Terms of Service

1. Acceptance of Terms

You are entering into the following Terms of Service ("TOS") with Apple as defined below. Apple is providing you use of and access to MyAccess and any associated applications, services, or web pages (collectively, "Service"). You must agree to the TOS before you can access or use the Service. You are agreeing to the TOS by: (a) actually accessing or using the Service, or (b) clicking a box or link that indicates you agree to the TOS, where such a box or link is made available to you.

"Apple" means the Apple entity with which you have an Agreement as defined below in Section 2. In the absence of such an Agreement, "Apple" means the Apple entity through which authorization to access the Service is granted.

Do not use or access the Service if you do not agree to any of the following terms. You should print or otherwise save a copy of the TOS for your records and refer to it as you use the Services.

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY, SINCE YOUR USE OR ACCESS OF THE SERVICE CONSTITUTES ACCEPTANCE OF THESE TOS AND CREATES A BINDING LEGAL AGREEMENT. YOU MUST ACCEPT THESE TERMS IF YOU WISH TO USE OR ACCESS ANY OF THE SERVICES. IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY APPLE. APPLICABLE LOCAL (NON-U.S.) LAW MAY ALTER OR AFFECT THE RIGHTS AND OBLIGATIONS OF EITHER PARTY UNDER THESE TOS.

2. Introduction

Use of the Service

You warrant and represent that you are authorized to access and use the Service and enter into this agreement on behalf of your organization.

You understand this Service is made available to you only on the following conditions, which you must meet and continue to comply with at all times:

You acknowledge and agree that the TOS are incorporated into your Agreement. This means that a failure to meet and continuously comply with the TOS may result in the termination of your use of the Service and/or your Agreement. Capitalized terms used but not defined in the TOS have the meanings given such terms in the Agreement, the Policies and Practices (where applicable), or the Program Guide (where applicable).

System Requirements

By agreeing to these TOS, you confirm that the device(s), operating system(s), and web browsers you use to access the Service meet the following system requirements necessary to view the relevant web pages and use the Service: MyAccess FAQ

Apple Employee Use

If you are an Apple Employee, you acknowledge and agree that use of this Service is subject to your compliance with all applicable Apple policies (including Apple's Business Conduct Policy). Failure to comply with the TOS or any applicable Apple policy may result in the termination of your use of the Service and/or disciplinary action.

Updates

Apple reserves the right, at its sole discretion, to change, modify, add, or remove provisions of the TOS at any time. Any changes to the TOS shall prevail over the terms accepted upon your first access of MyAccess. You acknowledge and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised. Without limiting the foregoing, if Apple makes a change to the TOS that materially impacts your use of the Service, Apple may post notice of any such change on the applicable Apple website and/or email you notice of any such change.

Changing the Service

Apple reserves the right to modify, suspend or discontinue the Service (or any part thereof), either temporarily or permanently, at any time with or without prior notice to you. Without limiting the foregoing, Apple may post on the applicable Apple website and/or email notice of such changes to the Service. It is your responsibility to review the applicable Apple website and/or check your email address for any such notices. You acknowledge and agree that Apple shall not be liable to you or any third party for any modification or cessation of the Service.

Availability of the Service

The Service, its features or sections of it, may not be available in all languages or in all countries, and Apple makes no representation that the Service, its features or sections (including any products or services referenced or provided through the Service), is appropriate or available for use in any particular location. Apple reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Service is void where prohibited. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, all applicable export control laws and regulations.

User Access

After completing basic registration you will be given an Apple ID and will gain access to the system home page where you can request access to additional Apple systems. You agree to provide accurate and complete information when you register with, and as you use, the Service, and you agree to update your information to keep it accurate and complete. Apple reserves the right to reject the request in its sole discretion without identifying a reason. Subject to your compliance with the TOS, you may authorize those of your employees that are involved in performing or supporting your performance under your Agreement ("Users") to apply for an Apple ID, and access and use the Service, including access to any and all information about your business and/or organization that you may input into and/or that may be available on or through the Service. You are responsible for ensuring that your User's information as submitted to Apple remains accurate and up-to-date.
You and any User at your organization agree to only use the Service-specific Apple ID that you establish for the purpose of the Service and will maintain the confidentiality of your password and Apple ID. You will not disclose or make available your password or Apple ID to any other person or entity. You must notify Apple, immediately and in writing, of any unauthorized or improper use or disclosure of your password or Apple ID.

You understand that you are responsible for ensuring that all Users have an opportunity to review the TOS and will strictly comply with the TOS at all times. You agree that you will implement and maintain adequate security measures to safeguard the Service from access or use by unauthorized persons or by authorized persons for unauthorized purposes, including persons who are not your then-current Users. Regardless of the above, you acknowledge and agree that you are and will be fully responsible for any and all usage of and activities conducted under any of your User accounts and for your User's compliance with the TOS.

