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I am working on a mobile application. It uses a third-party service (let's call it XYZ) which in its ToS has stated

Use the XYZ Platform to develop and distribute non-commercial Streaming SDAs that comply with the Branding Guidelines (i) for private personal use (ii) on Approved Devices (iii) by XYZ users who are subscribed to the Premium Service (as defined in The XYZ Terms and Conditions of Use).

My use case falls under the definition of Streaming SDA

Now, my application will be free to download and use the features that said service offers, without any restrictions whatsoever, but I want to include the in-app purchase which unlocks some other features in my app, mostly related to the interface and some minor features.

The locked features have nothing to do with the third party service, so if I understand correctly I do not profit from using the service in my app. The in-app purchase is entirely optional for users, they are not forced to buy it in any way and the free version of the app is perfectly usable.

  • Under whose laws? – ohwilleke Nov 6 '19 at 2:48
  • You mean country or company? – Adam Nov 6 '19 at 7:38
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Yes

Commercial usage with respect to licensing is extremely broad - if you make money from it its commercial.

It doesn’t matter if you make money directly, as in your usage case, or indirectly. For example, if you split your product and the paid version did not use the licences code at all, you still can’t advertise the paid version in the free version - advertising is commercial.

  • Well, that sucks – Adam Oct 7 '19 at 9:23

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