Your rights when apps, games or smart devices stop working

Key rules

• First remedy: Ask for a free fix first; a price reduction or ending the contract comes if the fix fails or the fault is serious.
• Minor one-off fault: You cannot end the contract for a minor fault in a one-off purchase, but you can ask for a price reduction.
• Refund: After you end the contract, the trader must refund you within 14 days.
• Smart devices: Software faults and missing updates in phones, smart TVs and smartwatches count as faults covered by the guarantee.
• Updates you ignore: The trader is not liable for problems caused by an update you were told about and did not install.

What you can claim

If digital content or a digital service does not work as promised, you can first ask the trader to fix it free of charge. The trader must do it within a reasonable time and without major inconvenience to you. These rules come from a 2022 change to Spanish consumer law, which also covers smart devices.

If the fix is impossible, disproportionate or late, or the fault is serious, you can ask for a proportionate price reduction or end the contract. The decision below helps you choose between the options.

Minor faults in a one-off purchase

If you bought something once, such as a game download, and the fault is minor, you cannot end the contract. You can still ask for a price reduction.

How long the trader is liable

• Subscriptions and ongoing services: the trader is liable for faults during the whole time the service is supplied.
• One-off purchases (or a series of one-off supplies): liability lasts two years from delivery.

The burden of proof helps you. For a one-off purchase, the trader must prove there was no fault for one year after supply. For an ongoing service, the trader must prove it for the whole supply period.

If you end the contract

The trader must refund the price within 14 days. It must also stop using your content and give it back if you ask.

Smart devices

Phones, smart TVs, smartwatches and connected appliances count as goods with digital elements. That means goods that cannot do their job without built-in or connected software. A software fault, or a missing update the device needs, counts as a lack of conformity (falta de conformidad). The seller is liable for it during the guarantee period. This is three years for new goods. For second-hand goods, it can be agreed at no less than one year. If the software is supplied continuously and that period is longer, liability covers it.

These rules apply when you buy from a business. They do not cover sales between private individuals. Software pre-installed but not needed for the device to work may fall under the digital content rules instead.

Updates

The trader must supply the updates you need to keep things working, including security updates.

• One-off digital content or services: for as long as you can reasonably expect, given the type and purpose.
• Ongoing services: throughout the supply period.
• Smart devices bought in one act: for as long as you can reasonably expect, and at least the 3-year guarantee.
• Smart devices with continuous supply: throughout the supply period, and at least two years, or longer if the contract is longer.

If the trader tells you about an update and you do not install it, the trader is not liable for faults that result.

What to do

1. Tell the trader in writing what is wrong and which remedy you want. Keep the message.
2. Keep proof of purchase and screenshots of the fault.
3. If the trader does not respond, contact your town hall's consumer office.

The timeline and FAQ below give the steps and common questions.

Choosing between options

Which remedy should you ask for when digital content or a service does not work?

• Free fix: Always start here: the trader must bring it into conformity free of charge, in a reasonable time and without major inconvenience.

• Price reduction: Fits if the fix is impossible, disproportionate or late, or if the fault is minor in a one-off supply, where ending the contract is not possible.

• End the contract and get a refund: Fits if the fix is impossible, disproportionate or late, or the fault is serious. The refund comes within 14 days.

Ask for the free fix first. Move to a price reduction or ending the contract only when the fix fails or the fault is serious; for a minor fault in a one-off supply, only the price reduction is open.

Timeline and deadlines

• Ask the trader to bring the app, game or service into conformity free of charge: as soon as you notice the fault

• The trader must fix it within a reasonable time and without major inconvenience to you: after your request

• Ask for a price reduction or end the contract if the fix is impossible, too costly, late or the fault is serious: if the fix fails

• Receive your refund after ending the contract: within 14 days

• The trader must prove there was no fault in a one-off supply: for 1 year after supply

• The trader is liable for faults in a one-off supply: for 2 years from delivery

• Updates for goods with digital elements bought in one act: for at least the 3-year legal guarantee

Frequently asked questions

Can I get my money back if an app or game stays faulty?

Yes, you can end the contract and get a refund if the fault is serious or the trader cannot fix it in a reasonable time.

What if a fault is minor and I bought the content once?

For a minor fault in a one-off purchase you cannot end the contract, but you can still ask for a proportionate price reduction. The trader must first try to fix it free of charge.

Does my smart TV or smartwatch count if the software fails?

Yes, smartphones, smart TVs, smartwatches and connected appliances count as goods with digital elements, so a software fault is a lack of conformity (falta de conformidad). A missing update that the device needs counts too, and you claim from the seller.

What if I ignore an update the trader offered?

If you were told about an update and did not install it, the trader is not liable for the fault that results from that. Install the updates you are offered, including security ones, to keep your rights intact.