contract, or otherwise.
14.9 Government End-users

The Apple Software and Documentation are “Commercial Items”, as that term is defined at 48
C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer
Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202,
Program Agreement
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as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4,

as applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end-users (a) only as Commercial Items
and (b) with only those rights as are granted to all other end-users pursuant to the terms and
conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
14.10 Dispute Resolution; Governing Law

Any litigation or other dispute resolution between You and Apple arising out of or relating to this
Agreement, the Apple Software, or Your relationship with Apple will take place in the Northern
District of California, and You and Apple hereby consent to the personal jurisdiction of and
exclusive venue in the state and federal courts within that District with respect any such litigation
or dispute resolution. This Agreement will be governed by and construed in accordance with the
laws of the United States and the State of California, except that body of California law
concerning conflicts of law. Notwithstanding the foregoing:
(a) If You are an agency, instrumentality or department of the federal government of the United
States, then this Agreement shall be governed in accordance with the laws of the United States of
America, and in the absence of applicable federal law, the laws of the State of California will
apply. Further, and notwithstanding anything to the contrary in this Agreement (including but not
limited to Section 10 (Indemnification)), all claims, demands, complaints and disputes will be
subject to the Contract Disputes Act (41 U.S.C. §§601-613), the Tucker Act (28 U.S.C. § 1346(a)
and § 1491), or the Federal Tort Claims Act (28 U.S.C. §§ 1346(b), 2401-2402, 2671-2672, 2674-
2680), as applicable, or other applicable governing authority. For the avoidance of doubt, if You
are an agency, instrumentality, or department of the federal, state or local government of the U.S.
or a U.S. public and accredited educational institution, then Your indemnification obligations are
only applicable to the extent they would not cause You to violate any applicable law (e.g., the
Anti-Deficiency Act), and You have any legally required authorization or authorizing statute;
(b) If You (as an entity entering into this Agreement) are a U.S. public and accredited educational
institution or an agency, instrumentality, or department of a state or local government within the
United States, then (a) this Agreement will be governed and construed in accordance with the
laws of the state (within the U.S.) in which Your entity is domiciled, except that body of state law
concerning conflicts of law; and (b) any litigation or other dispute resolution between You and
Apple arising out of or relating to this Agreement, the Apple Software, or Your relationship with
Apple will take place in federal court within the Northern District of California, and You and Apple
hereby consent to the personal jurisdiction of and exclusive venue of such District unless such
consent is expressly prohibited by the laws of the state in which Your entity is domiciled; and
(c) If You are an international, intergovernmental organization that has been conferred immunity
from the jurisdiction of national courts through Your intergovernmental charter or agreement, then
any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall
be determined by arbitration under the Rules of Arbitration of the International Chamber of
Commerce (the “ICC Rules”) in effect at the time of applying for arbitration by three arbitrators
appointed in accordance with such rules, and will be conducted according to the International Bar
Association (IBA) Rules on the Taking of Evidence in International Arbitration. The place of
arbitration shall be London, England. The arbitration shall be conducted in English. Upon Apple’s
request, You agree to provide evidence of Your status as an intergovernmental organization with
such privileges and immunities.
This Agreement shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded.
14.11 Entire Agreement; Governing Language

This Agreement constitutes the entire agreement between the parties with respect to the use of
the Apple Software, Apple Services and Apple Certificates licensed hereunder and, except as
otherwise set forth herein, supersedes all prior understandings and agreements regarding its
subject matter. Notwithstanding the foregoing, to the extent that You are provided with pre-
release materials under the Program and such pre-release materials are subject to a separate
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license agreement, You agree that the license agreement accompanying such materials in
addition to Section 9 (Confidentiality) of this Agreement shall also govern Your use of such
materials. If You have entered or later enter into the Xcode and Apple SDKs Agreement, this
Apple Developer Program License Agreement will govern in the event of any inconsistencies
between the two with respect to the same subject matter; provided, however, that this Apple
Developer Program License Agreement is not intended to prevent You from exercising any rights
granted to You in the Xcode and Apple SDKs Agreement in accordance with the terms and
conditions set forth therein. If You have entered or later enter into the Swift Playgrounds
Agreement, this Apple Developer Program License Agreement will govern in the event of any
inconsistencies between the two with respect to the same subject matter; provided, however, that
this Apple Developer Program License Agreement is not intended to prevent You from exercising
any rights granted to You in the Swift Playgrounds Agreement in accordance with the terms and
conditions set forth therein. This Agreement may be modified only: (a) by a written amendment
signed by both parties, or (b) to the extent expressly permitted by this Agreement (for example,
by Apple by written or email notice to You). Any translation is provided as a courtesy to You, and
in the event of a dispute between the English and any non-English version, the English version of
this Agreement shall govern, to the extent not prohibited by local law in Your jurisdiction. If You
are located in the province of Quebec, Canada or are a government organization within France,
then the following clause applies to You: The parties hereby confirm that they have requested
that this Agreement and all related documents be drafted in English. Les parties ont exigé que le
présent contrat et tous les documents connexes soient rédigés en anglais.
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Attachment 1
(to the Agreement)
Additional Terms for Apple Push Notification Service and Local Notifications
The following terms are in addition to the terms of the Agreement and apply to any use of the
APN (Apple Push Notification Service):
1. Use of the APN and Local Notifications
1.1 You may use the APN only in Your Applications, Your Passes, and/or in sending Safari
Push Notifications to the macOS desktop of users of Your Site who have opted in to receive
Notifications through Safari on macOS. You, Your Application and/or Your Pass may access the
APN only via the APN API and only if You have been assigned a Push Application ID by Apple.
Except for a Service Provider who is assisting You with using the APN, You agree not to share
Your Push Application ID with any third party. You understand that You will not be permitted to
access or use the APN after expiration or termination of Your Agreement.
1.2 You are permitted to use the APN and the APN APIs only for the purpose of sending
Push Notifications to Your Application, Your Pass, and/or to the macOS desktop of users of Your
Site who have opted in to receive Notifications through Safari on macOS as expressly permitted
by the Agreement, the APN Documentation and all applicable laws and regulations (including all
intellectual property laws). You further agree that You must disclose to Apple any use of the APN
as part of the submission process for Your Application.
1.3 You understand that before You send an end-user any Push Notifications through the
APN, the end-user must consent to receive such Notifications. You agree not to disable, override
or otherwise interfere with any Apple-implemented consent panels or any Apple system
preferences for enabling or disabling Notification functionality. If the end-user’s consent to
receive Push Notifications is denied or later withdrawn, You may not send the end-user Push
Notifications.
2. Additional Requirements
2.1 You may not use the APN or Local Notifications for the purpose of sending unsolicited
messages to end-users or for the purpose of phishing or spamming, including, but not limited to,
engaging in any types of activities that violate anti-spamming laws and regulations, or that are
otherwise improper, inappropriate or illegal. The APN and Local Notifications should be used for
sending relevant messages to a user that provide a benefit (e.g., a response to an end-user
request for information, provision of pertinent information relevant to the Application).
2.2 You may not use the APN or Local Notifications for the purposes of advertising, product
promotion, or direct marketing of any kind (e.g., up-selling, cross-selling, etc.), including, but not
limited to, sending any messages to promote the use of Your Application or advertise the
availability of new features or versions. Notwithstanding the foregoing, You may use the APN or
Local Notifications for promotional purposes in connection with Your Pass so long as such use is
directly related to the Pass, e.g., a store coupon may be sent to Your Pass in Wallet.
2.3 You may not excessively use the overall network capacity or bandwidth of the APN, or
unduly burden an iOS Product, Apple Watch, macOS or an end-user with excessive Push
Notifications or Local Notifications, as may be determined by Apple in its reasonable discretion.
In addition, You agree not to harm or interfere with Apple’s networks or servers, or any third party
servers or networks connected to the APN, or otherwise disrupt other developers’ use of the
APN.
2.4 You may not use the APN or Local Notifications to send material that contains any
obscene, pornographic, offensive or defamatory content or materials of any kind (text, graphics,
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images, photographs, sounds, etc.), or other content or materials that in Apple’s reasonable
judgment may be found objectionable by the end-user of Your Application, Pass or Site.
2.5 You may not transmit, store or otherwise make available any material that contains
viruses or any other computer code, files or programs that may harm, disrupt or limit the normal
operation of the APN or an iOS Product, Apple Watch, or macOS, and You agree not to disable,
spoof, hack or otherwise interfere with any security, digital signing, verification or authentication
mechanisms that are incorporated in or used by the APN, or enable others to do so.
3. Additional Terms for Website Push IDs
3.1 Subject to the terms of this Agreement, You understand and agree that Safari Push
Notifications that You send using Your Website Push ID must be sent under Your own name,
trademark or brand (e.g., a user should know that the communication is coming from Your Site)
and must include an icon, trademark, logo or other identifying mark for Your Site. You agree not
to misrepresent or impersonate another Site or entity or otherwise mislead users about the
originator of the Safari Push Notification. To the extent that You reference a third party’s
trademark or brand within Your Safari Push Notification, You represent and warrant that You
have any necessary rights.
3.2 By enabling the APN and sending Safari Push Notifications for Your Site as permitted in
this Agreement, You hereby permit Apple to use (i) screenshots of Your Safari Push Notifications
on macOS; and (ii) trademarks and logos associated with such Notifications, for promotional
purposes in Apple’s marketing materials, excluding those portions which You do not have the
right to use for promotional purposes and which You identify in writing to Apple. You also permit
Apple to use images and other materials that You may provide to Apple, at Apple’s reasonable
request, for promotional purposes in marketing materials.
4. Delivery by the APN or via Local Notifications. You understand and agree that in
order to provide the APN and make Your Push Notifications available on iOS Products, Apple
Watch, or macOS, Apple may transmit Your Push Notifications across various public networks, in
various media, and modify or change Your Push Notifications to comply with the technical and
other requirements for connecting to networks or devices. You acknowledge and agree that the
APN is not, and is not intended to be, a guaranteed or secure delivery service, and You shall not
use or rely upon it as such. Further, as a condition to using the APN or delivering Local
Notifications, You agree not to transmit sensitive personal or confidential information belonging to
an individual (e.g., a social security number, financial account or transactional information, or any
information where the individual may have a reasonable expectation of secure transmission) as
part of any such Notification, and You agree to comply with any applicable notice or consent
requirements with respect to any collection, transmission, maintenance, processing or use of an
end-user’s personal information.
5. Your Acknowledgements. You acknowledge and agree that:
5.1 Apple may at any time, and from time to time, with or without prior notice to You (a)
modify the APN, including changing or removing any feature or functionality, or (b) modify,
deprecate, reissue or republish the APN APIs. You understand that any such modifications may
require You to change or update Your Applications, Passes or Sites at Your own cost. Apple has
no express or implied obligation to provide, or continue to provide, the APN and may suspend or
discontinue all or any portion of the APN at any time. Apple shall not be liable for any losses,
damages or costs of any kind incurred by You or any other party arising out of or related to any
such service suspension or discontinuation or any such modification of the APN or APN APIs.
5.2 The APN is not available in all languages or in all countries or regions and Apple makes
no representation that the APN is appropriate or available for use in any particular location. To
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the extent You choose to access and use the APN, You do so at Your own initiative and are
responsible for compliance with any applicable laws, including but not limited to any local laws.
5.3 Apple provides the APN to You for Your use with Your Application, Pass, or Site, and
does not provide the APN directly to any end-user. You acknowledge and agree that any Push
Notifications are sent by You, not Apple, to the end-user of Your Application, Pass or Site, and
You are solely liable and responsible for any data or content transmitted therein and for any such
use of the APN. Further, You acknowledge and agree that any Local Notifications are sent by
You, not Apple, to the end-user of Your Application, and You are solely liable and responsible for
any data or content transmitted therein.
5.4 Apple makes no guarantees to You in relation to the availability or uptime of the APN and
is not obligated to provide any maintenance, technical or other support for the APN.
5.5 Apple reserves the right to remove Your access to the APN, limit Your use of the APN, or
revoke Your Push Application ID at any time in its sole discretion.
5.6 Apple may monitor and collect information (including but not limited to technical and
diagnostic information) about Your usage of the APN to aid Apple in improving the APN and other
Apple products or services and to verify Your compliance with this Agreement; provided however
that Apple will not access or disclose the content of any Push Notification unless Apple has a
good faith belief that such access or disclosure is reasonably necessary to: (a) comply with legal
process or request; (b) enforce the terms of this Agreement, including investigation of any
potential violation hereof; (c) detect, prevent or otherwise address security, fraud or technical
issues; or (d) protect the rights, property or safety of Apple, its developers, customers or the
public as required or permitted by law. Notwithstanding the foregoing, You acknowledge and
agree that iOS, iPadOS, macOS, and watchOS may access Push Notifications locally on a user’s
device solely for the purposes of responding to user requests and personalizing user experience
and suggestions on device.
6. Additional Liability Disclaimer. APPLE SHALL NOT BE LIABLE FOR ANY DAMAGES
OR LOSSES ARISING FROM ANY USE OF THE APN, INCLUDING ANY INTERRUPTIONS TO
THE APN OR ANY USE OF NOTIFICATIONS, INCLUDING, BUT NOT LIMITED TO, ANY
POWER OUTAGES, SYSTEM FAILURES, NETWORK ATTACKS, SCHEDULED OR
UNSCHEDULED MAINTENANCE, OR OTHER INTERRUPTIONS.
Program Agreement
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Attachment 2
(to the Agreement)
Additional Terms for Use of the In-App Purchase API
The following terms are in addition to the terms of the Agreement and apply to any use of the In-
App Purchase API in Your Application:
1. Use of the In-App Purchase API
1.1 You may use the In-App Purchase API only to enable end-users to access or receive
content, functionality, or services that You make available for use within Your Application (e.g.,
digital books, additional game levels, access to a turn-by-turn map service). You may not use the
In-App Purchase API to offer goods or services to be used outside of Your Application.
1.2 You must submit to Apple for review and approval all content, functionality, or services
that You plan to provide through the use of the In-App Purchase API in accordance with these
terms and the processes set forth in Section 6 (Application Submission and Selection) of the
Agreement. For all submissions, You must provide the name, text description, price, unique
identifier number, and other information that Apple reasonably requests (collectively, the
“Submission Description”). Apple reserves the right to review the actual content, functionality
or service that has been described in the Submission Descriptions at any time, including, but not
limited to, in the submission process and after approval of the Submission Description by Apple.
If You would like to provide additional content, functionality or services through the In-App
Purchase API that are not described in Your Submission Description, then You must first submit a
new or updated Submission Description for review and approval by Apple prior to making such
items available through the use of the In-App Purchase API. Apple reserves the right to withdraw
its approval of content, functionality, or services previously approved, and You agree to stop
making any such content, functionality, or services available for use within Your Application.
1.3 All content, functionality, and services offered through the In-App Purchase API are
subject to the Program Requirements for Applications, and after such content, services or
functionality are added to a Licensed Application, they will be deemed part of the Licensed
Application and will be subject to all the same obligations and requirements. For clarity,
Applications that provide keyboard extension functionality may not use the In-App Purchase API
within the keyboard extension itself; however, they may continue to use the In-App Purchase API
in separate areas of the Application.
2. Additional Restrictions
2.1 You may not use the In-App Purchase API to enable an end-user to set up a pre-paid
account to be used for subsequent purchases of content, functionality, or services, or otherwise
create balances or credits that end-users can redeem or use to make purchases at a later time.
2.2 You may not enable end-users to purchase Currency of any kind through the In-App
Purchase API, including but not limited to any Currency for exchange, gifting, redemption,
transfer, trading or use in purchasing or obtaining anything within or outside of Your Application.
“Currency” means any form of currency, points, credits, resources, content or other items or units
recognized by a group of individuals or entities as representing a particular value and that can be
transferred or circulated as a medium of exchange.
2.3 Content and services may be offered through the In-App Purchase API on a subscription
basis (e.g., subscriptions to newspapers and magazines). Other than specific approved rental
content such as films, television programs, music, books, rentals of content, services or
functionality through the In-App Purchase API are not allowed (e.g., use of particular content may
not be restricted to a pre-determined, limited period of time).
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2.4 You may not use the In-App Purchase API to send any software updates to Your
Application or otherwise add any additional executable code to Your Application. An In-App
Purchase item must either already exist in Your Application waiting to be unlocked, be streamed
to Your Application after the In-App Purchase API transaction has been completed, or be
downloaded to Your Application solely as data after such transaction has been completed.
2.5 You may not use the In-App Purchase API to deliver any items that contain content or
materials of any kind (text, graphics, images, photographs, sounds, etc.) that in Apple’s
reasonable judgment may be found objectionable or inappropriate, for example, materials that
may be considered obscene, pornographic, or defamatory.
2.6 With the exception of items of content that an end-user consumes or uses up within Your
Application (e.g., virtual supplies such as construction materials) (a “Consumable”), any other
content, functionality, services or subscriptions delivered through the use of the In-App Purchase
API (e.g., a sword for a game) (a “Non-Consumable”) must be made available to end-users in
accordance with the same usage rules as Licensed Applications (e.g., any such content, services
or functionality must be available to all of the devices associated with an end-user’s account).
You will be responsible for identifying Consumable items to Apple and for disclosing to end-users
that Consumables will not be available for use on other devices.
3. Your Responsibilities
3.1 For each successfully completed transaction made using the In-App Purchase API, Apple
will provide You with a transaction receipt. It is Your responsibility to verify the validity of such
receipt prior to the delivery of any content, functionality, or services to an end-user and Apple will
not be liable for Your failure to verify that any such transaction receipt came from Apple.
3.2 Unless Apple provides You with user interface elements, You are responsible for
developing the user interface Your Application will display to end-users for orders made through
the In-App Purchase API. You agree not to misrepresent, falsely claim, mislead or engage in any
unfair or deceptive acts or practices regarding the promotion and sale of items through Your use
of the In-App Purchase API, including, but not limited to, in the Licensed Application Information
and any metadata that You submit through App Store Connect. You agree to comply with all
applicable laws and regulations, including those in any jurisdictions in which You make content,
functionality, services or subscriptions available through the use of the In-App Purchase API,
including but not limited to consumer laws and export regulations.
3.3 Apple may provide hosting services for Non-Consumables that You would like to provide
to Your end-users through the use of the In-App Purchase API. Even if Apple hosts such Non-
Consumables on Your behalf, You are responsible for providing items ordered through the In-App
Purchase API in a timely manner (i.e., promptly after Apple issues the transaction receipt, except
in cases where You have disclosed to Your end-user that the item will be made available at a
later time) and for complying with all applicable laws in connection therewith, including but not
limited to, laws, rules and regulations related to cancellation or delivery of ordered items. You are
responsible for maintaining Your own records for all such transactions.
3.4 You will not issue any refunds to end-users of Your Application, and You agree that
Apple may issue refunds to end-users in accordance with the terms of Schedule 2.
3.5 You may provide Apple, its subsidiaries, and agents with end-user consumption
information from Your Application in order to inform and improve the refund process and
purchase dispute process. You shall provide notice to the user and/or obtain consent from the
user in compliance with the Documentation and applicable laws.
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4. Apple Services
4.1 From time to time, Apple may choose to offer additional services and functionality relating
to In-App Purchase API transactions. Apple makes no guarantees that the In-App Purchase API
or any Services will continue to be made available to You or that they will meet Your
requirements, be uninterrupted, timely, secure or free from error, that any information that You
obtain from the In-App Purchase API or any Services will be accurate or reliable or that any
defects will be corrected.
4.2 You understand that You will not be permitted to access or use the In-App Purchase API
after expiration or termination of Your Agreement.

Apple may at any time, and from time to time, with or without prior notice to You (a) modify the In-
App Purchase API, including changing or removing any feature or functionality, or (b) modify,
deprecate, reissue or republish the In-App Purchase API. You understand that any such
modifications may require You to change or update Your Applications at Your own cost in order to
continue to use the In-App Purchase API. Apple has no express or implied obligation to provide,
or continue to provide, the In-App Purchase API or any services related thereto and may suspend
or discontinue all or any portion of thereof at any time. Apple shall not be liable for any losses,
damages or costs of any kind incurred by You or any other party arising out of or related to any
suspension, discontinuation or modification of the In-App Purchase API or any services related
thereto. Apple makes no guarantees to You in relation to the availability or uptime of the In-App
Purchase API or any other services that Apple may provide to You in connection therewith, and
Apple is not obligated to provide any maintenance, technical or other support related thereto.
Apple provides the In-App Purchase API to You for Your use with Your Application, and may
provide services to You in connection therewith (e.g., hosting services for Non-Consumable
items). Apple is not responsible for providing or unlocking any content, functionality, services or
subscriptions that an end-user orders through Your use of the In-App Purchase API. You
acknowledge and agree that any such items are made available by You, not Apple, to the end-
user of Your Application, and You are solely liable and responsible for such items ordered
through the use of the In-App Purchase API and for any such use of the In-App Purchase API in
Your Application or for any use of services in connection therewith.
6. Use of Digital Certificates for In-App Purchase. When an end-user completes a

transaction using the In-App Purchase API in Your Application, Apple will provide You with a
transaction receipt signed with an Apple Certificate. It is Your responsibility to verify that such
certificate and receipt were issued by Apple, as set forth in the Documentation. You are solely
responsible for Your decision to rely on any such certificates and receipts. YOUR USE OF OR
RELIANCE ON SUCH CERTIFICATES AND RECEIPTS IN CONNECTION WITH THE IN-APP
PURCHASE API IS AT YOUR SOLE RISK. APPLE MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE, ACCURACY, RELIABILITY, SECURITY, OR NON-
INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO SUCH APPLE
CERTIFICATES AND RECEIPTS. You agree that You will only use such receipts and certificates
in accordance with the Documentation, and that You will not interfere or tamper with the normal
operation of such digital certificates or receipts, including but not limited to any falsification or
other misuse.
OR LOSSES ARISING FROM THE USE OF THE IN-APP PURCHASE API AND ANY
SERVICES, INCLUDING, BUT NOT LIMITED TO, (I) ANY LOSS OF PROFIT (WHETHER
INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS
REPUTATION, ANY LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS, (II) ANY
CHANGES WHICH APPLE MAY MAKE TO THE IN-APP PURCHASE API OR ANY SERVICES,
OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE IN-
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APP PURCHASE API OR ANY SERVICES (OR ANY FEATURES WITHIN THE SERVICES)
PROVIDED THEREWITH, OR (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO
PROVIDE ANY DATA TRANSMITTED BY OR THROUGH YOUR USE OF THE IN-APP
PURCHASE API OR SERVICES. It is Your responsibility to maintain appropriate alternate
backup of all Your information and data, including but not limited to any Non-Consumables that
You may provide to Apple for hosting services.
Program Agreement
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Attachment 3
(to the Agreement)
Additional Terms for the Game Center
Game Center service by You or Your Application.
1. Use of the Game Center service
1.1 You and Your Application may not connect to or use the Game Center service in any way
not expressly authorized by Apple. You agree to only use the Game Center service in
accordance with this Agreement (including this Attachment 3), the Game Center Documentation
and in accordance with all applicable laws. You understand that neither You nor Your Application
will be permitted to access or use the Game Center service after expiration or termination of Your
Agreement.
1.2 Apple may provide You with a unique identifier which is associated with an end-user’s
alias as part of the Game Center service (the “Player ID”). You agree to not display the Player ID
to the end-user or to any third party, and You agree to only use the Player ID for differentiation of
end-users in connection with Your use of the Game Center. You agree not to reverse look-up,
trace, relate, associate, mine, harvest, or otherwise exploit the Player ID, aliases or other data or
information provided by the Game Center service, except to the extent expressly permitted
herein. For example, You will not attempt to determine the real identity of an end-user.
1.3 You will only use information provided by the Game Center service as necessary for
providing services and functionality for Your Applications. For example, You will not host or
export any such information to a third party service. Further, You agree not to transfer or copy
any user information or data (whether individually or in the aggregate) obtained through the
Game Center service to a third party except as necessary for providing services and functionality
for Your Applications, and then only with express user consent and only if not otherwise
prohibited in this Agreement.
1.4 You will not attempt to gain (or enable others to gain) unauthorized use or access to the
Game Center service (or any part thereof) in any way, including but not limited to obtaining
information from the Game Center service using any method not expressly permitted by Apple.
For example, You may not use packet sniffers to intercept any communications protocols from
systems or networks connected to the Game Center, scrape any data or user information from
the Game Center, or use any third party software to collect information through the Game Center
about players, game data, accounts, or service usage patterns.
2.1 You agree not to harm or interfere with Apple’s networks or servers, or any third party
servers or networks connected to the Game Center service, or otherwise disrupt other
developers' or end-users’ use of the Game Center. You agree that, except for testing and
development purposes, You will not create false accounts through the use of the Game Center
service or otherwise use the Game Center service to misrepresent information about You or Your
Application in a way that would interfere with an end-users’ use of the Game Center service, e.g.,
creating inflated high scores through the use of cheat codes or falsifying the number of user
accounts for Your Application.
2.2 You will not institute, assist, or enable any disruptions of the Game Center, such as
through a denial of service attack, through the use of an automated process or service such as a
spider, script, or bot, or through exploiting any bug in the Game Center service or Apple Software.
You agree not to probe, test or scan for vulnerabilities in the Game Center service. You further
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agree not to disable, spoof, hack, undermine or otherwise interfere with any data protection,
security, verification or authentication mechanisms that are incorporated in or used by the Game
Center service, or enable others to do so.
2.3 You will not transmit, store or otherwise make available any material that contains viruses
or any other computer code, files or programs that may harm, disrupt or limit the normal operation
of the Game Center or an iOS Product.
2.4 You agree not to use any portion of the Game Center service for sending any unsolicited,
improper or inappropriate messages to end-users or for the purpose of poaching, phishing or
spamming of Game Center users. You will not reroute (or attempt to reroute) users of the Game
Center to another service using any information You obtain through the use of the Game Center
service.
2.5 You shall not charge any fees to end-users for access to the Game Center service or for
any data or information provided therein.
2.6 To the extent that Apple permits You to manage certain Game Center features and
functionality for Your Application through App Store Connect (e.g., the ability to block fraudulent
users or eliminate suspicious leaderboard scores from Your Application’s leaderboard), You
agree to use such methods only when You have a reasonable belief that such users or scores
are the result of misleading, fraudulent, improper, unlawful or dishonest acts.
3.1 Apple may at any time, and from time to time, with or without prior notice to You (a)
modify the Game Center service, including changing or removing any feature or functionality, or
(b) modify, deprecate, reissue or republish the Game Center APIs or related APIs. You
understand that any such modifications may require You to change or update Your Applications
at Your own cost. Apple has no express or implied obligation to provide, or continue to provide,
the Game Center service and may suspend or discontinue all or any portion of the Game Center
service at any time. Apple shall not be liable for any losses, damages or costs of any kind
incurred by You or any other party arising out of or related to any such service suspension or
discontinuation or any such modification of the Game Center service or Game Center APIs.
3.2 Apple makes no guarantees to You in relation to the availability or uptime of the Game
Center service and is not obligated to provide any maintenance, technical or other support for
such service. Apple reserves the right to remove Your access to the Game Center service at any
time in its sole discretion. Apple may monitor and collect information (including but not limited to
technical and diagnostic information) about Your usage of the Game Center service to aid Apple
in improving the Game Center and other Apple products or services and to verify Your
compliance with this Agreement.
OR LOSSES ARISING FROM ANY INTERRUPTIONS TO THE GAME CENTER OR ANY
SYSTEM FAILURES, NETWORK ATTACKS, SCHEDULED OR UNSCHEDULED
MAINTENANCE, OR OTHER INTERRUPTIONS.
Program Agreement
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Attachment 4
(to the Agreement)
Additional Terms for the use of iCloud
The following terms are in addition to the terms of the Agreement and apply to Your use of the
iCloud service for software development and testing in connection with Your Application, or Web
Software.
1. Use of iCloud
1.1 Your Applications and/or Web Software may access the iCloud service only if You have
been assigned an entitlement by Apple. You agree not to access the iCloud service, or any
content, data or information contained therein, other than through the iCloud Storage APIs,
CloudKit APIs or via the CloudKit console provided as part of the Program. You agree not to
share Your entitlement with any third party or use it for any purposes not expressly permitted by
Apple. You agree to use the iCloud service, the iCloud Storage APIs, and the CloudKit APIs only
as expressly permitted by this Agreement and the iCloud Documentation, and in accordance with
all applicable laws and regulations. Further, Your Web Software is permitted to access and use
the iCloud service (e.g., to store the same type of data that is retrieved or updated in a Licensed
Application) only so long as Your use of the iCloud service in such Web Software is comparable
to Your use in the corresponding Licensed Application, as determined in Apple’s sole discretion.
In the event Apple Services permit You to use more than Your allotment of storage containers in
iCloud in order to transfer data to another container for any reason, You agree to only use such
additional container(s) for a reasonable limited time to perform such functions and not to increase
storage and transactional allotments.
1.2 You understand that You will not be permitted to access or use the iCloud service for
software development or testing after expiration or termination of Your Agreement; however end-
users who have Your Applications or Web Software installed and who have a valid end-user
account with Apple to use iCloud may continue to access their user-generated documents,
private containers and files that You have chosen to store in such end-user’s account via the
iCloud Storage APIs or the CloudKit APIs in accordance with the applicable iCloud terms and
conditions and these terms. You agree not to interfere with an end-user’s ability to access iCloud
(or the end-user’s own user-generated documents, private containers and files) or to otherwise
disrupt their use of iCloud in any way and at any time. With respect to data You store in public
containers through the CloudKit APIs (whether generated by You or the end-user), Apple
reserves the right to suspend access to or delete such data, in whole or in part, upon expiration or
termination of Your Agreement, or as otherwise specified by Apple in the CloudKit console.
1.3 Your Application is permitted to use the iCloud Storage APIs only for the purpose of
storage and retrieval of key value data (e.g., a list of stocks in a finance App, settings for an App)
for Your Applications and Web Software and for purposes of enabling Your end-users to access
user-generated documents and files through the iCloud service. Your Application or Web
Software application is permitted to use the CloudKit APIs for storing, retrieving, and querying of
structured data that You choose to store in public or private containers in accordance with the
iCloud Documentation. You agree not to knowingly store any content or materials via the iCloud
Storage APIs or CloudKit APIs that would cause Your Application to violate any of the iCloud
terms and conditions or the Program Requirements for Your Applications (e.g., Your Application
may not store illegal or infringing materials).
1.4 You may allow a user to access their user-generated documents and files from iCloud
through the use of Your Applications as well as from Web Software. However, You may not
share key value data from Your Application with other Applications or Web Software, unless You
are sharing such data among different versions of the same title, or You have user consent.
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1.5 You are responsible for any content and materials that You store in iCloud through the
use of the CloudKit APIs and iCloud Storage APIs and must take reasonable and appropriate
steps to protect information You store through the iCloud service. With respect to third party
claims related to content and materials stored by Your end-users in Your Applications through the
use of the iCloud Storage APIs or CloudKit APIs (e.g., user-generated documents, end-user
posts in public containers), You agree to be responsible for properly handling and promptly
processing any such claims, including but not limited to Your compliance with notices sent
pursuant to the Digital Millennium Copyright Act (DMCA).
1.6 Unless otherwise expressly permitted by Apple in writing, You will not use iCloud, the
iCloud Storage APIs, CloudKit APIs, or any component or function thereof, to create, receive,
maintain or transmit any sensitive, individually-identifiable health information, including “protected
health information” (as such term is defined at 45 C.F.R § 160.103), or use iCloud in any manner
that would make Apple (or any Apple Subsidiary) Your or any third party’s “business associate”
as such term is defined at 45 C.F.R. § 160.103. You agree to be solely responsible for complying
with any reporting requirements under law or contract arising from Your breach of this Section.
2. Additional Requirements
2.1 You understand there are storage capacity, transmission, and transactional limits for the
iCloud service, both for You as a developer and for Your end-users. If You reach or Your end-
user reaches such limits, then You or Your end-user may be unable to use the iCloud service
until You or Your end-user have removed enough data from the service to meet the capacity
limits, increased storage capacity or otherwise modified Your usage of iCloud, and You or Your
end-user may be unable to access or retrieve data from iCloud during this time.
2.2 You may not charge any fees to users for access to or use of the iCloud service through
Your Applications or Web Software, and You agree not to sell access to the iCloud service in any
other way, including but not limited to reselling any part of the service. You will only use the
iCloud service in Your Application or Web Software to provide storage for an end-user who has a
valid end-user iCloud account with Apple and only for use in accordance with the terms of such
user account, except that You may use the CloudKit APIs to store of data in public containers for
access by end-users regardless of whether such users have iCloud accounts. You will not induce
any end-user to violate the terms of their applicable iCloud service agreement with Apple or to
violate any Apple usage policies for data or information stored in the iCloud service.
2.3 You may not excessively use the overall network capacity or bandwidth of the iCloud
service or otherwise burden such service with unreasonable data loads or queries. You agree
not to harm or interfere with Apple’s networks or servers, or any third party servers or networks
connected to the iCloud, or otherwise disrupt other developers' or users’ use of the iCloud
service.
2.4 You will not disable or interfere with any warnings, system settings, notices, or
notifications that are presented to an end-user of the iCloud service by Apple.
3. Your Acknowledgements
You acknowledge and agree that:
3.1 Apple may at any time, with or without prior notice to You (a) modify the iCloud Storage
APIs or the CloudKit APIs, including changing or removing any feature or functionality, or (b)
modify, deprecate, reissue or republish such APIs. You understand that any such modifications
may require You to change or update Your Applications or Web Software at Your own cost.
Apple has no express or implied obligation to provide, or continue to provide, the iCloud service
and may suspend or discontinue all or any portion of the iCloud service at any time. Apple shall
Program Agreement
Page 61

