My Google Play Store Developer Account Was Closed, What Can I Do? Can I File a Lawsuit in Turkey?

In today’s article, we will primarily address an issue faced by Android developers and programmers who sell their products on the Google Play Store. In the continuation of our writing, we will explore the closure of a Google Play Store Developer account under a few main headings and discuss whether legal action, such as filing a lawsuit, can be taken due to the irreparable damages caused by Google acting on your behalf. We will delve into these topics in detail in our article.

The fundamental questions we will seek answers to in our article are grouped under three main headings.

  1. What should I do to prevent the closure of my Google Play Store Developer account?
  2. My Google Play Store account is closed, how can I reopen the closed Play Store account?
  3. My Google Play Store Developer account was closed due to an error on Google’s part, my account was closed without any notification from Google, I did not commit any negligence or violation in my Google Developer account, how can I assert my rights, how can I file a lawsuit?

To determine our perspective on the matter, we will first examine why the Google Play Store team closes Developer Console accounts and what steps we need to take to prevent the closure of a Developer account. Additionally, under the first two headings, we will also address two important ways to intervene more quickly if your account is not closed or if it is closed, to combat the unjust removal of your application from the Google Play Store.

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If you are providing services as a developer through Google, Apple or other Stores, remember that your account may be closed at any time!

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WHAT SHOULD I DO TO PREVENT MY GOOGLE PLAY STORE DEVELOPER ACCOUNT FROM BEING CLOSED?

In fact, Google takes into consideration the public interest with the services it provides, making every effort to prevent users from being deceived or misled on digital platforms and to prevent any loss of rights that may occur on these platforms. Therefore, Google publishes certain policies for the services it offers, and it expects developers on the Play Store to comply with these policies. In this context, when your Google Play Store Console account is closed or your application is removed from the store, one of the reasons listed below, which are Google policies, will be cited:

  1. Google Play Developer Agreement
  2. Earning Policy and Subscriptions via Google Play Store Console Account
  3. Providing Restricted Services and Content Policy on Google
  4. Google Play Store Developer Intellectual Property Principles
  5. Information gathering, misleading, virus, and privacy policy of your application published on Google Play Store
  6. Compliance with Family Policy framework for the audience and age-appropriate content presentation to users
  7. Intellectual Property Policy that Google follows for intellectual property violations, including Creative Commons
  8. Additionally, Google expects developers to follow its Privacy and Personal Data Protection Policy and Google Service Terms.

The Google Play Store Developer Policies outlined above create a framework, providing flexibility for Google to make decisions. Due to the more restricted and specific nature of the Turkish legal system, it may sometimes be challenging to discern which Google policy has been violated.

As you may be aware, when Google removes your application or closes your developer account, it will not explicitly state the violation you committed or the reason for the removal within the application. To avoid your application being removed or your Google Play Store developer account being closed, you need to pay attention to the following points:

  1. When opening a Developer account on Google Play Store Console, it is recommended to use Wi-Fi, computer, credit card, email address, and phone number exclusively for this account (excluding daily expenses and life expenditures).
  2. The devices (computer, tablet, or phone) used by the Developer/Development team should not be used in areas prohibited by Google’s Content Policies, such as Child Pornography, Illegal Gambling Applications, Weapons Trading, Human Trafficking. If the developer is used in such areas, even if the owner of the application is you, Google Policies will be violated, and if a connection is detected between the person violating the policies and you, your application will be included, leading to the closure of your Developer account.
  3. It is important to pay attention to the past software types your team members have dealt with and whether any Developer accounts have been closed.
  4. Google closes Developer accounts without imposing restrictions on a per-account basis; it directly blocks the user. This situation results in lifetime restrictions.
  5. Those who have access to your Developer account should be carefully selected or not used by anyone outside of you.
  6. If you have purchased copyrights from providers regarding Intellectual Property, you need to report these copyright files to Google and specify them as third-party providers within the application.
  7. Google is strict about its subscription policies, even in its own application, such as YouTube. There are certain standards declared by Google under Subscription policies.
  8. In case of offering subscription after a free version to the user, the duration of the free period should be clearly stated, and the Campaign Terms should be presented in the user’s native language for them to read. The user should be informed one day before the end of the free period via email, stating how much the fee will be after the free period, informing that it will be converted to a paid membership, and allowing subscribers to easily cancel their subscriptions.
  9. Google may impose sanctions in case of policy violations in this regard. However, it is explicitly stated that Subscription Terms must be written and presented in the user’s native language.
  10. If the application can be used without payment, this situation should not be hidden from the user.
  11. If packages such as Luck Cards are to be sold to the customer, it should be clearly stated that all kinds of equipment can be obtained from the packages.
  12. Regarding Google AdMob ads, Google sends a Warning Email if violations are detected in your application or Developer account. These emails often end up in Spam or Junk folders, so it is recommended to take the email address “admob-noreply@google.com,” which Google uses to send you emails, seriously.
  13. Google sometimes imposes restrictions on application names and, as an example, does not allow the use of the word “Covid” in an application name. Therefore, when choosing a name, it is advisable to be a bit more careful.
  14. If someone will have access or control rights to your Console Account, it is more secure to grant authorization via corporate email addresses.
  15. Also, do not say that my Developer Account will not be closed due to small errors. Google can close an account directly due to minor errors. For example, if Google or one of its companies feels that the name of the application could be understood as a Developer or Contributor of Google in a certain way, it can close the Account or Application. (For example, if your application helps to listen to music on Android devices, it is recommended to choose the name of the application as “Music Player for Android” rather than “Android Music Player”).
  16. Additionally, it is recommended to regularly and carefully monitor notifications from the Developer Console Account and emails sent to the email address.
  17. In case of copying code structures used in the application from another application (purchasing ready-made code), there may be restrictions on copyright. Therefore, it is necessary to pay attention to the Purchase Conditions in purchased templates. Third-party providers may require the source of the copyright you purchased to be specified.

