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Developers Cry Foul Over Apple’s App Store Refund Policy

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image Apple’s refund policy for iPhone applications sold from its App Store is coming under heavy criticism from developers, with some blogs writing in Chicken Little language of how it could “bankrupt them.” Several blogs have picked up on a seemingly new passage—paragraph 6.3 to be precise—in Apple’s contract with app developers, listed below:

In the event that Apple (NSDQ: AAPL) receives any notice or claim from any end-user that: (i) the end-user wishes to cancel its license to any of the Licensed Applications within (90) days of the date of download of that Licensed Application by that end-user; or (ii) a Licensed Application fails to conform to Your Specifications or Your Product warranty or the requirements of any applicable law, Apple may refund to the end-user the full amount of the price paid by the end-user for that Licensed Application. In the event that Apple refunds any such price to an end-user, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application. Apple will have the right to retain its commission on the sale of that Licensed Application, notwithstanding the refund of the price to the end-user.”

In other words, if a user wanted to return an app for a refund, they have 90 days in which to do so. More importantly, if the refund goes through, Apple still “retains the right” to take its 30 percent commission. If, for example, a user returned a $0.99 application, the developer would not only have to refund the $1 to the user, but still pay Apple its original $0.297 cut. This has sparked understandable criticism from developers.

But there’s also some confusion as to whether this applies to apps being sold once the iPhone OS 3.0 is officially released. Techcrunch cites one developer as saying this is when the policy kicks in, while Pocketgamer.biz writes this isn’t actually a new policy, and according to one of their developer sources, this has been in the contract for a while. It’s just surfaced now, because of Android Market’s decision to allow for refunds within 24 hours of purchase. It’s also unclear as to how many customers have actually ever asked for a refund. Apple’s App Store terms of service with consumers also seems to imply that all sales are final, unless a technical glitch stops an app from being delivered properly. It says, “Otherwise, no refunds are available.”

Of course, ticking off your developers is not a good idea and Apple needs to clarify what this policy actually refers to and why exactly they would need to still take their 30 percent cut. The big issue right now is where should disgruntled developers turn to if they don’t like the way Apple deals with things and will the newer app stores, including Android Market, and the upcoming Nokia (NYSE: NOK) Ovi Store and Rim’s Blackberry App World be able to offer a better alternative, or will they just lead to more fragmentation? While some developers find Apple’s policies draconian, for now consumers still seem to find the user experience easy and satisfying enough.

Mar 26, 2009 10:24 AM ET

Posted In: Entertainment, Gadgets, Companies, Apple, iPhone

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