(a) A developer is not liable for a violation of this chapter if the developer demonstrates all of the following: (1) The developer relied in good faith on applicable age category data received through an app store’s data sharing methods. (2) The developer relied in good faith on notification from an app store provider that verifiable parental consent was obtained. (3) The developer complied with the requirements of this chapter. (b) A developer is not liable for a violation of Section 8-19J-9(c)(1) if the developer: (i) uses widely adopted industry standards to determine the app’s age category and content description; and (ii) applies those standards consistently and in good faith. (c) Notwithstanding subsection (a), the safe harbor provision applies only to actions brought under this chapter and does not limit a developer or app store provider’s liability under any other applicable law. (d) An app store provider shall not be liable for a violation of this chapter if the app store provider generates an erroneous age category signal for a user as long as the app store provider demonstrates that the app store provider did all of the following: (1) Used a commercially reasonable age verification process. (2) Exercised due care in conducting the age verification process. (3) Made reasonable efforts to reconcile any discrepancies between a parent’s attestation of the minor’s age and other age data collected in the ordinary course of account creation or use.
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