Terms and Conditions
BY CLICKING “I AGREE,” YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE THAT THE FOLLOWING TERMS AND CONDITIONS GOVERN THE EXAMINATION, CERTIFICATION AND ANY SERVICES UNDER THIS APPLE CERTIFICATION AGREEMENT (“AGREEMENT”). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK “I AGREE” AND DO NOT TAKE OR ACCESS THE EXAMINATION MATERIALS. THIS AGREEMENT WILL BE EFFECTIVE WHEN YOU CLICK ON “I AGREE.”
This Agreement is entered into between You and Apple, as described below. By entering into this Agreement, You acknowledge that You have read and agree to the terms of the Apple Identity Guidelines (the “Apple Identity Guidelines”), available at https://training.apple.com/content/dam/appletraining/us/en/2022/documents/Apple_ID_Guidelines_Channel_180919.pdf, and the terms and conditions of the Apple Certification Policies (the “Policies”), available at https://www.apple.com/legal/sales-support/certificationpolicies.html, all of which are incorporated into and made a part of this Agreement by reference.
- Definitions. The following terms shall have the meanings specified below:
- 1.1. “Agreement" means, collectively, this Apple Certification Agreement, and all exhibits, documents, and any variation or amendments thereto, all of which are incorporated into and made part of the Agreement.
- 1.2 ”Apple Certification Examination" ("Apple Certification Exam” or "Exam") means any examination established by Apple which an individual must pass in order to attain or maintain Certification.
- 1.3. "Apple Certified Individual” means an individual who has passed the required Exam(s) and met all Certification requirements for the Program, maintains the Certification by meeting any additional requirements and recertifications required by the Program, and may use the applicable Apple Certification Signature or Apple Digital Badge in accordance with this Agreement.
- 1.4 “Apple Certification Signature” means any of the Certification signatures established by Apple under the Program that an Apple Certified Individual may be authorized to use upon successful completion of the applicable Apple Certification Examination(s) and compliance with all Program requirements.
- 1.5. “Apple Digital Badge” means an online representation established by Apple under the Program that You may be authorized to use upon successful completion of applicable Apple Certification Examination(s) and compliance with all Program requirements.
- 1.6. “Apple Confidential Information” means any information in oral or written form that You know or have reason to know is confidential information and that is disclosed in connection with this Agreement or to which You may have access in connection with this Agreement, including but not limited to, any information that is disclosed in connection with the Program or an Apple Certification Exam (including the language and content of Exam questions and answers). Apple Confidential Information shall not include information that: (i) was rightfully in Your possession prior to disclosure without any obligation to maintain its confidentiality; (ii) was independently developed by You without the use of or reference to Apple Confidential Information; or (iii) is now, or hereafter becomes, publicly available other than through disclosure by You in breach of this Agreement.
- 1.7. "Certification" means passing the requisite Apple Certification Exam(s), and meeting and maintaining compliance with all other Program requirements for entitlement to use the applicable Apple Certification Signature or Apple Digital Badge.
- 1.8. “Party” means either Apple or You, and “Parties” means both of them.
- 1.9. "Program" means the Apple Certification Program which enables You, as an individual, to become an Apple Certified Individual upon completion of all Certification and Program requirements.
- Certification.
- 2.1. Certifications. Upon passing an Apple Certification Exam and completion of the Program requirements, as determined by Apple in its discretion, You are eligible for Certification by Apple. Program requirements are outlined in the Policies, and include any additional requirements as may be communicated by Apple.
- 2.2. Continuing Certification Requirements. You must meet all continuing Certification requirements, as may be communicated by Apple, in order to maintain Your status as an Apple Certified Individual.
- Your Obligations.
- 3.1 You will act and perform all activities under the Program, including any and all services You may provide and business You may conduct as an Apple Certified Individual, in a manner that maintains the good name, goodwill and reputation of Apple, its employees, directors, affiliates and its products, the Program and the Apple brand. Without limitation, You: (i) will not engage in any illegal, false or deceptive acts or practices; (ii) will not make any representations, warranties, or guarantees to customers on behalf of Apple; (iii) will comply with all applicable laws and regulations (including, but not limited to laws regulating Your professional status and licensing requirements and export regulations) and all other applicable governmental laws, statutes and regulations; (v) will comply with all intellectual property and proprietary rights protections for Apple software, development tools, and other products; and (vi) will not disassemble, decompile, reverse engineer, or otherwise reduce or seek to derive the object code for Apple software and/or tools to a human readable (source code) form.