You will immediately revoke User access to the Service and notify Apple of such revocation if any of the following occur or is likely to occur: (i) the User is no longer involved in performing or supporting your performance of your Agreement; (ii) the User is no longer employed by you/your organization; or (iii) the User has violated, has attempted to violate, or is suspected of violating the TOS or your Agreement. You are responsible for ensuring that your User's information as submitted to Apple remains accurate and up-to-date.

You acknowledge and agree that Apple, its affiliates, and their respective agents and vendors are not responsible for: (i) any unauthorized User access, or access by persons whom you authorized as Users but whose access to the Service you later revoke, terminate or suspend; (ii) unauthorized access by any of your Users or any such persons to your information that may be stored in or available via the Service; and (iii) any losses arising out of the use of the Service.

You acknowledge and agree that the Service includes security technology that limits your use of the applicable Service and that, whether or not the Service is limited by security technology, you shall use the Service in compliance with the applicable usage. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with any of the security technology related to the Service for any reason, or to attempt or assist another person to do so. Such use may be controlled and monitored by Apple for compliance purposes, and Apple reserves the right to enforce the rules set forth herein without notice to you. You agree not to modify such software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability. Apple reserves the right to close any and all applicable Apple ID accounts if any Apple ID is compromised or otherwise fraudulently obtained or used.

Registration Communication

By clicking "Agree" to these TOS, you agree to be contacted by mail or SMS for the account management purposes (password resets, activation, deactivation, emails, account notifications, etc.). You also hereby agree to bear the cost of any such contact, upon receipt of mail or SMS.

3. Content

"Content" means any information that may be generated or encountered through use of the Service, such as sales or marketing data, statistics, written text, graphics, photographs, images, sounds, videos, messages and any other like materials. You acknowledge and agree that you, and not Apple, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service.

Apple does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk. Except as noted in Section 7, Apple does not claim ownership of the materials and/or Content you submit or make available on the Service, as applicable and permitted by Apple. However, you acknowledge and agree that by submitting or posting such Content to the Service, you grant Apple a paid-up, perpetual, worldwide, irrevocable, royalty-free, transferable, non-exclusive license to make, use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display, make or have made derivative works of, such Content on the Service and in association with other Apple-related business purposes.

If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of the TOS, you may report it by sending an email to userassist@apple.com.

4. Conduct

You agree that you will NOT, and will not allow your employees, agents or independent contractors to:

5. Purchases; Other Terms and Conditions

You or your organization may have entered into agreements for the purchase of goods or services from Apple, or for the provision of materials, goods or services to Apple (“Agreement(s)”). Additional terms and conditions set forth in those Agreements may apply to purchases or provision of goods or services and to specific portions or features of this Service, including but not restricted to contests, rebates, training, promotions or other similar features, all of which terms are made a part of these TOS by this reference. If there is a conflict between these TOS and your Agreement, the latter terms shall control with respect to your use of such portion of the Service.

Apple's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing contained in this TOS or a part of the Service should be construed to alter such agreements.

Terms found in the following policies also govern and apply to your use of the Service, and they are incorporated by this reference:

Trademark Information

Copyright Information

Piracy Prevention

Apple's Unsolicited Idea Submission Policy

Software License Information

Privacy Policy

These policies may be changed from time to time and are effective immediately upon posting such changes on Apple's website at www.apple.com or Apple Sales Web.

6. Privacy and Data Security

Some features of the Service may allow you to interact with or obtain information from third parties, such as your partners or customers. These features are provided to you "as is" and "as available" and your use of any such features shall be entirely at your own risk.

In connection with this Agreement, you represent and warrant that you, including your personnel and any authorized subcontractors, will not access nor otherwise process any information that can be used to uniquely identify or contact an individual end user of an Apple product or service ("Personal Data"). You understand that Apple provides these features to you solely for the limited purpose of supporting the resale and promotion of Apple products and services. If at any time you determine that you have accessed Personal Data, or may require access to Personal Data in connection with this Agreement, you will: (i) notify Apple immediately in writing; (ii) maintain strict confidentiality and security measures to protect the Personal Data; (iii) not disclose the Personal Data to any other party; and (iv) execute additional privacy and data security contractual terms with Apple and any of its affiliates as required in Apple's sole judgment to comply with obligations under privacy or data security laws, or any other legal requirements.

Apple may use personal information that you provide, such as your first name, last name, and email address, and other information, such as Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data, and connect it with page visits for diagnostic, security or other purposes. If you access the Service using log-in information that has been provided by a third party, including credentials that are provided as part of federated access or single-sign-on capabilities, Apple may share these credentials, along with your other Personal Data, with the issuing entity in order to ensure their validity.

Any Personal Data collected or processed by Apple will be treated according to Apple’s Privacy Policy, which is available at www.apple.com/privacy

All information and other materials, including third party information and materials, appearing on the Service is confidential unless otherwise marked as intended for distribution, and you must keep all such material confidential.