not be liable for any losses, damages or costs of any kind incurred by You or any other party
arising out of or related to any such service suspension or discontinuation or any such
modification of the iCloud service, iCloud Storage APIs or the CloudKit APIs.
3.2 The iCloud service is not available in all languages or in all countries or regions and
Apple makes no representation that the iCloud service is appropriate or available for use in any
particular location. To the extent You choose to provide access to the iCloud service in Your
Applications or Web Software through the iCloud Storage APIs or CloudKit APIs (e.g., to store
data in a public or private container), You do so at Your own initiative and are responsible for
compliance with any applicable laws or regulations.
3.3 Apple makes no guarantees to You in relation to the availability or uptime of the iCloud
service and is not obligated to provide any maintenance, technical or other support for the iCloud
service. Apple is not responsible for any expenditures, investments, or commitments made by
You in connection with the iCloud service, or for any use of or access to the iCloud service.
3.4 Apple reserves the right to suspend or revoke Your access to the iCloud service or
impose limits on Your use of the iCloud service at any time in Apple’s sole discretion. In addition,
Apple may impose or adjust the limit of transactions Your Applications or Web Software may
send or receive through the iCloud service or the resources or capacity that they may use at any
time in Apple’s sole discretion.
3.5 Apple may monitor and collect information (including but not limited to technical and
diagnostic information) about usage of the iCloud service through the iCloud Storage APIs,
CloudKit APIs, or CloudKit console, in order to aid Apple in improving the iCloud service and
other Apple products or services; provided however that Apple will not access or disclose any
end-user data stored in a private container through CloudKit, any Application data stored in a
public container through CloudKit, or any user-generated documents, files or key value data
stored using the iCloud Storage APIs and iCloud service, unless Apple has a good faith belief that
such access, use, preservation or disclosure is reasonably necessary to comply with a legal or
regulatory process or request, or unless otherwise requested by an end-user with respect to data
stored via the iCloud Storage APIs in that end-user’s iCloud account or in that end-user’s private
container via the CloudKit APIs.
3.6 Further, to the extent that You store any personal information relating to an individual or
any information from which an individual can be identified (collectively, “Personal Data”) in the
iCloud service through the use of the iCloud Storage APIs or CloudKit APIs, You agree that Apple
(and any applicable Apple Subsidiary for purposes of this Section 3.6) will act as Your agent for
the processing, storage and handling of any such Personal Data. Apple agrees to ensure that any
persons authorized to process such Personal Data have agreed to maintain confidentiality
(whether through terms or under an appropriate statutory obligation). Apple shall have no right,
title or interest in such Personal Data solely as a result of Your use of the iCloud service. You
agree that You are solely liable and responsible for ensuring Your compliance with all applicable
laws, including privacy and data protection laws, regarding the use or collection of data and
information through the iCloud service. You are also responsible for all activity related to such
Personal Data, including but not limited to, monitoring such data and activity, preventing and
addressing inappropriate data and activity, and removing and terminating access to data. Further,
You are responsible for safeguarding and limiting access to such Personal Data by Your
personnel and for the actions of Your personnel who are permitted access to use the iCloud
service on Your behalf. Personal Data provided by You and Your users to Apple through the
iCloud service may be used by Apple only as necessary to provide and improve the iCloud
service and to perform the following actions on Your behalf. Apple shall:
(a) use and handle such Personal Data only in accordance with the instructions and permissions
from You set forth herein, as well as applicable laws, regulations, accords, or treaties. In the EEA
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Page 62

and Switzerland, Personal Data will be handled by Apple only in accordance with the instructions
and permissions from You set forth herein unless otherwise required by European Union or
Member State Law, in which case Apple will notify You of such other legal requirement (except in
limited cases where Apple is prohibited by law from doing so);
(b) provide You with reasonable means to manage any user access, deletion, or restriction
requests as defined in applicable law. In the event of an investigation of You arising from Your
good faith use of the iCloud service by a data protection regulator or similar authority regarding
such Personal Data, Apple shall provide You with reasonable assistance and support;
(c) notify You by any reasonable means Apple selects, without undue delay and taking account of
applicable legal requirements applying to You which mandate notification within a specific
timeframe, if Apple becomes aware that Your Personal Data has been altered, deleted or lost as
a result of any unauthorized access to the Service. You are responsible for providing Apple with
Your updated contact information for such notification purposes in accordance with the terms of
this Agreement;
(d) make available to You the information necessary to demonstrate compliance obligations set
forth in Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of
27 April 2016 (GDPR) and to allow for and contribute to audits required under these provisions;
provided however that You agree that Apple’s ISO 27001 and 27018 certifications shall be
considered sufficient for such required audit purposes;
(e) assist You, by any reasonable means Apple selects, in ensuring compliance with its
obligations pursuant to Articles 33 to 36 of the GDPR. If Apple receives a third party request for
information You have stored in the iCloud service, then unless otherwise required by law or the
terms of such request, Apple will notify You of its receipt of the request and notify the requester of
the requirement to address such request to You. Unless otherwise required by law or the request,
You will be responsible for responding to the request;
(f) use industry-standard measures to safeguard Personal Data during the transfer, processing
and storage of Personal Data. Encrypted Personal Data may be stored at Apple’s geographic
discretion; and
(g) ensure that where Personal Data, arising in the context of this Agreement, is transferred from
the EEA or Switzerland it is only to a third country that ensures an adequate level of protection or
using the Model Contract Clauses/Swiss Transborder Data Flow Agreement which will be
provided to You upon request if you believe that Personal Data is being transferred.
4. Additional Liability Disclaimer. NEITHER APPLE NOR ITS SERVICE PROVIDERS

SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE, MISUSE,
RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION OR TERMINATION OF
iCLOUD, iCLOUD STORAGE APIS, OR CLOUDKIT APIS, OR FOR ANY UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, LOSS OR
FAILURE TO STORE ANY OF YOUR DATA OR ANY END-USER DATA OR ANY CLAIMS
ARISING FROM ANY USE OF THE FOREGOING BY YOUR END-USERS, INCLUDING ANY
CLAIMS REGARDING DATA PROCESSING OR INAPPROPRIATE OR UNAUTHORIZED DATA
STORAGE OR HANDLING BY YOU IN VIOLATION OF THIS AGREEMENT.
Program Agreement
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Attachment 5
(to the Agreement)
Additional Terms for Passes
The following terms are in addition to the terms of the Agreement and apply to Your development
and distribution of Passes:
1. Pass Type ID Usage and Restrictions

You may use the Pass Type ID only for purposes of digitally signing Your Pass for use with
Wallet and/or for purposes of using the APN service with Your Pass. You may distribute Your
Pass Type ID as incorporated into Your Pass in accordance with Section 2 below only so long as
such distribution is under Your own trademark or brand. To the extent that You reference a third
party’s trademark or brand within Your Pass (e.g., a store coupon for a particular good), You
represent and warrant that You have any necessary rights. You agree not to share, provide or
transfer Your Pass Type ID to any third party (except for a Service Provider and only to the
limited extent permitted herein), nor use Your Pass Type ID to sign a third party's pass.
2. Pass Distribution; Marketing Permissions
2.1 Subject to the terms of this Agreement, You may distribute Your Passes to end-users by
the web, email, or an Application. You understand that Passes must be accepted by such users
before they will be loaded into Wallet and that Passes can be removed or transferred by such
users at any time.
2.2 By distributing Your Passes in this manner, You represent and warrant to Apple that Your
Passes comply with the Documentation and Program Requirements then in effect and the terms
of this Attachment 5. Apple shall not be responsible for any costs, expenses, damages, losses
(including without limitation lost business opportunities or lost profits) or other liabilities You may
incur as a result of distributing Your Passes in this manner.
2.3 You agree to state on the Pass Your name and address, and the contact information
(telephone number; email address) to which any end-user questions, complaints, or claims with
respect to Your Pass should be directed. You will be responsible for attaching or otherwise
including, at Your discretion, any relevant end-user usage terms with Your Pass. Apple will not
be responsible for any violations of Your end-user usage terms. You will be solely responsible for
all user assistance, warranty and support of Your Pass. You may not charge any fees to end-
users in order to use Wallet to access Your Pass.
2.4 By distributing Your Passes as permitted in this Agreement, You hereby permit Apple to
use (i) screenshots of Your Pass; (ii) trademarks and logos associated with Your Pass; and (iii)
Pass Information, for promotional purposes in marketing materials and gift cards, excluding those
portions which You do not have the right to use for promotional purposes and which You identify
in writing to Apple. You also permit Apple to use images and other materials that You may
provide to Apple, at Apple’s reasonable request, for promotional purposes in marketing materials
and gift cards.
3. Additional Pass Requirements
3.1 Apple may provide You with templates to use in creating Your Passes, and You agree to
choose the relevant template for Your applicable use (e.g., You will not use the boarding pass
template for a movie ticket).
3.2 Passes may only operate and be displayed in Wallet, which is Apple's designated
container area for the Pass, through Wallet on the lock screen of a compatible Apple-branded
product in accordance with the Documentation.
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3.3. Notwithstanding anything else in Section 3.3.9 of the Agreement, with prior user consent,
You and Your Pass may share user and/or device data with Your Application so long as such
sharing is for the purpose of providing a service or function that is directly relevant to the use of
the Pass and/or Application, or to serve advertising in accordance with Sections 3.3.12 of the
Agreement.
3.4 If You would like to use embedded Near Field Communication (NFC) technology with
Your Pass, then You may request an Apple Certificate for the use of NFC with a Pass from the
Developer web portal. Apple will review Your request and may provide You with a separate
agreement for the use of such Apple Certificate. Apple reserves the right to not provide You with
such Apple Certificate.
4. Apple’s Right to Review Your Pass; Revocation. You understand and agree that
Apple reserves the right to review and approve or reject any Pass that You would like to distribute
for use by Your end-users, or that is already in use by Your end-users, at any time during the
Term of this Agreement. If requested by Apple, You agree to promptly provide such Pass to
Apple. You agree not to attempt to hide, misrepresent, mislead, or obscure any features, content,
services or functionality in Your Pass from Apple's review or otherwise hinder Apple from being
able to fully review such Pass, and, You agree to cooperate with Apple and answer questions and
provide information and materials reasonably requested by Apple regarding such Pass. If You
make any changes to Your Pass after submission to Apple, You agree to notify Apple and, if
requested by Apple, resubmit Your Pass prior to any distribution of the modified Pass to Your
end-users. Apple reserves the right to revoke Your Pass Type ID and reject Your Pass for
distribution to Your end-users for any reason and at any time in its sole discretion, even if Your
Pass meets the Documentation and Program Requirements and terms of this Attachment 5; and,
in that event, You agree that You may not distribute such Pass to Your end-users.
OR LOSSES ARISING FROM ANY USE, DISTRIBUTION, MISUSE, RELIANCE ON, INABILITY
TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF WALLET, YOUR PASS
TYPE ID, YOUR PASSES, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH,
INCLUDING BUT NOT LIMITED TO ANY LOSS OR FAILURE TO DISPLAY YOUR PASS IN
WALLET OR ANY END-USER CLAIMS ARISING FROM ANY USE OF THE FOREGOING BY
YOUR END-USERS.
Program Agreement
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Attachment 6
(to the Agreement)
Additional Terms for the use of the Apple Maps Service
Apple Maps Service in Your Application, website, or web application.
1. Use of the Maps Service
1.1 Your Application may access the Apple Maps Service only via the MapKit API, Apple
Maps Server API or through MapKit JS, and Your website or web application may access the
Apple Maps Service only via MapKit JS or Apple Maps Server API. You agree not to access the
Apple Maps Service or the Map Data other than through the MapKit API, Apple Maps Server API
or MapKit JS, as applicable, and You agree that Your use of the Apple Maps Service in Your
Applications, websites, or web applications must comply with the Program Requirements.
1.2 You will use the Apple Maps Service and Map Data only as necessary for providing
services and functionality for Your Application, website, or web application. You agree to use the
Apple Maps Service, MapKit API, Apple Maps Server API, and MapKit JS only as expressly
permitted by this Agreement (including but not limited to this Attachment 6) and the MapKit, Apple
Maps Server API, and MapKit JS Documentation, and in accordance with all applicable laws and
regulations. MapKit JS may not be used in Your website and/or application running on non-Apple
hardware for the following commercial purposes: fleet management (including dispatch), asset
tracking, enterprise route optimization, or where the primary purpose of such website and/or
application is to assess vehicle insurance risk.
1.3 You acknowledge and agree that results You receive from the Apple Maps Service may
vary from actual conditions due to variable factors that can affect the accuracy of the Map Data,
such as weather, road and traffic conditions, and geopolitical events.
2.1 Neither You nor Your Application, website or web application may remove, obscure or
alter Apple’s or its licensors’ copyright notices, trademarks, logos, or any other proprietary rights
or legal notices, documents or hyperlinks that may appear in or be provided through the Apple
Maps Service.
2.2 You will not use the Apple Maps Service in any manner that enables or permits bulk
downloads or feeds of the Map Data, or any portion thereof, or that in any way attempts to
extract, scrape or reutilize any portions of the Map Data. For example, neither You nor Your
Application may use or make available the Map Data, or any portion thereof, as part of any
secondary or derived database.
2.3 Except to the extent expressly permitted herein, You agree not to copy, modify, translate,
create a derivative work of, publish or publicly display the Map Data in any way. Further, You
may not use or compare the data provided by the Apple Maps Service for the purpose of
improving or creating another mapping service. You agree not to create or attempt to create a
substitute or similar service through use of or access to the Apple Maps Service.
2.4 Your Application, website, or web application may display the Map Data only as permitted
herein, and when displaying it on a map, You agree that it will be displayed only on an Apple map
provided through the Apple Maps Service. Further, You may not surface Map Data within Your
Application, website, or web application without displaying the corresponding Apple map (e.g., if
You surface an address result through the Apple Maps Service, You must display the
corresponding map with the address result).
Program Agreement
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2.5 Unless otherwise expressly permitted in writing by Apple, Map Data may not be cached,
pre-fetched, or stored by You or Your Application, website, or web application other than on a
temporary and limited basis solely as necessary (a) for Your use of the Apple Maps Service as
permitted herein or in the MapKit or MapKit JS Documentation, and/or (b) to improve the
performance of the Apple Maps Service with Your Application, website, or web application, after
which, in all cases, You must delete any such Map Data.
2.6 You may not charge any fees to end-users solely for access to or use of the Apple Maps
Service through Your Application, website, or web application, and You agree not to sell access
to the Apple Maps Service in any other way.
2.7 You acknowledge and agree that Apple may impose restrictions on Your usage of the
Apple Maps Service (e.g., limiting the number of transactions Your Application can make through
the MapKit API or Apple Maps Server API) or may revoke or remove Your access to the Apple
Maps Service (or any part thereof) at any time in its sole discretion. Further, You acknowledge
and agree that results You may receive from the Apple Maps Service may vary from actual
conditions due to variable factors that can affect the accuracy of Map Data, such as road or
weather conditions.
3.1 Apple may at any time, with or without prior notice to You (a) modify the Apple Maps
Service and/or the MapKit API, Apple Maps Server API or MapKit JS, including changing or
removing any feature or functionality, or (b) modify, deprecate, reissue or republish the MapKit
API, Apple Maps Server API or MapKit JS. You understand that any such modifications may
require You to change or update Your Applications, website, or web applications at Your own
cost. Apple has no express or implied obligation to provide, or continue to provide, the Apple
Maps Service and may suspend or discontinue all or any portion of the Apple Maps Service at
any time. Apple shall not be liable for any losses, damages or costs of any kind incurred by You
or any other party arising out of or related to any such service suspension or discontinuation or
any such modification of the Apple Maps Service, MapKit API, Apple Maps Server API or MapKit
JS.
3.2 The Apple Maps Service may not be available in all countries, regions, or languages, and
Apple makes no representation that the Apple Maps Service is appropriate or available for use in
any particular location. To the extent You choose to provide access to the Apple Maps Service in
Your Applications, website, or web applications or through the MapKit API, Apple Maps Server
API or MapKit JS, You do so at Your own initiative and are responsible for compliance with any
applicable laws.
4. Apple’s Right to Review Your MapKit and/or MapKit JS Implementation. You

understand and agree that Apple reserves the right to review and approve or reject Your
implementation of MapKit and/or MapKit JS in Your Application, website, or web applications, at
any time during the Term of this Agreement. If requested by Apple, You agree to promptly
provide information regarding Your implementation of MapKit and/or MapKit JS to Apple. You
agree to cooperate with Apple and answer questions and provide information and materials
reasonably requested by Apple regarding such implementation. Apple reserves the right to
revoke Your access to MapKit and/or Your MapKit JS keys and similar credentials at any time in
its sole discretion, even if Your use of MapKit and/or MapKit JS meets the Documentation and
Program Requirements and terms of this Attachment. By way of example only, Apple may do so
if Your MapKit and/or MapKit JS implementation places an excessive and undue burden on the
Apple Maps Service, obscures or removes the Apple Maps logo or embedded links when
displaying a map, or uses the Apple Maps Service with corresponding offensive or illegal map
content.
Program Agreement
Page 67

5. Additional Liability Disclaimer. NEITHER APPLE NOR ITS LICENSORS OR

SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM
ANY USE, MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION OR
TERMINATION OF THE APPLE MAPS SERVICE, INCLUDING ANY INTERRUPTIONS DUE TO
SYSTEM FAILURES, NETWORK ATTACKS, OR SCHEDULED OR UNSCHEDULED
MAINTENANCE.
Program Agreement
Page 68

Attachment 7
(to the Agreement)
Additional Terms for Safari Extensions
The following terms are in addition to the terms of the Agreement and apply to Safari Extensions
signed with an Apple Certificate:
1.1 Safari Extension Requirements

If You would like to distribute Your Safari Extension signed with an Apple Certificate, then You
agree to abide by the following requirements for such Safari Extensions, as they may be modified
by Apple from time to time:
- Your Safari Extension must not contain any malware, malicious or harmful code, or other
internal component (e.g. computer viruses, trojan horses, “backdoors”), which could damage,
destroy, or adversely affect Apple hardware, software or services, or other third party software,
firmware, hardware, data, systems, services, or networks;
- Your Safari Extensions must not be designed or marketed for the purpose of harassing,
abusing, stalking, spamming, misleading, defrauding, threatening or otherwise violating the legal
rights (such as the rights of privacy and publicity) of others. Further, You may not create a Safari
Extension that tracks the behavior of a user (e.g., their browsing sites) without their express
consent;
- Your Safari Extension must only operate in the designated container area for the Safari
Extension, and must not disable, override or otherwise interfere with any Apple-implemented
system alerts, warnings, display panels, consent panels and the like;
- Your Safari Extension must have a single purpose and updates must not change the single
purpose of Your Safari Extension. You agree to accurately represent the features and
functionality of Your Safari Extension to the user and to act in accordance with such
representations. For example, You must not redirect user searches to a different search provider
than the one previously selected by the user in Safari without their express consent. In addition,
Your Safari Extension may not redirect a link (or any affiliate link) on a website unless that
behavior is disclosed to the user. You agree not to conceal the features or functionality of Your
Safari Extension (e.g., containing obfuscated code);
- Your Safari Extension must not be bundled with an app that has a different purpose than the
Safari Extension. Your Safari Extension must not inject ads into a website and may not display
pop up ads. You must not script or automate turning on Your Safari Extension or enable others
to do so; and
- Safari Extensions must not interfere with security, user interface, user experience, features or
functionality of Safari, macOS, iOS, or other Apple-branded products.
1.2 Compliance; Certificates. Your Safari Extensions must comply with the Documentation
and all applicable laws and regulations, including those in any jurisdictions in which such Safari
Extensions may be offered or made available. You understand that Apple may revoke the Apple
Certificates used to sign Your Safari Extensions at any time, in its sole discretion. Further, You
acknowledge and agree that Apple may block Your Safari Extension (such that it may be
unavailable or inaccessible to Safari users) if it does not comply with the requirements set forth
above in this Section 1.1 or otherwise adversely affects users of Safari or Apple-branded
products.
Program Agreement
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Attachment 8
(to the Agreement)
Additional Terms for use of the WeatherKit APIs
The following terms are in addition to the terms of the Agreement and apply to any use of Apple
Weather Data and the WeatherKit APIs in Your Application or Corresponding Product. For
purposes of this Attachment, the definition of “Corresponding Products” does not require a
Licensed Application.
1. Use of Apple Weather Data and WeatherKit APIs
1.1 You agree that Your use of Apple Weather Data and WeatherKit APIs must comply with
the Program Requirements.
1.2 You may not charge any fees to end-users for access to or use of the Apple Weather
Data presented in its original form through Your Application or Corresponding Product; provided,
however, You may charge fees to end-users for Value-Added Services or Products – i.e., data,
products, and/or services, including but not limited to, Your Applications or Corresponding
Products, that You develop that are derived from Apple Weather Data, and are transformed so
that it is not possible for any end user or other third party to discover, access, reverse engineer,
or otherwise ascertain or use Apple Weather Data in the form originally supplied by Apple
(whether in whole or in part). You may not grant sublicensing rights to the WeatherKit APIs or
Apple Weather Data in their original form. You may use Apple Weather Data for internal purposes
or to create, make or display Value-Added Services or Products to Your end-users. Your end
user license terms must not permit end-users or any other third parties to reverse engineer the
WeatherKit APIs or Apple Weather Data for any purpose.
1.3 Applications or Corresponding Products that use the WeatherKit APIs may not be
designed or marketed for emergency or life-saving purposes.

1.4 Your Application or Corresponding Product may access the Apple Weather Data only
through the WeatherKit APIs. You agree that Your display of the Apple Weather Data must
comply with all applicable attribution requirements and any other specifications provided in the
Program Requirements. You may not modify, change, alter, or obscure Weather Alerts in any
way.

