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iOS - Compliance with Apple's 4.2.6 and 5.2.1 guidelines

Compliance with Apple's guidelines

Since the summer of 2017, Apple's rules have been tightened regarding the compliance of the Apple developer accounts. 

How it impacts Goodbarber and You :

Apple's 4.2.6 and 5.2.1 guidelines are very clear about the use of the Apple Developer account: it must clearly identify the owner of the app.
In order to make sure our clients abide by this rule, GoodBarber will be reviewing every Apple Developer account before any app using GoodBarber's technology is published in App Store Connect.

If you have not created your Apple Developer Account yet, please refer to this online help: IOS - Create an Apple developer account (REQUIRED)


1

What are the 4.2.6 and 5.2.1 rules?

4.2.6 Apps created from a commercialized template or app generation service will be rejected unless they are submitted directly by the provider of the app’s content. These services should not submit apps on behalf of their clients and should offer tools that let their clients create customized, innovative apps that provide unique customer experiences.
Another acceptable option for template providers is to create a single binary to host all client content in an aggregated or “picker” model, for example as a restaurant finder app with separate customized entries or pages for each client restaurant, or as an event app with separate entries for each client event." (Read the 4.2.6 guideline from Apple's website here .)

5.2.1 Generally: Don’t use protected third-party material such as trademarks, copyrighted works, or patented ideas in your app without permission, and don’t include misleading, false, or copycat representations, names, or metadata in your app bundle or developer name. Apps should be submitted by the person or legal entity that owns or has licensed the intellectual property and other relevant rights. (Read the 5.2.1 guideline from Apple's website here .)


2

The most common mistakes

1 - Using an Individual account while one owns a Company/Organization 
If the app is made for a company or an organization, it should be subscribed as a Company/Organization, which is an option provided by Apple, and not under the name of a unique individual.
In case you subscribed the wrong type of account by mistake, it is possible to change it.
This is how to do it: IOS - Change Apple developper Individual membership to Organization

2 - Using one's own Apple developer account to publish a Client's app
If the final owner of your app is a client of yours, the client must open their own Apple developer account and the app should be published there.
If you previously published a client's app using your Apple Developer account, you should transfer it to the client's account.
This is how to do it: IOS - Transfer the app to a different Apple developer account

This rule applies for all apps, regardless if it is an update of an already published app or a new app.
Be careful of the type of developer account the app owner will create. There are 3 possibilities and the client should choose the one that applies to them (see common mistake n°1):
- Individual
- Company / Organization
- Government / Organization.


3

How to avoid these mistakes

When creating your Apple developer account, make sure you choose the correct type of account

When you are enrolling as an Individual: If you are an individual or Sole proprietor/Single person business, you’ll need to provide basic personal information, including your legal name and address. This type of account should be selected if you are creating an application as a hobby or for personal use.

When you are enrolling as a  Company/Organization:
If you’re enrolling your Company/Organization, you need the following elements to get started :

A D-U-N-S® Number
Your Company/organization must have a D-U-N-S Number so that we can verify your organization’s identity and legal entity status. These unique nine-digit numbers are assigned by Dun & Bradstreet and are widely used as standard business identifiers. You can check to see if your organization already has a D-U-N-S Number and request one if necessary.
They are free in most jurisdictions. Learn More .

Legal Entity Status
Your organization must be a legal entity so that it can enter into contracts with Apple. Apple do not accept DBAs, fictitious businesses, trade names, or branches.

Legal Binding Authority
As the person enrolling your organization in the Apple Developer Program, you must have the legal authority to bind your organization to legal agreements. You must be the Company’s/Organization’s owner/founder, executive team member, senior project lead, or have legal authority granted to you by a senior employee.

A Website
Your Company’s/Organization’s website must be publicly available and the domain name must be associated with your Company/Organization.