Can a company selectively allow violations of their Terms of Service?
<p><a href="https://venturebeat.com/2018/12/28/netflix-permanently-pulls-itunes-billing-for-new-users/" rel="nofollow noreferrer">https://venturebeat.com/2018/12/28/netflix-permanently-pulls-itunes-billing-for-new-users/</a></p>

<p>Unless iTunes shuts down the Netflix app they will be selectively permitting one of their vendors to blatantly violate their Terms of Service which explicitly states that anyone that attempts to circumvent Apple's ability to profit from subscription services within their store will have their apps removed. </p>

<p>I'm curious if there's any legal restriction on a company deciding selectively who they enforce their terms on and whom they don't. </p>

<p>I think the assumption that Netflix operates on the same terms as are offered to small-scale developers is highly questionable. Netflix are big enough that they have probably negotiated their own terms.</p>

<p>Notwithstanding, a party to a contract is free to allow (‘waive’ being the legal term) violations of that contract by the other party. These can be one off or enduring waivers and agreed before or after the breach either explicitly or, by inaction, implicitly.</p>

terms-of-service