- Authorization to use Apple Certification Signatures and Apple Digital Badges.
- 4.1 Upon meeting the requirements for Certification, and continuing so long as You meet and comply with all applicable continuing Certification requirements, Apple authorizes You to use the applicable Apple Certification Signature or Apple Digital Badge for which You have been certified. Your use of any Apple Certification Signature or Apple Digital Badge must comply with the Apple Identity Guidelines. All rights not expressly granted herein are reserved by Apple.
- 4.2 You acknowledge Apple has sole ownership of the Apple Certification Signatures and Apple Digital Badges, and that nothing in this Agreement, in Your performance as an Apple Certified Individual, or otherwise gives You any right, title, or ownership interest in the Apple Certification Signatures or Apple Digital Badges.
- 4.3 You may not use or reproduce the Apple Certification Signatures or Apple Digital Badges in any manner other than as explicitly authorized herein, or in the Identity Guidelines. You shall not use the Apple Certification Signatures or Apple Digital Badges in a manner that may interfere with or diminish the rights of Apple in the Apple Certification Signatures or Apple Digital Badges, whether during the term of this Agreement or after its termination or expiration. Nothing in this Agreement shall authorize You to use any Apple trademarks, service marks, or logos except as expressly specified in this Agreement.
- Disclaimer of Warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, APPLE SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES RELATING TO THE PROGRAM INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, APPLE’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY YOU FOR THE CERTIFICATION EXAM. IN NO EVENT SHALL APPLE OR ANY AFFILIATE OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY LEGAL THEORY INCLUDING, BUT NOT LIMITED TO, LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, CORRUPTION OF, OR COMPROMISE OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE CAUSED, ARISING FROM OR RELATED TO YOUR CERTIFICATION, FAILURE TO ACHIEVE CERTIFICATION, OR USE OF OR INABILITY TO USE THE APPLE CERTIFICATION SIGNATURES OR APPLE DIGITAL BADGES,, OR ARISING FROM OR RELATED TO THE TERMINATION OR REVOCATION OF YOUR CERTIFICATION, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN YOUR COUNTRY OF PURCHASE, OR IF DIFFERENT, YOUR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.
- Indemnification.
- 7.1 You agree that Apple shall have no liability to You or any of Your employees, agents, clients or customers and that You shall defend, indemnify, and hold Apple, its affiliates, subsidiary corporations and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all actions, demands, claims, and/or liabilities (including, but not limited to, personal injury or product liability claims) arising out of: (i) Your use of the Apple Certification Signatures and Apple Digital Badges in a manner which is in any way inconsistent with the terms of this Agreement; or, (ii) the performance, promotion, sale, or distribution of Your services as an Apple Certified Individual; or (iii) the termination of this Agreement by Apple or termination of Your status as an Apple Certified Individual, pursuant to the terms herein.
- 7.2 Some jurisdictions do not allow limitations of liability in certain circumstances (for instance, in the event of death, personal injuries, gross negligence or willful misconduct), so the foregoing indemnity may not apply to You.
- 7.3 In the event Apple seeks indemnification from You under this Section, Apple will promptly notify You 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 You without Your prior written approval. Upon Apple’s request, You 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.
- 7.4 You 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.
- Confidentiality.
- 8.1 Anyone accessing an Apple Certification Exam or Apple Confidential Information must maintain the confidentiality of this information. An individual who violates the terms of this provision will be permanently ineligible from becoming an Apple Certified Individual, and will be decertified from the Apple Certification Program and any Apple Certification Signatures or Apple Digital Badges associated with it.
- 8.2 You agree to protect Apple’s Confidential Information, using no less than a reasonable degree of care. You agree to use Apple’s Confidential Information only in a manner consistent with the purpose of this Agreement. You will not disclose, publish, or disseminate Confidential Information.
- 8.3 If You are or may be required to disclose Confidential Information by law, You will make all reasonable efforts to give Apple notice of such requirement prior to any such disclosure and take reasonable steps to obtain protective treatment of the Confidential Information.
- 8.4 Except as expressly set forth herein, no license or other rights to Confidential Information are granted or implied hereby, and Apple retains all of its rights therein. Notwithstanding any other provision in this Agreement, if You provide any ideas, suggestions or recommendations (“Feedback”) to Apple regarding or in any way related to the Apple Certification Program, Apple Certification Exam, or Apple’s Confidential Information, Apple is free to use and incorporate such Feedback in Apple’s sole discretion, without payment of royalties or other consideration to You. Nothing in this Agreement shall be interpreted to grant a license or waive any rights in either party’s patents, copyrights or trademarks.
