Account "Pending Termination Notice"

We have developed apps for the App Store for more than 7 years.

One day, out of the blue we noticed all our apps have been removed and our account was pending termination.

We really didn't know what was going on since we behaved correctly and honestly during all those years of development.

After we asked for more info on why our account was in pending termination state we received this reply:

Hello [redacted],

We received your complaint filed on 2 October 2024 pursuant to the Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (“P2B Regulation”). This correspondence serves as a response to your complaint.

We thoroughly evaluated the activity associated with your Apple Developer Program membership. Our investigations confirm that your Apple Developer Program membership has been repeatedly used for dishonest and fraudulent activity in violation of Section 3.2(f) of the Apple Developer Program License Agreement, which states:

“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).”

We found a pattern of manipulative or misleading behavior. As a result of this behavior, your Apple Developer Program membership has been flagged for termination. These behaviors can include, but are not limited to, inaccurate metadata describing your app or service, misleading app content, engaging in inauthentic ratings and reviews manipulation, providing misleading customer support responses, providing misleading responses in App Store Connect, engaging in misleading purchasing or bait and switch schemes, or other dishonest or fraudulent activity within or outside of the app.

Our recent investigation and review of your developer account confirm violations of the App Review Guidelines. Specifically, we received a notice claiming that your [redacted app] allowed users to download media content without authorization from the relevant third-party sources. Our investigations confirmed this behavior which constitutes direct and egregious violations of App Review Guidelines 2.3.1 and 5.2.3. In addition, your binary submission from 1 October 2024 continued to include references to impermissible conduct under Guideline 5.2.3. Given the egregious nature of the violations, your app was removed and your Apple Developer Program account has been flagged for termination.

For the sake of clarity, we have included relevant excerpts from the App Review Guidelines below for reference:

2.3.1 (a) Don’t include any hidden, dormant, or undocumented features in your app; your app’s functionality should be clear to end users and App Review. All new features, functionality, and product changes must be described with specificity in the Notes for Review section of App Store Connect (generic descriptions will be rejected) and accessible for review. Similarly, marketing your app in a misleading way, such as by promoting content or services that it does not actually offer (e.g. iOS-based virus and malware scanners) or promoting a false price, whether within or outside of the App Store, is grounds for removal of your app from the App Store or a block from installing via alternative distribution and termination of your developer account. (b) Egregious or repeated behavior is grounds for removal from the Apple Developer Program. We work hard to make the App Store a trustworthy ecosystem and expect our app developers to follow suit; if you’re dishonest, we don’t want to do business with you.

5.2.3 Audio/Video Downloading: Apps should not facilitate illegal file sharing or include the ability to save, convert, or download media from third-party sources (e.g. Apple Music, YouTube, SoundCloud, Vimeo, etc.) without explicit authorization from those sources. Streaming of audio/video content may also violate Terms of Use, so be sure to check before your app accesses those services. Authorization must be provided upon request.

The guiding principle of the App Store is to provide a safe and enjoyable experience for users and a great opportunity for all developers to be successful. We work hard to make the App Store a trustworthy ecosystem and expect our app developers to be honest with users and with us. Manipulative or misleading behavior degrades user trust in the App Store and is grounds for removal from the Apple Developer Program.

[...]

Sincerely, Apple

We immediately checked upon the issue and noticed that the feature that Apple has been mentioning was enabled by mistake due to a technical malfunction inside our app and explained this to Apple in detail.

We have also immediately submitted a new update to completely remove the code that allow the download of media content from the third party website in order to avoid an issue like this would ever happen in the future and also explained the situation to Apple, being completely transparent.

Apple is currently ignoring our explanation and also the fact that we immediately addressed the issue and nothing was done in bad faith.

The update we submitted should have completely fixed permanently the issue and yet we got our account terminated.

An account with an app downloaded 50M times that have users worldwide and a 4.5 star rating.

We never engaged in dishonest or fraudulent behavior and tried to explain this.

It’s really disappointing and unfair to be falsely accused of dishonest behavior, and having no way to resolve the issue.

We have been at complete disposal and all the facts reported are true and we have always been honest with our users and with Apple.

We heavily invested in the Apple ecosystem having our app implemented Siri support, CarPlay support, MacOS support, Widget support and recently working also on the Apple Watch support.

I really hope someone of the Apple Review Team could look into this and gave us the opportunity to fix this issue.

Account "Pending Termination Notice"
 
 
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