Can my Dutch startup use a competitor’s API if their licence bans commercial use?

When you build a paid SaaS product (i also have personal experience), everything that goes into it becomes part of how you make money. That is why a licence that says “non-commercial use only” is not a minor technical note, but a very real legal boundary. If an API is embedded in a product your customers pay for, whether directly or indirectly, Dutch law will almost always see that as commercial use. In that situation, the licence simply does not fit. The fact that the API provider is also a competitor and refuses to discuss a paid licence does not change that. Under Dutch contract and IP law, a rights holder is generally free to decide if and how it licenses its technology, even if that choice has commercial consequences for others.

Moving forward anyway is therefore not a grey area. It means knowingly stepping outside the licence. In practice, that can lead to claims for breach of contract and, depending on what the API actually provides, possibly also copyright or database right infringement. These cases are usually enforced in a very practical way. First a demand to stop using the API, then a discussion about damages and legal costs. For a SaaS business, the bigger issue is often disruption. Having to remove or rebuild a key feature at short notice is rarely something you want. Keep in mind, you wil have to pay aditional damages (besides the normal commercial use).

We regularly see teams try to reduce this risk by calling the API “supporting”, by placing it behind a technical layer, or by arguing that the product is not really commercial because the API itself is not sold. Dutch courts tend to look straight through that. If the API adds value to a paid product, it will be treated as commercial use, regardless of how it is presented. That is why the real question is not whether you can take this risk, but whether it makes sense to do so. Relying on a competitor’s API, especially after they have already said no, creates a dependency that can surface at exactly the wrong moment. Think growth, a funding round, or when customers start to rely heavily on the feature.

The safer options are usually clear. Either you develop the functionality yourself and regain control, or you move to a provider whose licence is explicitly suitable for commercial SaaS use. Both routes reduce legal exposure and give you more certainty going forward. If you are weighing these choices and want a clear view of the legal and commercial risks, it helps to talk this through early. Feel free to contact one of our experienced corporate and IP lawyers. We are happy to look at your setup and help you choose a path that supports growth rather then slows it down.