- Term and Termination.
- 9.1 This Agreement may be terminated by either Party at any time without cause (i.e. for any or no reason), on thirty (30) days’ written notice to the other party.
- 9.2 Apple may immediately terminate this Agreement, including termination and revocation of any Certifications and all rights to use Apple Signatures or Apple Digital Badges if: (i) You fail to fully perform or comply with any obligation under this Agreement; (ii) You use an Apple Certification Exam, Apple Certification Signature, or Apple Digital Badge, or disclose Apple Confidential Information for a purpose other than the stated purpose of this Agreement; or (iii) You infringe an intellectual property right of Apple, or engage in an activity prohibited by law.
- 9.3 Immediately upon notice of termination of this Agreement by Apple, You shall immediately cease all use of all Apple Certification Signatures or Apple Digital Badges corresponding to the Certification to which this Agreement relates.
- 9.4 Termination of this Agreement shall not prejudice or in any way compromise Apple’s rights under this Agreement or in law, equity or otherwise Relationship of the Parties.
- Relationship of Parties.
- 10.1 You acknowledge and agree that nothing in this Agreement or any other fact or circumstance shall create an employment relationship between You and Apple, nor shall it create any partnership, joint venture, principal-agent or franchisor-franchisee relationship. You shall confirm the status of your relationship with Apple and Your lack of authority to act on Apple’s behalf whenever necessary to avoid third party confusion.
- 10.2 You shall not advertise, promote, or suggest in any manner that Your services are provided by, sponsored by, or associated in any way with Apple, or that You are employed by, affiliated with, or sponsored by Apple, except to display Your Apple Certification Signature(s) or Apple Digital Badge(s).
- Apple; Governing Law. “Apple” is identified in the table below according to Your country of residence. IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE COUNTRY IN WHICH THE EXAMINATION IS TAKEN OR, IF DIFFERENT, THE COUNTRY OF RESIDENCE, AND THE COURTS OF THE RESPECTIVE COUNTRIES WILL HAVE JURISDICTION OVER THE MATTER.
- Data Sharing and Protection.
- 12.1 You agree and understand that it is necessary for Apple to collect, use and otherwise process Your data to process Your Apple Certification Examination, issue and maintain Apple Certification Signatures or Apple Digital Badges, otherwise support the services provided under this Agreement and confirm ongoing compliance with Apple’s policies and applicable laws. Apple will retain Your data only so long as is necessary to fulfill these purposes.
- 12.2 In furtherance of the purposes of this Agreement Apple may, from time to time, share Your data with third parties including, but not necessarily limited to, third parties contracted with Apple to administer the Apple Certification Exam(s) and create and maintain Apple Certification Signatures or Apple Digital Badges signifying successful completion of the Exam(s). These third parties may contact You. The third parties are obligated to use Your data only to provide the services as directed by Apple.
- 12.3 At all times, Your data will be handled in accordance with the Apple Privacy Policy (www.apple.com/privacy).
- General.
- 13.1 You may not assign Your rights or obligations under this Agreement. Any unauthorized assignment is void.
- 13.2 Apple is not liable for any performance or delays.
- 13.3 A waiver by Apple of any breach or default under these Terms and Conditions shall not constitute a waiver by Apple of any subsequent breach or default.
- 13.4 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 this Agreement will be adjusted if possible so as to give maximum effect to the original intent of the Parties consistent with the purpose of this Agreement.
- 13.5 This Agreement constitutes the entire agreement between Apple and You with regard to the Apple Certification Program, and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter. No modification of this Agreement shall be binding upon Apple unless made in writing, and signed by an authorized representative of Apple.
- 13.6 Apple reserves the right to change this Agreement at any time. Notices of changes to the Agreement will be given by Apple posting the changes on the Apple Certification Records System (“ACRS”) or the Training and Certification Agreement and Policies page, available at https://www.apple.com/legal/sales-support/certification/, and notice will be deemed to have been given when posted. You will have a commercially reasonable time to implement or adapt to such changes by Apple, not to exceed thirty (30) days.
COUNTRY VARIATIONS
“Apple” shall mean entity listed in the table below, based upon Your country of purchase or residence.