If you have any further questions or need assistance on any specific point, feel free to ask!

MY GOOGLE PLAY STORE ACCOUNT HAS BEEN CLOSED/BLOCKED, CAN I OPEN A DIFFERENT DEVELOPER ACCOUNT?

Actually, the answer to this question is quite similar to the points mentioned in the first heading of our article. The Google Play Store team must have closed your Developer Account due to one of the titles mentioned above. Therefore, it is essential to focus on identifying the source of the error. When detecting the violation here, you need to be a bit more careful and make sure that there is no violation in the Beta versions of your application, which may not be live but is installed in your Play Store account.

In an incident we experienced, the Google Play Store team sent a copyright infringement notification four years after the developer uploaded a Beta version to their Play Store account. Furthermore, this infringement does not exist in the version of the application that is live. However, Google explicitly does not state, “You made a mistake in the Beta version of this application.” Because it did not say that, the application’s live version, which has been published and reached nearly 1 million downloads, was removed from the store for 9 months due to an error in the Beta version. After 9 months, when the error in the Beta version was noticed, the application was put back on the store.

After receiving the warning or account closure email from the Google Play Store team, your first priority should be to identify where the violation occurred and try to fix it.

If your account is closed and blocked by Google, you need to send an email to Google, explaining that the action taken is a mistake and convince them.

If these methods do not work, and you are wondering, “What else can I do?” then you need to continue your developer life with a different approach. Use a mail account that your close ones have been using for 2 or 3 years, along with a credit card from a third person, on a different Wi-Fi, with a computer or phone you have never used before, and a different application.

If you want to re-publish the application that caused Google to block you, you need to change the code structure of the application and make it more unique compared to its initial version. It might be easier to start a new project.

If you have any further questions or need assistance on any specific point, feel free to ask!

MY GOOGLE PLAY STORE ACCOUNT HAS BEEN CLOSED, HOW CAN I OPEN BACK MY CLOSED PLAY STORE DEVELOPER ACCOUNT?

If one day you receive one of the emails below, you will find yourself asking the question ‘What can I do if my account is terminated by the Google Play Store team and my service agreement is terminated?’

‘Google Play Publisher account has been terminated This is a notification that your Google Play Publisher account has been terminated. REASON FOR TERMINATION: Prior violations of the Developer Program Policies and Developer Distribution Agreement by this or associated accounts as outlined in previous emails sent to the registered email address(es) of the Publisher account(s). Google Play Publisher suspensions are associated with developers and may span multiple account registrations and related Google services. You can visit the Developer Policy Center to better understand how we enforce Developer Program Policies. If you’ve reviewed the policy and feel this termination may have been in error, please reach out to our policy support team. Do not attempt to register a new developer account. We will not be restoring your account at this time. The Google Play Team’


‘This is a notification that your Google Play Publisher account has been terminated. REASON FOR TERMINATION: Multiple violations of the Content Policy and Developer Distribution Agreement as outlined in previous emails sent to the registered email address of your Publisher account. Please note that Google Play Publisher terminations are associated with developers and may span multiple account registrations and related Google services. If you feel we have made an error, you can visit the Google Play Help Center article for additional information regarding this termination. Please do not attempt to register a new developer account. We will not be restoring your account at this time. The Google Play Team’

If you receive emails like these, understand that your account has been terminated by Google. No developer wants to face this dreaded situation when providing services through Google or Apple. If you don’t have the chance to go from here to Silicon Valley or Ireland, you may have the chance to convince Google’s bots and communicate with a real person after overcoming the bots.

