software
Does this fall under the &quot;Commercial usage&quot; definition?
<p>I am working on a mobile application. It uses a third-party service (let's call it <em>XYZ</em>) which in its ToS has stated</p>

<blockquote>
  <p>Use the <em>XYZ</em> 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 <em>XYZ</em> users who
  are subscribed to the Premium Service (as defined in The <em>XYZ</em> Terms
  and Conditions of Use).</p>
</blockquote>

<p>My use case falls under the definition of <em>Streaming SDA</em></p>

<p>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. </p>

<p><strong>The locked features have nothing to do with the third party service</strong>, 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.</p>

<h2>Yes</h2>

<p>Commercial usage with respect to licensing is <em>extremely</em> broad - if you make money from it its commercial.</p>

<p>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.</p>