1.5 You may not use the WeatherKit APIs in any manner that enables or permits bulk
downloads or feeds of the Apple Weather Data, or any portion thereof, or that in any way
attempts to extract or scrape any portions of the Apple Weather Data. For example, neither You,
Your Applications, nor Your Corresponding Products may use or make available the Apple
Weather Data, or any portion thereof, as part of any secondary or derived database.
1.6 Unless otherwise expressly permitted in the Documentation, Apple Weather Data may
not be cached, pre-fetched, or stored by You, Your Application, or Your Corresponding Product
other than on a temporary and limited basis solely to improve the performance of the WeatherKit
APIs with Your Application or Corresponding Product.
2. Your Acknowledgements
You acknowledge and agree that:
2.1 The WeatherKit APIs may not be available in all countries or languages, and Apple
makes no representation that the WeatherKit APIs are appropriate or available for use in any
particular location. To the extent You choose to provide access to the Apple Weather Data in
Your Application or Corresponding Product through the WeatherKit APIs, You do so at Your own
Program Agreement
Page 70

initiative and are responsible for compliance with any applicable laws. Your use of the WeatherKit
APIs is at Your sole risk and You assume all liability arising from Your use of the WeatherKit APIs
in any part of the world, including the display of Apple Weather Data in disputed territories.
2.2 For Applications or Corresponding Products that use the WeatherKit APIs for real-time
weather guidance, You must have an end-user license agreement that includes the following
notice: YOUR USE OF THIS REAL TIME WEATHER GUIDANCE APPLICATION OR WEBSITE
IS AT YOUR SOLE RISK. WEATHER DATA MAY NOT BE ACCURATE. Apple Weather Data
may vary from actual conditions due to variable factors, such as signal issues and geopolitical
events, that can affect the accuracy of Apple Weather Data.
3. Compliance
3.1 If requested by Apple, You agree to promptly provide information regarding Your
implementation of the WeatherKit APIs to Apple, as needed to determine Your compliance with
these requirements.
3.2 While in no way limiting Apple’s other rights under this Agreement, Apple reserves the
right to take action if in its sole discretion, Apple determines or has reason to believe You have
violated a term of this Agreement. These actions may include limiting, suspending, or revoking
Your access to Apple Weather Data and WeatherKit APIs.
4. Additional Liability Disclaimer. NEITHER APPLE NOR ITS LICENSORS OR

SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM
ANY USE, MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION OR
TERMINATION OF THE WEATHERKIT APIS, INCLUDING ANY INTERRUPTIONS DUE TO
SYSTEM FAILURES, NETWORK ATTACKS, OR SCHEDULED OR UNSCHEDULED
MAINTENANCE.
5. Indemnification. Without limiting Apple’s other rights under this Agreement, You agree
to indemnify and hold harmless an Apple Indemnified Party from any and all Losses incurred by
an Apple Indemnified Party arising from or related to any claim that Your use of the WeatherKit
APIs does not comply with local mapping laws or other applicable laws.
Program Agreement
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Attachment 9
(to the Agreement)
Additional Terms for Subscriptions Purchased Through the Apple Developer App
Through the Apple Developer app, You may be able to pay for Program fees, and, as a Program
member, purchase and use other subscriptions. For this Attachment 9 only, “Apple” means:
- Apple Inc., located at One Apple Park Way, Cupertino, California, if You are located in
the United States, including Puerto Rico;
- Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8,
Canada if You are located in Canada;
- Apple Services LATAM LLC, located at 1 Alhambra Plaza, Ste 700 Coral Gables, Florida,
if You are located in Mexico, Central or South America, or any Caribbean country or
territory (excluding Puerto Rico);
- iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140,
Tokyo if You are located in Japan;
- Apple Pty Limited, located at Level 3, 20 Martin Place, Sydney NSW 2000, Australia, if
You are located in Australia or New Zealand, including in any of their territories or
affiliated jurisdictions; and
- Apple Distribution International Ltd., located at Hollyhill Industrial Estate, Hollyhill, Cork,
Republic of Ireland, if You are located anywhere else.
Subscriptions automatically renew until cancelled in Your account holder’s account settings.
Charges occur no more than twenty-four (24) hours prior to the renewal date. To learn more
about cancelling subscriptions, visit https://support.apple.com/HT202039.
Apple will charge Your account holder’s selected payment method for any subscription, including
any taxes. If Your account holder has also added it to their Apple Wallet, Apple may charge their
selected payment method in Apple Wallet using Apple Pay. Your account holder can associate
multiple payment methods with their Apple ID, and You agree Apple may store and charge them.
The primary payment method appears at the top of the account settings payments page.
If the primary payment method cannot be charged for any reason, You authorize Apple to attempt
to charge Your account holder’s other eligible payment methods from top to bottom as they
appear on the account settings payments page. If Apple cannot charge Your account holder, You
remain responsible for any uncollected amounts, and Apple may attempt to charge again or
request another payment method. This may change the date on which billing occurs. As
permitted by law, Apple may automatically update payment information if it is provided by the
payment networks or financial institutions.
Program membership includes up to 500,000 WeatherKit API calls per month. If You purchase a
subscription for WeatherKit API calls, for the duration of the subscription it will replace the
WeatherKit API calls included with Program membership.
Through December 31, 2023, Program members are also eligible to use up to twenty-five (25)
Xcode Cloud compute hours per month. If You purchase a subscription for Xcode Cloud
compute hours, for the duration of the subscription it will replace the Xcode Cloud compute hours
per month that You are eligible to use though December 31, 2023. Apple reserves the right to
onboard You to Xcode Cloud, or to provide You the opportunity to purchase a subscription to
Xcode Cloud compute hours, as capacity permits. If You cancel and opt out of using Xcode
Cloud immediately, Your account holder can contact Apple Support to request a refund.
Subscription upgrades take effect immediately and a refund will be provided based on the time
remaining in the month for the original subscription. Downgrades or cancellations of a
subscription take effect at the next billing date. Apple reserves the right to calculate or deny
requests for refunds based on usage of WeatherKit API calls or Xcode Cloud compute hours.
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Schedule 1
1. Appointment of Agent
1.1 You hereby appoint Apple and Apple Subsidiaries (collectively “Apple”) as: (i) Your agent
for the marketing and delivery of the Licensed Applications to end-users located in those regions
listed on Exhibit A, Section 1 to this Schedule 1, subject to change; and (ii) Your commissionaire
for the marketing and delivery of the Licensed Applications to end-users located in those regions
listed on Exhibit A, Section 2 to this Schedule 1, subject to change, during the Delivery Period.
The most current list of App Store regions among which You may select shall be set forth in the
App Store Connect tool and the Custom App Distribution Site and may be updated by Apple from
time to time. You hereby acknowledge that Apple will market and make the Licensed
Applications available for download by end-users, through one or more App Stores or the Custom
App Distribution Site, for You and on Your behalf. For purposes of this Schedule 1, the following
terms apply:
“Custom App” or “Custom Application” means a Licensed Application custom developed by You
for use by specific organizations or third-party business customers, including proprietary Licensed
Applications developed for Your organization’s internal use.
(a) “You” shall include App Store Connect users authorized by You to submit Licensed
Applications and associated metadata on Your behalf; and
(b) “end-user” includes individual purchasers as well as eligible users associated with their
account via Family Sharing or Legacy Contacts. For institutional customers, “end-user” shall
mean the individual authorized to use the Licensed Application, the institutional administrator
responsible for management of installations on shared devices, as well as authorized institutional
purchasers themselves, including educational institutions approved by Apple, which may acquire
the Licensed Applications for use by their employees, agents, and affiliates.
(c) For the purposes of this Schedule 1, the term “Licensed Application” shall include any content,
functionality, extensions, stickers, or services offered in the software application.
“Volume Content Service” means an Apple service that offers the ability to obtain Custom
Applications and make purchases of Licensed Applications in bulk subject to the Volume Content
Terms, conditions, and requirements.
1.2 In furtherance of Apple’s appointment under Section 1.1 of this Schedule 1, You hereby
authorize and instruct Apple to:
(a) market, solicit and obtain orders on Your behalf for Licensed Applications from end-users
located in the regions identified by You in the App Store Connect tool;
(b) provide hosting services to You subject to the terms of the Agreement, in order to allow for the
storage of, and end-user access to, the Licensed Applications and to enable third party hosting of
such Licensed Applications solely as otherwise licensed or authorized by Apple;
(c) make copies of, format, and otherwise prepare Licensed Applications for acquisition and
download by end-users, including adding the Security Solution and other optimizations identified
in the Agreement;
(d) allow or, in the case of cross-border assignments of certain purchases, arrange for end-users
to access and re-access copies of the Licensed Applications, so that end-users may acquire from
You and electronically download those Licensed Applications, Licensed Application Information,
and associated metadata through one or more App Stores or the Custom App Distribution Site. In
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addition, You hereby authorize distribution of Your Licensed Applications under this Schedule 1
for use by: (i) end-users with accounts associated with another end-user’s account via Family
Sharing; (ii) eligible Legacy Contacts of an end-user to access Your Licensed Application along
with associated information and metadata stored in iCloud as described in
https://support.apple.com/kb/HT212360; (iii) multiple end users under a single Apple ID when the
Licensed Application is provided to such end-users through Apple Configurator in accordance
with the Apple Configurator software license agreement; and (iv) a single institutional customer
via Custom App Distribution for use by its end-users and/or for installation on devices with no
associated Apple IDs that are owned or controlled by that institutional customer in accordance
with the Volume Content Terms, conditions, and program requirements;
(e) use (i) screenshots, previews, and/or up to 30 second excerpts of the Licensed Applications;
(ii) trademarks and logos associated with the Licensed Applications; and (iii) Licensed Application
Information, for promotional purposes in marketing materials and gift cards and in connection with
vehicle displays, excluding those portions of the Licensed Applications, trademarks or logos, or
Licensed Application Information which You do not have the right to use for promotional
purposes, and which You identify in writing at the time that the Licensed Applications are
delivered by You to Apple under Section 2.1 of this Schedule 1, and use images and other
materials that You may provide to Apple, at Apple’s reasonable request, for promotional purposes
in marketing materials and gift cards and in connection with vehicle displays. In addition, and
subject to the limitation set forth above, You agree that Apple may use screenshots, icons, and
up to 30 second excerpts of Your Licensed Applications for use at Apple Developer events (e.g.,
WWDC, Tech Talks) and in developer documentation;
(f) otherwise use Licensed Applications, Licensed Application Information and associated
metadata as may be reasonably necessary in the marketing and delivery of the Licensed
Applications in accordance with this Schedule 1. You agree that no royalty or other compensation
is payable for the rights described above in Section 1.2 of this Schedule 1; and
(g) facilitate distribution of pre-release versions of Your Licensed Applications (“Beta Testing”) to
end-users designated by You in accordance with the Agreement, availability, and other program
requirements as updated from time to time in the App Store Connect tool. For the purposes of
such Beta Testing, You hereby waive any right to collect any purchase price, proceeds or other
remuneration for the distribution and download of such pre-release versions of Your Licensed
Application. You further agree that You shall remain responsible for the payment of any royalties
or other payments to third parties relating to the distribution and user of Your pre-release
Licensed Applications, as well as compliance with any and all laws for territories in which such
Beta Testing takes place. For the sake of clarity, no commission shall be owed to Apple with
respect to such distribution.
1.3 The parties acknowledge and agree that their relationship under this Schedule 1 is, and
shall be, that of principal and agent, or principal and commissionaire, as the case may be, as
described in Exhibit A, Section 1 and Exhibit A, Section 2 respectively, and that You, as principal,
are, and shall be, solely responsible for any and all claims and liabilities involving or relating to,
the Licensed Applications, as provided in this Schedule 1. The parties acknowledge and agree
that Your appointment of Apple as Your agent or commissionaire, as the case may be, under this
Schedule 1 is non-exclusive. You hereby represent and warrant that You own or control the
necessary rights in order to appoint Apple and Apple Subsidiaries as Your worldwide agent
and/or commissionaire for the delivery of Your Licensed Applications, and that the fulfillment of
such appointment by Apple and Apple Subsidiaries shall not violate or infringe the rights of any
third party.
1.4 For purposes of this Schedule 1, the “Delivery Period” shall mean the period beginning
on the Effective Date of the Agreement, and expiring on the last day of the Agreement or any
renewal thereof; provided, however, that Apple’s appointment as Your agent shall survive
expiration of the Agreement for a reasonable phase-out period not to exceed thirty (30) days and
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further provided that, solely with respect to Your end-users, subsections 1.2(b), (c), and (d) of this
Schedule 1 shall survive termination or expiration of the Agreement unless You indicate
otherwise pursuant to sections 4.1 and 6.2 of this Schedule 1.
1.5 All of the Licensed Applications delivered by You to Apple under Section 2.1 of this
Schedule 1 shall be made available by Apple for download by end-users at no charge. Apple
shall have no duty to collect any fees for the Licensed Applications for any end-user and shall
have no payment obligation to You with respect to any of those Licensed Applications under this
Schedule 1. In the event that You intend to charge end-users a fee for any Licensed Application
or In-App Purchase, You must enter (or have previously entered) into a separate extension of this
agreement (Schedule 2) with Apple with respect to that Licensed Application. In the event that
You intend to charge end-users a fee for any Custom Apps, You must enter (or have previously
entered) into a separate extension of this agreement (Schedule 3) with Apple with respect to that
Custom App.
2. Delivery of the Licensed Applications to Apple
2.1 You will deliver to Apple, at Your sole expense, using the App Store Connect tool or other
mechanism provided by Apple, the Licensed Applications, Licensed Application Information and
associated metadata, in a format and manner prescribed by Apple, as required for the delivery of
the Licensed Applications to end-users in accordance with this Schedule 1. Metadata You deliver
to Apple under this Schedule 1 will include: (i) the title and version number of each of the
Licensed Applications; (ii) the regions You designate, in which You wish Apple to allow end-users
to download those Licensed Applications; (iii) the end-users You designate as authorized
downloaders of the Custom App; (iv) any copyright or other intellectual property rights notices; (v)
Your privacy policy; (vi) Your end-user license agreement (“EULA”), if any, in accordance with
Section 3.2 of this Schedule 1; and (vii) any additional metadata set forth in the Documentation
and/or the App Store Connect Tool as may be updated from time to time, including metadata
designed to enhance search and discovery for content on Apple-branded hardware.
2.2 All Licensed Applications will be delivered by You to Apple using software tools, a secure
FTP site address and/or such other delivery methods as prescribed by Apple.
2.3 You hereby certify that all of the Licensed Applications You deliver to Apple under this
Schedule 1 are authorized for export from the United States to each of the regions designated by
You under Section 2.1 hereof, in accordance with the requirements of all applicable laws,
including but not limited to the United States Export Administration Regulations, 15 C.F.R. Parts
730-774. You further represent and warrant that all versions of the Licensed Applications You
deliver to Apple are not subject to the International Traffic in Arms Regulations 22 C.F.R. Parts
120-130 and are not designed, made, modified or configured for any military end users or end
uses as defined and scoped in 15 C.F.R § 744. Without limiting the generality of this Section 2.3,
You certify that (i) none of the Licensed Applications contains, uses or supports any data
encryption or cryptographic functions; or (ii) in the event that any Licensed Application contains,
uses or supports any such data encryption or cryptographic functionality, You certify that You
have complied with the United States Export Administration Regulations, and are in possession
of, and will, upon request, provide Apple with PDF copies of export classification ruling (CCATS)
issued by the United States Commerce Department, Bureau of Industry and Security (“BIS”) or
any self-classification reports submitted to the BIS, and appropriate authorizations from other
regions that mandate import authorizations for that Licensed Application, as required. You
acknowledge that Apple is relying upon Your certification in this Section 2.3 in allowing end-users
to access and download the Licensed Applications under this Schedule 1. Except as provided in
this Section 2.3, Apple will be responsible for compliance with the requirements of the Export
Administration Regulations in allowing end-users to access and download the Licensed
Applications under this Schedule 1.
2.4 You shall be responsible for determining and implementing any age ratings or parental
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advisory warnings required by the applicable government regulations, ratings board(s), service(s),
or other organizations (each a “Ratings Board”) for any video, television, gaming or other content
offered in Your Licensed Application for each locality in the Territory. Where applicable, you shall
also be responsible for providing any content restriction tools or age verification functionality
before enabling end-users to access mature or otherwise regulated content within Your Licensed
Application.
3. Ownership and End-User Licensing and Delivery of the Licensed Applications to

End Users
3.1 You acknowledge and agree that Apple, in the course of acting as agent and/or
commissionaire for You, is hosting, or pursuant to Section 1.2(b) of this Schedule 1 may enable
authorized third parties to host, the Licensed Application(s), and is allowing the download of those
Licensed Application(s) by end-users, on Your behalf. However, You are responsible for hosting
and delivering content or services sold or delivered by You using the In-App Purchase API,
except for content that is included within the Licensed Application itself (i.e., the In-App Purchase
simply unlocks the content) or content hosted by Apple pursuant to Section 3.3 of Attachment 2 of
the Agreement. The parties acknowledge and agree that Apple shall not acquire any ownership
interest in or to any of the Licensed Applications or Licensed Applications Information, and title,
risk of loss, responsibility for, and control over the Licensed Applications shall, at all times, remain
with You. Apple may not use any of the Licensed Applications or Licensed Application
Information for any purpose, or in any manner, except as specifically authorized in the Agreement
or this Schedule 1.
3.2 You may deliver to Apple Your own EULA for any Licensed Application at the time that
You deliver that Licensed Application to Apple, in accordance with Section 2.1 of this Schedule 1;
provided, however, that Your EULA must include and may not be inconsistent with the minimum
terms and conditions specified on Exhibit B to this Schedule 1 and must comply with all
applicable laws in all regions where You wish Apple to allow end-users to download that Licensed
Application. Apple shall enable each end-user to review Your EULA (if any) at the time that Apple
delivers that Licensed Application to that end-user, and Apple shall notify each end-user that the
end-user’s use of that Licensed Application is subject to the terms and conditions of Your EULA
(if any). In the event that You do not furnish Your own EULA for any Licensed Application to
Apple, You acknowledge and agree that each end-user’s use of that Licensed Application shall
be subject to Apple’s standard EULA (which is part of the App Store Terms of Service).
3.3 You hereby acknowledge that the EULA for each of the Licensed Applications is solely
between You and the end-user and conforms to applicable law, and Apple shall not be
responsible for, and shall not have any liability whatsoever under, any EULA or any breach by
You or any end-user of any of the terms and conditions of any EULA.
3.4 A Licensed Application may read or play content (magazines, newspapers, books, audio,
music, video) that is offered outside of the Licensed Application (such as, by way of example,
through Your website) provided that You do not link to or market external offers for such content
within the Licensed Application. You are responsible for authentication access to content
acquired outside of the Licensed Application.
3.5 To the extent You promote and offer in-app subscriptions, You must do so in compliance
with all legal and regulatory requirements.
3.6 If Your Licensed Application is periodical content-based (e.g., magazines and

newspapers), Apple may provide You with the name, email address, and zip code associated
with an end-user’s account when they request an auto-renewing subscription via the In-App
Purchase API, provided that such user consents to the provision of data to You, and further
provided that You may only use such data to promote Your own products and do so in strict
compliance with Your publicly posted Privacy Policy, a copy of which must be readily viewed and
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is consented to in Your Licensed Application.
4. Content Restrictions and Software Rating
4.1 You represent and warrant that: (a) You have the right to enter into this Agreement, to
reproduce and distribute each of the Licensed Applications, and to authorize Apple to permit end-
users to download and use each of the Licensed Applications through one or more App Stores or
the Custom App Distribution Site; (b) none of the Licensed Applications, or Apple’s or end-users’
permitted uses of those Licensed Applications, violate or infringe any patent, copyright,
trademark, trade secret or other intellectual property or contractual rights of any other person,
firm, corporation or other entity and that You are not submitting the Licensed Applications to
Apple on behalf of one or more third parties; (c) none of the Custom Apps, or Apple’s or end-
users’ permitted uses of those Custom Apps, violate or infringe any patent, copyright, trademark,
trade secret or other intellectual property or contractual rights of any other person, firm,
corporation or other entity and that You are not submitting the Custom Apps to Apple on behalf of
one or more third parties other than under license grant from one or more third parties subject to
Apple’s Volume Content Terms and/or Custom App Distribution; (d) each of the Licensed
Applications is authorized for distribution, sale and use in, export to, and import into each of the
regions designated by You under Section 2.1 of this Schedule 1, in accordance with the laws and
regulations of those regions and all applicable export/import regulations; (e) none of the Licensed
Applications contains any obscene, offensive or other materials that are prohibited or restricted
under the laws or regulations of any of the regions You designate under Section 2.1 of this
Schedule 1; (f) all information You provide using the App Store Connect tool, including any
information relating to the Licensed Applications, is accurate and that, if any such information
ceases to be accurate, You will promptly update it to be accurate using the App Store Connect
tool; and (g) in the event a dispute arises over the content of Your Licensed Applications or use of
Your intellectual property on the App Store or the Custom App Distribution Site, You agree to
permit Apple to share Your contact information with the party filing such dispute and to follow
Apple’s app dispute process on a non-exclusive basis and without any party waiving its legal
rights.
4.2 You shall use the software rating tool set forth on App Store Connect to supply
information regarding each of the Licensed Applications delivered by You for marketing and
fulfillment by Apple through the App Store or the Custom App Distribution Site under this
Schedule 1 in order to assign a rating to each such Licensed Application. For purposes of
assigning a rating to each of the Licensed Applications, You shall use Your best efforts to provide
correct and complete information about the content of that Licensed Application with the software
rating tool. You acknowledge and agree that Apple is relying on: (i) Your good faith and diligence
in accurately and completely providing the requested information for each Licensed Application;
and (ii) Your representations and warranties in Section 4.1 hereof, in making that Licensed
Application available for download by end-users in each of the regions You designate hereunder.
Furthermore, You authorize Apple to correct the rating of any Licensed Application of Yours that
has been assigned an incorrect rating; and You agree to any such corrected rating.
4.3 In the event that any region You designate hereunder requires the approval of, or rating
of, any Licensed Application by any government or industry regulatory agency as a condition for
the distribution and/or use of that Licensed Application, You acknowledge and agree that Apple
may elect not to make that Licensed Application available for download by end-users in that
region from any App Stores or the Custom App Distribution Site.
5. Responsibility and Liability
5.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed
Applications by any end-user. You shall be solely responsible for any and all product warranties,
end-user assistance and product support with respect to each of the Licensed Applications.
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5.2 You shall be solely responsible for, and Apple shall have no responsibility or liability
whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and
expenses arising from, or attributable to, the Licensed Applications and/or the use of those
Licensed Applications by any end-user, including, but not limited to: (i) claims of breach of
warranty, whether specified in the EULA or established under applicable law; (ii) product liability
claims; and (iii) claims that any of the Licensed Applications and/or the end-user’s possession or
use of those Licensed Applications infringes the copyright or other intellectual property rights of
any third party.
6. Termination
6.1 This Schedule 1, and all of Apple’s obligations hereunder, shall terminate upon the
expiration or termination of the Agreement.
6.2 In the event that You no longer have the legal right to distribute the Licensed
Applications, or to authorize Apple to allow access to those Licensed Applications by end-users,
in accordance with this Schedule 1, You shall promptly notify Apple and withdraw those Licensed
Applications from the App Store or the Custom App Distribution Site using the tools provided on
the App Store Connect site; provided, however, that such withdrawal by You under this Section
6.2 shall not relieve You of any of Your obligations to Apple under this Schedule 1, or any liability
to Apple and/or any end-user with respect to those Licensed Applications.
6.3 Apple reserves the right to cease marketing, offering, and allowing download by end-
users of the Licensed Applications at any time, with or without cause, by providing notice of
termination to You. Without limiting the generality of this Section 6.3, You acknowledge that
Apple may cease allowing download by end-users of some or all of the Licensed Applications, or
take other interim measures in Apple’s sole discretion, if Apple reasonably believes that: (i) those
Licensed Applications are not authorized for export to one or more of the regions designated by
You under Section 2.1 hereof, in accordance with the Export Administration Regulations or other
restrictions; (ii) those Licensed Applications and/or any end-user’s possession and/or use of
those Licensed Applications, infringe patent, copyright, trademark, trade secret or other
intellectual property rights of any third party; (iii) the distribution and/or use of those Licensed
Applications violates any applicable law in any region You designate under Section 2.1 of this
Schedule 1; (iv) You have violated the terms of the Agreement, this Schedule 1, or other
documentation including without limitation the App Store Review Guidelines; or (v) You or anyone
representing You or Your company are subject to sanctions of any region in which Apple
operates. An election by Apple to cease allowing download of any Licensed Applications,
pursuant to this Section 6.3, shall not relieve You of Your obligations under this Schedule 1.
6.4 You may withdraw any or all of the Licensed Applications from the App Store or the
Custom App Distribution Site, at any time, and for any reason, by using the tools provided on the
App Store Connect site, except that, with respect to Your end-users, You hereby authorize and
instruct Apple to fulfill sections 1.2(b), (c), and (d) of this Schedule 1, which shall survive
termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 4.1
and 6.2 of this Schedule 1.
7. Legal Consequences
The relationship between You and Apple established by this Schedule 1 may have important
legal consequences for You. You acknowledge and agree that it is Your responsibility to consult
with Your legal advisors with respect to Your legal obligations hereunder.
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EXHIBIT A
(to Schedule 1)
1. Apple as Agent
You appoint Apple Canada, Inc. (“Apple Canada”) as Your agent for the marketing and end-user
download of the Licensed Applications by end-users located in the following region:
Canada
You appoint Apple Pty Limited (“APL”) as Your agent for the marketing and end-user download of
the Licensed Applications by end-users located in the following regions:
Australia
New Zealand
You appoint Apple Inc. as Your agent pursuant to California Civil Code §§ 2295 et seq. for the
marketing and end-user download of the Licensed Applications by end-users located in the
following regions:
United States
You appoint Apple Services LATAM LLC as Your agent pursuant to California Civil Code §§ 2295
et seq. for the marketing and end-user download of the Licensed by end-users located in the
following regions:
Argentina* Cayman Islands Guatemala* St. Kitts & Nevis

Anguilla Chile* Honduras* St. Lucia
Antigua & Barbuda Colombia* Jamaica St. Vincent & The
Grenadines
Bahamas Costa Rica* Mexico* Suriname
Barbados Dominica Montserrat Trinidad & Tobago
Belize Dominican Nicaragua* Turks & Caicos
Republic*
Bermuda Ecuador* Panama* Uruguay
Bolivia* El Salvador* Paraguay* Venezuela*
Brazil* Grenada Peru*
British Virgin Islands Guyana
* Custom Applications are only available in these regions.
You appoint iTunes KK as Your agent pursuant to Article 643 of the Japanese Civil Code for the
marketing and end-user download of the Licensed Applications by end-users located in the
following region:
Japan
2. Apple as Commissionaire
You appoint Apple Distribution International Ltd. as Your commissionaire for the marketing and
end-user download of the Licensed Applications by end-users located in the following regions, as
updated from time to time via the App Store Connect site. For the purposes of this Agreement,
“commissionaire” means an agent who purports to act on their own behalf and concludes
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agreements in his own name but acts on behalf of other persons, as generally recognized in
many Civil Law legal systems
Afghanistan Gabon Malawi Saudi Arabia*

Albania Gambia Malaysia* Senegal
Algeria Georgia Maldives Serbia
Angola Germany* Mali Seychelles
Armenia Ghana Malta, Republic of* Sierra Leone
Austria Greece* Mauritania Singapore*
Azerbaijan Guinea-Bissau Mauritius Slovakia*
Bahrain* Hong Kong* Micronesia, Fed States of Slovenia*
Belarus Hungary Moldova Solomon Islands
Belgium* Iceland* Mongolia South Africa
Benin India Montenegro Spain*
Bhutan Indonesia Morocco Sri Lanka
Bosnia and Iraq Mozambique Swaziland
Herzegovina
Botswana Ireland* Myanmar Sweden*
Brunei Israel* Namibia Switzerland*
Bulgaria* Italy* Nauru Taiwan*
Burkina-Faso Jordan Nepal Tajikistan
Cambodia Kazakhstan Netherlands* Tanzania
Cameroon Kenya Niger Thailand*
Cape Verde Korea* Nigeria Tonga
Chad Kosovo Norway* Tunisia
China* Kuwait Oman Turkey*
Congo (Democratic Kyrgyzstan Pakistan Turkmenistan
Republic of)
Congo (Republic of) Laos Palau UAE*
Cote d’Ivoire Latvia* Papua New Guinea Uganda
Croatia Lebanon Philippines* Ukraine*
Cyprus* Liberia Poland United Kingdom*
Czech Republic Libya Portugal Uzbekistan
Denmark* Lithuania* Qatar* Vanuatu
Egypt* Luxembourg* Romania* Vietnam*
Estonia* Macau Russia* Yemen
Fiji Macedonia Rwanda Zambia
Finland* Madagascar Sao Tome e Principe Zimbabwe
France*
*Custom Applications are only available in these regions.
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EXHIBIT B
(to Schedule 1)
Instructions for Minimum Terms of Developer’s
End-User License Agreement
1. Acknowledgement: You and the end-user must acknowledge that the EULA is
concluded between You and the end-user only, and not with Apple, and You, not Apple, are
solely responsible for the Licensed Application and the content thereof. The EULA may not
provide for usage rules for Licensed Applications that are in conflict with, the Apple Media
Services Terms and Conditions or the Volume Content Terms as of the Effective Date (which You
acknowledge You have had the opportunity to review).
2. Scope of License: The license granted to the end-user for the Licensed Application
must be limited to a non-transferable license to use the Licensed Application on any Apple-
branded Products that the end-user owns or controls and as permitted by the Usage Rules set
forth in the Apple Media Services Terms and Conditions, except that such Licensed Application
may be accessed, acquired, and used by other accounts associated with the purchaser via
Family Sharing, volume purchasing, or Legacy Contacts.
3. Maintenance and Support: You must be solely responsible for providing any
maintenance and support services with respect to the Licensed Application, as specified in the
EULA, or as required under applicable law. You and the end-user must acknowledge that Apple
has no obligation whatsoever to furnish any maintenance and support services with respect to the
4. Warranty: You must be solely responsible for any product warranties, whether express
or implied by law, to the extent not effectively disclaimed. The EULA must provide that, in the
event of any failure of the Licensed Application to conform to any applicable warranty, the end-
user may notify Apple, and Apple will refund the purchase price for the Licensed Application to
that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no
other warranty obligation whatsoever with respect to the Licensed Application, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any
warranty will be Your sole responsibility.
5. Product Claims: You and the end-user must acknowledge that You, not Apple, are
responsible for addressing any claims of the end-user or any third party relating to the Licensed
Application or the end-user’s possession and/or use of that Licensed Application, including, but
not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to
conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation, including in connection with Your Licensed or Custom
Application’s use of the HealthKit and HomeKit frameworks. The EULA may not limit Your liability
to the end-user beyond what is permitted by applicable law.
6. Intellectual Property Rights: You and the end-user must acknowledge that, in the
event of any third party claim that the Licensed Application or the end-user’s possession and use
of that Licensed Application infringes that third party’s intellectual property rights, You, not Apple,
will be solely responsible for the investigation, defense, settlement and discharge of any such
intellectual property infringement claim.
7. Legal Compliance: The end-user must represent and warrant that (i) the end-user is not
located in a region that is subject to a U.S. Government embargo, or that has been designated by
the U.S. Government as a “terrorist supporting” region; and (ii) the end-user is not listed on any
U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: You must state in the EULA Your name and address,
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and the contact information (telephone number; E-mail address) to which any end-user questions,
complaints or claims with respect to the Licensed Application should be directed.
9. Third Party Terms of Agreement: You must state in the EULA that the end-user must
comply with applicable third party terms of agreement when using Your Application, e.g., if You
have a VoIP application, then the end-user must not be in violation of their wireless data service
agreement when using Your Application.
10. Third Party Beneficiary: You and the end-user must acknowledge and agree that
Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-
user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be
deemed to have accepted the right) to enforce the EULA against the end-user as a third party
beneficiary thereof.

