AppleCare Cooperative Support
Terms and Conditions
BY CONTACTING APPLE FOR COOPERATIVE SUPPORT SERVICES OFFERED UNDER A SERVICE PLAN REFERENCED BELOW (“SERVICE PLAN”) THE ENTITY, OR ENTITY AFFILIATE (“PARTNER”) AGREES THAT THE FOLLOWING APPLECARE COOPERATIVE SUPPORT TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF SUPPORT SERVICES UNDER THE APPLICABLE SERVICE PLAN.
“Affiliate” means any entity that Controls, is Controlled by, or is under common Control with a party.
“Control” means the legal, beneficial, or equitable ownership, directly or indirectly, of more than 50% of the capital stock (or other ownership interest, if not a corporation) of such entity ordinarily having voting rights.
1. Services. Apple will provide support services to Partner in furtherance of support of Apple and Partner’s mutual customers (“Mutual Customers”) in accordance with these Terms and Conditions (“Support Services”) to Apple software products or related technologies (“Supported Products”) for the applicable Service Plan, as described at https://www.apple.com/legal/sales-support/applecare/docs/AppleCare_Service_Plan.pdf (“Service Plan Support Page”). Apple reserves the right to amend these Terms and Conditions, the Support Services provided and/or Supported Products covered under a Service Plan at any time by updating this page and/or the Service Plan Support Page. Apple will not amend the Support Services and/or Supported Products in a way that (i) materially reduces the benefits provided to Partner under the Support Services, (ii) materially impacts Apple’s obligation to deliver the Support Services, or (iii) materially impacts the rights that Partner receives under the Support Services. For any updates that affect Partner’s Service Plan, Apple will notify Partner of the update via the electronic mail address registered by Partner no less than thirty (30) days prior to the effective date of the update. The terms described on the Service Plan Support Page, as may be amended from time to time, are incorporated into these Terms and Conditions as if fully set forth herein. In the event of any inconsistencies between these Terms and Conditions and the terms on the Service Plan Support Page, the terms on the Service Plan Support Page will govern.
2. Scope of Support.
2.1 Support Incidents. A “Support Incident” is a specific, discrete problem whose origin can be isolated to a single cause. Apple will make reasonable efforts to resolve a Support Incident but does not guarantee that Support Incidents will be resolved. Apple, in its sole discretion, will determine what constitutes a Support Incident and, to the extent permitted by law, determine if the Support Incident is resolved. Generally, a Support Incident is resolved when Partner receives one of the following: (a) information that resolves the problem; (b) information on how to obtain a software solution that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Supported Product; (d) information that identifies the problem as being resolved by upgrading to a newer release of the Supported Product; or (e) notice that the problem has been identified as a hardware equipment issue.
2.2 Response Times. Apple will make reasonable efforts to respond to a Support Service request within the response time described under an applicable Service Plan (“Response Time”) but does not guarantee that a response will be provided within the specific time period. All Response Times are measured subject to the hours of operations applicable to the Service Plan, as described on the Service Plan Support Page.
2.3 Current Release. Unless otherwise specified, Partner must ensure all Supported Products have the latest operating system version and software updates installed.
2.4 Use. Partner acknowledges that Support Services are not intended or suitable for use in connection with high risk activities or functions, including, without limitation, the operation of nuclear facilities, aircraft navigation or communication systems, systems used to dispatch first responders, air traffic control machines, life support, weapons systems or other situations, environments or activities in which the failure of the Support Services to attain a desired result could lead in whole or in part to death, personal injury, or severe physical or environmental damage.
2.5 Technical Contacts. Support Services are provided to the one or more persons designated by the Partner as allowed under the Service Plan (“Technical Contact(s)”). Technical Contacts are the sole liaisons between Partner and Apple for technical support under the Service Plan. Partner understands that the Technical Contact(s) may need to provide Apple with data applicable to Apple’s provision of Support Services under these Terms and Conditions and will ensure that Technical Contact(s) have valid legal basis for doing so. If Partner wishes to change the Technical Contact, Partner must enter the changes directly via Partner’s secure, customized website as described in the instruction documents delivered at the start of the Service Plan.
