Personal analytics parallel to Unity analytics for commercial purposes

Hey everyone,

I’m working on an app in which users can buy products in a virtual store. I want to use heatmap data to see where users walk and look in a digital store to optimize the experience.

I want to sell the heatmap data to the stores that are featured in the app so we can optimize the store together to make the best out of it and cause a win-win-win situation (Win for us because of profits, win for customers because of experience and win for stores because of profits). The fact that the app uses in-app-purchases obligates us to use Unity Analytics which has some troubling restrictions.

In the Unity Analytics and IAP chapter of the terms of service are certain points stated:

1. Restrictions:
You agree not to, … (iv) adapt, reproduce, modify, copy or create a derivative work or works of any part of the Analytics and IAP Services
… (vii) access or use the Analytics and IAP Services or any of the Analytics and IAP Services Materials in order to develop any product or service using any ideas, features or functionality similar to the Analytics and IAP Services;

Specifically the derivative works, the usage of ideas and the functionality similar to the Analytics and IAP Services part is troubling because it’s easy to think that using a heatmap system is a similar idea.

Is completetly creating my own heatmap system considered a derivative work or similar idea? I will create the algorithms, databases and visualizations for the stores myself and do not intent to- and will not- use anything related to Unity Analytics to collect my data.

I hope someone can clarify this situation!

Kind regards,

Yorick

I’ve received an answer by the Unity Analytics support. Their lawyer said:
The use of the Unity IAP Service is not a precondition for using Unity Analytics. _
_Unfortunately, the use cases you are proposing would be violating our terms of service.

So we decided not to use unity analytics and in app purchases.