7. Trademark Information; Intellectual Property

Apple, the Apple logo, and other Apple trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Apple Inc. in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. Except as otherwise provided in your Agreement, you are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

You agree that the service, graphics, user interface, audio clips, editorial content and the scripts and software used to implement the Services including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of any Apple Content, contain proprietary information and material that is owned by Apple and/or its principals, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these TOS. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these TOS. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of these TOS, Apple and its principals reserve the right to change, suspend, remove or disable access to any Service, content or other materials comprising apart of the Service at any time without notice. In no event will Apple be liable for making these changes. Apple may also impose limits on the use of or access to certain features or promotions of the Service, without notice or liability.

8. Compliance with Laws

Any and all content, whether Apple or otherwise, made available to User are subject to all applicable laws, regulations, orders and other limitations on the export and re-export of commodities, technical data and software. USER SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE EXPORT AND REEXPORT CONTROL RULES THAT APPLY TO ITS ACTIVITIES AND further agrees that it will not export, re-export, resell or transfer any export-controlled commodity, technical data or software: (i) in violation of such limitations imposed by the United States, or any other relevant national government authority; (ii) to any country for which an export license or other governmental approval is required at the time of export, without first obtaining all necessary licenses or other approvals; (iii) to any country or national or resident of a country to which trade is embargoed by the United States, or any other relevant national government authority; (iv) to any person or firm on the U.S. Department of Commerce's Table of Denial Orders or Entities list, or U.S. Treasury Department's list of Specially Designated Nationals; or (v) for use in any sensitive nuclear, chemical or biological weapons, or missile technology end-uses unless authorized by the U.S. Government by regulation or specific license.

9. Disclaimer of Warranties

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE SPECIFIC RESULTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE SERVICE WILL BE COMPATIBLE WITH SYSTEMS AND DEVICES YOU USE TO ACCESS IT; AND (V) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPLE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

10. Limitation of Liability

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

11. Indemnity

You agree to defend, indemnify and hold harmless Apple, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and licensors from any claim or demand, including reasonable attorneys' fees, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service, including but not limited to, any claims related to the infringement or interference with the rights of any third parties; (b) your use of the Service; (c) usage of your account whether or not such usage is expressly authorized by you; (d) any violation by you of the TOS or any terms of the Agreement; or (e) your violation of any rights of another. This obligation shall survive the termination or expiration of the TOS and/or your use of the Service. You acknowledge and agree that you are responsible for all use of the Service using your account.

12. Termination

Apple may at any time, under certain circumstances and without prior notice, immediately terminate or suspend access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the TOS, the Agreement, or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Apple will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.

Upon termination of your account you lose all access to the Service. In addition, Apple shall delete all information and data stored in or as a part of your account(s) including, but not limited to, data files, email, and preferences.

13. General

The Service offered pursuant to these TOS is available for individuals 18 or older except for Services offered in Japan and Korea. In Japan and Korea, the Services offered pursuant to these TOS are available for individuals 20 or older only.

You agree to comply with all local, state, federal and national laws, statutes, ordinances and regulations that apply to your use of the Service. Your use of the Service may also be subject to other laws.

Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these TOS. You agree that Apple has the right, without liability to you, to disclose any information to law enforcement authorities, government officials, and/or third party, as Apple believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these TOS including but not limited to Apple's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful or infringes upon such third party's rights.
You agree to comply with all applicable laws and regulations enacted to address bribery and corruption, including the United States Foreign Corrupt Practices Act ("FCPA"), the principles of the OECD Convention on Combating Bribery of Foreign Public Officials (the "OECD Convention") and any corresponding laws of all countries where business or services will be conducted or performed pursuant to these TOS

Apple may assign your agreement of these TOS, in whole or in part, in Apple's sole and absolute discretion, to any affiliate of or successor in interest to Apple, without your consent.

The TOS are governed by the laws as set forth in the Agreement. In the absence of such an Agreement, the TOS shall be governed by the laws of the United States and the State of California, except for that body of law dealing with conflicts of law. This TOS shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of the TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

These TOS constitute the entire agreement between you and Apple with regard to your use of the Service, and any and all other written or oral agreements or understandings previously existing between you and Apple with respect to such use are superseded and cancelled. Apple will not accept any counter-offers to these TOS, and all such offers are categorically rejected. Apple's failure to exercise or enforce any performance of these TOS shall not be construed as a waiver by Apple of any such right or provision, nor shall any course of conduct between Apple and you or any other party be deemed to modify any provision of these TOS.

Apple reserves the right, but not the obligation, to monitor any materials submitted by you or otherwise available through the Service, to investigate any reported or apparent violation of these TOS, and to take any action that Apple in its sole discretion deems appropriate, including, without limitation, termination.

Apple reserves the right to deactivate an account connected to this Service if a mailing is returned due to an invalid shipping address, an email is returned due to an invalid email address, or if there has been no activity on the account for a six month period. If you want your account re-activated, please visit https://myaccess.apple.com and contact the appropriate country administrator.

User expressly waives any right they may have under the law(s) of their domicile and/or the European Union to have these TOS written in the official language(s) thereof.

14. Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Apple shall be free to use such information on an unrestricted basis, without payment of royalties or other consideration to you, so long as Apple does not infringe your patents, copyrights or trademark rights in such feedback.

Last revised: October 26th, 2021.