"One more thing…" and 76,000 Words: Decoding the Apple Developer Program License Agreement

If you have ever tried to launch an app on Apple’s app store, you’ll know that Apple’s desire for simplicity doesn’t extend to its paperwork. Hidden beneath its glassy icons and rounded edges is a sprawling legal monolith – the Apple Developer Program License Agreement ('ADPLA'), weighing in at a little over 76,000 words, and packing no fewer than 133 defined terms. To be fair to Apple, despite its size, the ADPLA is easy to find, accessible and relevant – which can’t be said for all of the tech giants’ terms. 

The ADPLA may have been designed by Apple in California, but it’s been interpreted by our lawyers here at Freeths, so that we can unpack what developers are really signing up for, why it matters, and how to avoid the common pitfalls; because not understanding the ADPLA is the legal equivalent of holding an iPhone 4 the wrong way. It’ll end badly. 

The basics – what is the Apple Developer Program License Agreement? 

To access Apple’s developer tools, Software Development Kits ('SDK'), Application Programming Interfaces ('API') and even the App Store itself, a developer must first enrol in the Apple’s Developer Program and accept the ADPLA.

The ADPLA governs a developer’s rights and responsibilities as an iOS/ iPadOS/ macOS/ watchOS/ tvOS/ visionOS (and counting) developer and sets strict conditions on things such as: 

• What can be built
• How an app must function (or not)
• What Apple can do with an app submission
• What happens if you violate Apple’s terms (spoiler alert: nothing good)

The ADPLA is far from boilerplate, it helps Apple maintain its standards, user experience, and quality; while also bolting down its ecosystem. Although it is expansive, it is also informative and sets clear expectations for all developers. It is worth bearing in mind that Apple is not shy to enforce these terms – ask Epic Games.

Who is a developer? 

The developer is whomever agrees to the ADPLA and enrols in the Apple Developer Program. It is not necessarily the person or company who writes the code. If you outsource your development; you’re still the developer under the ADPLA. In Apple’s eyes, the Developer is the one who hits “I agree” - not the one who wrote the most Swift code.

And just to be clear; even if you’re using a white-label platform or third-party agency, your app should still be published under your own Apple Developer Account. Not the suppliers. Publishing under someone else’s account may save a few clicks, but it also invites App Review chaos and a swift "Guideline 5.2 – Who even are you?" rejection. Apple doesn’t want to see twenty apps doing the same thing under the same developer’s name. It wants transparency and accountability.

TL;DR!

While the terms are long, they are not necessarily all applicable to every developer. The main body (14 clauses at the time of writing) and Schedule 1 are applicable to all, but the other schedules and exhibits depend upon what is being developed.

Developers must enrol in the Apple Developer Program

To begin developing apps for Apple, a developer must first enrol in the Apple Developer Program and pay the £79 per year fee; this gives the developer access to all of Apple’s development tools and support. Oh – and they must agree to the ADPLA in the process…  

Developers can use Apple’s SDKs, APIs and tools, but do not own them

Apple grants developers a licence to use its developer tools, but the developers do not own them, and you cannot port them to other platforms. The app is being developed for Apple, and only for Apple (though there are ways around this – React Native or Flutter come to mind). 

Apple’s Word is final!

Apple reserves the right to approve (or reject) any app for any reason. The App Review Guidelines are incorporated into the ADPLA and they are worth a read if you are planning on developing an app. 

'Your app doesn’t do enough' – clause 4.2 App Review Guidelines (sort of)

Content restrictions

Apple restricts the content that is allowed on its app store.

• No offensive, insensitive, upsetting, ‘or just plain creepy’ apps
• No overtly sexual or pornographic material
• No repackaged websites

Apple’s kill switch

If Apple deems a developer to have breached the terms of the ADPLA, or other supporting documents, it reserves the right to revoke the app’s certificate, removing it from the app store and even bricking it on end users’ devices (if it so wishes) – it is the equivalent of being Thanos-snapped out of existence. 

What about IP?

You retain ownership of your app, but Apple retains extensive rights over its platforms, tools and any feedback you provide. If you tell Apple how to improve its SDK – that belongs to Apple. 

Apple also reserves the right to release apps that perform the same or similar functions as, or otherwise compete with a developer’s app.

Liability

Apple limits its liability to $50, Siri-ously! The developers? Let's just say it’s more iCloud Pro than Free Tier.

Under the ADPLA, Apple limits its liability to a nominal amount (or, the cost of an iPhone 16 Silicone Case with MagSafe, in Periwinkle), while developers may face uncapped exposure for things like IP infringement, data misuse, or violations of App Store policies.

Beyond the ADPLA

The ADPLA is only one part of the puzzle; developers must also consider:

• App development contracts
• End User Licence Terms, Privacy Policies, Cookie Polices, Acceptable Use Policies and Terms and Conditions
• Data Protection and compliance with GDPR

Final thoughts: Think Different (but stay firmly within the Ts&Cs)

Apple lives and breathes creativity, but the ADPLA is its guard rails. 

Our advice for you is to make sure your legal footing is as polished as your User Interface and seek advice from one of our expert technology and data lawyers if you are unsure – yes, they watch the whole of WWDC, and yes, they read Apple’s 76,000-word licence agreement so you don’t have to — (and they secretly enjoyed it...).

In addition to this, organisations looking to remain ahead of the curve in this space should:

• Keep up to date with the ADPLA (and related terms) – or get in touch with us to do it for you
• Ensure that your development contracts back-to-back your obligations to Apple (don’t leave yourself exposed under standard terms)
• Ensure that your EULA and Privacy Policy are compliant before submitting for approval