Apps for smartphones are becoming ever more popular. We have received queries as to whether using Licensed Data in an App is permissible under the public sector Member Licences (PSMA and OSMA).
We recognise that you may wish to provide useful services, that support your Core Business, to the general public through such an App. For example, you may wish to make Licensed Data available via an App in accordance with public viewing terms.
Providing use of the App is for your Core Business and, to the extent the App is made available to third parties, is provided under one of paragraphs 4.2.1 to 4.2.8 of Appendix 1 of the Member Licence, the use of Licensed Data within an App is potentially permissible.
However, Core Business expressly excludes Commercial Activities and Competing Activities. Therefore, when developing an App, you should consider whether or not the App may potentially compete with Ordnance Survey, or with one of our licensed commercial partners who may be offering a similar service to users. If your App does so compete, it will be a Competing Activity, and you will not be licensed to include Licensed Data via such App under the PSMA Member Licence.
Note that if, following the launch of your App, we receive a complaint from one of our commercial partners, we may need to insist that your App is licensed under one of our commercial contracts.