EXHIBIT C
(to Schedule 1)
App Store Promo Codes Terms
Notwithstanding any other provisions of the Agreement or this Schedule 1, You hereby agree that
the following terms shall apply to all App Store Promo Codes (“Promo Codes”) requested by You
via the App Store Connect tool. For the purposes of this Exhibit C, “You” shall include additional
members of Your App Store Connect team (e.g., individuals in the marketing and technical roles).
Except as otherwise expressed in writing herein, nothing in this Exhibit C shall be construed to
modify the Agreement or this Schedule 1 in any way, and all capitalized terms not defined below
shall have the meanings set forth in the Program Agreement.
1. DEFINITIONS:
“Holder” means an individual located in a Territory to whom You provide one or more Promo
Codes;
“Promo Code” means a unique alphanumeric code generated and provided to You by Apple
pursuant to this Exhibit C which allows a Holder who is an App Store customer to download or
access for free from the App Store the Licensed Application for which You have requested such
code via the App Store Connect tool, whether offered for free or for a fee on the App Store (the
“Promo Content”); and
“Effective Period” means the period between the Promo Code Activation Date and the Promo
Code Expiration Date.
2. AUTHORIZATION AND OBLIGATIONS: You hereby authorize and instruct Apple to

provide You with Promo Codes upon request, pursuant to the terms of this Exhibit C, and You
take full responsibility for ensuring that any team member that requests such codes shall abide by
the terms of this Exhibit C. You shall be responsible for securing all necessary licenses and
permissions relating to use of the Promo Codes and the Licensed Application, including any uses
by You of the name(s) or other indicia of the Licensed Application, or name(s) or likenesses of the
person(s) performing or otherwise featured in the Licensed Application, in any advertising,
marketing, or other promotional materials, in any and all media. Apple reserves the right to
request and receive copies of such licenses and permissions from You, at any time, during the
Effective Period.
3. NO PAYMENT: Except for Your obligations set forth in Section 10 of this Exhibit C, You
are not obligated to pay Apple any commission for the Promo Codes.
4. DELIVERY: Upon request by You via the App Store Connect tool, Apple shall provide the
Promo Codes electronically to You via App Store Connect, email, or other method as may be
indicated by Apple.
5. PROMO CODE ACTIVATION DATE: Promo Codes will become active for use by
Holders upon delivery to You.
6. PROMO CODE EXPIRATION DATE: All unused Promo Codes, whether or not applied to
an Apple ID, expire at midnight 11:59 PT on the earlier of: (a) the date that is twenty-eight (28)
days after the delivery of the Promo Codes; or (b) the termination of the Agreement.
7. PERMITTED USE: You may distribute the Promo Codes until that date which is ten (10)
calendar days prior to the Promo Code Expiration Date solely for the purpose of offering
instances of the app for media review or promotional purposes. You may not distribute the

Promo Codes to Holders in any Territory in which You are not permitted to sell or distribute Your
8. ADDITIONAL MATERIALS: Apple shall not be responsible for developing and

producing any materials in relation to the Promo Codes other than the Promo Codes themselves.
9. REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION: You represent and

warrant that: (i) You own or control all rights necessary to make the grant of rights, licenses, and
permissions listed in Section 2, and that the exercise of such rights, licenses, and permissions
shall not violate or infringe the rights of any third party, and (ii) any use of the Promo Codes shall
be in accordance with the terms of this Exhibit C and shall not infringe any third party rights or
violate any applicable laws, directives, rules, and regulations of any governmental authority in the
Territory or anywhere else in the world. You agree to indemnify and hold Apple, its subsidiaries
and affiliates (and their respective directors, officers, and employees) harmless from all losses,
liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) resulting from
any claims, demands, actions, or other proceedings arising from a breach of the representations
and warranties set for h in this Section, or a breach of any other term of the Agreement and this
Schedule 1.
10. PAYMENT WAIVER: You hereby waive any right to collect any royalties, proceeds, or
remuneration for the distribution and download of the Licensed Application via the Promo Codes,
regardless of whether any remuneration would otherwise be payable under the Agreement,
including Schedule 1 thereto, if applicable. The parties acknowledge that, as between Apple and
You, the parties’ respective responsibilities for the payment of any royalties or other similar
payments to third parties with respect to distribution and download of the Licensed Application via
the Promo Codes shall be as set forth in the Agreement.
11. TERMS AND CONDITIONS: You further agree to the following terms:
(a) You shall not sell the Promo Codes or accept any form of payment, trade-in-kind, or other
compensation in connection with the distribution of the Promo Codes and You shall prohibit third
parties from doing so.
(b) Nothing in this Exhibit C shall cause the parties to become partners, joint venturers or co-
owners, nor shall either party constitute an agent, employee, or representative of the other, or
empower the other party to act for, bind, or otherwise create or assume any obligation on its
behalf, in connection with any transaction under this Exhibit C; provided, however, that nothing in
this Section 11(b) shall affect, impair, or modify either of the Parties’ respective rights and
obligations, including the agency or commissionaire relationship between them under Schedules
1, 2, and 3 of the Agreement.
(c) You shall prominently disclose any content age restrictions or warnings legally required in the
Territories and ensure that Promo Codes are distributed only to persons of an age appropriate
and consistent with the App Store rating for the associated Licensed Application.
(d) You shall conduct Yourself in an honest and ethical manner and shall not make any
statement, orally or in writing, or do any act or engage in any activity that is obscene, unlawful, or
encourages unlawful or dangerous conduct, or that may disparage, denigrate, or be detrimental
to Apple or its business.
(e) Apple shall not be responsible for providing any technical or customer support to You or
Holders above what Apple provides to standard or ordinary App Store users.
(f) You agree to the additional Promo Code Terms and Conditions attached hereto as Attachment
1.

(g) YOU SHALL INCLUDE THE REGION SPECIFIC HOLDER TERMS & CONDITIONS AS
WELL AS THE EXPIRATION DATE OF THE PROMO CODE ON ANY INSTRUMENT USED TO
DISTRIBUTE THE PROMO CODE TO HOLDERS (E.G., CERTIFICATE, CARD, EMAIL, ETC).
YOU MAY ACCESS THIS INFORMATION LOCALIZED FOR EACH TERRITORY UPON
REQUESTING THE PROMO CODES IN THE APP STORE CONNECT TOOL.
(h) You shall be solely responsible for Your use of the Promo Codes, including any use by other
members of Your App Store Connect team, and for any loss or liability to You or Apple therefrom.
(i) In the event Your Licensed Application is removed from the App Store for any reason, You
agree to cease distribution of the Promo Codes and that Apple may deactivate such Promo
Codes.
(j) You agree that Apple shall have the right to deactivate the Promo Codes, even if already
delivered to Holders, in the event You violate any of the terms of this Exhibit C, the Agreement, or
Schedules 1, 2, or 3 thereto.
(k) You may distribute the Promo Codes within the Territories, but agree that You shall not export
any Promo Code for use outside the Territories nor represent that You have the right or ability to
do so. Risk of loss and transfer of title for the Promo Codes pass to You upon delivery to You
within App Store Connect, via email, or other method provided by Apple.
12. APPLE TRADEMARKS: Your use of Apple trademarks in connection with the Promo
Codes is limited only to “iTunes” and “App Store” (the “Marks”) subject to the following and any
additional guidelines Apple may issue from time to time:
(a) You may use the Marks only during the Effective Period
(b) You shall submit any advertising, marketing, promotional or other materials, in any and all
media now known or hereinafter invented, incorporating the Marks to Apple prior to use for written
approval. Any such materials not expressly approved in writing by Apple shall be deemed
disapproved by Apple.
(c) You may only use the Marks in a referential manner and may not use the Marks as the most
prominent visual element in any materials. Your company name, trademark(s), or service
mark(s) should be significantly larger than any reverence to the Marks.
(d) You may not directly or indirectly suggest Apple’s sponsorship, affiliation, or endorsement of
You, Your Licensed Applications, or any promotional activities for which You are requesting the
Promo Codes.
(e) You acknowledge that the Marks are the exclusive property of Apple and agree not to claim
any right, title, or interest in or to the Marks or at any time challenge or attack Apple’s rights in the
Marks. Any goodwill resulting from Your use of the Marks shall inure solely to the benefit of
Apple and shall not create any right, title, or interest for You in the Marks.
13. GOVERNING LAW: Any litigation or other dispute resolution between You and Apple
arising out of or relating to this Exhibit C or facts relating thereto shall be governed by Section
14.10 of the Agreement.

Attachment 1
(to Exhibit C of Schedule 1)
App Store Promo Codes Terms and Conditions
1. All Promo Codes delivered pursuant to this Exhibit C, whether or not applied to an App
Store account, expire as indicated in this Exhibit C.
2. Promo Codes, and unused balances, are not redeemable for cash and cannot be
returned for a cash refund, exchanged, or used to purchase any other merchandise, or provide
allowances or iTunes or App Store Gifts by either You or Holder. This includes Promo Codes that
have expired unused.
3. Promo Codes may only be redeemed through the App Store in the Territory, open only to
persons in the Territory with a valid Apple ID. Not all App Store products may be available in all
Territories. Internet access (fees may apply), the latest version of Apple software, and other
compatible software and hardware are required.
4. Access to, redemption of Promo Codes on, or purchases from, and use of products
purchased on, the App Store, are subject to acceptance of its Terms of Service presented at the
time of redemption or purchase, and found at http://www.apple.com/legal/itunes/ww/.
5. Promo Codes will be placed in the Holder’s applicable Apple ID and are not transferable.
6. If a Holder’s order exceeds the amount available on the Promo Codes, Holder must
establish an Apple ID and pay for the balance with a credit card.
7. Except as stated otherwise, data collection and use are subject to Apple’s Privacy Policy,
which can be found at http://www.apple.com/legal/privacy.
8. Apple is not responsible for lost or stolen Promo Codes. If Holders have any questions,
they may visit Apple Support at https://support.apple.com/apps.
9. Apple reserves the right to close Holder accounts and request alternative forms of
payment if Promo Codes are fraudulently obtained or used on the App Store.
10. APPLE AND ITS LICENSEES, AFFILIATES, AND LICENSORS MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PROMO CODES OR THE APP
STORE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A
PROMO CODE IS NON-FUNCTIONAL, HOLDER’S OR COMPANY’S SOLE REMEDY, AND
APPLE’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH PROMO CODE. THESE
LIMITATIONS MAY NOT APPLY. CERTAIN LOCAL AND TERRITORY LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU OR HOLDER
MAY ALSO HAVE ADDITIONAL RIGHTS.
11. Apple reserves the right to change any of the terms and conditions set forth in this
Attachment 1 from time to time without notice.
12. Any part of these terms and conditions may be void where prohibited or restricted by law.

EXHIBIT D
(to Schedule 1)
Additional App Store Terms
1. Discoverability on the App Store: The discoverability of Your Licensed Application in
the App Store depends on several factors, and Apple is under no obligation to display, feature, or
rank Your Licensed Application in any particular manner or order in the App Store.
(a) The main parameters used for app ranking and discoverability are text relevance, such as
using an accurate title, adding relevant keywords/metadata, and selecting descriptive categories
in the Licensed Application; customer behavior relating to the number and quality of ratings and
reviews and application downloads; date of launch in the App Store may also be considered for
relevant searches; and whether You have violated any rules promulgated by Apple. These main
parameters deliver the most relevant results to customer search queries.
(b) When considering apps to feature in the App Store, our editors look for high-quality apps
across all categories, with a particular focus on new apps and apps with significant updates. The
main parameters that our editors consider are UI design, user experience, innovation and
uniqueness, localizations, accessibility, App Store product page screenshots, app previews, and
descriptions; and additionally, for games, gameplay, graphics and performance, audio, narrative
and story depth, ability to replay, and gameplay controls. These main parameters showcase
high-quality, well-designed, and innovative apps.
(c) If You use an Apple service for paid promotion of Your app on the App Store, Your app may
be presented in a promotional placement and designated as advertising content.
To learn more about app discoverability, visit https://developer.apple.com/app-

store/discoverability/.
2. Access to App Store Data
You can access data concerning your Licensed Application’s financial performance and user
engagement in App Store Connect by using App Analytics, Sales and Trends, and Payments and
Financial Reports. Specifically, You can obtain all of Your Licensed Application’s financial results
for individual app sales and in-app purchases (including subscriptions) in Sales and Trends, or
download the data from Financial Reports; and You can view App Analytics for non-personally
identifiable data that allows You to understand how consumers engage with your Licensed
Applications. More information can be found at https://developer.apple.com/app-store/measuring-
app-performance/. App Analytics data is provided only with the consent of our customers. For
more information, see https://developer.apple.com/app-store-connect/analytics/. Apple does not
provide You with access to personal or other data provided by or generated through use of the
App Store by other developers; nor does Apple provide other developers with access to personal
or other data provided by or generated through Your use of the App Store. Such data sharing
would conflict with Apple’s Privacy Policy, and with our customers’ expectations about how Apple
treats their data. You can seek to collect information from customers directly, so long as such
information is collected in a lawful manner, and You follow the App Store Review Guidelines.
Apple handles personal and non-personal information as outlined in Apple’s Privacy Policy.
Information about Apple’s access to and practices concerning developer and customer data can
be found in “App Store & Privacy,” accessible at https://support.apple.com/en-us/HT210584.
Apple may provide some non-personal information to strategic partners that work with Apple to
provide our products and services, help Apple market to customers, and sell ads on Apple’s
behalf to display in the App Store and Apple News and Stocks. Such partners are obligated to
protect that information and may be located wherever Apple operates.

3. P2B Regulation Complaints and Mediation
Developers established in, and which offer goods or services to customer located in, a region
subject to a platform-to-business regulation (“P2B Regulation”), such as the Regulation of the
European Parliament and of the Council on promoting fairness and transparency for business
users of online intermediation services may submit complaints pursuant to such P2B Regulation
related to the following issues at https://developer.apple.com/contact/p2b/: (a) Apple’s alleged
non-compliance with any obligations set forth in the P2B Regulation which affect You in the
region in which you are established; (b) technological that affect You and relate directly to
distribution of Your Licensed Application on the App Store in the region in which you are
established; or (c) measures taken by or behavior of Apple that affect You and relate directly to
distribution of Your Licensed Application on the App Store in the region in which you are
established. Apple will consider and process such complaints and communicate the outcome to
You.
For Developers established in, and which offer goods or services to customer located in, the
European Union, Apple identifies the following panel of mediators with which Apple is willing to
engage to attempt to reach an agreement with developers established in, and which offer goods
or services to customer located in, the European Union on the settlement, out of court, of any
disputes between Apple and You arising in relation to the provision of the App Store services
concerned, including complaints that could not be resolved by means of our complaint-handling
system:
Centre for Effective Dispute Resolution

P2B Panel of Mediators
70 Fleet Street
London
EC4Y 1EU
United Kingdom
https://www.cedr.com/p2bmediation/
LYL117
06/06/2022

