Foursquare Movement SDK (Self-Service) End User License Agreement

Last Updated: February 29, 2024

If you have already entered into an enterprise agreement for access to one or more of our Products below, for so long as such agreement remains active, it will govern your use of the applicable Product(s) and, unless otherwise stated in such agreement, the terms below will not apply to you.

This Foursquare Movement SDK (Self-Service) End User License Agreement (the “Movement SDK EULA”) applies solely to Foursquare’s self-service geolocation software developer toolkit that embeds background and foreground location awareness into mobile applications for iOS and Android devices (currently known as Movement SDK, the “SDK”), which Foursquare makes available on a pay-as-you-go basis to users via the Foursquare Developer Portal currently located at foursquare.com/developers/login. Capitalized Terms used but not defined in this Movement SDK EULA have the meanings set forth in the Foursquare Developer Master Terms of Service (the “Master Terms”).

1 – License Grant

Provided Foursquare has authorized SDK access for your Account, and subject to your full compliance with the Agreement, including the requirements and restrictions set forth in the Master Terms, during the Term, Foursquare grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, without rights to create any derivative works, to:

1.1 – integrate the SDK (in object code form only) into Foursquare-approved mobile application(s) owned or controlled by you (“Your App”); and

1.2 – internally use the data obtained from Foursquare via use of the SDK (as described at https://foursquare-dev-wpvip.md-staging.com/developer/docs/movement-sdk-data-usage, as may be updated) (“SDK Data”) (i) to provide customized engagement features, products and/or content (including marketing/advertising content) to the end users of Your App (“End Users”) and (ii) to conduct internal analytics regarding End Users’ use of Your App.

You may not use the SDK Data pursuant to this license for any other purpose without Foursquare’s prior written consent.

2 – Movement SDK Requirements & Restrictions

2.1 – You will not reverse engineer, decompile, modify, adapt or create derivative works of the SDK. In addition, you will not: (a) sell or redistribute the SDK (except as incorporated into Your App); (b) share your Access Credentials with any third party; (c) circumvent any SDK security measures or usage restrictions specified in the Developer Documentation; (d) use any SDK Data to develop or improve for retention after the Term, any POI or venue dataset, algorithm, or machine learning operation(s); (e) submit to Foursquare any data from end users located in any territory subject to U.S. export controls or sanctions; (f) use the SDK for the purpose of offering attribution services or analytics products to third parties; or (g) use the SDK in violation of the Acceptable Use Policy found at https://foursquare-dev-wpvip.md-staging.com/legal/terms/places-api/aup/.

2.2 – You will use commercially reasonable efforts to ensure that Your App maintains 100% compatibility with the SDK (including updates, which shall be implemented in Your App promptly thereafter). Additionally, you will not design or permit Your App to block, disable, override or otherwise interfere with the operation of the SDK. If Your App uses or implements an outdated version of the SDK, you acknowledge that Your App may not be able to communicate with or provide End User Data to Foursquare. Foursquare may cease support of old versions or releases of the SDK in its sole discretion and reserves the right to update the SDK specifications or Developer Documentation. Without limiting Foursquare’s other rights and remedies, if you breach this Agreement, Foursquare may throttle or suspend your use of the SDK.

3 – Foursquare Use of End User Data

Our Global Data Processing Addendum (“DPA”) governs the processing of any Personal Data (as defined in the DPA) contained in End User Data collected by the SDK from devices of end users of Your App.

4 – Compliance

You must comply with applicable Privacy Laws (as defined in the DPA) in relation to all Personal Data disclosed to Foursquare or otherwise processed by Foursquare on your behalf in connection with the SDK. You acknowledge and agree that, in connection with your use of the SDK, you are solely responsible for complying with Privacy Laws and other applicable laws, including without limitation (i) ensuring the accuracy, quality and legality of Personal Data, and (ii) providing any notices and obtaining any consents necessary to enable Foursquare to process Personal Data pursuant to this Movement SDK EULA and the DPA. You must ensure that the instructions you provide to Foursquare in relation to the processing of Personal Data do not (i) violate Privacy Laws or any other applicable laws, or (ii) put Foursquare in breach of its obligations under applicable law. You acknowledge and agree that your use of the SDK will not violate the rights of any Data Subject (as defined in the DPA).

5 – Intellectual Property

As between the parties: (a) you own all right, title and interest in Your App, including any future developments and enhancements, as well as the End User Data, and (b) Foursquare owns all right, title and interest in its products and services, including the SDK and SDK Data, and any future developments and enhancements. Nothing in this Agreement limits Foursquare’s rights in its products and services.

6 – Government Use

If you are part of an agency, department, or other entity of the United States Government (the “Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the SDK are restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The SDK is a ‘commercial item’ and a ‘commercial computer software’ together with ‘commercial computer software documentation.’ In accordance with such regulations, any use of the SDK by the Government shall be governed solely by the terms of this Agreement.

7 – Additional Terms

7.1 – If you are a resident of Crimea, so-called Donetsk People’s Republic (DNR) or Luhansk People’s Republic (LNR), Cuba, Iran, Syria, North Korea, or are otherwise subject to applicable U.S. export controls or sanctions, you may not use the SDK.

7.2 – If you need to make authenticated calls using an OAuth access token, please reference the Developer Documentation. In addition, in connection with any authentication for users of Your Service, you agree that you will not directly or indirectly transfer any data resulting therefrom, including user data of Foursquare user IDs, to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising or monetization related toolset, even if a user consents to such transfer or use.

7.3 – If you use the Places API in connection with the SDK, such usage and pricing will be governed by the Foursquare Places API (Self-Service) End User License Agreement.

7.4 – If you use the Personalization APIs in connection with the SDK, such usage and pricing will be governed by the Foursquare Personalization APIs (Self-Service) End User License Agreement.

7.5 – You must comply specifically with our Movement SDK Developer Documentation (which forms a part of the Developer Documentation) in connection with your use of the SDK.