Apple's Developer Agreement: The Privacy Policy and EULA Rules Your App Must Follow
Every developer accepts the Apple Developer Program License Agreement before shipping a single app. Buried in its pages are hard requirements about privacy policies, user consent, EULAs, and a growing set of rules for age data and on-device AI. Here is what the agreement actually asks of you, in plain language, and how to meet it.
October 2026 agreement update
Apple revised the Developer Program License Agreement on October 13, 2026. The update covers security, new API and entitlement terms, HomeView, paid subscriptions, and tax information handling. It does not replace the evergreen privacy and EULA requirements explained below.
See what changed and the team action checklistThe short version
- 1.Every app needs an accessible privacy policy link in App Store Connect and inside the app.
- 2.The policy must match the app, its third-party SDKs, and the App Privacy answers on the product page.
- 3.Apple's agreement sets prior-consent and purpose limits, while the review guidelines recognize narrow lawful exceptions such as a valid legitimate-interest basis.
- 4.App Tracking Transparency applies when your app tracks users across other companies' apps or websites or accesses the advertising identifier, not to every analytics tool automatically.
- 5.Apple's standard EULA applies by default. A custom EULA must include Apple's minimum terms in Exhibit D.
Sources checked for this update
This guide was rechecked on September 29, 2026. Apple's online agreement says the binding version is the one accepted in your developer account.
Why This Agreement Binds You
The Apple Developer Program License Agreement is the contract you accept, by checking a box or clicking Agree, in order to use Apple's software and services and to distribute your app through the App Store, Custom App Distribution, or TestFlight. Once you accept it, its terms apply to everything you ship, in every region where your app is available.
Apple can change the agreement and its Program Requirements. The online copy notes that the agreement, including Schedule 1, was last updated August 18, 2026, but the version accepted in your developer account is the binding copy. App Review also applies the separate App Review Guidelines, so a practical audit needs both sources.
The Privacy Policy Requirement
Agreement 3.3.3(C)
You must give users clear and complete information about collection, use, and disclosure of user or device data. Your privacy policy must explain collection, use, disclosure, sharing, retention, and deletion. If collected user data is compromised, you must notify users as applicable law requires.
The current App Review Guidelines make placement more specific than the agreement's "in the app, on the App Store, and/or on your website" wording. Guideline 5.1.1(i) says all apps must include a privacy policy link in the App Store Connect metadata field and inside the app in an easily accessible place. The policy has to describe:
- What user or device data you collect, including things like IP address, device name, and installed apps
- How you use it and who you disclose or share it with, including third-party SDKs
- How long you keep it and how a user can revoke consent or request deletion
- How every data recipient, including analytics, advertising, and SDK providers, gives the same or equal protection stated in the policy
App Store Connect requires a privacy policy URL for an iOS app and privacy policy text for a tvOS app. It also requires App Privacy answers that cover the practices of your app and the third-party code you integrate. Keep those answers, the policy, consent screens, and the app's real network behavior consistent and up to date.
Consent, Purpose, and User Choice
Agreement 3.3.3(B), (D), (F)
The agreement's default rule is prior user consent before collecting user or device data, limited to a service or function directly relevant to the app. A materially new purpose requires new consent.
Two consequences follow that are worth spelling out:
- New purpose, new consent. Data collected for one purpose cannot be repurposed without further consent unless law explicitly permits the new use.
- You own your SDKs. If a third-party analytics or advertising SDK collects data, you remain responsible for its compliance, permitted-reason metadata, signature requirements where applicable, and accurate disclosure.
Guideline 5.1.1(ii) recognizes that an app may rely on legitimate interest under GDPR or a similar law, but only if it complies with every requirement of that law. That is a narrow legal basis, not a general exception to Apple's consent rules. Apps must also provide an understandable way to withdraw consent. If the app supports account creation, it must offer account deletion inside the app.
Location, recordings, health research, Face Data, and other sensitive capabilities have additional notice and consent rules. Ask for access when the feature needs it, explain the purpose accurately, and respect a refusal or withdrawal.
Advertising Identifier and Tracking
Agreement 3.3.3(E)
You may use the Advertising Identifier only for advertising, must check and honor the user's Tracking Preference before using it, and cannot link an old identifier to a new one after the user resets it.
App Tracking Transparency is required when an app tracks a user across apps or websites owned by other companies, or accesses the advertising identifier. Analytics does not automatically equal tracking, so classify each SDK by what it actually collects, combines, and shares. When ATT applies, request permission through Apple's API and make the policy and App Privacy answers match the implementation.
Age Data, On-Device AI, and Sensitive Data
Recent versions of the agreement add framework specific rules that matter if your app uses any of these capabilities. Each comes with its own data limits that your privacy policy should reflect.
Declared Age Range API
Lets your app request a user's age range to provide age appropriate content or meet age laws. You may use it only for those purposes, and you may not share or sell the data to data brokers or information resellers. Age assurance is a fast moving area of law, so if you use this API, describe it in your policy.
Foundation Models Framework
Apple's on-device AI framework. By using it you agree to follow the Foundation Models Framework Acceptable Use Requirements and maintain reasonable guardrails. If your implementation stores, exports, or otherwise collects prompts or output, disclose the real data flow. Do not claim that on-device processing sends data to a server when it does not.
