Use API in an iPhone app that is not free?

[Lepton]

The BrightKite API terms of use says "The Brightkite APIs may be used
only for services that are generally accessible to consumers without
charge. " It also says "We are committed to free and open access to
the Brightkite APIs for commercial and non-commercial purposes."

Can the API be used in an iPhone app which is not free?

I would love to use the API in my Myallo HotList app to report the
user's location to BrightKite, get the location of the user's friends
who are on BrightKite, and see what other BrightKite users have
checked in near the user's location. See http://myallo.com/hotlist for
details on my app.

[Martin May]

We're about to change the TOS for our API to accomodate this kind of
use. I say go for it.