2018年苹果开发者计划许可协议详解：避免审核风险

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《苹果开发者计划许可协议》（Apple Developer Program License Agreement），于2018年10月19日发布，是苹果对于iOS开发者进行应用开发、提交至苹果商店并接受审核的重要法律文件。这份协议明确了开发者与苹果之间的权利义务关系，旨在确保应用的质量与合规性，保障苹果生态系统的稳定性和用户体验。首先，协议要求所有参与苹果开发者计划的个人或组织在下载或使用Apple软件（包括iOS SDK、macOS SDK等）和服务之前，必须仔细阅读并理解其中的条款和条件。这是法律意义上的正式约定，一旦签署，意味着开发者同意遵循协议中的各项规定。苹果开发者计划的主要目的是允许开发者利用Apple提供的软件和服务，开发针对苹果品牌产品的应用程序，如iOS（iPhone、iPad、Apple Watch）、Apple TV等。开发者在协议下获得的权限是有限的，主要集中在应用的开发和测试阶段，以便在特定条件下分发应用程序。在应用分发渠道上，有以下几种方式： 1. **App Store**：如果苹果选择，开发者可以将应用程序上传到App Store，供广大用户下载。这是最主要的分发途径，需经过严格的审核流程。 2. **Custom App Distribution**：苹果允许在特定情况下通过定制分发区域在App Store内分发应用，通常用于企业内部或特定合作伙伴的使用。 3. **Registered Devices**：开发者可以在有限范围内将应用分发给已经注册的设备，例如开发者的设备或测试设备。 4. **TestFlight**：对于测试目的，开发者可以通过TestFlight平台进行内部预览和小规模测试。对于macOS应用程序，开发者可以选择通过App Store发布，或者单独进行分发。但无论是哪种产品，都必须遵守苹果对内容、功能和设计的一致性要求，以确保与苹果生态系统的兼容性。然而，若开发者违反协议中的任何条款，可能会面临严重的后果，包括但不限于应用被拒绝审核、需要修改后重新提交，甚至整个应用会被从苹果商店下架。因此，每个iOS开发者在参与前，都需要充分理解和遵守这一协议，以避免潜在的风险和困扰。《苹果开发者计划许可协议》不仅是开发者与苹果之间合作的基础，也是确保应用程序质量和生态系统健康的关键文件。作为iOS开发者，了解并遵守这些规定是必不可少的，这有助于保持良好的开发者声誉，以及维护应用程序的成功上线和持续运营。

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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, 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

dashboard. 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

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

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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) 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.);

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

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 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;

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, 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);

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(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 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,

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);

(f) You will not, directly or indirectly, commit any act intended to interfere with 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, 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.

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. 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 or as bundled with Xcode and the Mac SDK; 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

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Page 16

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, 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

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, 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.

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