{"service":{"name":"Spotify","url":"https://www.spotify.com/ie/legal/end-user-agreement/","lang":"ENG","sector":"Music","hq":"Sweden","hq_category":"EU","is_public":"Public","is_paid":"Optionally paid","date":""},"document":{"title":"","text":"Legal \nTerms and Conditions of Use\n\nCopyright Policy\n\nPrivacy Policy\nUser Guidelines\n\nPremium Offer Terms\nSpotify Terms of Use\n1. Introduction\n2. The Spotify Service Provided by Us.\n3. Your Use of the Spotify Service\n4. Content and Intellectual Property Rights\n5. Customer Support, Information, Questions and Complaints\n6. Problems and Disputes\n7. About these Terms\n1. Introduction\nPlease read these Terms of Use (these \"Terms\") carefully as they govern your use of (which\nincludes access to) Spotify's personalized services for streaming music and other content,\nincluding all of our websites and software applications that incorporate or link to these Terms\n(collectively, the \"Spotify Service\") and any music, videos, podcasts, or other material that is\nmade available through the Spotify Service (the \"Content\").\nUse of the Spotify Service may be subject to additional terms and conditions presented by\nSpotify, which are hereby incorporated by this reference into these Terms.\nBy signing up for, or otherwise using, the Spotify Service, you agree to these Terms. If you do\nnot agree to these Terms, then you must not use the Spotify Service or access any Content.\nService Provider\nThese Terms are between you and Spotify AB, Regeringsgatan 19, 111 53, Stockholm, Sweden.\nAge and eligibility requirements\nIn order to use the Spotify Service and access any Content, you need to (1) be 13 years of age\n(or the equivalent minimum age in your home country) or older, (2) have parent or guardian\nconsent if you are a minor in your home country; (3) have the power to enter a binding contract\nwith us and not be barred from doing so under any applicable laws, and (4) reside in a country\nwhere the Service is available. You also promise that any registration information that youfy\n\nsubmit to Spotify is true, accurate, and complete, and you agree to keep it that way at all times\nIf you are a minor in your home country, your parent or guardian will need to enter into these\nTerms on your behalf. You can find additional information regarding minimum age requirements\nin the registration process. If you do not meet the minimum age requirements then Spotify will\nbe unable to register you as a user.\n2. The Spotify Service Provided by Us.\nSpotify Service Options\nWe provide numerous Spotify Service options. Certain Spotify Service options are provided\nfree-of-charge, while other options require payment before they can be accessed (the \"Paid\nSubscriptions\"). We may also offer special promotional plans, memberships, or services,\nincluding offerings of third-party products and services. We are not responsible for the\nproducts and services provided by such third parties.\nThe Unlimited Service may not be available to all users. We will explain which services are\navailable to you when you are signing up for the services. If you cancel your subscription to the\nUnlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if\nyou change your payment details), you may not be able to re-subscribe for the Unlimited\nService. Note that the Unlimited Service may be discontinued in the future, in which case you\nwill no longer be charged for the Service.\nTrials\nFrom time to time, we or others on our behalf may offer trials of Paid Subscriptions for a\nspecified period without payment or at a reduced rate (a \"Trial\"). By using a Spotify Service via a\nTrial, you agree to the Spotify Premium Promotional Offer Terms.\nThird-Party Applications, Devices and Open Source Software\nThe Spotify Service may be integrated with, or may otherwise interact with, third-party\napplications, websites, and services (\"Third-Party Applications\") and third-party personal\ncomputers, mobile handsets, tablets, wearable devices, speakers, and other devices\n(\"Devices\"). Your use of such Third-Party Applications and Devices may be subject to additional\nterms, conditions and policies provided to you by the applicable third party. Spotify does not\nguarantee that Third-Party Applications and Devices will be compatible with the Spotify\nService.\nService Limitations and Modifications\nWe use reasonable care and skill to keep the Spotify Service operational and to provide you\nwith a personalized, immersive audio experience. However, our service offerings and their\navailability may change from time to time and subject to applicable laws, without liability to\nyou; for example:\nThe Spotify Services may experience temporary interruptions due to technical\ndifficulties, maintenance or testing, or updates, including those required to reflect\nchanges in relevant laws and regulatory requirements.fy\n\nWe aim to evolve and improve our Services constantly, and we may modify, suspend, or\nstop (permanently or temporarily) providing all of part of the Spotify Service (including\nparticular functions, features, subscription plans and promotional offerings).