By clicking to agree to this Schedule 2, which is hereby offered to You by Apple, You agree with Apple to
amend that certain Apple Developer Program License Agreement currently in effect between You and Apple
(the “Agreement”) to add this Schedule 2 thereto (supplanting any existing Schedule 2). Except as otherwise
provided herein, all capitalized terms shall have the meanings set forth in the Agreement.
Schedule 2
1. Appointment of Agent and Commissionaire
1.1 You hereby appoint Apple and Apple Subsidiaries (collectively “Apple”) as: (i) Your agent for the
marketing and delivery of the Licensed Applications to End-Users located in those regions listed on Exhibit A,
Section 1 to this Schedule 2, subject to change; and (ii) Your commissionaire for the marketing and delivery of
the Licensed Applications to End-Users located in those regions listed on Exhibit A, Section 2 to this Schedule
2, subject to change, during the Delivery Period. The most current list of App Store regions among which You
may select shall be set forth in the App Store Connect tool and may be updated by Apple from time to time.
You hereby acknowledge that Apple will market and make the Licensed Applications available for download by
End-Users through one or more App Stores, for You and on Your behalf. For purposes of this Schedule 2, the
following definitions apply:
(a) “You” shall include App Store Connect users authorized by You to submit Licensed Applications and
associated metadata on Your behalf; and
(b) "End-User" includes individual purchasers as well as eligible users associated with their account via
Family Sharing or Legacy Contacts. For institutional customers, “End-User” shall mean the individual
authorized to use the Licensed Application by the institutional purchaser, the institutional administrator
responsible for management of installations on shared devices, as well as authorized institutional purchasers
themselves, including educational institutions approved by Apple, which may acquire the Licensed Applications
for use by their employees, agents, and affiliates.
(c) For the purposes of this Schedule 2, the term “Licensed Application” shall include any content,
functionality, extensions, stickers, or services offered in the software application.
1.2 In furtherance of Apple’s appointment under Section 1.1 of this Schedule 2, You hereby authorize and
instruct Apple to:
(a) market, solicit, and obtain orders on Your behalf for Licensed Applications from End-Users located in
the regions identified by You in the App Store Connect tool;
(b) provide hosting services to You subject to the terms of the Agreement, in order to allow for the storage
of, and End-User access to, the Licensed Applications and to enable third party hosting of such Licensed
Applications solely as otherwise licensed or authorized by Apple;
(c) make copies of, format, and otherwise prepare Licensed Applications for acquisition and download by
End-Users, including adding the Security Solution and other optimizations identified in the Agreement;
(d) allow or, in the case of cross-border assignments of Volume Content purchases, arrange for End-
Users to access and re-access copies of the Licensed Applications, so that End-Users may acquire and
electronically download those Licensed Applications developed by You, Licensed Application Information, and
associated metadata through one or more App Stores. In addition, You hereby authorize distribution of Your
Licensed Applications under this Schedule 2 for use by: (i) multiple End-Users when the Licensed Application
is purchased by an individual account associated with other family members via Family Sharing, including at
Your election as indicated in the App Store Connect tool, purchases made prior to the execution of this
Schedule 2; (ii) eligible Legacy Contacts of an End-User to access Your Licensed Application along with
associated information and metadata stored in iCloud as described in https://support.apple.com/kb/HT212360;
and (iii) a single institutional customer via the Volume Content Service for use by its End-Users and/or for
installation on devices with no associated Apple IDs that are owned or controlled by that institutional customer
in accordance with the Volume Content Terms, conditions, and program requirements;
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25 February 2022
(e) issue invoices for the purchase price payable by End-Users for the Licensed Applications;
(f) use (i) screen shots, previews, and/or up to 30 second excerpts of the Licensed Applications; (ii)
trademarks and logos associated with the Licensed Applications; and (iii) Licensed Application Information, for
promotional purposes in marketing materials and gift cards and in connection with vehicle displays, excluding
those portions of the Licensed Applications, trademarks or logos, or Licensed Application Information which
You do not have the right to use for promotional purposes, and which You identify in writing at the time that the
Licensed Applications are delivered by You to Apple under Section 2.1 of this Schedule 2, and use images and
other materials that You may provide to Apple, at Apple’s reasonable request, for promotional purposes in
marketing materials and gift cards and in connection with vehicle displays;
(g) otherwise use Licensed Applications, Licensed Application Information and associated metadata as
may be reasonably necessary in the marketing and delivery of the Licensed Applications in accordance with
this Schedule 2. You agree that no royalty or other compensation is payable for the rights described above in
Section 1.2 of this Schedule 2; and
(h) facilitate distribution of pre-release versions of Your Licensed Applications (“Beta Testing”) to End-
Users designated by You in accordance with the Agreement, availability, and other program requirements as
updated from time to time in the App Store Connect tool. For the purposes of such Beta Testing, You hereby
waive any right to collect any purchase price, proceeds or other remuneration for the distribution and download
of such pre-release versions of Your Application. You further agree that You shall remain responsible for the
payment of any royalties or other payments to third parties relating to the distribution and use of Your pre-
release Licensed Applications, as well as compliance with any and all laws for territories in which such Beta
Testing takes place. For the sake of clarity, no commission shall be owed to Apple with respect to such
distribution.
1.3 The parties acknowledge and agree that their relationship under this Schedule 2 is, and shall be, that
of principal and agent, or principal and commissionaire, as the case may be, as described in Exhibit A, Section
1 and Exhibit A, Section 2, respectively, and that You, as principal, are, and shall be, solely responsible for any
and all claims and liabilities involving or relating to, the Licensed Applications, as provided in this Schedule 2.
The parties acknowledge and agree that Your appointment of Apple as Your agent or commissionaire, as the
case may be, under this Schedule 2 is non-exclusive. You hereby represent and warrant that You own or
control the necessary rights in order to appoint Apple and Apple Subsidiaries as Your worldwide agent and/or
commissionaire for the delivery of Your Licensed Applications, and that the fulfillment of such appointment by
Apple and Apple Subsidiaries shall not violate or infringe the rights of any third party.
1.4 For purposes of this Schedule 2, the “Delivery Period” shall mean the period beginning on the Effective
Date of the Agreement, and expiring on the last day of the Agreement or any renewal thereof; provided,
however, that Apple’s appointment as Your agent and commissionaire shall survive expiration of the
Agreement for a reasonable phase-out period not to exceed thirty (30) days and further provided that, solely
with respect to Your End-Users, subsections 1.2(b), (c), and (d) of this Schedule 2 shall survive termination or
expiration of the Agreement unless You indicate otherwise pursuant to sections 5.1 and 7.2 of this Schedule 2.
2. Delivery of the Licensed Applications to Apple
2.1 You will deliver to Apple, at Your sole expense, using the App Store Connect tool or other mechanism
provided by Apple, the Licensed Applications, Licensed Application Information and associated metadata, in a
format and manner prescribed by Apple, as required for the delivery of the Licensed Applications to End-Users
in accordance with this Schedule 2. Metadata You deliver to Apple under this Schedule 2 will include: (i) the
title and version number of each of the Licensed Applications; (ii) the regions You designate, in which You wish
Apple to allow End-Users to download those Licensed Applications; (iii) any copyright or other intellectual
property rights notices; (iv) Your privacy policy; (v) Your End-User license agreement (“EULA”), if any, in
accordance with Section 4.2 of this Schedule 2; and (vi) any additional metadata set forth in the Documentation
and/or the App Store Connect tool as may be updated from time to time, including metadata designed to
enhance search and discovery of content on Apple-branded hardware.
2.2 All Licensed Applications will be delivered by You to Apple using software tools, a secure FTP site
address and/or such other delivery methods as prescribed by Apple.
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25 February 2022
2.3 You hereby certify that all of the Licensed Applications You deliver to Apple under this Schedule 2 are
authorized for export from the United States to each of the regions listed on Exhibit A, in accordance with the
requirements of all applicable laws, including but not limited to the United States Export Administration
Regulations, 15 C.F.R. Parts 730-774. You further represent and warrant that all versions of the Licensed
Applications You deliver to Apple are not subject to the International Traffic In Arms Regulations 22 C.F.R.
Parts 120-130 and are not designed, made, modified or configured for any military end users or end uses.
Without limiting the generality of this Section 2.3, You certify that (i) none of the Licensed Applications contains,
uses or supports any data encryption or cryptographic functions; or (ii) in the event that any Licensed
Application contains, uses or supports any such data encryption or cryptographic functionality, You certify that
You have complied with the United States Export Administration Regulations, and are in possession of, and will
upon request provide Apple with, PDF copies of export classification ruling (CCATS) issued by the United
States Commerce Department, Bureau of Industry and Security (“BIS”) or any self-classification reports
submitted to the BIS, and appropriate authorizations from other regions that mandate import authorizations for
that Licensed Application, as required. You acknowledge that Apple is relying upon Your certification in this
Section 2.3 in allowing End-Users to access and download the Licensed Applications under this Schedule 2.
Except as provided in this Section 2.3, Apple will be responsible for compliance with the requirements of the
Export Administration Regulations in allowing End-Users to access and download the Licensed Applications
under this Schedule 2.
2.4 You shall be responsible for determining and implementing any age ratings or parental advisory
warnings required by the applicable government regulations, ratings board(s), service(s), or other organizations
(each a “Ratings Board”) for any video, television, gaming or other content offered in Your Licensed Application
for each locality in the Territory. Where applicable, You shall also be responsible for providing any content
restriction tools or age verification functionality before enabling end-users to access mature or otherwise
regulated content within Your Licensed Application.
3. Delivery of the Licensed Applications to End-Users
3.1 You acknowledge and agree that Apple, in the course of acting as agent and/or commissionaire for
You, is hosting, or pursuant to Section 1.2(b) of this Schedule 2 may enable authorized third parties to host, the
Licensed Applications, and is allowing the download of those Licensed Applications by End-Users, on Your
behalf. However, You are responsible for hosting and delivering content or services sold by You using the In-
App Purchase API, except for content that is included within the Licensed Application itself (i.e., the In-App
Purchase simply unlocks the content) or content hosted by Apple pursuant to section 3.3 of Attachment 2 to the
Agreement. All of the Licensed Applications shall be marketed by Apple, on Your behalf, to End-Users at prices
identified in a price tier and designated by You, in Your sole discretion, from the pricing schedule set forth in
the App Store Connect tool, which may be updated from time to time by Apple. In addition, You may, at Your
election via App Store Connect, instruct Apple to market the Licensed Applications at a discount of 50% of
Your established price tier for authorized institutional customers. You may change the price tier for any
Licensed Application at any time, at Your discretion, in accordance with the pricing schedule set forth in the
App Store Connect tool as may be updated from time to time. As Your agent and/or commissionaire, Apple
shall be solely responsible for the collection of all prices payable by End-Users for Licensed Applications
acquired by those End-Users under this Schedule 2.
3.2 In the event that the sale or delivery of any of the Licensed Applications to any End-User is subject to
any sales, use, goods and services, value added, telecommunications or other similar tax or levy, under
applicable law, responsibility for the collection and remittance of that tax for sales of the Licensed Applications
to End-Users will be determined in accordance with Exhibit B to this Schedule 2 as updated from time to time
via the App Store Connect site. You are solely responsible for selecting and maintaining accurate inputs for tax
categorization for Your Licensed Applications via the App Store Connect site, which may be updated from time
to time. Such tax categorization will be applied to the sale and delivery of Your Licensed Applications. Any
adjustments that You make to the tax categorization for Your Licensed Applications will take effect for future
sales of Licensed Applications after Apple has processed the adjustment within a reasonable period of time.
Adjustments that You make to the tax categorization for Your Licensed Applications will not apply to any sales
of Licensed Applications occurring before Apple has processed Your tax categorization adjustment.
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If the tax categorization of Your Licensed Applications is deemed to be inaccurate by any tax authority, You are
solely responsible for the tax consequences. If Apple deems in its reasonable discretion that the tax
categorization of Your Licensed Applications is inaccurate, Apple reserves the right to hold in trust amounts
owed to You, until such time as You correct the tax categorization. Upon correction of the tax categorization,
Apple will deduct any penalties and interest resulting from the inaccuracy, and remit to You any remaining
amounts held in trust by Apple for You, without interest, in accordance with the provisions of this Schedule 2.
You shall indemnify and hold Apple harmless against any and all claims by any tax authority for any
underpayment or overpayment of any sales, use, goods and services, value added, telecommunications or
other tax or levy, and any penalties and/or interest thereon.
3.3 In furtherance of the parties’ respective tax compliance obligations, Apple requires that You comply
with the requirements listed on Exhibit C to this Schedule 2 or on App Store Connect depending upon, among
other things, (i) Your region of residence and (ii) the regions designated by You in which You wish Apple to
allow access to the Licensed Applications. In the event that Apple collects any amounts corresponding to the
purchase price for any of Your Licensed Applications before You have provided Apple with any tax
documentation required under Exhibit C to this Schedule 2, Apple may decide to not remit those amounts to
You, and to hold those amounts in trust for You, until such time as You have provided Apple with the required
tax documentation. Upon receipt of all required tax documents from You, Apple will remit to You any amounts
held in trust by Apple for You, without interest, under this Section 3.3, in accordance with the provisions of this
Schedule 2.
3.4 Apple shall be entitled to the following commissions in consideration for its services as Your agent
and/or commissionaire under this Schedule 2:
(a) For sales of Licensed Applications to End-Users, Apple shall be entitled to a commission equal to thirty
percent (30%) of all prices payable by each End-User. Solely for auto-renewing subscription purchases made
by customers who have accrued greater than one year of paid subscription service within a Subscription Group
(as defined below) and notwithstanding any Retention Grace Periods or Renewal Extension Periods, Apple
shall be entitled to a commission equal to fifteen percent (15%) of all prices payable by each End-User for each
subsequent renewal. Retention Grace Period refers to the time period between the end of a customer’s
subscription (e.g., due to cancelation or non-payment) and the beginning of a new subscription within the same
Subscription Group, provided that such time period is no greater than 60 days, subject to change. Renewal
Extension Period refers to the time by which You extend the renewal date of the customer’s subscription,
without additional charges. For purposes of determining the commissions to which Apple is entitled under this
Section 3.4(a), the prices payable by End-Users shall be net of any and all taxes collected, as provided in
Section 3.2 of this Schedule 2.
(b) App Store Small Business Program. For Developers who have qualified and been approved by Apple
for the App Store Small Business Program, Apple shall be entitled to a reduced commission of 15% of all
prices payable by each End-User for sales of Licensed Applications to End-Users located in those regions
listed in Exhibit B of this Schedule 2 as updated from time to time via the App Store Connect site. You may
qualify for approval in the App Store Small Business Program subject to the terms of the Agreement, this
Schedule 2, and the following:
You and Your Associated Developer Accounts must have earned no more than $1,000,000 in total proceeds
(sales net of Apple’s commission and certain taxes and adjustments) during the twelve (12) fiscal months
occurring in the prior calendar year (“calendar year”), as calculated by Apple under standard business
practices.
To enroll in the App Store Small Business Program, You must provide Apple with any requested information
related to You and Your Associated Developer Accounts. If there is a change in Your relationship to an
Associated Developer Account, You must update such information. An “Associated Developer Account” is any
Apple Developer Program account (i) You own or control or (ii) which owns or controls Your account. For
example, as the individual or legal entity who accepted the terms of the Agreement and this Schedule 2, You
have an Associated Developer Account if any of the following apply:
• You have majority (over 50%) corporate, individual, or partnership interest in the ownership or shares of
another Apple Developer Program member account.
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• Another Apple Developer Program member has majority (over 50%) corporate, individual, or partnership
interest in the ownership or shares of Your account.
• You have ultimate decision-making authority over another Apple Developer Program member account.
• Another Apple Developer Program member has ultimate decision-making authority over Your account.
You and Your Associated Developer Accounts must be in good standing as members of the Apple Developer
Program.
Once the total proceeds of You and Your Associated Developer Accounts exceeds $1,000,000 in the current
calendar year, You will be charged the standard commission rate set forth in Section 3.4(a) in this Schedule 2
for the remainder of the calendar year.
Apple will determine eligibility and approve qualified Developers for participation in the App Store Small
Business Program within fifteen (15) days of the end of each fiscal calendar month.
If the total proceeds of You and Your Associated Developer Accounts amount to no more than $1,000,000 in a
future calendar year, You may re-qualify for approval in the App Store Small Business Program in the following
calendar year.
If You participate, either as a Transferor or a Recipient (hereafter referred to as an “App Transfer Party”), in the
transfer of a Licensed Application, the proceeds associated with that Licensed Application will be included in
the calculation of total proceeds of any App Transfer Party to determine eligibility for participation in the App
Store Small Business Program. For example, if You transfer a Licensed Application from Your developer
account to another developer account using the App Store Connect tool, the proceeds associated with that
transferred Licensed Application will be included in the calculation of Your total proceeds and in the calculation
of the total proceeds of the developer account to which you transferred the Licensed Application. If a Licensed
Application is transferred multiple times in a given calendar year, the proceeds associated with that Licensed
Application will be included in the calculation of total proceeds of each and every App Transfer Party.
You and Your Associated Developer Accounts will be disqualified from the App Store Small Business Program
and terminated at Apple’s discretion, if You or Your Associated Developer Accounts engage in any suspicious,
misleading, fraudulent, improper, unlawful or dishonest act or omission relating to qualification in the App
Store Small Business Program (e.g., providing false or inaccurate information to Apple, creating or using
multiple Apple Developer Program accounts to improperly benefit from the App Store Small Business
Program).
Apple may withhold payments due to You and Your Associated Developer Accounts for violations of this
provision.
Except as otherwise provided in Section 3.2 of this Schedule 2, Apple shall be entitled to the commissions
specified in Section 3.4 hereof without reduction for any taxes or other government levies, including any and all
taxes or other, similar obligations of You, Apple or any End-User relating to the delivery or use of the Licensed
Applications. For sales of Licensed Applications developed by Apple, Apple is not entitled to a commission.
3.5 Upon collection of any amounts from any End-User as the price for any Licensed Application delivered
to that End-User hereunder, Apple shall deduct the full amount of its commission with respect to that Licensed
Application, and any taxes collected by Apple under Section 3.2 and 3.4 hereof, and shall remit to You, or issue
a credit in Your favor, as the case may be, the remainder of those prices in accordance with Apple standard
business practices, including the following: remittance payments (i) are made by means of wire transfer only;
(ii) are subject to minimum monthly remittance amount thresholds; (iii) require You to provide certain
remittance-related information on the App Store Connect site; and (iv) subject to the foregoing requirements,
will be made no later than forty-five (45) days following the close of the monthly period in which the
corresponding amount was received by Apple from the End-User. No later than forty-five (45) days following
the end of each monthly period, Apple will make available to You on the App Store Connect site a sales report
in sufficient detail to permit You to identify the Licensed Applications sold in that monthly period and the total
amount to be remitted to You by Apple. You hereby acknowledge and agree that Apple shall be entitled to a
commission, in accordance with this Section 3.5 on the delivery of any Licensed Application to any End-User,
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even if Apple is unable to collect the price for that Licensed Application from that End-User. In the event that
the purchase price received by Apple from any End-User for any Licensed Application is in a currency other
than the remittance currency agreed between Apple and You, the purchase price for that Licensed Application
shall be converted to the remittance currency, and the amount to be remitted by Apple to You shall be
determined, in accordance with an exchange rate fixed for the Delivery Period, as reflected in the App Store
Connect tool as may be updated from time to time, pursuant to section 3.1 of this Schedule 2. Apple may
provide a means on App Store Connect to enable You to designate a primary currency for the bank account
designated by You for receiving remittances (“Designated Currency”). Apple may cause Apple's bank to
convert all remittances in any remittance currency other than the Designated Currency into the Designated
Currency prior to remittance to You. You agree that any resulting currency exchange differentials or fees
charged by Apple's bank may be deducted from such remittances. You remain responsible for any fees (e.g.,
wire transfer fees) charged by Your bank or any intermediary banks between Your bank and Apple’s bank.
3.6 In the event that Apple’s commission or any price payable by any End-User for any of the Licensed
Applications is subject to (i) any withholding or similar tax; or (ii) any sales, use, goods and services, value
added, telecommunications or other tax or levy not collected by Apple under Section 3.2 hereof; or (iii) any
other tax or other government levy of whatever nature, the full amount of that tax or levy shall be solely for Your
account, and shall not reduce the commission to which Apple is entitled under this Schedule 2.
3.7 In the event that any remittance made by Apple to You is subject to any withholding or similar tax, the
full amount of that withholding or similar tax shall be solely for Your account, and will not reduce the
commission to which Apple is entitled on that transaction. If Apple reasonably believes that such tax is due,
Apple will deduct the full amount of such withholding or similar tax from the gross amount owed to You, and will
pay the full amount withheld over to the competent tax authorities. Apple will apply a reduced rate of
withholding tax, if any, provided for in any applicable income tax treaty only if You furnish Apple with such
documentation required under that income tax treaty or otherwise satisfactory to Apple, sufficient to establish
Your entitlement to the benefit of that reduced rate of withholding tax. Upon Your timely request to Apple in
writing, using means reasonably designated by Apple, Apple will use commercially practical efforts to report to
You the amount of Apple’s payment of withholding or similar taxes to the competent tax authorities on Your
behalf. You will indemnify and hold Apple harmless against any and all claims by any competent tax authority
for any underpayment of any such withholding or similar taxes, and any penalties and/or interest thereon,
including, but not limited to, underpayments attributable to any erroneous claim or representation by You as to
Your entitlement to, or Your disqualification for, the benefit of a reduced rate of withholding tax.
3.8 You may offer auto-renewing subscriptions in select Territories using the In-App Purchase API subject
to the terms of this Schedule 2, provided that:
(a) Auto-renew functionality must be on a weekly, monthly, bi-monthly, tri-monthly, semi-annual or annual
basis at prices You select in the App Store Connect tool. You may offer multiple durations and service levels
for Your subscription and will have the ability to associate and rank these subscription items within Subscription
Groups, to enable customers to easily upgrade, downgrade, and cross-grade amongst the Subscription Group
options. You understand and agree that when a subscriber upgrades or cross-grades (except for cross-grades
of different durations), such service level will begin immediately and Your proceeds will be adjusted
accordingly, and when a subscriber downgrades, the new service will begin at the end of the current
subscription period.
(b) You clearly and conspicuously disclose to users the following information regarding Your auto-
renewing subscription:
• Title of auto-renewing subscription, which may be the same as the in-app product name
• Length of subscription
• Price of subscription, and price per unit if appropriate
Links to Your Privacy Policy and Terms of Use must be accessible within Your Licensed Application.
(c) You must fulfill the offer during the entire subscription period, as marketed, including any Billing Grace
Period You authorize, and, in the event You breach this section 3.8(c) of Schedule 2, You hereby authorize
and instruct Apple to refund to the End-User the full amount, or any portion thereof in Apple’s sole discretion, of
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the price paid by the End-User for that subscription. Billing Grace Period refers to the period during which
Developers agree to provide paid service for free to users who do not recover from a billing error. In the event
that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount
equal to the price for that subscription. You acknowledge that Apple may exercise its rights under section 7.3 of
this Schedule 2 for repeated violations of this provision.
3.9 When You make price changes to an existing subscription item, You may elect to retain current pricing
for Your existing customers by indicating Your intent in the App Store Connect tool. When You increase pricing
for existing subscribers in regions that require end-user consent, they will be prompted to review and agree to
the new price, otherwise the auto-renewal feature will be disabled.
3.10 To the extent You promote and offer for sale auto-renewing subscriptions, within or outside of Your
Licensed Application, You must do so in compliance with all legal and regulatory requirements.
3.11 Subscription services purchased within Licensed Applications must use In-App Purchase.
In addition to using the In-App Purchase API, a Licensed Application may read or play content (magazines,
newspapers, books, audio, music, video) that is offered outside of the Licensed Application (such as, by way of
example, through Your website) provided that You do not link to or market external offers for such content
within the Licensed Application. You are responsible for authentication access to content acquired outside of
the Licensed Application.
3.12 If Your Licensed Application is periodical content-based (e.g. magazines and newspapers), Apple may
provide You with the name, email address, and zip code associated with an End-User’s account when they
purchase an auto-renewing subscription via the In-App Purchase API, provided that such user consents to the
provision of data to You, and further provided that You may only use such data to promote Your own products
and do so in strict compliance with Your publicly posted Privacy Policy, a copy of which must be readily viewed
and is consented to in Your Licensed Application. You may offer a free incentive to extend the subscription if
the user agrees to send this information.
3.13 You may use Subscription Offer Codes to promote your auto-renewing subscriptions in select
Territories subject to the terms of the Agreement, this Schedule 2, and the following:
(a) Subscription Offer Code means a code provided by Apple to You, pursuant to these terms, which
allows an End-User to whom You provide one or more Subscription Offer Codes to download or access Your
(b) Upon request by You via the App Store Connect tool, Apple shall deliver the Subscription Offer Codes
electronically to You. Subscription Offer Codes will become active for use by End-Users upon delivery to You.
You may not distribute Subscription Offer Codes that are no longer active to End-Users in any Territory in
which You are not permitted to sell or distribute Your Licensed Application.
You shall not export any Subscription Offer Code for use outside the Territories nor represent that You have
the right or ability to do so.
Risk of loss and transfer of title for the Subscription Offer Codes pass to You upon delivery to You.
You shall comply with all applicable laws in the Territories in which You distribute Subscription Offer Codes.
(c) Apple shall not be responsible for developing or producing any materials in relation to the Subscription
Offer Codes other than the Subscription Offer Codes themselves.
You shall not sell the Subscription Offer Codes or accept any form of payment, trade-in-kind, or other
compensation in connection with the distribution of the Subscription Offer Codes and You shall prohibit third
parties from doing so.
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During the period when a Subscription Offer Code allows an End-User to access a subscription in Your
Licensed Application for free, You hereby waive any right to collect any royalties, proceeds, or remuneration
for such access, regardless of whether any remuneration would otherwise be payable under the Agreement,
this Schedule 2, and Schedule 1 thereto, if applicable. The parties acknowledge that, as between Apple and
You, the parties’ respective responsibilities for the payment of any royalties or other similar payments to third
parties with respect to End-Users accessing subscriptions in your Licensed Application via the Subscription
Offer Codes shall be as set forth in the Agreement and this Schedule 2.
You shall be solely responsible for Your use of the Subscription Offer Codes, including any use by other
members of Your App Store Connect team, and for any loss or liability to You or Apple therefrom.
In the event Your Licensed Application is removed from the App Store for any reason, You agree to cease
distribution of all Subscription Offer Codes and that Apple may deactivate such Subscription Offer Codes.
You agree that Apple shall have the right to deactivate the Subscription Offer Codes, even if already delivered
to End-Users, in the event You violate any of the terms in the Agreement or this Schedule 2.
(d) You must include the following Subscription Offer Code End-User terms in any instrument used to
distribute the Subscription Offer Codes to End-Users (e.g., certificate, card, e-mail, coupons, online posts): (i)
The code expiration date or while supplies last; (ii) The Territory in which the codes can be redeemed; (iii)
Apple ID is required, subject to prior acceptance of license and usage terms; (iv) Codes are not for resale, and
have no cash value; (v) Full terms apply; see https://www.apple.com/legal/internet-services/itunes/; and (vi)
Offer and content are provided by You.
3.14 Where available, You may offer multiple Licensed Applications offered by You in a single collection
(“Bundle”) to End-Users at a price tier designated by You as set forth in the App Store Connect tool as may be
updated from time to time. Furthermore, You hereby authorize and instruct Apple to enable users who have
purchased some but not all Licensed Applications in a Bundle to access and download the remaining items in
the Bundle (“Complete My Bundle” or “CMB”) for the CMB Price. You will receive proceeds for the CMB Price,
which shall equal the Bundle Price set by You less the sum of the retail prices paid by the user for previously
purchased Licensed Applications. In the event the CMB Price is less than Tier 1 and greater than zero under
the price tiers set forth in the App Store Connect tool, You hereby authorize and instruct Apple to set the CMB
Price for that user at Tier 1. In the event the CMB Price is less than zero, You hereby authorize and instruct
Apple to provide the remaining Licensed Applications in the Bundle to the End-User without charge. Each CMB
transaction will be reflected in Your statement as follows: (i) a new sale of the full Bundle at the price paid for
the Bundle, identified as a CMB sale; and (ii) a return (i.e., a negative transaction) for each eligible purchased
Licensed Application contained in the Bundle in the amount previously paid for the Licensed Application, each
identified as a CMB return. Bundles offered at Tier 0 must offer an auto-renewing subscription service
pursuant to Section 3.8 of this Schedule 2 in each Licensed Application included in the Bundle, and users who
purchase such subscription service from within one app in the Bundle must be able to access that subscription
service in each of the other Licensed Applications in the Bundle at no additional cost.
4. Ownership and End-User Licensing
4.1 The parties acknowledge and agree that Apple shall not acquire any ownership interest in or to any of
the Licensed Applications or Licensed Application Information, and title, risk of loss, responsibility for, and
control over the Licensed Applications shall, at all times, remain with You. Apple may not use any of the
Licensed Applications or Licensed Application Information for any purpose, or in any manner, except as
specifically authorized in the Agreement or this Schedule 2.
4.2 You may deliver to Apple Your own EULA for any Licensed Application at the time that You deliver that
Licensed Application to Apple, in accordance with Section 2.1 of this Schedule 2; provided, however, that Your
EULA must include and may not be inconsistent with the minimum terms and conditions specified on Exhibit D
to this Schedule 2, and must comply with all applicable laws in all regions where You wish Apple to allow End-
Users to download that Licensed Application. Apple shall enable each End-User to review Your EULA (if any)
at the time that Apple delivers that Licensed Application to that End-User, and Apple shall notify each End-User
that the End-User’s use of that Licensed Application is subject to the terms and conditions of Your EULA (if
any). In the event that You do not furnish Your own EULA for any Licensed Application to Apple, You
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acknowledge and agree that each End-User’s use of that Licensed Application shall be subject to Apple’s
standard EULA (which is part of the App Store Terms of Service).
4.3 You hereby acknowledge that the EULA for each of the Licensed Applications is solely between You
and the End-User and conforms to applicable law, and Apple shall not be responsible for, and shall not have
any liability whatsoever under, any EULA or any breach by You or any End-User of any of the terms and
conditions of any EULA.
5.1 You represent and warrant that: (a) You have the right to enter into this Agreement, to reproduce and
distribute each of the Licensed Applications, and to authorize Apple to permit End-Users to download and use
each of the Licensed Applications through one or more App Stores; (b) none of the Licensed Applications, or
Apple’s or End-Users’ permitted uses of those Licensed Applications, violate or infringe any patent, copyright,
trademark, trade secret or other intellectual property or contractual rights of any other person, firm, corporation
or other entity and that You are not submitting the Licensed Applications to Apple on behalf of one or more
third parties; (c) each of the Licensed Applications is authorized for distribution, sale and use in, export to, and
import into each of the regions designated by You under Section 2.1 of this Schedule 2, in accordance with the
laws and regulations of those regions and all applicable export/import regulations; (d) none of the Licensed
Applications contains any obscene, offensive or other materials that are prohibited or restricted under the laws
or regulations of any of the regions You designated under Section 2.1 of this Schedule 2; (e) all information
You provided using the App Store Connect tool, including any information relating to the Licensed Applications,
is accurate and that, if any such information ceases to be accurate, You will promptly update it to be accurate
using the App Store Connect tool; and (f) in the event a dispute arises over the content of Your Licensed
Applications or use of Your intellectual property on the App Store, You agree to permit Apple to share Your
contact information with the party filing such dispute and to follow Apple’s app dispute process on a
nonexclusive basis and without any party waiving its legal rights.
5.2 You shall use the software rating tool set forth on App Store Connect to supply information regarding
each of the Licensed Applications delivered by You for marketing and fulfillment by Apple through the App
Store under this Schedule 2 in order to assign a rating to each such Licensed Application. For purposes of
assigning a rating to each of the Licensed Applications, You shall use Your best efforts to provide correct and
complete information about the content of that Licensed Application with the software rating tool. You
acknowledge and agree that Apple is relying on: (i) Your good faith and diligence in accurately and completely
providing requested information for each Licensed Application; and (ii) Your representations and warranties in
Section 5.1 hereof, in making that Licensed Application available for download by End-Users in each of the
regions You designated hereunder. Furthermore, You authorize Apple to correct the rating of any Licensed
Application of Yours that has been assigned an incorrect rating; and You agree to any such corrected rating.
5.3 In the event that any region You designated hereunder requires the approval of, or rating of, any
Licensed Application by any government or industry regulatory agency as a condition for the distribution, sale
and/or use of that Licensed Application, You acknowledge and agree that Apple may elect not to make that
Licensed Application available for download by End-Users in that region from any App Store.
5.4 Licensed Applications that are targeted at children or otherwise likely to appeal to children, and which
pressure children to make purchases (including, but not limited to, phrases such as “buy now” or “upgrade
now”) or persuade others to make purchases for them, should not be made available in any Territory that has
deemed such marketing practices illegal. You expressly accept and agree to take full responsibility for Your
Licensed Applications’ compliance with applicable laws pursuant to Section 5.1(c) of this Schedule 2, including
without limitation consumer protection, marketing, and gaming laws. For more information on legal
requirements of regions in the European Union, see http://ec.europa.eu/justice/consumer-
marketing/unfairtrade/index_en.htm.
6.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Applications by
any End-User. You shall be solely responsible for any and all product warranties, End-User assistance and
product support with respect to each of the Licensed Applications.
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6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with
respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or
attributable to, the Licensed Applications and/or the use of those Licensed Applications by any End-User,
including, but not limited to: (i) claims of breach of warranty, whether specified in the EULA or established
under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Applications and/or the
End-User’s possession or use of those Licensed Applications infringes the copyright or other intellectual
property rights of any third party.
6.3 In the event that Apple receives any notice or claim from any End-User that: (i) the End-User wishes to
cancel its license to any of the Licensed Applications within ninety (90) days of the date of download of that
Licensed Application by that End-User or the end of the auto-renewing subscription period offered pursuant to
section 3.8, if such period is less than ninety (90) days; or (ii) a Licensed Application fails to conform to Your
specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the
End-User the full amount of the price paid by the End-User for that Licensed Application. In the event that
Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal
to the price for that Licensed Application. In the event that Apple receives any notice or claim from a payment
provider that an End-User has obtained a refund for a Licensed Application, You shall reimburse, or grant
Apple a credit for, an amount equal to the price for that Licensed Application.
7. Termination
7.1 This Schedule 2, and all of Apple’s obligations hereunder, shall terminate upon the expiration or
termination of the Agreement. Notwithstanding any such termination, Apple shall be entitled to: (i) all
commissions on all copies of the Licensed Applications downloaded by End-Users prior to the date of
termination (including the phase-out period set forth in Section 1.4 hereof); and (ii) reimbursement from You of
refunds paid by Apple to End-Users, whether before or after the date of termination, in accordance with Section
6.3 of this Schedule 2. When the Agreement terminates, Apple may withhold all payments due to You for a
period that Apple determines is reasonable in order to calculate and offset any End-User refunds. If at any
time Apple determines or suspects that You or any developers with which You are affiliated have engaged in,
or encouraged or participated with other developers to engage in, any suspicious, misleading, fraudulent,
improper, unlawful or dishonest act or omission, Apple may withhold payments due to You or such other
developers.
7.2 In the event that You no longer have the legal right to distribute the Licensed Applications, or to
authorize Apple to allow access to those Licensed Applications by End-Users, in accordance with this
Schedule 2, You shall promptly notify Apple and withdraw those Licensed Applications from the App Store
using the tools provided on the App Store Connect site; provided, however, that such withdrawal by You under
this Section 7.2 shall not relieve You of any of Your obligations to Apple under this Schedule 2, or any liability
to Apple and/or any End-User with respect to those Licensed Applications.
7.3 Apple reserves the right to cease marketing, offering, and allowing download by End-Users of the
Licensed Applications at any time, with or without cause, by providing notice of termination to You. Without
limiting the generality of this Section 7.3, You acknowledge that Apple may cease the marketing and allowing
download by End-Users of some or all of the Licensed Applications, or take other interim measures in Apple’s
sole discretion, if Apple reasonably believes that: (i) those Licensed Applications are not authorized for export
to one or more of the regions listed on Exhibit A, in accordance with the Export Administration Regulations or
other restrictions; (ii) those Licensed Applications and/or any End-User’s possession and/or use of those
Licensed Applications, infringe patent, copyright, trademark, trade secret or other intellectual property rights of
any third party; (iii) the distribution, sale and/or use of those Licensed Applications violates any applicable law
in any region You designated under Section 2.1 of this Schedule 2; (iv) You have violated the terms of the
Agreement, this Schedule 2, or other documentation including without limitation the App Store Review
Guidelines; (v) Your Licensed Applications violate Section 5.4 of this Schedule 2, including without limitation
upon notice by a regulator of an alleged violation; or (vi) You or anyone representing You or Your company are
subject to sanctions of any region in which Apple operates. An election by Apple to cease the marketing and
allowing download of any Licensed Applications, pursuant to this Section 7.3, shall not relieve You of Your
obligations under this Schedule 2.
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7.4 You may withdraw any or all of the Licensed Applications from the App Store, at any time, and for any
reason, by using the tools provided on the App Store Connect site, except that, with respect to Your End-
Users, You hereby authorize and instruct Apple to fulfill sections 1.2(b), (c), and (d) of this Schedule 2, which
shall survive termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 5.1
and 7.2 of this Schedule 2.
The relationship between You and Apple established by this Schedule 2 may have important legal and/or tax
consequences for You. You acknowledge and agree that it is Your responsibility to consult with Your own legal
and tax advisors with respect to Your legal and tax obligations hereunder.
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By clicking to agree to this Schedule 3, which is hereby offered to You by Apple, You agree with Apple to
amend that certain Apple Developer Program License Agreement currently in effect between You and Apple
(the “Agreement”) to add this Schedule 3 thereto (supplanting any existing Schedule 3). Except as otherwise
provided herein, all capitalized terms shall have the meanings set forth in the Agreement.
Schedule 3
1. Appointment of Agent and Commissionaire
1.1 You hereby appoint Apple and Apple Subsidiaries (collectively “Apple”) as: (i) Your agent for the
marketing, sale and delivery of Custom Applications via Custom App Distribution to Custom App Distribution
Customers and applicable End-Users located in those regions listed on Exhibit A, Section 1 to this Schedule 3,
subject to change; and (ii) Your commissionaire for the marketing, sale, and delivery of Custom Applications to
Custom App Distribution Customers and applicable End-Users located in those regions listed on Exhibit A,
Section 2 to this Schedule 3, subject to change, during the Delivery Period. The most current list of App Store
regions among which You may select with respect to Your Custom Applications shall be set forth in the App
Store Connect tool and may be updated by Apple from time to time. You hereby acknowledge that Apple will
market and make the Custom Applications available for purchase by Custom App Distribution Customers
through the Custom App Distribution Site, and downloadable by End-Users or, solely in connection with certain
Apple licensed software, by Custom App Distribution Customers using a single Apple ID for distribution to
multiple End-Users, for You and on Your behalf.
For purposes of this Schedule 3:
“Content Code(s)” means alphanumeric content codes generated by Apple and distributed to Custom App
Distribution Customers that may be redeemed by an End-User for the download of a licensed copy of the
Custom Application.
"Custom Application" also includes any additional permitted functionality, content, or services sold by You from
within a Custom Application using the In-App Purchase API.
"End-User" includes the individual or Legacy Contacts authorized to use the Custom Application by the
institutional purchaser, the institutional administrator responsible for management of installations on shared
devices, as well as authorized institutional purchasers themselves, including educational institutions approved
by Apple, which may acquire the Custom Applications for use by their employees, agents, and affiliates.
“Licensed Application” shall include any content, functionality, extensions, stickers, or services offered in the
software application.
“Licensed Application Information” includes Licensed Application Information associated with a Custom
Application.
“Volume Content Service” means an Apple program that offers the ability to obtain Custom Applications and
make purchases of Licensed Applications in bulk subject to the Volume Content Terms, conditions, and
program requirements.
“Custom App Distribution Customer” means a third party that is enrolled in Apple’s Volume Content Service
and/or Custom App Distribution.
“You” shall include App Store Connect users authorized by You to submit Licensed Applications and
associated metadata on Your behalf.
1.2 In furtherance of Apple’s appointment under Section 1.1 of this Schedule 3, You hereby authorize and
instruct Apple to:
(a) market, solicit, and obtain orders on Your behalf for Custom Applications from Custom App Distribution
Customers identified by You and their related End-Users in the regions identified in the App Store Connect tool;
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(b) provide hosting services to You, in order to allow for the storage of, and End-User access to, the
Custom Applications and, solely in connection with certain Apple licensed software, permit third party hosting of
such Custom Applications;
(c) make copies of, format, and otherwise prepare Custom Applications for acquisition and download by
End-Users, including adding the Security Solution and other optimizations identified in the Agreement;
(d) allow or, in the case of cross-border assignments of Volume Content purchases, arrange for End-
Users to access and re-access copies of the Custom Applications, so that End-Users may acquire and
electronically download those Custom Applications developed by You, Licensed Application Information, and
associated metadata to End-Users through the Custom App Distribution Site. In addition, You hereby authorize
distribution of Your Custom Applications under this Schedule 3 for use by: (i) multiple End-Users when the
Custom Application is purchased by a single institutional customer via the Volume Content Service for use by
its End-Users and/or for installation on devices with no associated Apple IDs that are owned or controlled by
that institutional customer in accordance with the Volume Content Terms, conditions, and program
requirements; and (ii) eligible Legacy Contacts of an End-User to access Your Custom Application along with
associated information and metadata stored in iCloud as described in https://support.apple.com/kb/HT212360;
(e) issue invoices for the purchase price payable by Custom App Distribution Customers for the Custom
Applications;
(f) use (i) screen shots and/or up to 30 second excerpts of the Custom Applications; (ii) trademarks and
logos associated with the Custom Applications; and (iii) Licensed Application Information, for promotional
purposes in marketing materials and in connection with vehicle displays, excluding those portions of the
Custom Applications, trademarks or logos, or Custom Application Information which You do not have the right
to use for promotional purposes, and which You identify in writing at the time that the Custom Applications are
delivered by You to Apple under Section 2.1 of this Schedule 3, and use images and other materials that You
may provide to Apple, at Apple’s reasonable request, for promotional purposes in marketing materials and in
connection with vehicle displays; and
(g) otherwise use Custom Applications, Licensed Application Information and associated metadata as
may be reasonably necessary in the marketing and delivery of the Custom Applications in accordance with this
Schedule 3. You agree that no royalty or other compensation is payable for the rights described above in
Section 1.2 of this Schedule 3.
1.3 The parties acknowledge and agree that their relationship under this Schedule 3 is, and shall be, that
of principal and agent, or principal and commissionaire, as the case may be, as described in Exhibit A, Section
1 and Exhibit A, Section 2, respectively, and that You, as principal, are, and shall be, solely responsible for any
and all claims and liabilities involving or relating to, the Custom Applications, as provided in this Schedule 3.
The parties acknowledge and agree that Your appointment of Apple as Your agent or commissionaire, as the
case may be, under this Schedule 3 is non-exclusive. You hereby represent and warrant that You own or
control the necessary rights in order to appoint Apple and Apple Subsidiaries as Your worldwide agent and/or
commissionaire for the delivery of Your Custom Applications, and that the fulfillment of such appointment by
Apple and Apple Subsidiaries shall not violate or infringe the rights of any third party.
1.4 For purposes of this Schedule 3, the “Delivery Period” shall mean the period beginning on the Effective
Date of the Agreement, and expiring on the last day of the Agreement or any renewal thereof; provided,
however, that Apple’s appointment as Your agent or commissionaire shall survive expiration of the Agreement
for a reasonable phase-out period not to exceed thirty (30) days after the final outstanding Content Code for
Your Custom Applications has been redeemed and further provided that, solely with respect to Your End-
Users, subsections 1.2(b), (c), and (d) of this Schedule 3 shall survive termination or expiration of the
Agreement unless You indicate otherwise pursuant to sections 5.1 and 7.2 of this Schedule 3.
2. Delivery of the Custom Applications to Apple
2.1 You will deliver to Apple, at Your sole expense, using the App Store Connect tool, the Custom
Applications, Licensed Application Information and associated metadata, in a format and manner prescribed by
Apple, as required for the delivery of the Custom Applications to End-Users in accordance with this Schedule 3
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and will identify this material as a Custom Application via the App Store Connect site. Metadata You deliver to
Apple under this Schedule 3 will include: (i) the title and version number of each of the Custom Applications; (ii)
the Custom App Distribution Customers You designate as authorized purchasers of the Custom Application
and whose End-Users may use the Content Codes; (iii) any copyright or other intellectual property rights
notices; (iv) Your privacy policy; (v) Your End-User license agreement (“EULA”), if any, in accordance with
Section 4.2 of this Schedule 3; and (vi) any additional metadata set forth in the Documentation and/or the App
Store Connect tool as may be updated from time to time, including metadata designed to enhance search and
discovery for content on Apple-branded hardware.
2.2 All Custom Applications will be delivered by You to Apple using software tools, a secure FTP site
address and/or such other delivery methods as prescribed by Apple.
2.3 You hereby certify that all of the Custom Applications You deliver to Apple under this Schedule 3 are
authorized for export from the United States to each of the regions listed on Exhibit A, in accordance with the
requirements of all applicable laws, including but not limited to the United States Export Administration
Regulations, 15 C.F.R. Parts 730-774. You further represent and warrant that all versions of the Custom
Applications You deliver to Apple are not subject to the International Traffic In Arms Regulations 22 C.F.R.
Parts 120-130 and are not designed, made, modified or configured for any military end users or end uses.
Without limiting the generality of this Section 2.3, You certify that (i) none of the Custom Applications contains,
uses or supports any data encryption or cryptographic functions; or (ii) in the event that any Custom Application
contains, uses or supports any such data encryption or cryptographic functionality, You will upon request
provide Apple with PDF copies of export classification ruling (CCATS) issued by the United States Commerce
Department, Bureau of Industry and Security (“BIS”) or any self-classification reports submitted to the BIS, and
appropriate authorizations from other regions that mandate import authorizations for that Custom Application,
as required. You acknowledge that Apple is relying upon Your certification in this Section 2.3 in allowing End-
Users to access and download the Custom Applications under this Schedule 3. Except as provided in this
Section 2.3, Apple will be responsible for compliance with the requirements of the Export Administration
Regulations in allowing End-Users to access and download the Custom Applications under this Schedule 3.
2.4 You shall be responsible for determining and implementing any age ratings or parental advisory
warnings required by the applicable government regulations, ratings board(s), service(s),
or other organizations (each a “Ratings Board”) for any video, television, gaming or other content offered in
Your Custom Application for each locality in the Territory. Where applicable, You shall also be responsible for
providing any content restriction tools or age verification functionality before enabling end-users to access
mature or otherwise regulated content within Your Custom Application.
3. Delivery of the Custom Applications to End-Users
3.1 You acknowledge and agree that Apple, in the course of acting as agent and/or commissionaire for
You, is hosting the Custom Applications, providing Content Codes to Custom App Distribution Customers, and
is allowing the download of the Custom Applications by End-Users, on Your behalf. However, You are
responsible for hosting and delivering content or services sold by You using the In-App Purchase API, except
for content that is included within the Custom Application itself (i.e., the In-App Purchase simply unlocks the
content) or content hosted by Apple pursuant to Section 3.3 of the Program Agreement. All of the Custom
Applications shall be marketed by Apple, on Your behalf, to End-User Custom App Distribution Customers at
prices identified in a price tier and designated by You, in Your sole discretion, from the pricing schedule set
forth in the App Store Connect tool, which may be updated from time to time by Apple. You may change the
price tier for any Custom Application at any time, at Your discretion, in accordance with the pricing schedule set
forth in the App Store Connect tool. As Your agent and/or commissionaire, Apple shall be solely responsible for
the collection of all prices payable by Custom App Distribution Customers for Custom Applications acquired by
End-Users under this Schedule 3.
3.2 In the event that the sale or delivery of any of the Custom Applications to any End-User is subject to
any sales, use, goods and services, value added, telecommunications or other similar tax or levy, under
applicable law, responsibility for the collection and remittance of that tax for sales of the Custom Applications to
End-Users will be determined in accordance with Exhibit B to this Schedule 3 as updated from time to time via
the App Store Connect site. You are solely responsible for selecting and maintaining accurate inputs for tax
categorization for Your Custom Applications via the App Store Connect site, which may be updated from time
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to time. Such tax categorization will be applied to the sale and delivery of Your Custom Applications. Any
adjustments that You make to the tax categorization for Your Custom Applications will take effect for future
sales of Custom Applications after Apple has processed the adjustment within a reasonable period of time.
Adjustments that You make to the tax categorization for Your Custom Applications will not apply to any sales of
Custom Applications occurring before Apple has processed Your tax categorization adjustment.
If the tax categorization of Your Custom Applications is deemed to be inaccurate by any tax authority, You are
solely responsible for the tax consequences. If Apple deems in its reasonable discretion that the tax
categorization of Your Custom Applications is inaccurate, Apple reserves the right to hold in trust amounts
owed to You, until such time as You correct the tax categorization. Upon correction of the tax categorization,
Apple will deduct any penalties and interest resulting from the inaccuracy, and remit to You any remaining
amounts held in trust by Apple for You, without interest, in accordance with the provisions of this Schedule 3.
You shall indemnify and hold Apple harmless against any and all claims by any tax authority for any
underpayment or overpayment of any sales, use, goods and services, value added, telecommunications or
other tax or levy, and any penalties and/or interest thereon.
3.3 In furtherance of the parties’ respective tax compliance obligations, Apple requires that You comply
with the requirements listed on Exhibit C to this Schedule 3 or on App Store Connect depending upon, among
other things, (i) Your region of residence, and (ii) the regions designated by You in which You wish Apple to
allow sale of and access to the Custom Applications. In the event that Apple collects any amounts
corresponding to the purchase price for any of Your Custom Applications before You have provided Apple with
any tax documentation required under Exhibit C to this Schedule 3, Apple may decide to not remit those
amounts to You, and to hold those amounts in trust for You, until such time as You have provided Apple with
the required tax documentation. Upon receipt of all required tax documents from You, Apple will remit to You
any amounts held in trust by Apple for You, without interest, under this Section 3.3, in accordance with the
provisions of this Schedule 3.
3.4 Apple shall be entitled to the following commissions in consideration for its services as Your agent
and/or commissionaire under this Schedule 3:
For sales of Custom Applications to Custom App Distribution Customers, Apple shall be entitled to a
commission equal to thirty percent (30%) of all prices payable by each Custom App Distribution Customer.
Solely for auto-renewing subscription purchases made by customers who have accrued greater than one year
of paid subscription service within a Subscription Group (as defined below) and notwithstanding any Retention
Grace Periods or Renewal Extension Periods, Apple shall be entitled to a commission equal to fifteen percent
(15%) of all prices payable by each End-User for each subsequent renewal. Retention Grace Period refers to
the time period between the end of a customer’s subscription (e.g. due to cancelation or non-payment) and the
beginning of a new subscription within the same Subscription Group, provided that such time period is no
greater than 60 days, subject to change. Renewal Extension Period refers to the time by which You extend the
renewal date of the customer’s subscription, without additional charges. For purposes of determining the
commissions to which Apple is entitled under this Section 3.4, the prices payable by Custom App Distribution
Customers shall be net of any and all taxes collected, as provided in Section 3.2 of this Schedule 3.
Except as otherwise provided in Section 3.2 of this Schedule 3, Apple shall be entitled to the commissions
specified in Section 3.4 hereof without reduction for any taxes or other government levies, including any and all
taxes or other, similar obligations of You, Apple or any Custom App Distribution Customer relating to the
delivery or use of the Custom Applications. For sales of Licensed Applications and/or Custom Applications
developed by Apple, Apple is not entitled to a commission.
3.5 Upon collection of any amounts from any Custom App Distribution Customer as the price for any
Custom Application delivered to that Custom App Distribution Customer’s designated End-Users hereunder,
Apple shall deduct the full amount of its commission with respect to that Custom Application, and any taxes
collected by Apple under Section 3.2 and 3.4 hereof, and shall remit to You, or issue a credit in Your favor, as
the case may be, the remainder of those prices in accordance with Apple standard business practices,
including the following: remittance payments (i) are made by means of wire transfer only; (ii) are subject to
minimum monthly remittance amount thresholds; (iii) require You to provide certain remittance-related
information on the App Store Connect site; and (iv) subject to the foregoing requirements, will be made no later
than forty-five (45) days following the close of the monthly period in which the corresponding amount was
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received by Apple from the End-User. No later than forty-five (45) days following the end of each monthly
period, Apple will make available to You on the App Store Connect site a sales report in sufficient detail to
permit You to identify the Custom Applications sold in that monthly period and the total amount to be remitted
to You by Apple. You hereby acknowledge and agree that Apple shall be entitled to a commission, in
accordance with this Section 3.5 on the delivery of any Content Codes to any Custom App Distribution
Customer, even if Apple is unable to collect the price for that Custom Application from the Custom App
Distribution Customer. In the event that the purchase price received by Apple from any Custom App
Distribution Customer for any Custom Application is in a currency other than the remittance currency agreed
between Apple and You, the purchase price for that Custom Application shall be converted to the remittance
currency, and the amount to be remitted by Apple to You shall be determined, in accordance with an exchange
rate fixed for the Delivery Period, as reflected in the App Store Connect tool, as may be updated from time to
time, pursuant to section 3.1 of this Schedule 3. Apple may provide a means on App Store Connect to enable
You to designate a primary currency for the bank account designated by You for receiving remittances
(“Designated Currency”). Apple may cause Apple’s bank to convert all remittances in any remittance currency
other than the Designated Currency into the Designated Currency prior to remittance to You. You agree that
any resulting currency exchange differentials or fees charged by Apple’s bank may be deducted from such
remittances. You remain responsible for any fees (e.g., wire transfer fees) charged by Your bank or any
intermediary banks between Your bank and Apple’s bank.
3.6 In the event that Apple’s commission or any price payable by any Custom App Distribution Customer
for any of the Custom Applications is subject to (i) any withholding or similar tax; or (ii) any sales, use, goods
and services, value added, telecommunications or other tax or levy not collected by Apple under Section 3.2
hereof; or (iii) any other tax or other government levy of whatever nature, the full amount of that tax or levy shall
be solely for Your account, and shall not reduce the commission to which Apple is entitled under this Schedule
3.
3.7 In the event that any remittance made by Apple to You is subject to any withholding or similar tax, the
full amount of that withholding or similar tax shall be solely for Your account, and will not reduce the
commission to which Apple is entitled on that transaction. If Apple reasonably believes that such tax is due,
Apple will deduct the full amount of such withholding or similar tax from the gross amount owed to You, and will
pay the full amount withheld over to the competent tax authorities. Apple will apply a reduced rate of
withholding tax, if any, provided for in any applicable income tax treaty only if You furnish Apple with such
documentation required under that income tax treaty or otherwise satisfactory to Apple, sufficient to establish
Your entitlement to the benefit of that reduced rate of withholding tax. Upon Your timely request to Apple in
writing, using means reasonably designated by Apple, Apple will use commercially practical efforts to report to
You the amount of Apple’s payment of withholding or similar taxes to the competent tax authorities on Your
behalf. You will indemnify and hold Apple harmless against any and all claims by any competent tax authority
for any underpayment of any such withholding or similar taxes, and any penalties and/or interest thereon,
including, but not limited to, underpayments attributable to any erroneous claim or representation by You as to
Your entitlement to, or Your disqualification for, the benefit of a reduced rate of withholding tax.
3.8 You may offer auto-renewing subscriptions in select Territories using the In-App Purchase API subject
to the terms of this Schedule 3, provided that:
(a) Auto-renew functionality must be on a weekly, monthly, bi-monthly, tri-monthly, semi-annual, or annual
basis at prices You select in the App Store Connect tool. You may, however, offer more than one option.
(b) You clearly and conspicuously disclose to users the following information regarding Your auto-
renewing subscription:
• Title of auto-renewing subscription, which may be the same as the in-app product name
• Length of subscription
• Price of subscription, and price per unit if appropriate
Links to Your Privacy Policy and Terms of Use must be accessible within Your Licensed Application or
Custom Application.
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(c) You must fulfill the offer during the entire subscription period, as marketed, including any Billing Grace
period You authorize, and, in the event You breach this section 3.8(c) of Schedule 3, You hereby authorize and
instruct Apple to refund to the End-User the full amount, or any portion thereof in Apple’s sole discretion, of the
price paid by the End-User for that subscription. Billing Grace Period refers to the period during which
Developers agree to provide paid service for free to users who do not recover from a billing error. In the event
that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount
equal to the price for that subscription. You acknowledge that Apple may exercise its rights under section 7.3 of
this Schedule 3 for repeated violations of this provision.
3.9 When You make price changes to an existing subscription item, You may elect to retain current pricing
for Your existing customers by indicating Your intent in the App Store Connect tool. When You increase pricing
for existing subscribers in regions that require end-user consent, they will be prompted to review and agree to
the new price, otherwise the auto-renewal feature will be disabled.
3.10 To the extent You promote and offer for sale auto-renewing subscriptions within or outside of Your
Custom Application, You must do so in compliance with all legal and regulatory requirements.
3.11 Subscription services purchased within Custom Applications must use In-App Purchase, which will be
charged to the End-User iTunes account, not the Custom App Distribution Customer account.
In addition to using the In-App Purchase API, a Custom Application may read or play content (magazines,
newspapers, books, audio, music, video) that is offered outside of the Custom Application (such as, by way of
example, through Your website) provided that You do not link to or market external offers for such content
within the Custom Application. You are responsible for authentication access to content acquired outside of
the Custom Application.
3.12 If Your Custom Application is periodical content-based (e.g. magazines and newspapers), Apple may
provide You with the name, email address, and zip code associated with an End-User’s account when they
purchase an auto-renewing subscription via the In-App Purchase API, provided that such user consents to the
provision of data to You, and further provided that You may only use such data to promote Your own products
and otherwise in strict compliance with Your publicly posted Privacy Policy, a copy of which must be readily
viewed through and is consented to in Your Custom Application. You may offer a free incentive to extend the
subscription if the user agrees to send this information.
4. Ownership and End-User Licensing
4.1 The parties acknowledge and agree that Apple shall not acquire any ownership interest in or to any of
the Custom Applications or Licensed Application Information, and title, risk of loss, responsibility for, and
control over the Custom Applications shall, at all times, remain with You. Apple may not use any of the Custom
Applications or Licensed Application Information for any purpose, or in any manner, except as specifically
authorized in this Schedule 3.
4.2 You may deliver to Apple Your own EULA for any Custom Application at the time that You deliver that
Custom Application to Apple, in accordance with Section 2.1 of this Schedule 3; provided, however, that Your
EULA must include and may not be inconsistent with the minimum terms and conditions specified on Exhibit D
to this Schedule 3, and must comply with all applicable laws in the United States. Apple shall allow each End-
User to which Apple allows access to any such Custom Application to review Your EULA (if any) at the time
that Apple delivers that Custom Application to that End-User, and Apple shall notify each End-User that the
End-User’s use of that Custom Application is subject to the terms and conditions of Your EULA (if any). In the
event that You do not furnish Your own EULA for any Custom Application to Apple, You acknowledge and
agree that each End-User’s use of that Custom Application shall be subject to Apple’s standard EULA (which is
part of the App Store Terms of Service).
4.3 You hereby acknowledge that the EULA for each of the Custom Applications is solely between You
and the End-User and conforms to applicable law, and Apple shall not be responsible for, and shall not have
any liability whatsoever under, any EULA or any breach by You or any End-User of any of the terms and
conditions of any EULA.
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5.1 You represent and warrant that: (a) You have the right to enter into this Agreement, to reproduce and
distribute each of the Custom Applications, and to authorize Apple to permit End-Users to download and use
each of the Custom Applications through the Custom App Distribution Site; (b) none of the Custom
Applications, or Apple’s or End-Users’ permitted uses of those Custom Applications, violate or infringe any
patent, copyright, trademark, trade secret or other intellectual property or contractual rights of any other person,
firm, corporation or other entity and that You are not submitting the Custom Applications to Apple on behalf of
one or more third parties other than under license grant from one or more Custom App Distribution Customers;
(c) each of the Custom Applications is authorized for distribution, sale and use in, export to, and import into
each of the regions designated by You pursuant to Section 2.1 of this Schedule 3, in accordance with the laws
and regulations of those regions and all applicable export/import regulations; (d) none of the Custom
Applications contains any obscene, offensive or other materials that are prohibited or restricted under the laws
or regulations of any of the regions You designated pursuant to Section 2.1 of this Schedule 3; (e) all
information You provided using the App Store Connect tool, including any information relating to the Custom
Applications, is accurate and that, if any such information ceases to be accurate, You will promptly update it to
be accurate using the App Store Connect tool; and (f) in the event a dispute arises over the content of Your
Custom Applications or use of Your intellectual property in connection with the Custom App Distribution Site,
You agree to permit Apple to share Your contact information with the party filing such dispute and to follow
Apple’s app dispute process on a non-exclusive basis and without any party waiving its legal rights.
5.2 You shall use the software rating tool set forth on App Store Connect to supply information regarding
each of the Custom Applications delivered by You for marketing and fulfillment by Apple through the Custom
App Distribution Site under this Schedule 3 in order to assign a rating to each such Custom Application. For
purposes of assigning a rating to each of the Custom Applications, You shall use Your best efforts to provide
correct and complete information about the content of that Custom Application with the software rating tool.
You acknowledge and agree that Apple is relying on: (i) Your good faith and diligence in accurately and
completely providing requested information for each Custom Application; and (ii) Your representations and
warranties in Section 5.1 hereof, in making that Custom Application available for download by End-Users in
each of the regions You designated hereunder. Furthermore, You authorize Apple to correct the rating of any
Custom Application of Yours that has been assigned an incorrect rating; and You agree to any such corrected
rating.
5.3 In the event that any region You designated hereunder requires the approval of, or rating of, any
Custom Application by any government or industry regulatory agency as a condition for the distribution, sale
and/or use of that Custom Application, You acknowledge and agree that Apple may elect not to make that
Custom Application available for purchase by Custom App Distribution Customers and/or download by End-
Users in that region from the Custom App Distribution Site.
5.4 Custom Applications that are targeted at children or otherwise likely to appeal to children, and which
pressure children to make purchases (including, but not limited to, phrases such as “buy now” or “upgrade
now”) or persuade others to make purchases for them, should not be made available in any Territory that has
deemed such marketing practices illegal. You expressly accept and agree to take full responsibility for Your
Custom Applications’ compliance with applicable laws pursuant to Section 5.1(c) of this Schedule 3, including
without limitation consumer protection, marketing, and gaming laws. For more information on legal
requirements of regions in the European Union, see http://ec.europa.eu/justice/consumer-
marketing/unfairtrade/index_en.htm.
6.1 Apple shall have no responsibility for the installation and/or use of any of the Custom Applications by
any End-User. You shall be solely responsible for any and all product warranties, End-User assistance and
product support with respect to each of the Custom Applications.
6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with
respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or
attributable to, the Custom Applications and/or the use of those Custom Applications by any End-User,
including, but not limited to: (i) claims of breach of warranty, whether specified in the EULA or established
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under applicable law; (ii) product liability claims; and (iii) claims that any of the Custom Applications and/or the
End-User’s possession or use of those Custom Applications infringes the copyright or other intellectual property
rights of any third party.
6.3 In the event that Apple receives any notice or claim from any End-User that: (i) the End-User wishes to
cancel its license to any of the Custom Applications within ninety (90) days of the date of download of that
Custom Application by that End-User or the end of the auto-renewing subscription period offered pursuant to
section 3.8 if such period is less than ninety (90) days; or (ii) a Custom Application fails to conform to Your
specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the
Custom App Distribution Customer and/or End-User, as applicable, the full amount of the price paid by the
Custom App Distribution Customer or End-User for that Custom Application. In the event that Apple refunds
any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price
for that Custom Application. In the event that Apple receives any notice or claim from a payment provider that
an End-User has obtained a refund for a Custom Application, You shall reimburse, or grant Apple a credit for,
an amount equal to the price for that Custom Application.
7. Termination
7.1 This Schedule 3, and all of Apple’s obligations hereunder, shall terminate upon the expiration or
termination of the Agreement. Notwithstanding any such termination, Apple shall be entitled to: (i) all
commissions on all Content Codes redeemable for copies of the Custom Applications provided to Custom App
Distribution Customers prior to the date of termination (including the phase-out period set forth in Section 1.4
hereof); and (ii) reimbursement from You of refunds paid by Apple to Custom App Distribution Customers
and/or End-Users, whether before or after the date of termination, in accordance with Section 6.3 of this
Schedule 3. When the Agreement terminates, Apple may withhold all payments due to You for a period that
Apple determines is reasonable in order to calculate and offset any Custom App Distribution Customer and/or
End-User refunds. If at any time Apple determines or suspects that You or any developers with which You are
affiliated have engaged in, or encouraged or participated with other developers to engage in, any suspicious,
misleading, fraudulent, improper, unlawful or dishonest act or omission, Apple may withhold payments due to
You or such other developers.
7.2 In the event that You no longer have the legal right to distribute the Custom Applications, or to
authorize Apple to allow access to those Custom Applications by End-Users, in accordance with this Schedule
3, You shall promptly notify Apple and withdraw those Custom Applications from the Custom App Distribution
Site using the tools provided on the App Store Connect tool; provided, however, that such withdrawal by You
under this Section 7.2 shall not relieve You of any of Your obligations to Apple under this Schedule 3, or any
liability to Apple and/or any End-User with respect to those Custom Applications.
7.3 Apple reserves the right to cease marketing, offering, and allowing purchase by Custom App
Distribution Customers and download by End-Users of the Custom Applications at any time, with or without
cause, by providing notice of termination to You. Without limiting the generality of this Section 7.3, You
acknowledge that Apple may cease the marketing and allowing download by End-Users of some or all of the
Custom Applications if Apple reasonably believes that: (i) those Custom Applications are not authorized for
export to one or more of the regions listed on Exhibit A, in accordance with the Export Administration
Regulations or other restrictions; (ii) those Custom Applications and/or any End-User’s possession and/or use
of those Custom Applications, infringe patent, copyright, trademark, trade secret or other intellectual property
rights of any third party; (iii) the distribution, sale and/or use of those Custom Applications violates any
applicable law in any region You designated pursuant to Section 2.1 of this Schedule 3; (iv) You have violated
the terms of the Agreement, this Schedule 3, or other documentation including without limitation the App Store
Review Guidelines; (v) Your Custom Applications violate Section 5.4 of this Schedule 3, including without
limitation upon notice by a regulator of an alleged violation; or (vi) You or anyone representing You or Your
company are subject to sanctions of any region in which Apple operates. An election by Apple to cease the
marketing and allowing download of any Custom Applications, pursuant to this Section 7.3, shall not relieve
You of Your obligations under this Schedule 3.
7.4 You may withdraw any or all of the Custom Applications from the Custom App Distribution Site, at any
time, and for any reason, by using the tools provided on the App Store Connect site, except that, with respect
to Your End-Users, You hereby authorize and instruct Apple to fulfill any outstanding Content Code redemption
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requests by End-Users and to fulfill sections 1.2(b), (c), and (d) of this Schedule 3, which shall survive
termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 5.1 and 7.2 of
this Schedule 3.
The relationship between You and Apple established by this Schedule 3 may have important legal and/or tax
consequences for You. You acknowledge and agree that it is Your responsibility to consult with Your own legal
and tax advisors with respect to Your legal and tax obligations hereunder.
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EXHIBIT A
1. Apple as Agent
You appoint Apple Canada, Inc. (“Apple Canada”) as Your agent for the marketing and End-User download of
the Licensed and Custom Applications by End-Users located in the following region:
Canada
You appoint Apple Pty Limited (“APL”) as Your agent for the marketing and End-User download of the Licensed
and Custom Applications by End-Users located in the following regions:
Australia
New Zealand
You appoint Apple Inc. as Your agent pursuant to California Civil Code §§ 2295 et seq. for the marketing and
End-User download of the Licensed and Custom Applications by End-Users located in the following region:
United States
You appoint Apple Services LATAM LLC as Your agent pursuant to California Civil Code §§ 2295 et seq. for
the marketing and End-User download of the Licensed and Custom Applications by End-Users located in the
regions identified below, as updated from time to time via the App Store Connect site:
Argentina* Cayman Islands Guatemala* St. Lucia

