Apple refund clause: Bad for developers? | Apple - CNET News

Apple refund clause: Bad for developers? | Apple - CNET News. Consumer lawyers know that the Uniform Commercial Code makes contracts of adhesion, which contain unconscionable provisions, unenforceable. However, this protection only applies to consumers, as defined in the Code. However, any contract in which there is unequal bargaining power, and in which one side dictates terms that are "unconscionable", are looked at carefully by the Courts. In the case of the Apple Store, software developers must sign a clause that gives Apple 30% of the fee for the software, and then permits Apple to refund the entire amount to the consumer if the consumer demands a refund within 90 days. If that happens, the software developer must reimburse Apple, and Apple gets to keep the commission. Apple, are you blushing?