\nSpotify has no obligation to provide any specific content through the Spotify Service,\nand Spotify or the applicable owners may remove particular songs, videos, podcasts,\nand other Content without notice.\nIf you have prepaid fees directly to Spotify for a Paid Subscription that Spotify discontinues\nprior to the end of your Pre-Paid Period (as that term is defined in the Payments and\ncancellations section below), Spotify will refund you the prepaid fees for the Pre-Paid Period for\nany unused part of your then current Paid Subscription after such discontinuation. Your account\nand billing information must be up to date in order for us to refund you.\nSpotify has no liability to you, nor any obligation to provide a refund to you, in connection with\ninternet or other service outages or failures that are caused by the actions of government\nauthorities, other third parties or events beyond our control.\n3. Your Use of the Spotify Service\nCreating a Spotify account\nYou may need to create a Spotify account to use all or part of the Spotify Service. Your\nusername and password are for your personal use only and should be kept confidential. You\nunderstand that you are responsible for all use (including any unauthorized use) of your\nusername and password. Notify our Customer Service team immediately if your username or\npassword is lost or stolen, or if you believe there has been unauthorized access to your account.\nSpotify may reclaim, or require you to change, your username for any reason.\nYour rights to use the Spotify Service\nAccess to the Spotify Services\nSubject to your compliance with these Terms (including any other applicable terms and\nconditions), we grant to you limited, non-exclusive, revocable permission to make personal,\nnon-commercial use of the Spotify Service and the Content (collectively, \"Access\"). This Access\nshall remain in effect unless and until terminated by you or Spotify. You agree that you will not\nredistribute or transfer the Spotify Service or the Content.\nThe Spotify software applications and the Content are licensed, not sold or transferred to you,\nand Spotify and its licensors retain ownership of all copies of the Spotify software applications\nand Content even after installation on your Devices.\nSpotify's Proprietary Rights\nThe Spotify Service and the Content are the property of Spotify or Spotify's licensors. All\nSpotify trademarks, service marks, trade names, logos, domain names, and any other features of\nthe Spotify brand (\"Spotify Brand Features\") are the sole property of Spotify or its licensors.fy\n\nThese Terms do not grant you any rights to use any Spotify Brand Features whether for\ncommercial or non-commercial use.\nYou agree to abide by the Spotify User Guidelines and not to use the Spotify Service, the\nContent, or any part thereof in any manner not expressly permitted by these Terms.\nPayments and cancellation\nBilling\nYou may purchase a Paid Subscription directly from Spotify or through a third party either by:\npaying a subscription fee in advance on a monthly basis or some other recurring\ninterval disclosed to you prior to your purchase; or\npre-payment giving you access to the Spotify Service for a specific time period (\"Pre-\nPaid Period\").\nTax rates are calculated based on the information you provide and the applicable rate at the\ntime of your monthly charge.\nIf you purchase access to a Paid Subscription through a third party, separate terms and\nconditions with such third party may apply to your use of the Spotify Service in addition to\nthese Terms. If you purchase a Paid Subscription using a code, gift card, pre-paid offer, or other\noffer provided or sold by or on behalf of Spotify for access to a Paid Subscription (\"Codes\"), you\nhereby agree to the Spotify Card Terms.\nPrice and tax changes\nSpotify may from time to time change the price for the Paid Subscriptions, including recurring\nsubscription fees, the Pre-Paid Period (for periods not yet paid), or Codes (defined above), and\nwill communicate any price changes to you in advance on reasonable notice. Price changes will\ntake effect at the start of the next subscription period following the date of the price change.\nSubject to applicable law, by continuing to use the Spotify Service after the price change takes\neffect, you will have accepted the new price. If you do not agree to a price change, you can\nreject the change by unsubscribing from the applicable Paid Subscription prior to the price\nchange going into effect.\nTax rates are based on the rates applicable at the time of your monthly charge. These amounts\ncan change over time with local tax requirements in your country, state, territory or even city.\nAny change in Tax rate will be automatically applied based on the account information you\nprovide\nRenewal and Cancellation\nWith the exception of Paid Subscriptions for a Pre-Paid Period, your payment to Spotify or the\nthird party through which you purchased the Paid Subscription will automatically renew at the\nend of the applicable subscription period, unless you cancel your Paid Subscription before the\nend of the then-current subscription period. Contact our Customer Support team here forff\n\ninstructions on how to cancel. The cancellation will take effect the day after the last day of the\ncurrent subscription period, and you will be downgraded to the free version of the Spotify\nService. We do not provide refunds or credits for any partial subscription periods, except as\nexpressly stated in these Terms.