In this regard, if you believe that Google has no valid reasons to close your account, you need to send an explanatory email. The email communication process is generally used by Google every two weeks, and they usually respond within an average of two weeks.

Therefore, it’s essential not to be in the mindset of solving it within 1 or 2 days, preventing frustration, and losing hope. In one example, 57 emails were sent during the email communication process, and a meaningful and logical response from Google could not be obtained. The 57-email process took 9 months, and the game was not released within 9 months.

If your application has been removed from the Google Play Store, we recommend suppressing your anger towards Google and investigating where the error in the application may come from.

Minor errors in the application, although not considered important from your perspective, are closely monitored by Google. When detected, the application is immediately removed from the store. As an example, if an application included in the Play Store account, but only published for testing 4 years ago, has been removed from the store for a while. There was an unauthorized copyright design in the Beta version. However, this design was never used in the version that was last published and did not receive any downloads. However, due to a copyright infringement in the Beta version from 4 years ago, even though the application was not in the store and was not used, the application was suspended for a long time in the version that was published. The application was put back into operation until this error in the Beta version was noticed and fixed.

Although Google does not directly tell you the content of the violation, it conceptually expresses it as the title. Therefore, as soon as Google informs you of the policy title you violated, you need to start working on it immediately.

In addition, in foreign sources, the application of a company listed in the Fortune 500 has also been removed by Google and could not be re-stored for 3 months. In this case, there is nothing else to do but to email Google and try to resolve the issue.

MY GOOGLE PLAY STORE ACCOUNT WAS CLOSED DUE TO GOOGLE'S MISTAKE, WITHOUT NOTIFICATION OR EVEN IF I HAVE NOT COMMITTED ANY NEGLIGENCE OR VIOLATION. HOW CAN I TAKE LEGAL REMEDY? CAN I FILE A CASE FOR DAMAGES?

If your Google Play Store Console account has been closed, your app has been removed from the store, and your AdMob earnings have been frozen by Google, you might be wondering how to pursue a legal process against Google or if you can follow a legal procedure. Here are three main headings to consider when examining the legal process:

  1. Reviewing Google Policies:
    • First and foremost, thoroughly review Google’s Developer Program Policies, AdMob Policies, and other relevant policies. Understanding these policies is crucial to figuring out why your account was closed or why your earnings were frozen.
  2. Appeal and Communication:
    • Try to appeal the decision through Google’s official channels. This often involves reaching out to Google’s support teams, providing any necessary documentation, and explaining your case. Google’s decision-making process may involve automated systems, so it’s important to present your case clearly and concisely.
  3. Legal Consultation:
    • If the appeal process doesn’t yield satisfactory results, consider seeking legal advice. Consult with a lawyer who specializes in technology, intellectual property, or digital rights. They can help you understand the legal aspects of your situation and guide you on whether there are grounds for legal action.

It’s important to note that legal action against large tech companies like Google can be complex, and success is not guaranteed. Legal proceedings can be time-consuming and expensive. Therefore, it’s advisable to exhaust all available channels for resolution, including appeals and communication with Google, before considering legal action. Always consult with a legal professional for advice tailored to your specific situation.

1. Your Google Account will be closed and you will be BANNED from Google Play Store for Life!

Having your account closed by Google and being banned from Google Services for a lifetime is a severe penalty that can significantly impact your future and economic well-being. Therefore, Google, with its global power, seems to exert pressure on developers under the principles of unfair competition, almost judging you and passing judgment through its own justice system. The Click-On agreements that you agreed to when creating your developer account establish a dominance over you.

In cases where Google directly blocks its services for you, and you are unable to benefit from the services at all, it is advisable to take a position based on the content of the violation communicated to you. While crimes such as child pornography, illegal gambling sites, money laundering, human trafficking, slave trade, and arms trafficking are universally prohibited by the laws of each country, Google’s clear and decisive stance in such crimes is derived from superior public interest.

