Foursquare Insights End User License Agreement

Last Updated: April 29, 2024

This Foursquare Insights End User License Agreement (the “Insights EULA”) applies to the Foursquare Insights service, including all data therefrom (e.g., point of interest data, movement data, demographic data, trends, etc.), results, analyses, reports, insights, outputs, dashboard, user interface (“Insights UI”), software and/or documentation provided, and the associated Access Credentials (as defined below)(all of the foregoing, collectively, “Insights”), which Foursquare makes available to users via the Insights UI currently located at http://insights.foursquare.com/. This Insights EULA is subject to the terms of the Foursquare Enterprise Customer Master Terms (the “Master Terms”) and the applicable Supplement for Insights entered into between Company and Foursquare. Capitalized Terms used but not defined in this Insights EULA have the meanings set forth in the Master Terms. In the event of any conflict between this Insights EULA and the Master Terms, the terms of this Insights EULA shall prevail. In the event of any conflict between this Insights EULA and the applicable Insights Supplement, the Supplement shall prevail.

Each end user (“you” and “your”) accessing Insights on behalf of the organization that is the subscriber to Insights (“Company”) must also accept and adhere to the terms of this Insights EULA as a condition of such access. You may not access or use Insights if you do not agree to these terms or cannot legally form a binding contract, or to the extent you are barred from such access or use under applicable law.

ARBITRATION NOTICE: YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND FOURSQUARE WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION PERTAINING TO THE SUBJECT MATTER HEREOF.

1 – License Grant

Subject to your and Company’s full compliance with the Master Terms, this Insights EULA and any applicable Supplement(s), during the Term, Foursquare grants you and Company a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, without rights to create any derivative works, to access and to use Insights solely on behalf of Company solely on an internal basis for Company’s business purposes and not for the benefit of  you or any other party(ies). For the avoidance of doubt, if you (or your employer) are a service provider for Company and Company has assigned to you one of its available subscription seats to access and use Insights, you are permitted to access and use Insights pursuant to such an arrangement solely in connection with work you are doing on behalf of Company. For example, if you are an employee of an advertising agency accessing Insights via an agency client’s Insights account, then all Insights you access via such client’s account may only be used for the benefit of that particular client and may not be shared with or used to benefit your agency or any other agency client. You and Company may not use Insights for any other purpose without Foursquare’s prior written consent.

2 – Insights Requirements & Restrictions

In addition to the requirements and restrictions set forth in the Master Terms, you and Company must also comply with the following in connection with your and Company’s use of Insights:

2.1 – Access Credentials. Notwithstanding anything to the contrary in the Master Agreement, in order to access the Insights UI, you must first receive an invitation link via email from your Company’s Insights account administrator to create a new Insights account login using your Company-domain email address as your username (for purposes of the Insights UI, “Access Credentials”), which will automatically link your user account with Company’s account. If you are a user without a Company-domain email address (e.g., an outside service provider for Company), Company’s account administrator may request access for you, which will be reviewed and accepted at Foursquare’s sole discretion on a case-by-case basis. You and Company are responsible for all use of the Insights UI tied to your user account, so please be sure to appropriately safeguard your account login information and do not share such information with any other party.

2.2 – Visual Crediting. To the extent you are a service provider accessing Insights via Company’s Insights account, you must not remove any Foursquare-branded attribution (i.e., ‘Powered by Foursquare’) on any Insights reports that you may generate for Company. You should review our Visual Crediting Policy to ensure that you are providing appropriate credit to Foursquare when creating Insights on behalf of your Company client such that Company would reasonably conclude that Foursquare is the source of such content.

2.3 – Confidentiality. You and Company shall ensure that all Insights remain confidential. Neither you nor Company may share Insights or any recreation of the Insights data, including any screenshot or as part of any external-facing report or other document, outside of Company, with Company’s customers or, if you are a service provider for Company, with any client other than Company. You and Company will remain jointly and severally liable for any misuse by you of Insights.

3 – Additional Terms

3.1 – As between the parties, Foursquare owns all right, title and interest in and to any and all Insights and any future developments and enhancements thereto.

3.1 – From time to time, Foursquare may offer you and Company early “beta” access to and use of certain tools, reports and/or other features within Insights (“Beta Materials”) for the purpose of product testing and feedback. You and Company are under no obligation to participate in the testing of such Beta Materials and understand that such Beta Materials are offered on a strictly “as is” and “as available” basis without warranty of any kind, whether express, implied, statutory, or otherwise. Additionally, you understand that the Beta Materials are made available solely for evaluative purposes and should not be relied on for any other purpose.

3.2 – If you or Company are also a user of Foursquare Studio, such use of Foursquare Studio is separately governed by the Foursquare Studio Terms of Service.