\nIf you have purchased a Paid Subscription using a Code, your subscription will automatically\nterminate at the end of the period stated in the Code, or when there is an insufficient pre-paid\nbalance to pay for the Spotify Service.\nWithdrawal right\nIf you sign up for a Trial, you agree that the withdrawal right for the Paid Subscription for which\nyou are receiving a Trial ends fourteen (14) days after you start the Trial. If you don't cancel the\nPaid Subscription before the Trial ends, you lose your right of withdrawal and authorise Spotify\nto automatically charge you the agreed price each month until you cancel the Paid Subscription.\nFor trials less than fourteen (14) days, you expressly consent to us providing you with the paid\nservice immediately after the end of your Trial and that from that point you lose your right of\nwithdrawal.\nIf you purchase a Paid Subscription with no Trial, you agree you have fourteen (14) days after\nyour purchase to withdraw for any reason and must pay us for the services provided up until the\ntime you tell us that you have changed your mind. . You expressly consent to us providing you\nwith the service immediately following your purchase, that you lose your right of withdrawal,\nand authorise Spotify to charge you automatically each month until you cancel.\nUser Guidelines\nWe've established guidelines for using the Spotify Service, to make sure the Spotify Service\nstays enjoyable for everyone (\"Spotify User Guidelines\"). In using the Spotify Service, you must\ncomply with the Spotify User Guidelines, as well as all applicable laws, rules, and regulation,\nand respect the intellectual property, privacy, and other rights of third parties.\nBrand Accounts\nIf you establish a Spotify account on behalf of a company, organization, entity, or brand (a\n\"Brand,\" and such account a \"Brand Account\"), the terms \"you\" and \"your,\" as used throughout\nthese Terms (including other Spotify terms and conditions incorporated by reference herein),\napply to both you and the Brand.\nIf you create a Brand Account, you represent and warrant that you are authorized to grant all\npermissions and licenses provided in these Terms (including any other applicable Spotify terms\nand conditions) and to bind the Brand to these Terms.\nA Brand may follow users and create and share playlists, provided that the Brand does not take\nany action that implies an endorsement or commercial relationship between the Brand and the\nfollowed user, artist, songwriter, or any other person, unless the Brand has independently\nobtained the rights to imply such an endorsement. In addition, Brands must be transparent to\nour users about disclosing any endorsements or consideration provided to artists, songwriters,\n\nusers, or any other party and must comply with all applicable laws, regulations, and codes of\npractice when engaging in the foregoing practices.\nExport control and sanctions\nSpotify's products may be subject to U.S. export and re-export control laws and regulations or\nsimilar laws applicable in other jurisdictions, including the Export Administration Regulations\n(\"EAR\") maintained by the U.S. Department of Commerce, trade and economic sanctions\nmaintained by the Treasury Department's Office of Foreign Assets Control (\"OFAC\"), and the\nInternational Traffic in Arms Regulations (\"ITAR\") maintained by the Department of State. You\nwarrant that you are (1) not located in any country to which the United States has embargoed\ngoods or has otherwise applied any economic sanctions; and (2) not a denied party as specified\nin any applicable export or re-export laws or regulations or similar laws applicable in other\njurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.\nYou agree to comply with all applicable export and reexport control laws and regulations,\nincluding without limitation the EAR and trade and economic sanctions maintained by OFAC.\nSpecifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer,\ndivert, release, or otherwise dispose of any products, software, or technology (including\nproducts derived from or based on such technology) received from Spotify under these Terms\nto any destination, entity, or person or for any end-use prohibited by the EAR, trade and\neconomic sanctions maintained by OFAC, or any applicable laws or regulations of the United\nStates or any other jurisdiction without obtaining any required prior authorization from the\ncompetent government authorities as required by those laws and regulations.\n4. Content and Intellectual Property Rights\nUser content\nThe content you post on the service\nSpotify users may post, upload, or otherwise contribute content to the Spotify Service (\"User\nContent\"). For the avoidance of doubt, \"User Content\" includes all information, materials and\nother content that is added, created, uploaded, submitted, distributed, or posted to the Spotify\nService (including to the Spotify Support Community) by users.