Anguilla Chile* Honduras* St. Vincent & The
Antigua & Barbuda Colombia* Jamaica Grenadines
Bahamas Costa Rica* Mexico* Suriname
Barbados Dominica Montserrat Trinidad & Tobago
Belize Dominican Republic* Nicaragua* Turks & Caicos
Bermuda Ecuador* Panama* Uruguay
Bolivia* El Salvador* Paraguay* Venezuela*
Brazil* Grenada Peru*
British Virgin Islands Guyana St. Kitts & Nevis
You appoint iTunes KK as Your agent pursuant to Article 643 of the Japanese Civil Code for the marketing and
End-User download of the Licensed and Custom Applications by End-Users located in the following region:
Japan
2. Apple as Commissionaire
You appoint Apple Distribution International Ltd., as Your commissionaire for the marketing and End-User
download of the Licensed and Custom Applications by End-Users located in the following regions, as updated
from time to time via the App Store Connect site. For the purposes of this Agreement, "commissionaire" means
an agent who purports to act on their own behalf and concludes agreements in their own name but acts on
behalf of other persons, as generally recognized in many Civil Law legal systems.
Afghanistan Belgium* Cambodia Croatia

Albania Benin Cameroon Cyprus*
Algeria Bhutan Cape Verde Czech Republic
Angola Bosnia and Chad Denmark*
Armenia Herzegovina China* Egypt*
Austria Botswana Congo (Democratic Estonia*
Azerbaijan Brunei Republic of) Fiji
Bahrain* Bulgaria* Congo (Republic of) Finland*
Belarus Burkina-Faso Cote d’Ivoire France*
1 July 2022
Gabon Liberia Niger Spain*

