2 Replies
      Latest reply on Mar 14, 2019 1:04 PM by PBK
      pw2 Level 1 Level 1 (0 points)

        I got this message from Apple 'couse they rejected my app:
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        Guideline 5.2.1 - Legal - Intellectual Property

         

         

        The seller and company names associated with your app do not reflect the name "Koala" in the app or its metadata, as required by Guideline 5.2.1 of the App Store Review Guidelines.

         

        Next Steps

         

        Your app must be published under a seller name and company name that reflects the Koala name. If you have developed this app on behalf of a client, please advise your client to add you to the development team of their Apple Developer account. If your client does not yet have an Apple Developer account, they can enroll in the Apple Developer Program through the Apple Developer website.

         

        To request an update to the company name or entity type associated with this Apple Developer Program account, the Team Agent will need to edit the account information. On the Apple Developer website, go to Account, then select Membership. On the Membership page, click "Need to edit this information?" to submit your requested changes.

         

        Note that submitting documentation showing permission to publish this app on behalf of the content owner or institution will not resolve this issue. This app must be submitted under the content owner’s own Apple Developer account.

         

         

        To request a fee waiver for nonprofit organizations, accredited educational institutions, or U.S.-based government entities, follow the steps outlined on the Apple Developer Program Membership Fee Waivers page.

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        I'm a professional freelance developer and the app should be published on my customer account (my customer asked me to develop an app for his customer).

        So I think that any new app I will need to make the customer to sign a developer program with Apple (99$/year). This is not good !!!
        Any suggestion ?
        Thank you
        Roberto


        • Re: Guideline 5.2.1 - Legal - Intellectual Property
          KMT Level 9 Level 9 (13,805 points)

          Roberto:

           

               >Apple 'couse they rejected my app

           

          You seem to be confused . They rejected your customer's customer's app, not -your- app. That's the problem.

           

          Who actually owns the account in question?

           

          What whomever owns the account wants to do is effectively re-sell their paid dev account...ouch.

           

          As well, Apple expects app owners to have direct exposure to all account responsibilities, notices and activity. Team roles allow participation by a 'consulant' (aka 'professional' freelancer) who can work with the client to get their app(s) in the store.

           

          Also as noted, fee waivers are available for certain cases, but if someone can afford to pay a consultant, I think they can afford to pay Apple too.

           

          Ken

          • Re: Guideline 5.2.1 - Legal - Intellectual Property
            PBK Level 7 Level 7 (3,055 points)

            You may have an out here, it's a bit unclear because of the use of the strange word "should" in the guidelines.

             

            The first issue is - and it is an absolute 'must' not a 'should' - do you have the right to use "Koala" and all the Koala trademarks in your app.  As a consultant you most likely do - but did you explain that to App Review and show them some sort of documentation to back that up signed by an authorized representative of Koala?

             

            The second issue is the guideline:   "Apps should (emphasis added) be submitted by the person or legal entity that owns or has licensed the intellectual property and other relevant rights and is responsible for offering any services provided by the app."  If they mean "must be submitted by..." then they should (pun intended) have written "must be submitted" not "should be submitted".  You could go back and say something like:

                    "The 5.2.1 guideline explicitly states 'should be submitted by...' not 'must be submitted by...'.  As a paid consultant my client has asked me to be solely responsible for the app, to retain ownership of the app and to insulate them from all app responsibilities and liabilities.  They continue to be responsible for offering services under Koala but I retain the responsibilities under the app.  As the guidelines do not require that they submit, only recommend that they submit, I ask that you allow me, as a paid consultant for Koala, to submit on their behalf."

             

            I'd say 50-50 but try it and report back what happens.