\nYou are solely responsible for all User Content that you post.\nYou promise that, with respect to any User Content you post on Spotify, (1) you own or have the\nright to post such User Content; (2) such User Content, or its use by Spotify pursuant to the\nlicense granted below, does not: (i) violate these Terms, applicable law, or the intellectual\nproperty or other rights of any third party; or (ii) such User Content does not imply any\naffiliation with or endorsement of you or your User Content by Spotify or any artist, band, label,\nor other individual or entity without the prior express written consent from Spotify or such\nindividual or entity.\nIn posting or sharing User Content or other information on the Spotify Service, please keep in\nmind that content and other information will be publicly accessible, and may be used and re-fy\n\nshared by others on the Spotify Service and across the web, so please use caution in posting or\nsharing on the Spotify Service, and be mindful of your account settings. Spotify is not\nresponsible for what you or others post or share on the Spotify Service.\nMonitoring user content\nSpotify may, but has no obligation to, monitor or review User Content. Spotify reserves the right\nto remove or disable access to any User Content for any or no reason. Spotify may take these\nactions without prior notification to you.\nLicenses that you grant us\nUser Content\nYou retain ownership of your User Content when you post it to the Service. However, in order\nfor us to make your User Content available on the Spotify Service, we do need a limited license\nfrom you to that User Content. Accordingly, you hereby grant to Spotify a non-exclusive,\ntransferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to\nreproduce, make available, perform and display, translate, modify, create derivative works from,\ndistribute, and otherwise use any such User Content through any medium, whether alone or in\ncombination with other Content or materials, in any manner and by any means, method or\ntechnology, whether now known or hereafter created, in connection with the Spotify Service.\nWhere applicable and to the extent permitted under applicable law, you also agree to waive,\nand not to enforce, any \"moral rights\" or equivalent rights, such as your right to be identified as\nthe author of any User Content, including Feedback, and your right to object to derogatory\ntreatment of such User Content.\nFeedback\nIf you provide ideas, suggestions, or other feedback in connection with your use of the Spotify\nService or any Content (\"Feedback\"), such Feedback is not confidential and may be used by\nSpotify without restriction and without payment to you. Feedback is considered a type of User\nContent under these Terms.\nYour Device.\nYou also grant to us the right (1) to allow the Spotify Service to use the processor, bandwidth,\nand storage hardware on your Device in order to facilitate the operation of the Spotify Service,\n(2) to provide advertising and other information to you, and to allow our business partners to do\nthe same, as permitted in accordance with the Spotify Privacy Policy.\nContent experience\nIn any part of the Spotify Service, the Content that you access, including its selection and\nplacement, may be influenced by commercial considerations, including Spotify's agreements\nwith third parties.fy\n\nSome Content licensed by, provided to, created by, or otherwise made available by Spotify\n(e.g., podcasts) may incorporate advertising, and Spotify is not responsible for any such\nadvertising.\nInfringement claims\nSpotify respects the rights of intellectual property owners. If you believe that any Content\ninfringes your copyright rights, please see the Spotify Copyright Policy.\n5. Customer Support, Information, Questions and\nComplaints\nSpotify Support Community\nThe Spotify Support Community is a place for discussions and exchange of information, tips,\nand other materials related to the Spotify Service. By using the Spotify Support Community, you\nagree to the Community Terms.\nCustomer Support, Information, Questions, Complaint\nFor customer support with account- and payment-related questions (\"Customer Support\nQueries\"), please use Customer Support resources listed on the About Us section of our\nwebsite.\nIf you have any questions concerning the Spotify Service or these Terms (including any\nadditional Spotify terms and conditions incorporated herein), please contact Spotify Customer\nService by visiting the About Us section of our website.\nIf you reside in the European Union, you can also file a complaint at the online platform for\nalternative dispute resolution (ODR-platform). You can find the ODR-platform through the\nfollowing link: https://ec.europa.eu/consumers/odr.