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Digital Services Act, Article 14 (5) – Summary of Apple Media Services Terms and Conditions
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NOTICE TO USERS: This summary does not form part of Apple’s contract with App Store users and is not legally enforceable. Please read the full terms and conditions, available here, to understand Apple’s (as defined in the AMS Terms and Conditions) and users’ respective rights and obligations under the AMS Terms and Conditions.
The Apple Media Services (AMS) Terms and Conditions govern the terms and conditions of use of certain Apple services, including its App Stores, between end users and Apple.
Section A – Introduction: Sets out a number of introductory matters, including that the AMS Terms and Conditions govern Content that can obtained via the use of different Apple services, including its App Stores. It explains how a user’s Home Country is determined.
Section B – Payments, Taxes and Refunds: Sets out various details regarding payments, taxes and refunds. It explains amongst other matters how users will be charged and how users can request refunds.
Section C – Account: Explains requirements relating to Apple Accounts, as well as minimum age requirements for creating an Apple Account.
Section D – Privacy: Explains that use of the App Stores is subject to Apple’s privacy policy, available at this link https://www.apple.com/legal/privacy/.
Section E – Accessibility: Explains that users can learn about accessibility features and other accessibility-related information at this link https://www.apple.com/accessibility/labels.
Section F – Services and Content Usage Rules: Explains the Usage Rules for use of the Services (including the App Store) and Content, and explains that Apple may monitor users’ use of the Services and Content to ensure compliance. These Usage Rules include that users may not manipulate play counts, downloads, ratings, or reviews via any means.
Section G – Termination and Suspension of Services: Explains how Apple may terminate the AMS Terms and Conditions and/or a user’s Apple Account, the software license and/or access to the Services (including the App Store). It also explains Apple’s right to modify, suspend or discontinue part or all of the Services (including the App Store) or Content.
Section H – Downloads: Explains limitations, expiry and removal of downloaded Content, and when that Content may be redownloaded.
Section I – Subscriptions: Sets out details regarding Paid Subscription renewals, price increases, cancellation and free trials. To learn more about cancelling subscriptions, visit https://support.apple.com/HT202039.
Section J – Content and Service Availability: Explains that terms in the AMS Terms & Conditions that relate to Services (including the App Store), Content types, features or functionality which are not available in a user’s Home Country are not applicable unless and until they become applicable to the user. The Content types available in a Home Country are available at https://support.apple.com/HT204411.
Section K – Third-Party Devices and Equipment: Explains that various details about the use of Services (including the App Store) on a non-Apple-branded device, including that some features may not be available.
Section L – Customer Support: Provides information on how to contact Apple's customer service by phone, email and chat.
Section M – Your Submissions To Our Services: Explains the Submissions Guidelines which Apple applies to materials users submit or post. The Submissions Guidelines include that users may not use the Services to, among other things, post illegal, harmful, or dishonest content, such as content that infringes on the rights of third parties, shares private information, or misleads or harms Apple or others engaging with the content.
Users can report materials which do not comply with the guidelines, including offensive, abusive or illegal content at reportaproblem.apple.com or by contacting Apple Support. It also explains Apple’s license to and use of submitted materials. Apple may remove or edit submitted material. If Apple removes users’ materials because they do not comply with the Submissions Guidelines, information about users’ redress options is available at https://www.apple.com/legal/dsa/en/redress-options.html. If users disagree with a decision that Apple has taken with respect to App Store or in response to a notice submitted to the Notice and Action portal, they may engage with a DSA-certified out-of-court dispute settlement body, available on the European Commission's list of certified bodies at https://digital-strategy.ec.europa.eu/en/policies/dsa-out-court-dispute-settlement.
Section N – Family Sharing: Explains various details regarding the features of Family Sharing, including how through Purchase Sharing Apple allows the sharing of eligible subscriptions and certain Content within the Family; and how through Ask to Buy Apple allows an Organiser to approve Transactions initiated by a Family member under age 18 or the age of majority in their Home Country, where the Organiser is a parent or legal guardian. It explains when Apple enables Ask to Buy, including by default for Family members under the age of 13 or the equivalent minimum age in their Home Country.
Section O – Season Pass And Multi-Pass: Does not apply to the App Store and applies to television content.
Section P – Additional App Store Terms (Excluding Apple Arcade Apps): Contains additional App Store terms, including details about a user’s license of App Store content from Apple or a third-party developer; authentication required for in-app purchases; responsibility for app maintenance and support; and pricing for Apps sold together as App Bundles. It also explains what is considered when Apple orders Apps in search results, including the App’s metadata, how customers have engaged with the Apps and the App Store, and the Apps’ popularity, which deliver the most relevant results to search queries. It also explains how the App Provider or Apple may use data such as technical information to facilitate software updates, product support and other services. This information may be used to improve the App provider or Apple’s products or to provide services, as long as this information does not personally identify the user. It also explains applicable warranties and the limitation of liability of the App Provider or Apple, and explains that, if a user is a resident of any EU country, the governing law and courts for any dispute or claim arising from the AMS Terms and Conditions is that of the user’s usual place of residence.
Section Q – Additional Terms For App Store, Apple Books, Apple Podcasts, and Select Content: Explains additional terms which apply to the App Store and other services, including the third-party App provider’s responsibility for Content it provides, warranties and claims relating to Content, In-App Purchases, and the License Agreements.
Section R – Additional Apple Music Terms: Does not apply to the App Store and contains information about Apple Music’s iCloud Music Library.
Section S – Additional Apple Fitness+ Terms: Does not apply to the App Store and states Apple Fitness+ is for entertainment and/or informational purposes only and is not intended to provide any medical advice.
Section T – Carrier Membership: Does not apply to the App Store and contains information about service membership from wireless carriers.
Section U – Miscellaneous Terms Applicable To All Services: Explains various miscellaneous terms, including Apple’s right to modify the AMS Terms and Conditions, that Apple is not responsible or liable for third party materials, and terms regarding the use of intellectual property. A user can contact Apple if it believes that Content infringes a copyright claimed by the user in relation to Third Party Apps at https://www.apple.com/legal/internet-services/itunes/appstorenotices. Apple may disable and/or terminate accounts of users for repeatedly infringing the copyright of others. While Apple will provide the Services (including the App Store) with reasonable care and skill, Section U disclaims warranties and limitations of liability about the Services (including the App Store) including in respect of interruptions to the service, unavailability of Content, loss, and data charges. Section T also explains how the AMS Terms & Conditions are to be interpreted; that users agree to comply with all applicable law when using the Services (including the App Store); and that Apple may notify users about the Services by email, postal mail or by a posting on the Services (including the App Store). Section U also explains how Apple may among other things take steps to enforce or verify compliance with the AMS Terms & Conditions, and the circumstances in which it may make disclosures to law enforcement, government officials or a third party.