However, in cases of interpersonal rights violations where litigation is required, Google’s closure of your account, freezing of Admob revenues with measures, and exclusion from the service are debatable in terms of legality and compliance with the law. Moreover, Google’s accusing the developer without directly providing a reason, and due to its global power, not being obligated to inform you about the cause and justification of the violation according to the agreement it made with you, puts it in an unfair action and attitude. This situation constitutes an abuse of right, and Google needs to prove good faith.

The statement from the Google Play Store Team or Bots saying they are suspending your account without showing cause, warning, or correcting the violation without notifying, clearly states that there is no notification obligation in the agreement signed between you and Google. However, the validity and legality of the terms set in the contract are subject to discussion under the Turkish Code of Obligations, the Code of Civil Procedure, and the Consumer Protection Law (MÖHÜK).

Google provides services unilaterally with the declaration of will and fixed Click-Wrap or Click-On agreements. In these web-based click-on agreements, developers show the will to join the agreement but cannot declare will and request changes. Google, by using its superiority captured globally as a pressure tool on 3rd party developers/coders who provide content, obtains acquisitions unjustly and unlawfully.

Moreover, it makes an exemption agreement considering its own superior interest, and when developers want to assert their rights, it adds very heavy procedural conditions. While Google can make such sanctions and determinations, this situation is considered as an abuse of right both in our domestic law and within the scope of the Consumer Protection Law.

This situation limits the freedom of contract and damages the autonomy of the contract within the scope of the Consumer Protection Law (MÖHÜK). Therefore, in cases of non-compliance with the Google user agreement, you are obliged to fulfill the notification obligation justly and in accordance with the Turkish Code of Obligations, and you can also claim non-compliance with the contract against Google.

Also, after your Google account is blocked with a violation report, directly seizing your advertising revenues will create a different legal problem and will be considered as unjust intervention. For damages arising from sanctions against you without being investigated by legal means, you have the right to demand compensation.”

Please note that legal texts are complex, and translations may not capture all nuances. It’s always advisable to consult with a legal professional for accurate advice related to your specific situation.

2. Can I Get My Unpaid Admob Revenues Back from Google?

If the Google Play Store team is withholding your Admob revenues, alleging that you have gained income by violating the rights of third parties through illegal or unlawful means, Google should refund the Admob revenues to the person who suffered the loss of rights in this situation. However, Google retains control of this amount and does not refund it to the person who reported the violation against you. Yet, Google finds the complainant justified. In this case, Google manages and controls the situation economically in a way that benefits itself the most.

As explained above, even though the gains obtained due to your non-legal activities will not be directly refunded to you, these revenues should not remain in Google’s coffers. However, if you enter into a quest for rights in this situation, keep in mind that if your own actions constitute an unjust act, it may also serve as a duty to report against you in criminal terms.

Because, for Google to seize or freeze advertising or sales revenues on the assumption that you have committed an unjust act against the intellectual property or assets of third parties, it is not legally possible without a court decision. For such a financial sanction to be possible, your unjust act must be determined and ruled by the Judicial Authorities, and the person who suffered the damage must apply to the judicial authorities to determine and compensate for the damage.

Therefore, freezing all your income due to complaints made by a person against your Admob accounts directly related to intellectual property infringement, unjust acts, or other reasons is not legally valid. You can assert your rights against Google in this regard.”

 

3. Can I file a lawsuit against Google in Turkey?

In our text, we provided some examples to explain this issue. In an example I saw on a foreign website, Google Bots suspend the application of a company listed on the Fortune 500 in the Play Store for three months, and during this period, the page, sales, and services are closed. (If we exemplify this situation through an e-commerce page, considering a daily turnover of 10,000,000 TL, the closure of such a page for 3 months would cause a loss of 900,000,000 TL, which would be unreasonable and incomprehensible for the company.)

At the end of this 3-month period, Google says, ‘Oops, we closed it by mistake,’ and reactivates the account. As explained in the example above, for the company that is the application developer, this leads to tangible and provable damages such as loss of commercial reputation, market share contraction, staining of the brand, and irreparable losses in commercial terms.

In this regard, due to the concrete and provable damages caused by Google, you can legally claim your damages and, as with Turkish companies, you can present your requests in Turkish courts, and rest assured that a decision in your favor will be issued as much as you trust your claims.

Another important point is that in recent years, due to the Turkish government’s concern about global companies not paying taxes and not being held accountable, the Turkish Republic Government, by exercising sovereignty rights, allows those whose rights are violated to seek their claims on a legal basis for the prosecution and accountability of global companies.

Attorney M. Talha Arslan