\n6. Problems and Disputes\nSuspending and terminating the Spotify Services\nThese Terms will continue to apply to you until terminated by either you or Spotify. Spotify may\nterminate these Terms (including any additional terms and conditions incorporated herein) or\nsuspend your access to the Spotify Service at any time if we believe you have breached any of\nthese Terms, if we stop providing the Spotify Service or any material component thereof on\nreasonable notice to you, or as we believe necessary to comply with applicable law. If you or\nSpotify terminate these Terms, or if Spotify suspends your access to the Spotify Service, you\nagree that Spotify shall, subject to applicable laws, have no liability or responsibility to you, and\n(except as expressly provided in these Terms) Spotify will not refund any amounts that you have\nalready paid. You may terminate these Terms at any time, in which case you may not continue\naccessing or using the Spotify Service. To learn how to terminate your Spotify account, please\nuse the Customer Support resources on our About Us page.fy\n\nSections 4 (Content and Intellectual Property Rights), 3 (Your Use of the Spotify Service), 2 (The\nSpotify Service Provided by Us), 6 (Problems and Disputes), 7 (About These Terms) herein, as\nwell as any other sections of these Terms that, either explicitly or by their nature, must remain in\neffect even after termination of these Terms, shall survive termination.\nWarranty disclaimers\nSpotify will provide the Spotify Service using reasonable care and skill and in accordance with\nany specification of the Spotify Service provided by Spotify, however, subject to that, the\nSpotify Service is provided \"as is\" and \"as available,\" without any warranties of any kind,\nwhether express, implied, or statutory. Further, Spotify and all owners of the content disclaim\nany express, implied, and statutory warranties regarding the content, including warranties of\nsatisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.\nNeither Spotify nor any owner of content warrants that the Spotify Service or content is free\nof malware or other harmful components. In addition, Spotify makes no representation\nregarding, nor does it warrant or assume any responsibility for, any third-party applications (or\nthe content thereof), user content, devices or any product or service advertised, promoted or\noffered by a third party on or through the Spotify Service or any hyperlinked website, and\nSpotify is not responsible for any transactions between you and any third-party providers of\nthe foregoing. No advice or information whether oral or in writing obtained by you from\nSpotify shall create any warranty on behalf of Spotify. While using the Spotify Service, you\nmay have access to explicit content filtering features, but use of these features may still result\nin some explicit content being served and you should not rely on such features to filter all\nexplicit content. This section applies to the fullest extent permitted by applicable law.\nSome jurisdictions do not allow the exclusion of implied warranties or limitations on applicable\nstatutory rights of a consumer, so the exclusion and limitations in this section may not apply to\nyou and nothing will affect your statutory rights.\nLimitation of Liability and Time for Filing a Claim\nSubject to applicable law, you agree that your sole and exclusive remedy for any problems or\ndissatisfaction with the Spotify Service is to uninstall any Spotify software and to stop using\nthe Spotify Service. You agree that Spotify has no obligation or liability arising from or related\nto third-party applications or the content thereof made available through or in connection\nwith the Spotify Service, and while your relationship with such third-party applications may\nbe governed by separate agreements with such third parties, your sole and exclusive remedy,\nas with respect to Spotify, for any problems or dissatisfaction with any third-party\napplications or the content thereof, is to uninstall or stop using such third-party applications.\nIn no event will Spotify, its officers, shareholders, employees, agents, directors, subsidiaries,\naffiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special,\nincidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business,\nor profits (whether direct or indirect), in all cases arising out of the use of or inability to use the\nSpotify Service, devices, third-party applications, or third-party application content; or (3)\naggregate liability for all claims relating to the Spotify Service, third-party applications, or\n\nthird-party application content more than the greater of (a) the amounts paid by you to\nSpotify during the twelve months prior to the first claim; or (b) $30.00. Any liability we do\nhave for losses you suffer is strictly limited to losses that were reasonably foreseeable.\nFor clarification, these terms do not limit Spotify's liability for fraud, fraudulent\nmisrepresentation, death or personal injury to the extent that applicable law would prohibit\nsuch a limitation and for any other liability that, by applicable law, may not be limited or\nexcluded.\nExcept where such restriction is prohibited under applicable law, any claim arising under\nthese terms must be commenced (by filing a demand for arbitration or filing an individual\naction under the arbitration agreement below) within one (1) year after the date the party\nasserting the claim first knows or reasonably should know of the act, omission, or default\ngiving rise to the claim; and there shall be no right to any remedy for any claim not asserted\nwithin that time period.