Can apple replace my phone if its a software problem

What you should try is resetting your device to Factory Settings to see if the problem persists:

1. Create a backup to iTunes or iCloud before proceeding

2. Once the backup is done, go to Settings>General>Reset>Erase All Content & Settings

3. Set up the phone as new and do not restore from the backup

4. You can sign into iCloud, Messages, FaceTime, the iTunes & App Stores, etc.

5. Without any other apps or media on your device, let it run for a day to see if the battery issue continues

6. If it does, then you are pretty much out of luck

7. If the battery seems to be working properly, however, then it is likely corrupted data or media you had stored on the deivce

8. To test this, reset to Factory again, and when you set it up this time, restore it from the backup you made

9. See if the problem returns. If it doesn't, then you should be good to go. If it does, then you will have to restore to Factory once again, and then set up your device as New, and manually download or sync your media. Do this in small groups so that you can isolate the problem app or media

Best of luck,

GB

Unfortunately not

Not only is your phone out of warranty but you decreased your chances of an Apple repair by getting the phone serviced at a non authorized center