Country/Region of Purchase or Residence |
Apple |
Address |
Americas |
||
Brazil |
Apple Computer Brasil Ltda. |
Rua: Leopoldo Couto Magalhães Júnior, nº 700, 7º andar, São Paulo, SP, Brasil 04542-000 SAC: 0800-761-0880
|
Canada |
Apple Canada Inc. |
120 Bremner Blvd., suite 1600, Toronto ON M5J 0A8 |
Chile |
Apple Chile Comercial Limitada |
Cerro El Plomo 5630 , Torre 8 Piso 20, Oficina 2001/2002, Santiago, Las Condes, Chile |
Colombia |
Apple Colombia S.A.S. |
Calle 93, Edificio Lamy , 8th Floor, Bogotá, Colombia |
Mexico |
Apple Operations Mexico, |
Av. Paseo de la Reforma 483, piso 41, Col. Cuauhtémoc, Ciudad de México, Cuauhtémoc, 06500, Mexico |
United States and Other Americas Countries |
Apple Inc |
One Apple Park Way, Cupertino, CA 95014, U.S.A. |
Europe, Middle East and Africa |
||
Saudi Arabia |
Apple Saudi Arabia LLC |
Level 30, Faisaliah Tower, King Fahed Highway, Olayah District, P.O Box 54995, Riyadh, 11524, Saudi Arabia |
Türkiye |
Apple Teknoloji ve Satış Limited Şirketi |
Büyükdere Caddesi, No:199, Levent 199, Kat: 22 ve 23, 34394 Şişli, Mecidiyeköy, İstanbul |
UAE |
Apple M E FZCO Dubai Branch |
Emaar Square, Building 4, Unit 302, PO Box 116977 |
All other Countries |
Apple Distribution International Limited |
Hollyhill Industrial Estate Hollyhill, |
Asia Pacific |
||
Australia; Fiji, Papua New Guinea; Vanuatu |
Apple Pty Limited |
Levels 2-8, 20 Martin Place, Sydney NSW 2000, Australia Tel: 133 622 |
Hong Kong |
Apple Asia Limited |
Suites 2401-2412 , Tower One, Times Square, Causeway Bay; Hong Kong |
India |
Apple India Private Limited |
19th Floor, Concorde Tower C, |
Indonesia |
PT Apple Indonesia |
Gd. World Trade Center 2, Lt. 19, Jl. Jend. Sudirman Kav. 29-31, Kel. Karet, Kec. Setiabudi, Jakarta, Selatan, 12920, Indonesia |
Japan |
Apple Japan, Inc. |
6-10-1 Roppongi, Minato-ku Tokyo 106-6140, Japan |
Korea |
Apple Korea Limited |
3901 (ASEM Tower, Samsung-dong) 517 Yeongdong-daero, Gangnam-Gu; Seoul 06164, Republic of Korea |
Macau (or Macao) |
Apple Macau Limitada |
Avenida da Praia Grande , No. 759, 5th Floor, Macau, China |
Malaysia |
Apple Malaysia Sdn. Bhd. |
Level 11 MENARA CIMB, Jalan Stesen Sentral 2 Kuala Lumpur Sentral 50470, Kuala Lumpur, Malaysia |
New Zealand |
Apple Sales New Zealand |
58 Gaunt Street, Level 6, Auckland, 1010 , New Zealand |
Afghanistan; Bangladesh; Bhutan; Brunei; |
Apple South Asia Pte. Ltd. |
7 Ang Mo Kio Street 64 |
People’s Republic of China |
Apple Computer Trading (Shanghai) Co. Ltd. |
Building 6, Block C, 88 Maji Road (District C), China (Shanghai) Pilot Free Trade Zone |
Taiwan |
Apple Asia LLC |
32F, No. 100, Songren Rd., Xinyi Dist., Taipei City, 11073, Taiwan |
Thailand |
Apple South Asia (Thailand) Limited |
44th Floor, Room No. HH4401-6, The Offices at Central World, 999/9 Rama 1 Road , Pathumwan, Pathumwan , Bangkok 10330 Thailand |
Vietnam |
Apple Vietnam Limited Liability Company |
Unit 901, Deutsches Haus Ho Chi Minh City, No. 33, Le Duan Blv.,Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam |
Other Asia Pacific Countries |
Apple Inc. |
One Apple Park Way, Cupertino, CA 95014, U.S.A. |