Face Data, Family Controls, and ID Verifier
These carry strict limits. Face Data covered by the agreement may not be used for advertising, profiling, or authentication, and cannot leave the device without clear consent. Apple directs facial-recognition account authentication to LocalAuthentication where possible. Family Controls data is limited to family or individual device management. ID Verifier data must be secured and used only for age or identity verification.
App Review Guideline 5.1.2(i) also addresses third-party AI directly. Before personal data is shared with a third-party AI service, the app must clearly disclose that sharing and obtain explicit permission. See our practical guide to disclosing AI use in a privacy policy.
One more limit worth flagging: unless Apple permits it in writing, you may not use iCloud, CloudKit, or related services to handle protected health information, or use them in a way that would make Apple your business associate under HIPAA. If you build in health, read section 3.3.3(D) closely.
The EULA Requirement
Exhibit D, Minimum EULA Terms
Separate from your privacy policy, every app is licensed to users under an end user license agreement. Apple provides a standard default EULA that applies automatically, and for many simple apps that may be enough. If you provide a custom EULA, Apple's Exhibit D instructions list the minimum terms it must contain. Here is how the two documents compare:
| Privacy Policy | EULA | |
|---|---|---|
| What it governs | How you handle user and device data | How people may use the app itself |
| Required by Apple? | Yes, always (3.3.3.C) | Yes, but Apple's default counts |
| Where it lives | Linked in App Store Connect and inside the app | Apple's standard EULA or custom text in App Store Connect |
| Write your own? | Always, tailored to your data | Optional, must meet Apple's minimum terms |
If you write your own EULA, Exhibit D requires, among other terms:
- An acknowledgement that the license is between you and the user, not Apple, and that you alone are responsible for the app and its content
- A non-transferable license for Apple-branded products the user owns or controls, subject to Apple's usage rules and stated sharing exceptions
- That you, not Apple, provide maintenance, support, and warranties
- That you handle product, intellectual property, privacy, and consumer protection claims
- Legal compliance and applicable third-party service terms
- Your name, address, and contact details for user questions and complaints
- That Apple is a third-party beneficiary who can enforce the EULA against the user
A custom EULA can be useful for a SaaS app, game, or regulated product with rules that Apple's standard EULA does not address. App Store Connect accepts custom EULA text as plain text and lets you choose the countries or regions where it applies. Review the final document for local consumer law and make sure it does not conflict with Apple's usage rules. You can use our EULA generator as a drafting starting point.
A Short Compliance Checklist
The central job is accuracy. Trace the app's real data flows, inspect every SDK, compare the findings with App Privacy answers, and update the policy whenever the implementation changes. For a regulated app or a complex legal basis, get advice for the countries where you distribute the app.
If you also ship on Android, compare these steps with our Google Play privacy policy rejection guide. The stores use different forms and review language, but both expect disclosures to match the app and its SDKs.
Draft your app privacy policy and EULA
PolicyForge helps turn your answers into editable drafts. Review each draft against the app's real data flows, SDKs, App Privacy answers, target countries, and the latest Apple terms before publishing it.
Frequently Asked Questions
Does Apple actually require my app to have a privacy policy?
Yes. App Review Guideline 5.1.1(i) says every app must link to its privacy policy in App Store Connect metadata and inside the app in an easily accessible place. Section 3.3.3(C) of the Apple Developer Program License Agreement also requires a policy that explains collection, use, disclosure, sharing, retention, and deletion of user or device data.
Do I need a privacy policy even if my app collects almost no data?
Yes. Apple's current review guideline applies to all apps, including apps that collect no personal data. Your policy and App Privacy answers should accurately say what the app and its third-party SDKs collect, including when the answer is nothing.
What is the difference between a privacy policy and a EULA for the App Store?
A privacy policy explains how you handle user data. A EULA governs how people may use the app. Apple applies its standard EULA if you do not provide a custom one. A custom EULA must include Apple's minimum terms, such as your contact details, your responsibility for the app, and Apple's third-party beneficiary status.
What is the Declared Age Range API and why does it matter for privacy?
It is a newer Apple API that lets your app request a user's age range so you can offer age appropriate content or meet age related laws. The agreement restricts it tightly: you may use it only for those purposes, and you may not share or sell the data to data brokers or information resellers. If your app relies on it, your privacy policy should describe that you receive age range information and how you use it.
Does the agreement say anything about AI features in my app?
Yes. Apps using Apple's Foundation Models Framework must follow its Acceptable Use Requirements and maintain reasonable guardrails. Separately, App Review Guideline 5.1.2(i) requires clear disclosure and explicit permission before personal data is shared with a third-party AI service.
Can PolicyForge generate documents that meet these requirements?
PolicyForge can help you draft an app privacy policy and EULA from your answers. You should review the drafts against your actual data flows, third-party SDKs, App Privacy answers, target countries, and the latest Apple terms before publishing them.
This article is general information, not legal advice, and it summarizes the Apple Developer Program License Agreement, App Review Guidelines, and App Store Connect help as checked on September 29, 2026. Apple updates these sources, so check the current agreement in your developer account and get qualified advice for your situation.