Developer Stefan Richter, who successfully used cross platform development tools to create iPhone apps before Apple famously changed the developer agreement, recently decided to write Apple and ask for a refund.
His letter read in part:
2) It seems clear that due to the recent changes in terms I am no longer able to develop iPhone applications using my favourite tool, Adobe Flash CS5. Since I paid a full year’s subscription and you have now changed the terms under which I am allowed to engage with the program, I kindly ask you to exclude my company from having to adhere to the section 3.3.1. In the likely case of you being unable to comply with my request I kindly ask for a pro-rata refund as I have no plans of ‘originally writing’ any of my apps in any of the ‘approved’ programming languages mentioned in section 3.3.1.
I am awaiting your timely reply within the next 10 working days.
Apple subsequently replied back:
Dear Mr Richter,
Thank you for contacting Apple Developer Support regarding the iPhone Developer Program License Agreement.
We are currently reviewing your enquiry and will get back to you very soon.
Apple Developer Support
Hmm, dead end, right?
Well, not necessarily.
A forum poster on Richter’s site posted the following exchange with Apple Developer Support following a similar request for a refund.
At first Apple plays hardball,
Thank you for your reply.
Please know we have reviewed your request. As the original terms and
conditions state that this program is sold with a no returns to no refund
policy we are unable to action your request.
Thank you for your patience.
Apple Developer Support
Jodie fired back:
Thanks for your reply. I’m sure you understand that what you have said is not legal. You cannot vary the terms of a contract and just keep my money – the law is very clear on this.
I have now placed the transaction into dispute with my card issuer, and they will issue the charge-back to you shortly.
All the best with your toxic practices in the future.
And then, after that little “tete-a-tete”, Apple acquiesced.
We are pleased make an exception to our no refund/no exchanges terms of purchase and have processed a refund for your iPhone Developer Program order.
Although we have processed your refund immediately, we request that you please allow 7-10 business days to post the transaction to your cardholder account.
If you have any questions or need further assistance, please let me know.
iPhone Developer Program