3. Exclusions. Unless otherwise specified in the Service Plan, Apple will not provide Support Services relating to problems or issues arising out of or from (a) the use of a Supported Product as a server-based application; (b) issues that could be resolved by upgrading a Supported Product; (c) the use or modification of a Supported Product in a manner for which the Supported Product is not intended to be used or modified; (d) third-party products other than Partner products, or technologies and their effects on or interactions with a Supported Product; (e) damage to the media on which a Supported Product is provided, or to the computer on which a Supported Product is installed; (f) use of a computer system that is incompatible with a Supported Product; (g) developer support and pass-through support; or (h) issues relating to Internet, email, file management, network configuration, scripting, FX scripting, programming, compiling, debugging, infrastructure design, content creation, content customization, multimedia project planning/design, resource management, budgeting, training, onsite diagnosis, or other issues not within the scope of the Support Services described under a Service Plan.
4. Partner Responsibilities. To receive Support Services, Partner must enroll in the Service Plan and follow the access instructions provided by Apple. Partner is responsible for all fees in establishing and maintaining email and telephone communications with Apple. Partner will cooperate with Apple when seeking Support Services by providing information necessary to assist Apple in diagnosing an issue. Partner shall not transfer control, including virtual control, of their machines to Apple. Partner is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Partner will maintain and implement a complete and tested data backup and verified disaster recovery plan. Partner is solely responsible for any and all security of confidential, proprietary or classified information, or personal data, of Partner, Mutual Customers and any third parties whose data Partner possesses or processes. Neither Partner nor its Technical Contacts will disclose to Apple confidential, proprietary or any information that is subject to intellectual property rights that may expose Apple to liability. Partner and Technical Contact shall obtain all necessary permissions from any third party prior to disclosing such third party’s confidential information, proprietary information, or personal data to Apple, and represents that it has a valid legal basis under applicable data protection law if they disclose any personal data to Apple. Partner and each Technical Contact must have a reasonable understanding of the Supported Products for which Partner seeks Support Services and the computer system that it is operating on. Partner may not transfer Support Services to a third party. Support Services are provided for the internal use of Partner only, and any unauthorized distribution of the Support Services will be grounds for immediate termination of these Terms and Conditions, in addition to which Apple may exercise any other remedies available to it. Partner will take reasonable measures to prevent the unauthorized distribution and use of Support Services. Partner will not abuse its receipt or use of Support Services, including but not limited to, accessing Support Services for issues that have already been resolved or performing routine updates or other tasks reasonably within the purview and skill of Partner’s own IT department. Partner and its Affiliates shall comply, and ensure their personnel comply, with all applicable laws and regulations, including applicable sanctions and export controls. Partner shall promptly notify Apple should it or any of its Affiliates become subject to legal restrictions that could affect Apple’s ability to provide Support Services and, upon Apple’s request, Partner shall in a timely manner provide supporting documentation to assess the potential applicability of legal restrictions.
5. Screen Sharing. Apple may ask Partner to screen share in order to provide Support Services, whereby if permitted by Partner, Apple will view information on Partner’s screen through the use of video conferencing or other such software. Screen sharing by or on behalf of Partner indicates its permission for Apple to provide Support Services in this way. Partner shall close all files and applications that are not pertinent to the Support Incident and is solely responsible for what is shared on screen. Video conferencing software or the features of Partner’s device will allow Customer to terminate the screen sharing at any time.
6. Additional Services or Software. Any additional services provided as part of a Service Plan will be governed by these Terms and Conditions. In the event that Support Services are provided at Partner’s location as part of a Service Plan, Partner will ensure that Apple or its authorized representative is granted access to the location at the arranged time and will secure a safe working environment sufficient for Apple or its authorized representative to perform the Support Services. If software is provided as part of a Service Plan, such software is the copyrighted works of Apple Inc. and/or its licensors. Partner may install, reproduce, and use the software exclusively for the purpose of supporting the Supported Products but, except as permitted by applicable law, may not decompile, reverse engineer, modify, rent, lease, loan or create derivative works in the software. If the software is subject to the terms of a separate license agreement, the terms of the separate license agreement will govern the use of the software.
7. Feedback.
Notwithstanding any other provision in these Terms and Conditions, if Partner or Technical Contact(s) provides any ideas, suggestions or recommendations (“Feedback”) to Apple regarding or in any way related to the Support Services, Service Plans, Supported Products, or Apple confidential information, Apple shall be free to use and incorporate such Feedback in Apple’s products, technologies, and services without paying any royalties to Partner or Technical Contact(s) and without any other obligations or restrictions. Nothing in these Terms and Conditions shall be interpreted to grant a license or waive any rights in Apple’s patents, copyrights, trademarks, or other intellectual property or proprietary rights.