\nThird Party Rights\nYou acknowledge and agree that the owners of the Content and certain distributors (such as\napp store providers) are intended beneficiaries of these Terms and have the right to enforce\nthese Terms directly against you. Other than as set out in this section, these Terms are not\nintended to grant rights to anyone except you and Spotify, and in no event shall these Terms\ncreate any third-party beneficiary rights.\nIf you have downloaded any of our mobile software applications (each, an \"App\") from the\nApple Inc. (\"Apple\") App Store or if you are using the App on an iOS device, you acknowledge\nthat you have read, understood, and agree to the following notice regarding Apple. These Terms\nare between you and Spotify only, not with Apple, and Apple is not responsible for the Spotify\nService and the content thereof. Apple has no obligation whatsoever to furnish any\nmaintenance and support services with respect to the Spotify Service. In the event of any failure\nof the Spotify Service to conform to any applicable warranty, you may notify Apple and Apple\nwill refund the applicable purchase price for the App to you; and, to the maximum extent\npermitted by applicable law, Apple has no other warranty obligation whatsoever with respect to\nthe Spotify Service. Apple is not responsible for addressing any claims by you or any third party\nrelating to the Spotify Service or your possession or use of the Spotify Service, including: (1)\nproduct liability claims; (2) any claim that the Spotify Service fails to conform to any applicable\nlegal or regulatory requirement; (3) claims arising under consumer protection or similar\nlegislation; and (4) claims with respect to intellectual property infringement. Apple is not\nresponsible for the investigation, defense, settlement, and discharge of any third-party claim\nthat the Spotify Service or your possession and use of the App infringe that third party's\nintellectual property rights. You agree to comply with any applicable third-party terms, when\nusing the Spotify Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these\nTerms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed\nto have accepted the right) to enforce these Terms against you as a third-party beneficiary of\nthese Terms.fi\n\nIndemnification\nYou agree to indemnify and hold Spotify harmless from and against any reasonably foreseeable\ndirect losses, damages, and reasonable expenses (including reasonable attorney fees and costs)\nsuffered or incurred by Spotify arising out of or related to: (1) your breach of any of these Terms\n(including any additional Spotify terms and conditions incorporated herein); (2) any User\nContent you post or otherwise contribute; (3) any activity in which you engage on or through\nthe Spotify Service; and (4) your violation of any law or the rights of a third party.\nGoverning Law, Mandatory Arbitration and Venue\n6.1 Governing Law / Jurisdiction\nUnless otherwise required by mandatory laws in your country of residence, the Agreements\n(and any non-contractual disputes/claims arising out of or in connection with them) are subject\nto the laws of the state or country listed below, without regard to choice or conflicts of law\nprinciples.\nFurther, you and Spotify agree to the jurisdiction of the courts listed below to resolve any\ndispute, claim, or controversy that arises in connection with the Agreements (and any non-\ncontractual disputes/claims arising out of or in connection with them), except where under\napplicable mandatory laws, you can choose to bring legal proceedings in your country of\nresidence, or we are required to only bring legal proceedings in your country of residence\nCountry or region\nChoice of Law\nJurisdiction\nAll other countries and\nregions in which Spotify is\navailable.\nSweden\nExclusive; Courts of Sweden\nBulgaria, Cyprus, Estonia,\nFrance, Hong Kong, Latvia,\nLithuania, Luxembourg,\nMalta, Monaco, Norway,\nPhilippines, Portugal,\nSlovakia, Spain, Turkey\nLaws of Sweden\nNon-exclusive; Courts of Sweden\nBrazil\nLaws of Brazil\nExclusive; State and Federal\nCourts of São Paulo, State of São\nPaulo, Brazil\n\nCountry or region\nChoice of Law\nJurisdiction\nCanada\nNot applicable to\nresidents of Quebec:\nLaws of the Province of\nOntarioResidents of\nQuebec: Laws of the\nProvince of Quebec,\nCanada\nNot applicable to residents of\nQuebec: Exclusive other than for\nthe purpose of enforcing\njudgements; Courts of Ontario,\nCanadaResidents of Quebec:\nCourts of Quebec, Canada\nArgentina, Bolivia, Chile,\nColombia, Costa Rica,\nDominican Republic,\nEcuador, El Salvador,\nGuatemala, Honduras,\nNicaragua, Panama,\nParaguay, Peru, Uruguay\nState of California,\nUnited States\nExclusive; State and Federal\nCourts of San Francisco County,\nCA or New York, NY\nUnited Kingdom\nLaws of England and\nWales\nExclusive\n6.2 CLASS ACTION WAIVER\nWHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND SPOTIFY AGREE THAT EACH\nMAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY\nAND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR\nREPRESENTATIVE ACTION. Unless both you and Spotify agree, no arbitrator or judge may\nconsolidate more than one person's claims or otherwise preside over any form of a\nrepresentative or class proceeding.