Gambia Libya Nigeria Sri Lanka
Georgia Lithuania* Norway* Swaziland
Germany* Luxembourg* Oman Sweden*
Ghana Macau Pakistan Switzerland*
Greece* Macedonia Palau Taiwan*
Guinea-Bissau Madagascar Papua New Guinea Tajikistan
Hong Kong* Malawi Philippines* Tanzania
Hungary Malaysia* Poland Thailand*
Iceland* Maldives Portugal Tonga
India Mali Qatar* Tunisia
Indonesia Malta, Republic of* Romania* Turkey*
Iraq Mauritania Russia* Turkmenistan
Ireland* Mauritius Rwanda UAE*
Israel* Micronesia, Fed Sao Tome e Uganda
Italy* States of Principe Ukraine*
Jordan Moldova Saudi Arabia* United Kingdom*
Kazakhstan Mongolia Senegal Uzbekistan
Kenya Montenegro Serbia Vanuatu
Korea* Morocco Seychelles Vietnam*
Kosovo Mozambique Sierra Leone Yemen
Kuwait Myanmar Singapore* Zambia
Kyrgyzstan Namibia Slovakia* Zimbabwe
Laos Nauru Slovenia*
Latvia* Nepal Solomon Islands
Lebanon Netherlands* South Africa
1 July 2022
EXHIBIT B
1. If taxes apply, Apple shall collect and remit to the competent tax authorities the taxes described in Section
3.2 of Schedule 2 for sales of the Licensed Applications to End-Users and in Section 3.2 of Schedule 3 for
sales of the Custom Applications to the Custom App Distribution Customers located in the following regions, as
updated from time to time via the App Store Connect site:
Albania Czech Republic Lithuania Slovakia

Armenia Denmark Luxembourg Slovenia
Australia Estonia Malaysia South Africa
Austria Finland Malta, Republic of Spain
Bahamas France Mexico*** Sweden
Bahrain Georgia Moldova Switzerland
Barbados Germany Netherlands Taiwan
Belarus Ghana New Zealand Tajikistan**
Belgium Greece Nigeria Thailand**
Bosnia and Hungary Norway Turkey
Herzegovina Iceland Oman Ukraine
Bulgaria India Poland United Arab
Canada Indonesia** Portugal Emirates
Cambodia Ireland Romania Uganda
Cameroon Italy Russia** United Kingdom
Chile Kazakhstan Saudi Arabia United States
China* Kenya Serbia Uruguay†
Colombia Korea** Singapore** Uzbekistan**
Croatia Kosovo Zimbabwe
Cyprus Kyrgyzstan
Latvia
* Except for certain taxes to be collected as required by the Chinese government, Apple shall not collect or
remit additional taxes or levies in China. You understand and agree that You shall be solely responsible for the
collection and remittance of any taxes as may be required by local law.
** Solely applicable to non-resident Developers. Apple shall not collect and remit taxes for local Developers,
and such developers shall be solely responsible for the collection and remittance of such taxes as may be
required by local law.
*** Solely applicable to Developers who are not registered with the local tax authorities for VAT purposes in
Mexico. For Developers who are registered for VAT purposes in Mexico, Apple shall collect and remit (i) the
total VAT amount to local corporations and foreign residents, and (ii) the applicable VAT amount to local
individuals and the remaining VAT amount to the local tax authorities, in accordance with local law.
Developers shall be responsible for the remittance of such VAT to competent tax authorities as may be
required by local law.
† Except for certain taxes on digital transactions that Apple must collect as required by the Uruguayan
government, Apple shall not collect or remit additional taxes or levies in Uruguay. You understand and agree
that You shall be solely responsible for the collection and remittance of any taxes imposed on Your earnings as
may be required by local law.
2. Apple shall not collect and remit the taxes described in Section 3.2 of Schedule 2 for sales of the
Licensed Applications to End-Users and in Section 3.2 of Schedule 3 for sales of the Custom Applications to
the Custom App Distribution Customers located in the regions not listed above in Section 1 of this Exhibit B.
You shall be solely responsible for the collection and remittance of such taxes as may be required by local
law.
1 July 2022
EXHIBIT C
1. AUSTRALIA
1.1 General
(a) Terms defined in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”) have the same
meaning when used in this Section 1.
(b) This Section 1 of Exhibit C survives the termination of the Agreement.
1.2 Delivery of Licensed and Custom Applications to End-Users in Australia
Where You designate APL to allow access to the Licensed and Custom Applications to End-Users in Australia:
1.2.1 You shall indemnify and hold Apple harmless against any and all claims by the Commissioner of
Taxation (“Commissioner”) for nonpayment or underpayment of GST under the A New Tax System (Goods and
Services Tax) Act 1999 (“GST Act”) and for any penalties and / or interest thereon. In addition, You shall
indemnify and hold Apple harmless against any penalties imposed by the Commissioner for failing to register
for GST in Australia.
1.2.2 Goods and Services Tax (GST)
(a) General
(i) This Section 1.2 of Exhibit C applies to supplies made by You, through APL, as agent, that are
connected with Australia. Terms defined in the GST Act have the same meaning when used in
this Section 1.2.
(ii) Unless expressly stated otherwise, any sum payable or amount used in the calculation of a sum
payable under Schedule 2 and Schedule 3 has been determined without regard to GST and
must be increased on account of any GST payable under this Section 1.2.
(iii) If any GST is payable on any taxable supply made under Schedule 2 and Schedule 3 by a
supplier to a recipient, the recipient must pay the GST to the supplier at the same time and in
the same manner as providing any monetary consideration. For the avoidance of doubt, this
includes any monetary consideration that is deducted by APL as commission in accordance
with Section 3.4 of Schedule 2 and Section 3.4 of Schedule 3.
(iv) The amount recoverable on account of GST under this clause by APL will include any fines,
penalties, interest and other charges.
(v) This Section 1 of Exhibit C survives the termination of the Agreement.
(b) Resident Developers or Non-resident GST-Registered Developers with an ABN
(i) If You are a resident of Australia, it is a condition of Schedule 2 and Schedule 3 that You have
an Australian Business Number (“ABN”) and are registered for GST or have submitted an
application to register for GST to the Commissioner with an effective GST registration date of no
later than the date of Schedule 2 and Schedule 3. You will provide Apple with satisfactory
evidence of Your ABN and GST registration (by uploading to Apple, using the App Store
Connect site, a copy of Your GST registration or print-out from the Australian Business
Register) within 30 days of Schedule 2 and Schedule 3. You warrant that You will notify Apple if
You cease to hold a valid ABN or be registered for GST.
1 July 2022
(ii) If You are a non-resident and are registered for GST with an ABN, it is a condition of Schedule
2 and Schedule 3 that You will provide Apple with satisfactory evidence of Your ABN and GST
registration within 30 days of Schedule 2 and Schedule 3. You warrant that You will notify Apple
if You cease to be registered for GST with an ABN.
(iii) You and APL agree to enter into an arrangement for the purposes of s.153-50 of the GST Act.
You and APL further agree that for taxable supplies made by You, through APL as agent, to any
End-User:
(A) APL will be deemed as making supplies to any End-User;
(B) You will be deemed as making separate, corresponding supplies to APL;
(C) APL will issue to any End-User, in APL’s own name, all tax invoices and adjustment notes
relating to supplies made under section 1.2.2(b)(iii)(A);
(D) You will not issue to any End-User any tax invoices or adjustment notes relating to taxable
supplies made under section 1.2.2(b)(iii)(A);
(E) APL will issue a recipient created tax invoice to You in respect of any taxable supplies made by
You to APL under Schedule 2 and Schedule 3, including taxable supplies made under section
1.2.2(b)(iii)(B); and
(F) You will not issue a tax invoice to APL in respect of any taxable supplies made by You to APL
under Schedule 2 and Schedule 3, including taxable supplies made under section
1.2.2(b)(iii)(B).
(c) Non-resident, Non-GST-registered Developers
If You are a non-resident and are not registered for GST with an ABN, then:
(i) APL will issue to any End-User, in APL’s own name, all tax invoices and adjustment notes
relating to taxable supplies made by You through APL as agent; and
(ii) You will not issue to any End-User any tax invoices or adjustment notes relating to taxable
supplies made by You through APL as agent.
1.3 Australian Developers – Delivery of Licensed and Custom Applications to End-Users and Custom
App Distribution Customers Outside Australia
If You are a resident of Australia and You appoint Apple as Your agent or commissionaire for the marketing
and End-User and Custom App Distribution Customer download of the Licensed and Custom Applications by
End-Users and Custom App Distribution Customers located outside of Australia, it is a condition of this contract
that You confirm that You have an Australian Business Number (“ABN”) and are registered for GST under the
A New Tax System (Goods and Services Tax Act 1999 (“GST Act”). You will provide Apple with satisfactory
evidence of Your ABN and GST registration (by uploading to Apple, using the App Store Connect site, a copy
of Your GST registration or print-out from the Australian Business Register) within 30 days of Schedule 2 and
Schedule 3. You warrant that You will notify Apple if You cease to hold a valid ABN or be registered for GST.
2. BRAZIL
Delivery of Licensed and Custom Applications to End-Users and Custom App Distribution Customers
in Brazil
1 July 2022
Where You designate Apple Services LATAM LLC to allow access to the Licensed and Custom Applications to
End-Users and Custom App Distribution Customers in Brazil:
(A) General
2.1 You acknowledge and agree that You have the sole responsibility for: (i) any indirect taxes liability
(including but not limited to goods and services taxes), with respect to delivery on Your behalf of Your Licensed
and Custom Applications to End-Users and Custom App Distribution Customers by Apple; (ii) filing of indirect
tax returns and payment of indirect taxes to the Brazilian government, if applicable; and (iii) determining
independently, or in consultation with Your own tax advisor, Your taxpayer status and tax payment obligations
for indirect tax purposes.
2.2 You authorize, consent to, and acknowledge that Apple may use a third party in Brazil, an Apple
subsidiary and/or a third party vendor (the “Collecting Entity”), to collect any amounts from End-Users or
Custom App Distribution Customers for the Licensed or Custom Applications and remit such amounts out of
Brazil to Apple to enable the remittance of Your proceeds to You.
2.3 To the extent withholding taxes are applicable on remittances out of Brazil of the prices payable by End
Users or Custom App Distribution Customers for the Licensed or Custom Applications, the Collecting Entity will
deduct the full amount of such withholding tax from the gross amount owed to You by Apple and will pay the
amount withheld to the competent Brazilian tax authorities in Your name. The Collecting Entity will use
commercially practical efforts to issue the respective withholding tax forms, which will be provided to You by
Apple as provided in the Brazilian tax law. You are solely responsible for providing any additional
documentation required by the tax authorities in Your region to be able to claim any foreign tax credits, if
applicable.
(B) Non-Resident Developers
2.4 If You are not a resident of Brazil and to the extent withholding taxes are applicable on the remittances
out of Brazil of the gross amount owed to You, You may provide to Apple Your region of residence certificate or
equivalent documentation to claim a reduced rate of withholding tax under an applicable income tax treaty
between Your region of residence and Brazil. The Collecting Entity will apply a reduced rate of withholding tax,
if any, as provided in the applicable income tax treaty between Your region of residence and Brazil, only after
You furnish Apple with the documentation as required under that income tax treaty or otherwise satisfactory to
Apple, which is sufficient to establish Your entitlement to that reduced rate of withholding tax. You
acknowledge that the reduced rate will only take effect after Apple approves and accepts the tax residence
certificate or equivalent documentation provided by You. Notwithstanding section 3.3 of Schedule 2 and
section 3.3 of Schedule 3, if Your funds will be remitted out of Brazil prior to receipt and approval by Apple of
such tax documentation, the Collecting Entity may withhold and remit to the competent tax authorities the full
amount of withholding tax unreduced by any tax treaty, and Apple will not refund to You any amount of such
taxes withheld and remitted.
You will indemnify and hold Apple and the Collecting Entity harmless against any and all claims by any
competent tax authority for any underpayment of any such withholding or similar taxes, and any penalties
and/or interest thereon, including, but not limited to, underpayments attributable to any erroneous claim or
representation by You as to Your entitlement to, or Your actual disqualification for, the benefit of a reduced rate
of withholding tax.
(C) Resident Developers
2.5 If You are a resident of Brazil, You must update Your account with Your respective Brazilian taxpayer
number (CNPJ or CPF, as applicable). You acknowledge that by not providing Your respective Brazilian
taxpayer number, Your Licensed and Custom Applications may be removed from the Brazilian Store until such
time as Your Brazilian taxpayer number is provided.
1 July 2022
3. CANADA
Delivery of Licensed and Custom Applications to End-Users in Canada
If You are a resident of Canada, You must add to or update Your account with Your Canadian GST/HST
number. If You are a resident of Quebec, You must also add or update Your account with Your Quebec QST
number.
Where You designate Apple Canada to allow access to the Licensed and Custom Applications to End-Users in
Canada:
3.1 General
You shall indemnify and hold Apple harmless against any and all claims by the Canada Revenue Agency (the
“CRA”), Ministere du Revenu du Quebec (the “MRQ”) and the tax authorities of any province that has a
provincial retail sales tax (“PST”) for any failure to pay, collect or remit any amount(s) of goods and services
tax/harmonized sales tax (“GST/HST”) imposed under the Excise Tax Act (Canada) (The “ETA”), Quebec
Sales Tax (“QST”) or PST and any penalties and/or interest thereon in connection with any supplies made by
Apple Canada to End-Users in Canada on Your behalf and any supplies made by Apple Canada to You.
3.2 GST/HST
(a) This Section 3.2 of Exhibit C applies with respect to supplies made by You, through Apple Canada, as
agent to End-Users in Canada. Terms defined in the ETA have the same meaning when used in this Section
3.2. Apple Canada is registered for GST/HST purposes, with GST/HST Registration No. R100236199.
(b) If You are a resident of Canada or are a non-resident of Canada that is required to register for GST/HST
purposes pursuant to the ETA, it is a condition of Schedule 2 and Schedule 3, that You are registered for
GST/HST or have submitted an application to register for GST/HST to the CRA with an effective GST/HST
registration date of no later than the date of Schedule 2 and Schedule 3. You shall provide Apple Canada with
satisfactory evidence of Your GST/HST registration (e.g., a copy of Your CRA confirmation letter or print-out
from the GST/HST Registry on the CRA web site) at Apple Canada’s request. You warrant that You will notify
Apple Canada if You cease to be registered for GST/HST.
(c) If You are registered for GST/HST purposes, You, by executing Schedule 2 and Schedule 3, (i) agree to
enter into the election pursuant to subsection 177(1.1) of the ETA to have Apple Canada collect, account for
and remit GST/HST on sales of Licensed Applications and Custom Applications made to End-Users in Canada
on Your behalf and have completed (including entering its valid GST/HST registration number), signed and
returned to Apple Canada Form GST506 (accessible on the App Store Connect site); and (ii) acknowledge that
Apple will deduct from your remittance the applicable Canadian GST/HST and QST, based on Your address in
Canada, on the commission payable by You to Apple.
(d) If You are not registered for GST/HST purposes, by executing Schedule 2 and Schedule 3, and not
completing, signing and returning Form GST506 to Apple Canada, You (i) certify that You are not registered for
GST/HST purposes; (ii) certify that You are not resident in Canada and do not carry on business in Canada for
purposes of the ETA; (iii) acknowledge that Apple Canada will charge, collect and remit GST/HST on sales of
Licensed Applications and Custom Applications to End-Users in Canada made on Your behalf; (iv)
acknowledge that the commission payable by You to Apple Canada is zero-rated for GST/HST purposes (i.e.,
GST/HST rate is 0%); and (v) agree to indemnify Apple for any GST/HST, interest and penalty assessed
against Apple Canada if it is determined that You should have been registered for GST/HST purposes such
that the commission fees charged by Apple Canada were subject to GST/HST.
3.3 Quebec Sales Tax
Terms defined in an Act respecting the Quebec Sales Tax (the “QSTA”) have the same meaning when used in
this Section 3.3 of Exhibit C.
1 July 2022
(a) If You are a resident of Quebec, it is a condition of Schedule 2 and Schedule 3, that You are registered
for QST or have submitted an application to register for QST to the MRQ with an effective QST registration
date of no later than the date of Schedule 2 and Schedule 3. You shall provide Apple Canada with satisfactory
evidence of Your QST registration (e.g., a copy of Your MRQ confirmation letter or print-out from the QST
Registry on the MRQ web site) at Apple Canada’s request. You warrant that You will notify Apple Canada if
You cease to be registered for QST.
(b) If You are a resident of Quebec, You, by executing Schedule 2 and Schedule 3, (i) certify that You are
registered for QST; (ii) agree to enter into the election pursuant to section 41.0.1 of the QSTA to have Apple
Canada collect, account for and remit QST on sales of Licensed Applications and Custom Applications to End-
Users in Quebec made on Your behalf and have completed (including entering its valid QST registration
number), signed and returned to Apple Canada Form FP2506-V; and (iii) acknowledge that Apple Canada will
not charge, collect or remit QST on sales of Licensed Applications and Custom Applications made on Your
behalf to End-Users located outside Quebec on the assumption that the End-Users are not resident in Quebec
and not registered for QST purposes such that the sales are zero-rated for QST purposes.
(c) If You are not a resident of Quebec, by executing Schedule 2 and Schedule 3, and not completing,
signing and returning Form FP2506-V to Apple Canada, You (i) certify that You are not resident in Quebec; (ii)
certify that You do not have a permanent establishment in Quebec; and (iii) acknowledge Apple will charge,
collect and remit QST on sales of Licensed Applications and Custom Applications to End-Users in Quebec
made on Your behalf.
3.4 PST
This Section 3.4 of Exhibit C applies to supplies of Licensed and Custom Applications made by You, through
Apple Canada, as agent, to End-Users in any province that has or that adopts a PST. You acknowledge and
agree that Apple Canada may charge, collect and remit applicable PST on sales of Licensed and Custom
Applications made to End-Users in such provinces by Apple Canada on Your behalf.
4. CHILE
Chilean Developers - Delivery of Licensed and Custom Applications to End-Users and Custom App
Distribution Customers in or outside Chile
If You are a resident of Chile, Apple will apply VAT on the commission payable by You to Apple to be deducted
from Your remittance, pursuant to Chilean tax regulations, unless you confirm that you are a VAT taxpayer in
such region and provide proof of your VAT status.
5. JAPAN
(A) Delivery of Licensed and Custom Applications to End-Users in Japan
Where You designate iTunes KK to allow access to the Licensed and Custom Applications to End-Users in
Japan:
5.1 You acknowledge and agree that You have the sole responsibility for: (i) consumption tax output liability, if
any, with respect to delivery on Your behalf of Your Licensed and/or Custom Applications to End-Users by
iTunes KK; (ii) filing of consumption tax returns and payment of consumption tax to the Japanese government,
if applicable; and (iii) determining independently, in consultation with Your own tax advisor, Your taxpayer
status and tax payment obligations, and appointing your own tax administrator for consumption tax purposes. If
iTunes KK is requested by the Japanese tax authority as your tax administrator in Japan to collect, pay or file
your taxes in Japan, iTunes KK will not be able to assist you and you agree that you will appoint your own tax
administrator as soon as possible. Your remittance payment under section 3.5 of Schedule 2 and section 3.5 of
1 July 2022
Schedule 3 may not be made for Your applicable Licensed or Custom Applications until such time as You
appoint your own tax administrator.
5.2 Commissions charged by iTunes KK to Japan resident developers will include consumption tax.
(B) Japan Developers – Delivery of Licensed and Custom Applications to End-Users and Custom App
Distribution Customers Outside Japan
If Your principal or headquarters’ office is located in Japan and You appoint Apple as Your agent or
commissionaire for the marketing and End-User and Custom App Distribution Customer download of the
Licensed and Custom Applications by End-Users and Custom App Distribution Customers located outside of
Japan, You shall reverse charge any Japanese consumption tax that is payable on the commissions received
by Apple in consideration for its services as Your agent or commissionaire under Schedule 2 and Schedule 3.
6. KOREA
Korean Developers – Delivery of Licensed and Custom Applications to End-Users and Custom App
Distribution Customers in Korea
If You are a resident of Korea and You appoint Apple Distribution International Ltd. as Your agent or
commissionaire to deliver Licensed and Custom Applications to End-Users and Custom App Distribution
Customers in Korea, it is a condition of Schedule 2 and Schedule 3 that You have a Korean Business
Registration Number (“BRN”) or a Registration Number with Korean National Tax Service (collectively “Korean
Tax ID”).
You must update Your account with Your respective Korean Tax ID when prompted in App Store Connect. You
acknowledge that by not providing Your respective Korean Tax ID, Your Licensed or Custom Applications may
be removed from the Korean Store or Your remittance payment under section 3.5 of Schedule 2 and section
3.5 of Schedule 3 may not be made for Your applicable Licensed or Custom Applications until such time as
Your Korean Tax ID is provided.
At Apple Distribution International Ltd.’s request, You will provide Apple with satisfactory evidence of Your
Korean Tax ID (e.g., business registration certificate or print-out from the Korean National Tax Service's Home
Tax website). You warrant that You will notify Apple if You cease to hold a valid Korean Tax ID.
In order to comply with Apple’s obligations under applicable law to validate Your Korean Tax ID, Apple will use
a service provider to complete the validation process and will transfer Your Korean Tax ID to our service
provider for such purpose. Any personal data collected by Apple will be treated in accordance with Apple’s
Privacy Policy which can be viewed at http://www.apple.com/legal/privacy.
If You do not provide a valid Korean Tax ID to Apple, Apple reserves the right to charge Korean VAT on any
services provided to You under this Agreement.
7. MALAYSIA
Malaysian Developers – Delivery of Licensed and Custom Applications to End-Users and Custom App
Distribution Customers in or outside Malaysia
If You are a resident of Malaysia and You appoint Apple as Your agent or commissionaire to deliver Licensed
and Custom Applications to End-Users and Custom App Distribution Customers in the jurisdictions specified in
Exhibit A, pursuant to Malaysian tax regulations, Apple will apply Malaysia Service Tax on the commission
payable by You to Apple to be deducted from Your remittance.
1 July 2022
8. MEXICO
Mexican Developers – Delivery of Licensed and Custom Applications to End-Users and Custom App
Distribution Customers in or outside Mexico
If You are a resident of Mexico, Apple will apply VAT on the commission payable by You to Apple to be
deducted from Your remittance, pursuant to Mexican tax regulations. Apple will issue the corresponding invoice
for such commission.
Apple also will apply the withholding income tax rate applicable to individuals on remittances for sales of the
Licensed and Custom Applications to End-Users and Custom App Distribution Customers located in or outside
Mexico, pursuant to Mexican tax regulations. Apple will deduct the full amount of such withholding income tax
from the gross amount owed to You by Apple and will pay the amount withheld to the competent Mexican tax
authorities.
If You are registered and have a valid tax ID in Mexico (known as the R.F.C), You must provide Apple with a
copy of Your Mexican tax ID registration by uploading it using the App Store Connect tool. You warrant that
You will notify Apple if You cease to hold a valid tax ID. If You do not provide proof to Apple of Your Mexican
tax ID, Apple will apply the highest income tax rate in accordance with Mexican tax regulations.
9. NEW ZEALAND
9.1 General
(a) Terms defined in the Goods and Services Tax Act 1985 (“GST Act 1985”) have the same meaning when
used in Section 9 of Exhibit C.
(b) This Section 9 of Exhibit C survives the termination of the Agreement.
9.2 Delivery of Licensed and Custom Applications to End-Users and Custom App Distribution
Customers in New Zealand
Where You designate APL to allow access to the Licensed and Custom Applications to End-Users and Custom
App Distribution Customers in New Zealand:
9.2.1 General
(a) You shall indemnify and hold APL harmless against any and all claims by the Inland Revenue for
nonpayment or underpayment of GST under the GST Act 1985 and for any penalties and/or interest thereon.
(b) This Section 9.2 of Exhibit C applies to supplies made by You, through APL as agent, to any End User or
Custom App Distribution Customer who is resident in New Zealand.
(c) You and Apple agree that APL is the operator of the electronic marketplace in respect of supplies made
by You, through APL as agent, to any End-User or Custom App Distribution Customer who is resident in New
Zealand, and is treated as the supplier of those supplies under s. 60C of the GST Act 1985 for GST purposes.
9.2.2 Resident Developers
(a) If You are a resident of New Zealand, You and APL agree under s.60(1C) of the GST Act 1985 that
supplies of services made by You through APL as agent to any End-User or Custom App Distribution Customer
resident in New Zealand, are treated as 2 separate supplies for GST purposes, being—
(i) a supply of services from You to APL; and
1 July 2022
(ii) a supply of those services from APL to the End-User or Custom App Distribution Customer resident
in New Zealand.
(b) You and APL acknowledge that the supply of services from You to APL for GST purposes under Section
9.2.2(a)(i) of this Exhibit C is not subject to GST under the GST Act 1985.
9.2.3 Non Resident Developers
(a) If You are a non resident of New Zealand, You and Apple agree under s. 60(1B) of the GST Act 1985 that
supplies of services made by You through APL as agent to any End-User or Custom App Distribution Customer
resident in New Zealand, are treated as 2 separate supplies for GST purposes, being –
(i) a supply of services from You to APL; and
(ii) a supply of those services from APL to the End-User or Custom App Distribution Customer resident
in New Zealand.
(b) You and APL acknowledge that the supply of services from You to APL for GST purposes under Section
9.2.3(a)(i) of this Exhibit C is not subject to GST under the GST Act 1985.
9.2.4 APL will issue to any End-User or Custom App Distribution Customer, in APL’s own name, the required
documentation relating to supplies made under Section 9 of this Exhibit C.
9.2.5 You will not issue to any End-User or Custom App Distribution Customer any documentation relating to
supplies made under Section 9.2 of this Exhibit C.
9.3 New Zealand Developers – Delivery of Licensed and Custom Applications to End-Users and
Custom App Distribution Customers Outside New Zealand
If You are a resident of New Zealand and You appoint Apple as Your agent or commissionaire for the
marketing and End-User and Custom App Distribution Customer download of the Licensed and Custom
Applications by End-Users and Custom App Distribution Customers located outside of New Zealand, You and
Apple agree that under s.60C and 60(1C) of the GST Act 1985, supplies of services made by You through
Apple as agent to any End-User or Custom App Distribution Customer resident outside of New Zealand are
treated as 2 separate supplies for GST purposes under the GST Act 1985, being –
(i) a supply of services from You to Apple; and
(ii) a supply of those services from Apple to the End-User or Custom App Distribution Customer
resident outside of New Zealand.
You and Apple acknowledge that the deemed supply of services from You to Apple under (i) above will not
result in a GST cost to Apple under the GST Act 1985.
10. SINGAPORE
Singapore Developers – Delivery of Licensed and Custom Applications to End-Users and Custom App
Distribution Customers in or outside Singapore
If You are a resident of Singapore and You appoint Apple as Your agent or commissionaire to deliver Licensed
Exhibit A, it is a condition of Schedule 2 and Schedule 3 that You confirm to Apple whether You are registered
for Singapore GST. If You are registered for GST, You are required to provide Your Singapore GST registration
number upon request.
1 July 2022
If You are not registered for Singapore GST or do not provided Your Singapore GST registration number to
Apple, pursuant to Singapore tax regulations, Apple will apply Singapore GST on the commission payable by
You to Apple to be deducted from Your remittance.
11. TAIWAN
Delivery of Licensed and Custom Applications to End-Users and Custom App Distribution Customers
in Taiwan
If You file Income Tax in Taiwan and You appoint Apple Distribution International Ltd. as Your agent or
commissionaire to deliver Licensed and Custom Applications to End-Users and Custom App Distribution
Customers in Taiwan, it is a condition of Schedule 2 and Schedule 3 that You provide Apple your unified
business number in Taiwan if you are business or your personal identification card number in Taiwan if You are
an individual (collectively “Taiwan Tax ID”).
12. THAILAND
Thailand Developers – Delivery of Licensed and Custom Applications to End-Users and Custom App
Distribution Customers in Thailand
If You are a resident of Thailand and You appoint Apple as Your agent or commissionaire to deliver Licensed
Exhibit A, it is a condition of Schedule 2 and Schedule 3 that You confirm to Apple whether You are registered
for Thailand VAT. If You are registered for VAT, You are required to provide Your Thailand VAT registration
number upon request.
If You are not registered for Thailand VAT or do not provide Your Thailand VAT registration number to Apple,
pursuant to Thailand tax regulations, Apple will apply Thailand VAT on the commission payable by You to
Apple to be deducted from Your remittance with respect to your sales to Thailand customers.
13. UNITED STATES
Delivery of Licensed and Custom Applications to End-Users in the United States
Where You designate Apple Inc. to allow access to the Licensed and Custom Applications to End-Users in the
United States:
13.1 If You are not a resident of the United States for U.S. federal income tax purposes, You will complete
Internal Revenue Service Form W-8BEN and/or any other required tax forms and provide Apple with a copy of
such completed form(s), and any other information necessary for compliance with applicable tax laws and
regulations, as instructed on the App Store Connect site.
13.2 If Apple, in its reasonable belief, determines that any state or local sales, use or similar transaction tax
may be due from Apple or You in connection with the sale or delivery of any of the Licensed and Custom
Applications, Apple will collect and remit those taxes to the competent tax authorities. To the extent that the
incidence of any such tax, or responsibility for collecting that tax, falls upon You, You authorize Apple to act on
Your behalf in collecting and remitting that tax, but to the extent that Apple has not collected any such tax, or
has not received reimbursement for that tax, from End-Users, You shall remain primarily liable for the tax, and
You will reimburse Apple for any tax payments that Apple is required to make, but is not otherwise able to
recover.
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13.3 In the event that You incur liability for income tax, franchise tax, business and occupation tax, or any
similar taxes based on Your income, You shall be solely responsible for that tax.
14. END-USERS IN REGIONS LISTED IN EXHIBIT A, SECTION 2
Delivery of Licensed and Custom Applications to End-Users in regions listed in Exhibit A, Section 2
Where You designate Apple Distribution International Ltd., located at Hollyhill Industrial Estate, Hollyhill, Cork,
Republic of Ireland, to allow access to the Licensed and Custom Applications to End-Users in Exhibit A,
Section 2:
You acknowledge that in the event Apple Distribution International Ltd. is subject to any sales, use, goods and
services, value added, or other tax or levy with respect to any remittance to You, the full amount of such tax or
levy shall be solely for Your account. For the avoidance of doubt, any invoice issued by You to Apple
Distribution International Ltd. will be limited to amounts actually due to You, which amounts shall be inclusive of
any value added or other tax or levy as set forth above. You will indemnify and hold Apple harmless against
any and all claims by any competent tax authorities for any underpayment of any such sales, use, goods and
services, value added, or other tax or levy, and any penalties and/or interest thereon.
1 July 2022
EXHIBIT D
Instructions for Minimum Terms of Developer’s End-User License Agreement
1. Acknowledgement: You and the End-User must acknowledge that the EULA is concluded between You
and the End-User only, and not with Apple, and You, not Apple, are solely responsible for the Licensed and
Custom Applications and the content thereof. The EULA may not provide for usage rules for Licensed and
Custom Applications that are in conflict with, the Apple Media Services Terms and Conditions or the Volume
Content Terms as of the Effective Date (which You acknowledge You have had the opportunity to review).
2. Scope of License: Each license granted to the End-User for the Licensed and Custom Applications must
be limited to a non-transferable license to use the Licensed or Custom Application on any Apple-branded
Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media
Services Terms and Conditions, except that such Licensed Application may be accessed and used by other
accounts associated with the purchaser via Family Sharing, volume purchasing, or Legacy Contacts. Solely in
connection with certain Apple licensed software, the EULA must authorize a Custom App Distribution
Customer to distribute a single license of Your free Custom Applications to multiple End-Users.
3. Maintenance and Support: You must be solely responsible for providing any maintenance and support
services with respect to the Licensed and Custom Applications, as specified in the EULA, or as required under
applicable law. You and the End-User must acknowledge that Apple has no obligation whatsoever to furnish
any maintenance and support services with respect to the Licensed and Custom Applications.
4. Warranty: You must be solely responsible for any product warranties, whether express or implied by law,
to the extent not effectively disclaimed. The EULA must provide that, in the event of any failure of the Licensed
or Custom Applications to conform to any applicable warranty, the End-User may notify Apple, and Apple will
refund the purchase price for such Application to that End-User; and that, to the maximum extent permitted by
applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed and
Custom Applications, and any other claims, losses, liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be Your sole responsibility.
5. Product Claims: You and the End-User must acknowledge that You, not Apple, are responsible for
addressing any claims of the End-User or any third party relating to the Licensed and Custom Applications or
the end- user’s possession and/or use of the Licensed and Custom Applications, including, but not limited to: (i)
product liability claims; (ii) any claim that the Licensed or Custom Application fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar
legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit
frameworks. The EULA may not limit Your liability to the End-User beyond what is permitted by applicable law.
6. Intellectual Property Rights: You and the End-User must acknowledge that, in the event of any third
party claim that the Licensed or Custom Application or the End-User’s possession and use of the Licensed or
Custom Application infringes that third party’s intellectual property rights, You, not Apple, will be solely
responsible for the investigation, defense, settlement and discharge of any such intellectual property
infringement claim.
7. Legal Compliance: The End-User must represent and warrant that (i) the end-user is not located in a
region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as
a “terrorist supporting” region; and (ii) the end-user is not listed on any U.S. Government list of prohibited or
restricted parties.
8. Developer Name and Address: You must state in the EULA Your name and address, and the contact
information (telephone number; E-mail address) to which any End-User questions, complaints or claims with
respect to the Licensed and Custom Applications should be directed.
9. Third Party Terms of Agreement: You must state in the EULA that the End-User must comply with
applicable third party terms of agreement when using Your Application, e.g., if You have a VoIP application,
1 July 2022
then the End-User must not be in violation of their wireless data service agreement when using Your
Application.
10. Third Party Beneficiary: You and the End-User must acknowledge and agree that Apple, and Apple’s
subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User’s acceptance of the terms
and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to
enforce the EULA against the End-User as a third party beneficiary thereof.
1 July 2022
EXHIBIT E
Additional App Store Terms
1. Discoverability on the App Store: The discoverability of Your Licensed Application in the App Store
depends on several factors, and Apple is under no obligation to display, feature, or rank Your Licensed
Application in any particular manner or order in the App Store.
(a) The main parameters used for app ranking and discoverability are text relevance, such as using an
accurate title, adding relevant keywords/metadata, and selecting descriptive categories in the Licensed
Application; customer behavior relating to the number and quality of ratings and reviews and application
downloads; date of launch in the App Store may also be considered for relevant searches; and whether You
have violated any rules promulgated by Apple. These main parameters deliver the most relevant results to
customer search queries.
(b) When considering apps to feature in the App Store, our editors look for high-quality apps across all
categories, with a particular focus on new apps and apps with significant updates. The main parameters that
our editors consider are UI design, user experience, innovation and uniqueness, localizations, accessibility,
App Store product page screenshots, app previews, and descriptions; and additionally for games, gameplay,
graphics and performance, audio, narrative and story depth, ability to replay, and gameplay controls. These
main parameters showcase high-quality, well-designed, and innovative apps.
(c) If You use an Apple service for paid promotion of Your app on the App Store, Your app may be presented
in a promotional placement and designated as advertising content.
To learn more about app discoverability, visit https://developer.apple.com/app-store/discoverability/.
2. Access to App Store Data
You can access data concerning your Licensed Application’s financial performance and user engagement in
App Store Connect by using App Analytics, Sales and Trends, and Payments and Financial Reports.
Specifically, You can obtain all of Your Licensed Application’s financial results for individual app sales and in-
app purchases (including subscriptions) in Sales and Trends, or download the data from Financial Reports; and
You can view App Analytics for non-personally identifiable data that allows You to understand how consumers
engage with your Licensed Applications. More information can be found at https://developer.apple.com/app-
store/measuring-app-performance/. App Analytics data is provided only with the consent of our customers. For
more information, see https://developer.apple.com/app-store-connect/analytics/. Apple does not provide You
with access to personal or other data provided by or generated through use of the App Store by other
developers; nor does Apple provide other developers with access to personal or other data provided by or
generated through Your use of the App Store. Such data sharing would conflict with Apple’s Privacy Policy, and
with our customers’ expectations about how Apple treats their data. You can seek to collect information from
customers directly, so long as such information is collected in a lawful manner, and You follow the App Store
Review Guidelines.
Apple handles personal and non-personal information as outlined in Apple’s Privacy Policy. Information about
Apple’s access to and practices concerning developer and customer data can be found in “App Store &
Privacy,” accessible at https://www.apple.com/legal/privacy/data/en/app-store. Apple may provide some non-
personal information to strategic partners that work with Apple to provide our products and services, help Apple
market to customers, and sell ads on Apple’s behalf to display in the App Store and Apple News and Stocks.
Such partners are obligated to protect that information and may be located wherever Apple operates.
3. P2B Regulation Complaints and Mediation
Developers established in, and which offer goods or services to customer located in, a region subject to a
platform-to-business regulation (“P2B Regulation”), such as the Regulation of the European Parliament and of
the Council on promoting fairness and transparency for business users of online intermediation services, may
submit complaints pursuant to such P2B Regulation related to the following issues at
1 July 2022
https://developer.apple.com/contact/p2b/: (a) Apple’s alleged noncompliance with any obligations set forth in
the P2B Regulation which affect You in the region in which you are established; (b) technological issues that
affect You and relate directly to distribution of Your Licensed Application on the App Store in the region in
which you are established; or (c) measures taken by or behavior of Apple that affect You and relate directly to
distribution of Your Licensed Application on the App Store in the region in which you are established. Apple will
consider and process such complaints and communicate the outcome to You.
For Developers established in, and which offer goods or services to customer located in, the European Union,
Apple identifies the following panel of mediators with which Apple is willing to engage to attempt to reach an
agreement with developers established in, and which offer goods or services to customer located in, the
European Union on the settlement, out of court, of any disputes between Apple and You arising in relation to
the provision of the App Store services concerned, including complaints that could not be resolved by means of
our complaint-handling system:
Centre for Effective Dispute Resolution