8. Limited Warranty.
ALTHOUGH APPLE CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, APPLE WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES UNDER THE SERVICE PLAN WITH DUE DILIGENCE AND IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, APPLE AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY OR IMPLIED WARRANTIES RELATING TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation of Liability. IN NO EVENT SHALL APPLE AND ITS LICENSOR HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, DAMAGE, CORRUPTION, OR LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, IN EACH CASE, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT APPLE AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
10. Indemnity.
10.1 Partner will defend, hold harmless and indemnify Apple, its subsidiaries and Affiliates, and their respective officers, directors, employees and agents from and against any claim or threat of claim or proceeding brought by a third party against Apple arising out of the acts and/or omissions of Partner, including without limitation any alleged violation by Partner of its obligations under Section 4.
10.2 In the event Apple seeks indemnification from Partner under this Section 10, Apple will promptly notify Partner in writing of the claim(s) brought against Apple for which it seeks indemnification. Apple reserves the right, at its option and sole discretion, to assume full control of the defense of such claim with legal counsel of its choice. In the event Apple assumes control of the defense of such claim, Apple shall not settle any such claim requiring payment from Partner without Partner’s prior written approval. Upon Apple’s request, Partner shall reimburse Apple for any expenses reasonably incurred by Apple in defending such a claim, including, without limitation, attorney's fees and costs, as well as any judgment on or settlement of the claim in respect to which the foregoing relates.
10.3 Partner may not enter into any third party agreement which would, in any manner whatsoever, affect the rights of or bind Apple in any manner, without the prior written consent of Apple.
11. Term and Termination.
11.1 Term. Unless terminated earlier in accordance with this section, a Service Plan will continue from the Effective Date until terminated in accordance with Section 11.2 or 11.3, below.
11.2 Termination by Apple. Apple may terminate a Service Plan without cause upon thirty (30) days’ written notice to Partner. Apple may immediately terminate a Service Plan if Partner fails to comply with these Terms and Conditions, or if Partner breaches a term of any software license agreement governing the use of software provided under a Service Plan.
11.3 Termination by Partner. Partner may cancel a Service Plan for any reason on thirty (30) days’ notice.
11.4 Survival. All provisions that would reasonably be expected to survive the termination of these Terms and Conditions survive, including but not limited to, Sections 4 (Partner Responsibilities), 7 (Feedback), 8 (Limited Warranty), 9 (Limitation of Liability), 10 (Indemnity), 11 (Term and Termination), 12 (Apple; Governing Law) and 13 (Data Protection).
12. Apple; Governing Law. “Apple” is identified in the table below according to Partner’s country of residence. IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF DELAWARE OF THE UNITED STATES OF AMERICA, UNLESS PROHIBITED BY LAW, IN WHICH CASE THE LAWS OF THE COUNTRY (OR REGION, WHERE APPLICABLE) OF PARTNER’S PRINCIPAL PLACE OF BUSINESS, AND THE COURTS OF THE RESPECTIVE COUNTRIES (OR REGIONS) WILL HAVE JURISDICTION OVER THE MATTER.
13. Data Protection. Partner agrees and understands that it is necessary for Apple to collect, process and use Partner and Technical Contact data in order to perform the service and support obligations under the Service Plan and for compliance with applicable laws. This may include transferring Partner and Technical Contact data to affiliated companies or service providers. Apple will process personal data in accordance with Apple’s Privacy Policy available at https://www.apple.com/legal/privacy/en-ww/. Note that Apple may be obligated as a matter of law and policy to report to law enforcement certain images if viewed during a Support Services session. Apple may record part or all of the calls between Partner and Apple for training, quality assurance and reference purposes.
14. General.
14.1 No Assignment. Partner may not assign its rights or obligations under a Service Plan. Any unauthorized assignment will be void.
14.2 Force Majeure. Apple will not be liable for performance delays or for non-performance due to causes beyond its reasonable control.
14.3 No Waiver. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default.
14.4 Enforceability. If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Terms and Conditions.
14.5 Entire Agreement. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between Apple and Partner with regard to the Service Plan and the Support Services provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter. No addition to or deletion from or modification of any of the provisions hereto shall be binding upon Apple unless made in writing and signed by an authorized representative of Apple. Any term or condition on any order or other document submitted by Partner shall be of no force or effect whatsoever and is specifically rejected.