Appendix A Understanding the Terms Of Service This appendix provides an overview of the main documents and topics concerning the terms of service (TOS) of the platforms I discussed in the previous chapters. It is very important that you know how to legally use the previously mentioned technologies and also legally profit from them. There are some documents that I invite you to read carefully and in their entirety and whose main points I will comment on in the next pages. The documents to be familiar with concerning the first part of the book, which is about developing web apps using Google Maps services, are: Google Maps/Google Earth APIs Terms of Service and their connected documents: https://developers.google.com/maps/terms. Google Maps FAQ: https://developers.google.com/maps/faq. In particular, consider the sections “Understanding the Terms of Service”, “Usage limits”, and “Advertising on your Map”. In addition to these documents, it important to be familiar with the End User TOS of Google Earth/Maps (http://www.google.com/intl/en-us/help/terms_maps.html), which every user of the software and its services must accept. These TOS and their connected documents can be reached from within the maps itself, since the link to them must be explicitly displayed in every Google Maps implementation (Figure A-1). 299 300 APPENDIX A: Understanding the Terms Of Service Link to End User TOS Figure A-1. How to reach the End User TOS from within the map itself If you use jQuery and jQuery Mobile, you also need to agree to the framework license here (http://jquery.org/license). For the second part of the book (hybrid apps) and the third (native apps), you need to read and accept the Xcode License Agreement (Xcode ° About Xcode ° License Agreement). If you want to be enrolled in the iOS Developer Program you first need to register as an Apple Developer and agree to the terms and conditions of the Registered Apple Developer Agreement (https://developer.apple.com/programs/terms/registered_apple_developer_20100301.pdf), then you need to read and agree to the iOS Developer Program License Agreement (https://developer.apple.com/membercenter/index.action#agreements). If you create hybrid apps, you also need to know and agree to the Google Maps API TOS and related documents. In the following sections I will illustrate the most important points from these documents, however I recommend you read them in their entirety. APPENDIX A: Understanding the Terms Of Service 301 TOS for Developing Web Apps with Google Maps API First, you need to know that the terms are composed of the Google Maps/Google Earth APIs Terms of Service (https://developers.google.com/maps/terms), The Legal Notices (http://www.google.com/intl/en-us/help/legalnotices_maps.html), and the Privacy Policy document (http://www.google.com/policies/privacy). You should read every one of these documents. The basic take-away from the Google Maps API TOS is that you can use the API in a web app as long as your Maps API implementation is free and publicly accessible (Section 9.1 of Maps/Google Earth APIs TOS); otherwise, you need to use the Google Maps API for Business. So, for example, you cannot make an API implementation accessible only to members of an intranet or to people who registered for a site with a fee. However, and this is of the greatest interest to us, if you develop a mobile app, this rule does not apply (Section 9.1.2). You can sell a Google Maps-based hybrid app in the Apple App Store. This last exception was added in 2011 (see http://googlegeodevelopers. blogspot.it/2011/04/updates-to-google-maps-apigoogle-earth.html) and was clearly meant to encourage the use of Google Maps API in mobile app development. If you want to make a web app accessible to both desktop computers and mobile devices by selling it in the App Store, you must keep the desktop version freely accessible. Among the requirements for using the Google Maps API, I would like to highlight the requirement to show the link on the map to the End User Terms (see Figure A-1) and to show the proper attribution to Google and other third-party content providers (trade names, trademarks, service marks, logos, domain names, and other distinctive brand features). You must be careful not to hide the information in the bottom part of the map (Figure A-2), otherwise this may result in a violation of the TOS. Attributions Figure A-2. You must not hide the attributions of Google and other content providers Another important point concerns a user’s privacy and geolocation privacy. As I mentioned throughout the book, before using user location data, you must get the user’s permission and your app must let the user revoke consent at any time. These are some of the main points to know, but I strongly recommend you to read the TOS in their entirety. I also suggest you consult the FAQs here: https://developers.google.com/maps/faq. The “Usage limits” section explains the limits of the free Google Maps API (as well as the Google Maps JavaScript API, which I talked about in this book). The current limit is fixed at 25,000 map 302 APPENDIX A: Understanding the Terms Of Service loads per day. If you are lucky enough to exceed this maximum, you need to enroll in automated billing of excess map loads in the Google APIs Console or purchase a Maps API for Business license. You can find more information in the FAQ. Note that there are also usage limits for geocoding if you intend to use this functionality. In addition to the FAQ, you can consult the Permission Guidelines which includes a tool (Permissions Tools) that asks you questions about the content you plan to use and then displays the usage requirements and guidelines (Figure A-3). I did not find the tool so useful because it offers a very limited number of scenarios, but you can try it out here: http://www.google.com/permissions/geoguidelines.html. Figure A-3. The Permission Tool helps you understand the usage requirements for your Google Maps implementation Advertising on the Maps When using the Google Maps API, be aware that Google reserves the right to include advertising in the maps images and in the Places search results. (See Google Maps/Google Earth APIs Terms of Service, Section 4.3). As of November 2012, the service does not include advertising on the map APPENDIX A: Understanding the Terms Of Service 303 images (perhaps they do not want to drive away users in this period of competition following the introduction of its rival Apple Maps). However, it is possible that in the near future advertising on map tiles will become effective. If you do not want advertising on the maps (if and when such a practice should become effective), you can contact the Google Maps API for Business sales team to obtain a Google enterprise license, which will allow you to avoid advertising. In addition to advertising by Google, you can also monetize your maps through your AdSense account (if you own one). The Google Maps JavaScript API offers an AdSense Library, allowing you to put advertising on your Google maps, either in a web app or in a hybrid app. The section of the official documentation dedicated to the AdSense library is available here: https://developers.google.com/maps/documentation/javascript/advertising As you can see, the library is very simple to use and you can display advertising in many different formats (see Figure A-4). Figure A-4. Some ads displayed through the AdSense library. With this tool you can get a preview of different types of ad formats: https://google-developers.appspot.com/maps/documentation/javascript/examples/ads-adunit 304 APPENDIX A: Understanding the Terms Of Service If you decide to release an app for free on the App Store and you still want to generate revenue, you could simply implement advertising on the map through the AdSense library. TOS for Developing Hybrid and Native Apps with Xcode Before you begin developing hybrid or native apps, you must agree to the Xcode License Agreement (Xcode ° About Xcode ° License Agreement). Within that agreement, which you should read in its entirety, Section 2 (Permitted License Uses and Restrictions), subsection F Location Services, states, “Subject to these terms and conditions, you may only use such Location APIs and services to enable applications you develop (“Applications”) to access location data (for example, the real-time geographic location of a user’s computer) from users who consent to such access.” As I mentioned earlier in the book, it is necessary ask the user for location permission: By default, iOS asks the user for permission when a geolocation function is triggered. Whether you use the W3C Geolocation API or the Core Location library, you must be careful not to bypass or alter this default behavior. If you want to be enrolled in the iOS Developer Program, you need to register as an Apple developer and agree to the terms here: https://developer.apple.com/programs/terms/registered_ apple_developer_20100301.pdf. Then, you must agree to the iOS Developer Program License Agreement: https://developer.apple.com/membercenter/index.action#agreements (You need to be enrolled to view the documents.) In the last document you can find many references to how you can use location services and Apple Maps. At the beginning of the document, in Section 1.2 Definitions, the Apple Maps service itself is defined as “the mapping platform and Map Data provided by Apple via the MapKit API for iOS version 6 or later and for use by You only in connection with Your Applications”.