P2B Panel of Mediators
70 Fleet Street
London
EC4Y 1EU
United Kingdom
https://www.cedr.com/p2bmediation/
1 July 2022
EXHIBIT B
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711!1 11"1 20120

EXHIBIT C
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") STATING THE
TERMS THAT GOVERN YOUR PARTICIPATION AS AN APPLE DEVELOPER. PLEASE READ THIS
APPLE DEVELOPER AGREEMENT (“AGREEMENT”) BEFORE PRESSING THE "AGREE" BUTTON
AND CHECKING THE BOX AT THE BOTTOM OF THIS PAGE. BY PRESSING "AGREE," YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
THE TERMS OF THIS AGREEMENT, PRESS "CANCEL".
Apple Developer Agreement

1. Relationship With Apple; Apple ID and Password. You understand and agree that by registering
with Apple to become an Apple Developer (“Apple Developer”), no legal partnership or agency
relationship is created between you and Apple. You agree not to represent otherwise. You also certify
that you are at least thirteen years of age and you represent that you are legally permitted to register as
an Apple Developer. This Agreement is void where prohibited by law and the right to register as an Apple
Developer is not granted in such jurisdictions. Unless otherwise agreed or permitted by Apple in writing,
you cannot share or transfer any benefits you receive from Apple in connection with being an Apple
Developer. The Apple ID and password you use to log into your Apple Developer account cannot be
shared in any way or with anyone. You are responsible for maintaining the confidentiality of your Apple ID
and password and for any activity in connection with your account.
2. Developer Benefits. As an Apple Developer, you may have the opportunity to attend certain Apple
developer conferences, technical talks, and other events (including online or electronic broadcasts of
such events) (“Apple Events”). In addition, Apple may offer to provide you with certain services
(“Services”), as described more fully herein and on the Apple Developer web pages (“Site”), solely for
your own use in connection with your participation as an Apple Developer. Services may include, but not
be limited to, any services Apple offers at Apple Events or on the Site as well as the offering of any
content or materials displayed on the Site (“Content”). Apple may change, suspend or discontinue
providing the Services, Site and Content to you at any time, and may impose limits on certain features
and materials offered or restrict your access to parts or all of such materials without notice or liability.
3. Restrictions. You agree not to exploit the Site, or any Services, Apple Events or Content provided to
you by Apple as an Apple Developer, in any unauthorized way, including but not limited to, by trespass,
burdening network capacity or using the Services, Site or Content other than for authorized purposes.
Copyright and other intellectual property laws protect the Site and Content provided to you, and you
agree to abide by and maintain all notices, license information, and restrictions contained therein. Unless
expressly permitted herein or otherwise permitted in a separate agreement with Apple, you may not
modify, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce,
create derivative works based on, redistribute, perform, display, or in any way exploit any of the Site,
Content or Services. You may not decompile, reverse engineer, disassemble, or attempt to derive the
source code of any software or security components of the Services, Site, or Content (except as and only
to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted
by any licensing terms accompanying the foregoing). Use of the Site, Content or Services to violate,
tamper with, or circumvent the security of any computer network, software, passwords, encryption codes,
technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable
others to do so, is expressly prohibited. Apple retains ownership of all its rights in the Site, Content, Apple
Events and Services, and except as expressly set forth herein, no other rights or licenses are granted or
to be implied under any Apple intellectual property.
4. Confidentiality. Except as otherwise set forth herein, you agree that any Apple pre- release software,
services, and/or hardware (including related documentation and materials) provided to you as an Apple
Developer (“Pre-Release Materials”) and any information disclosed
by Apple to you in connection with Apple Events will be considered and referred to as “Apple
Confidential Information”.
Notwithstanding the foregoing, Apple Confidential Information will not include: (a) information that is
generally and legitimately available to the public through no fault or breach of yours; (b) information that is
generally made available to the public by Apple; (c) information that is independently developed by you
without the use of any Apple Confidential Information; (d) information that was rightfully obtained from a
third party who had the right to transfer or disclose it to you without limitation; or (e) any third party
software and/or documentation provided to you by Apple and accompanied by licensing terms that do not
impose confidentiality obligations on the use or disclosure of such software and/or documentation.
Further, Apple agrees that you will not be bound by the foregoing confidentiality terms with regard to
technical information about Apple pre- release software, services and/or hardware disclosed by Apple at
WWDC (Apple’s Worldwide Developers Conference), except that you may not post screen shots of, write
public reviews of, or redistribute any such materials.
5. Nondisclosure and Nonuse of Apple Confidential Information. Unless otherwise expressly agreed
or permitted in writing by Apple, you agree not to disclose, publish, or disseminate any Apple Confidential
Information to anyone other than to other Apple Developers who are employees and contractors working
for the same entity as you and then only to the extent that Apple does not otherwise prohibit such
disclosure. Except for your authorized purposes as an Apple Developer or as otherwise expressly agreed
or permitted by Apple in writing, you agree not to use Apple Confidential Information in any way,
including, without limitation, for your own or any third party’s benefit without the prior written approval of
an authorized representative of Apple in each instance. You further agree to take reasonable precautions
to prevent any unauthorized use, disclosure, publication, or dissemination of Apple Confidential
Information. You acknowledge that unauthorized disclosure or use of Apple Confidential Information could
cause irreparable harm and significant injury to Apple that may be difficult to ascertain. Accordingly, you
agree that Apple will have the right to seek immediate injunctive relief to enforce your obligations under
this Agreement in addition to any other rights and remedies it may have. If you are required by law,
regulation or pursuant to the valid binding order of a court of competent jurisdiction to disclose Apple
Confidential Information, you may make such disclosure, but only if you have notified Apple before
making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek
confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will
not relieve you of your obligations to hold such information as Apple Confidential Information.
6. Confidential Pre-Release Materials License and Restrictions. If Apple provides you with Pre-
Release Materials, then subject to your compliance with the terms and conditions of this Agreement,
Apple hereby grants you a nonexclusive, nontransferable, right and license to use the Pre-Release
Materials only for the limited purposes set forth in this Section 6; provided however that if such Pre-
Release Materials are subject to a separate license agreement, you agree that the license agreement
accompanying such materials in addition to Sections 4 and 5 of this Agreement shall also govern your
use of the Pre-Release Materials. You further agree that in the event of any inconsistency between
Section 4 and 5 of this Agreement and the confidentiality restrictions in the license agreement, the license
agreement shall govern. You agree not to use the Pre-Release Materials for any purpose other than
testing and/or development by you of a product designed to operate in combination with the same
operating system for which the Pre-Release Materials are designed. This Agreement does not grant you
any right or license to incorporate or make use of any Apple intellectual property (including for example
and without limitation, trade secrets, patents, copyrights, trademarks and industrial designs) in any
product. Except as expressly set forth herein, no other rights or licenses are granted or to be implied
under any Apple intellectual property. You agree not to decompile, reverse engineer, disassemble, or
otherwise reduce the Pre-Release Materials to a human-perceivable form, and you will not modify,
network, rent, lease, transmit, sell, or loan the Pre-Release Materials in whole or in part.
7. Developer Content License and Restrictions. As an Apple Developer, you may have access to
certain proprietary content (including, without limitation, video presentations and audio recordings) that
Apple may make available to you from time to time (“Content”). Content shall be considered Apple
Confidential Information, unless otherwise agreed or permitted in writing by Apple. You may not share the
Content with anyone, including, without limitation, employees and contractors working for the same entity
as you, regardless of whether they are Apple Developers, unless otherwise expressly permitted by Apple.
Subject to these terms and conditions, Apple grants you a personal and nontransferable license to access
and use the Content for authorized purposes as an Apple Developer; provided that you may only
download one (1) copy of the Content and such download must be completed within the time period
specified by Apple for such download. Except as expressly permitted by Apple, you shall not modify,
translate, reproduce, distribute, or create derivative works of the Content or any part thereof. You shall
not rent, lease, loan, sell, sublicense, assign or otherwise transfer any rights in the Content. Apple and/or
Apple’s licensor(s) retain ownership of the Content itself and any copies or portions thereof. The Content
is licensed, not sold, to you by Apple for use only under this Agreement, and Apple reserves all rights not
expressly granted to you. Your rights under this license to use and access the Content will terminate
automatically without notice from Apple if you fail to comply with any of these provisions.
8. Compatibility Labs; Developer Technical Support (DTS). As an Apple Developer, you may have
access to Apple’s software and/or hardware compatibility testing and development labs (“Labs”) and/or
developer technical support incidents (“DTS Services”) that Apple may make available to you from time
to time as an Apple developer benefit or for a separate fee. You agree that all use of such Labs and DTS
Services will be in accordance with Apple’s usage policies for such services, which are subject to change
from time to time, with or without prior notice to you. Without limiting the foregoing, Apple may post on the
Site and/or send an email to you with notices of such changes. It is your responsibility to review the Site
and/or check your email address registered with Apple for any such notices. You agree that Apple shall
not be liable to you or any third party for any modification or cessation of such services. As part of the
DTS Services, Apple may supply you with certain code snippets, sample code, software, and other
materials (“Materials”). You agree that any Materials that Apple provides as part of the DTS Services are
licensed to you and shall be used by you only in accordance with the terms and conditions accompanying
the Materials. Apple retains ownership of all of its right, title and interest in such Materials and no other
rights or licenses are granted or to be implied under any Apple intellectual property. You have no right to
copy, decompile, reverse engineer, sublicense or otherwise distribute such Materials, except as may be
expressly provided in the terms and conditions accompanying the Materials. YOU AGREE THAT WHEN
REQUESTING AND RECEIVING TECHNICAL SUPPORT FROM DTS SERVICES, YOU WILL NOT
PROVIDE APPLE WITH ANY INFORMATION, INCLUDING THAT INCORPORATED IN YOUR
SOFTWARE, THAT IS CONFIDENTIAL TO YOU OR ANY THIRD PARTY. YOU AGREE THAT ANY
NOTICE, LEGEND, OR LABEL TO THE CONTRARY CONTAINED IN ANY SUCH MATERIALS
PROVIDED BY YOU TO APPLE SHALL BE WITHOUT EFFECT. APPLE SHALL BE FREE TO USE
ALL SUCH INFORMATION IT RECEIVES FROM YOU IN ANY MANNER IT DEEMS APPROPRIATE,
SUBJECT TO ANY APPLICABLE PATENTS OR COPYRIGHTS. Apple reserves the right to reject a
request for access to Labs or for DTS Services at any time and for any reason, in which event Apple may
credit you for the rejected lab or support request. You shall be solely responsible for any restoration of
lost or altered files, data, programs or other materials provided.
9. Amendment; Communication. Apple reserves the right, at its discretion, to modify this Agreement,
including any rules and policies at any time. You will be responsible for reviewing and becoming familiar
with any such modifications (including new terms, updates, revisions, supplements, modifications, and
additional rules, policies, terms and conditions)(“Additional Terms”) communicated to you by Apple. All
Additional Terms are hereby incorporated into this Agreement by this reference and your continued use of
the Site will indicate your acceptance of any Additional Terms. In addition, Apple may be sending
communications to you from time to time. Such communications may be in the form of phone calls and/or
emails and may include, but not be limited to, membership information, marketing materials, technical
information, and updates and/or changes regarding your participation as an Apple Developer. By
agreeing to this Agreement, you consent that Apple may provide you with such communications.
10. Term and Termination. Apple may terminate or suspend you as a registered Apple Developer at any
time in Apple’s sole discretion. If Apple terminates you as a registered Apple Developer, Apple reserves
the right to deny your reapplication at any time in Apple’s sole discretion. You may terminate your
participation as a registered Apple Developer at any time, for any reason, by notifying Apple in writing of
your intent to do so. Upon any termination or, at Apple’s discretion, suspension, all rights and licenses
granted to you by Apple will cease, including your right to access the Site, and you agree to destroy any
and all Apple Confidential Information that is in your possession or control. At Apple’s request, you agree
to provide certification of such destruction to Apple. No refund or partial refund of any fees paid hereunder
or any other fees will be made for any reason. Following termination of this Agreement, Sections 1, 3-5, 7
(but only for so long as the duration specified by Apple for such usage), 10-19 shall continue to bind the
parties.
11. Apple Independent Development. Nothing in this Agreement will impair Apple’s right to develop,
acquire, license, market, promote or distribute products, software or technologies that perform the same
or similar functions as, or otherwise compete with, any other products, software or technologies that you
may develop, produce, market, or distribute.
12. Use Of Apple Trademarks, Logos, etc. You agree to follow Apple’s trademark and copyright
guidelines as published at: www.apple.com/legal/guidelinesfor3rdparties.html (“Guidelines”) and as may
be modified from time to time. You agree not to use the marks “Apple,” the Apple Logo, “Mac”, “iPhone,”
“iPod touch” or any other marks belonging or licensed to Apple in any way except as expressly authorized
in writing by Apple in each instance or as permitted in Apple’s Guidelines. You agree that all goodwill
arising out of your authorized use of Apple’s marks shall inure to the benefit of and belong to Apple.
13. No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS,

EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES
OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES
(INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR
ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE
DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14)
WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR
THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-
AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE
CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA)
YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES,
CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY
RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND
APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND
ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN
CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL
RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT
LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE
FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION
OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE
MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR
INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU
UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES,
ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES
CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE
PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.
14. Disclaimer of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT
WILL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES RESULTING FROM DELAY OF DELIVERY, FOR LOSS OF PROFITS, DATA, BUSINESS
OR GOODWILL, FOR BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO
USE THE SERVICE, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF
APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL APPLE’S TOTAL
LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL DAMAGES (OTHER THAN AS MAY BE
REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE
AMOUNT OF FIFTY DOLLARS ($50.00).
15. Third-Party Notices and Products. Third-party software provided by Apple to you as an Apple
Developer may be accompanied by its own licensing terms, in which case such licensing terms will
govern your use of that particular third-party software. Mention of third-parties and third- party products in
any materials, documentation, advertising, or promotions provided to you as an Apple Developer is for
informational purposes only and constitutes neither an endorsement nor a recommendation. All third-
party product specifications and descriptions are supplied by the respective vendor or supplier, and Apple
shall have no responsibility with regard to the selection, performance, or use of these vendors or
products. All understandings, agreements, or warranties, if any, take place directly between the vendors
and the prospective users.
16. Export Control.
A. You may not use or otherwise export or re-export any Apple Confidential Information received from
Apple except as authorized by United States law and the laws of the jurisdiction in which the Apple
Confidential Information was obtained. In particular, but without limitation, the Apple Confidential
Information may not be exported or re-exported (a) into any U.S. embargoed countries or regions or (b) to
anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department
of Commerce Denied Person's List or any other restricted party lists without required approvals from
applicable authorities. By becoming an Apple Developer or using any Apple Confidential Information, you
represent and warrant that you are not located in any such country or region or on any such list. You also
agree that you will not use any Apple Confidential Information for any purposes prohibited by United
States law, including, without limitation, the development, design, manufacture or production of nuclear,
chemical or biological weapons or any other military end uses.
B. You represent and warrant that You and any entity or person that directly or indirectly controls You, or
is under common control with You, are not: (a) on any sanctions lists in the countries or regions in which
the App Store is available, (b) doing business in any of the U.S. embargoed countries or regions, or (c) a
military end user as defined and scoped in 15 C.F.R. § 744. As used in this Section 16, “control” means
that an entity or person possesses, directly or indirectly, the power to direct or cause the direction of the
management policies of the other entity, whether through ownership of voting securities, an interest in
registered capital, by contract, or otherwise.
17. Governing Law. This Agreement will be governed by and construed in accordance with the laws of
the State of California, excluding its conflict of law provisions. The parties further submit to and waive any
objections to personal jurisdiction of and venue in any of the following forums: U.S. District Court for the
Northern District of California, California Superior Court for Santa Clara County, Santa Clara County
Municipal Court, or any other forum in Santa Clara County, for any disputes arising out of this Agreement.
18. Government End Users. Certain Apple Confidential Information may be considered “Commercial
Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and
“Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48
C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through
227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b)
with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Unpublished-rights reserved under the copyright laws of the United States.
19. Miscellaneous. No delay or failure to take action under this Agreement will constitute a waiver unless
expressly waived in writing, signed by a duly authorized representative of Apple, and no single waiver will
constitute a continuing or subsequent waiver. This Agreement will bind your successors but may not be
assigned, in whole or part, by you without the written approval of an authorized representative of Apple.
Any non-conforming assignment shall be null and void. If any provision is found to be unenforceable or
invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this
Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the
entire agreement between the parties with respect to its subject matter and supersedes all prior or
contemporaneous understandings regarding such subject matter. No addition to or removal or
modification of any of the provisions of this Agreement will be binding upon Apple unless made in writing
and signed by an authorized representative of Apple. The parties hereto confirm that they have requested
that this Agreement and all attachments and related documents be drafted in English. Les parties ont
exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
LYL116 06/06/2022

Hagens Berman Antitrust Class-Action Lawsuit Against Apple's App Store Fees

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Case 5:22-cv-04437 Document 1 Filed 08/01/22 Page 1 of 251

1 Steve W. Berman (pro hac vice forthcoming)

12 Attorneys for Plaintiffs Société du Figaro, SAS,

14 [Additional counsel on signature page]

25 APPLE INC., a California corporation,

3 I. INTRODUCTION ...................................................................................................................1

4 A. Apple’s willful, anticompetitive, and unjustifiable monopoly ....................................2

5 B. Alternatively, Apple’s willful, anticompetitive, and unjustifiable

1 2. Apple’s willful acquisition of monopoly market power................................29

2 C. Alternatively, Apple has willfully attempted to acquire monopoly

5 E. By Apple’s purposeful, exclusionary design, no entity applies

9 G. Apple offers an overblown excuse for its brazenly anticompetitive

1 3. Other interference in the relationship between developers

4 L. Apple’s deliberate and unlawful practices harm competition, iOS

6 1. Apple’s harm to competition and iOS developers, as well as

1 A. Apple has behaved unlawfully ..................................................................................81

2 B. Apple has behaved unfairly .......................................................................................81

3 FOURTH CAUSE OF ACTION: VIOLATION OF THE CALIFORNIA

4 including certain France-based iOS developers, allege and pray as follows:

18 3. Apple is a U.S. company, and the App Store is thoroughly U.S.-based. As

6 Apple has caused to France-resident iOS developers—purchaser-participants in the U.S. domestic

12 French-resident iOS developers they seek to represent.

13 A. Apple’s willful, anticompetitive, and unjustifiable monopoly

7 App Store or in apps acquired therefrom.

6 Safely open apps on your Mac

7 macOS includes a technology called Gatekeeper, that’s designed to ensure that

19 Gatekeeper performs online checks to verify if an app contains known

22 Notarization checks if the app contains known malware using an encrypted

2 for users to opt out of these security protections.”8

4 under a “notarization” model, Apple could continue to review apps without

12 years, notwithstanding these accruals.19

16 https://judiciary.house.gov/uploadedfiles/competition_in_digital_markets.pdf (last accessed July 27,

4 as the French iOS App Store digital storefront20).

7 IAP services for apps and in-app products.

5 22. Plaintiff Individual Developers and le GESTE iOS-developer members participated in

10 including Individual Developers, and le GESTE iOS-developer members.26

11 23. Here, Individual Developers and le GESTE iOS-developer members purchased

1 B. Alternatively, Apple’s willful, anticompetitive, and unjustifiable monopsony

11 analogue/equivalent) pricing mandates were extinguished by competitive forces, such that

14 were firmly in place.)

21 Apple is called to account for its unlawful behavior.

10 § 1331, 28 U.S.C. § 1337(a), and 15 U.S.C. § 15(a).

17 contract with iOS developers.29

3 and in-app products run, within this judicial district.

5 because defendant Apple’s headquarters is located in Cupertino, California.

7 or other mobile OS devices.

12 whichever the App Store storefront they accessed.

6 behalf, and on behalf of similarly situated iOS developers.

2 or other mobile OS devices.

7 whichever the App Store storefront they accessed.

13 default commission on each sale.

14 52. At Apple’s invitation and encouragement,42 le GESTE iOS-developer members have

9 consequence of Apple’s willfully anticompetitive behavior, good apps go unfound. In fact, it is

9 actions complained of herein at or near its corporate headquarters in Cupertino, California, or

11 misconduct alleged in this complaint occurred in or emanated from California.44

21 to, and would, do better.

7 1. Inception of the App Store

10 App Store in July 2008.49

2 hundreds of millions more iOS devices.52