\n6.3 ARBITRATION\nIf you are located in, are based in, have offices in, or do business in a jurisdiction in which this\nSection 6.3. is enforceable, the following mandatory arbitration provisions apply to you:\n6.3.1 Dispute resolution and arbitration\nYou and Spotify agree that any dispute, claim, or controversy between you and Spotify arising in\nconnection with or relating in any way to these Agreements or to your relationship with Spotify\nas a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or\nany other legal theory, and whether the claims arise during or after the termination of the\nAgreements) will be determined by mandatory binding individual arbitration. Arbitration is more\ninformal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT\nREVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than\nin court. The arbitrator must follow this agreement and can award the same damages and relief\nas a court (including attorney fees), except that the arbitrator may not award declaratory orfi\n\ninjunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision\nwill survive termination of the Agreements.\n6.3.2 Exceptions\nNotwithstanding clause 6.3.1 above, you and Spotify both agree that nothing herein will be\ndeemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an\nindividual action in a small claims court ,(2) pursue enforcement actions through applicable\nfederal, state, or local agencies where such actions are available, (3) seek injunctive relief in a\ncourt of law, or (4) to file suit in a court of law to address intellectual property infringement\nclaims.\n6.3.3 Arbitration rules\nEither you or we may start arbitration proceedings. Any arbitration between you and Spotify will\nbe finally settled under the Rules of Arbitration of the International Chamber of Commerce (the\n\"ICC\") then in force (the \"ICC Rules\") by one or more arbitrators appointed in accordance with\nthe ICC Rules, as modified by these Agreements, and will be administered by the International\nCourt of Arbitration of the ICC.\nAny arbitration will be conducted in the English language and unless otherwise required by a\nmandatory law of a member state of the European Union or any other jurisdiction, the law to be\napplied in any arbitration shall be the law of [the relevant state or country described in clause\n6.1], without regard to choice or conflicts of law principles.\n6.3.4 Time for filing\nAny arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR\nafter the date the party asserting the claim first knows or reasonably should know of the act,\nomission, or default giving rise to the claim; and there shall be no right to any remedy for any\nclaim not asserted within that time period. If applicable law prohibits a one-year limitation\nperiod for asserting claims, any claim must be asserted within the shortest time period\npermitted by applicable law.\n6.3.5 Notice; Process\nA party who intends to seek arbitration must first send a written notice of the dispute to the\nother, by certified mail or Federal Express (signature required), or in the event that we do not\nhave a physical address on file for you, by electronic mail (\"Notice\"). Spotify's address for\nNotice is: [Spotify, Attn: General Counsel, 4 World Trade Center, 150 Greenwich Street, 62nd\nFloor, New York, New York 10007, USA]. The Notice must (1) describe the nature and basis of\nthe claim or dispute; and (2) set forth the specific relief sought (\"Demand\"). We agree to use\ngood faith efforts to resolve the claim directly, but if we do not reach an agreement to do so\nwithin 30 days after the Notice is received, you or Spotify may commence an arbitration\nproceeding. During the arbitration, the amount of any settlement offer made by you or Spotify\nshall not be disclosed to the arbitrator until after the arbitrator makes a final decision and\naward, if any. In the event our dispute is finally resolved through arbitration in your favor,\nSpotify shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last writtenfffy\n\nsettlement amount offered by Spotify in settlement of the dispute prior to the arbitrator's\naward; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the\ncourse of the arbitration shall be kept strictly confidential by the recipient and shall not be used\nby the recipient for any purpose other than for purposes of the arbitration or the enforcement of\nthe arbitrator's decision and award and shall not be disclosed except in confidence to persons\nwho have a need to know for such purposes or as required by applicable law.Except as required\nto enforce the arbitrator's decision and award, neither you nor Spotify shall make any public\nannouncement or public comment or originate any publicity concerning the arbitration,\nincluding, but not limited to, the fact that the parties are in dispute, the existence of the\narbitration, or any decision or award of the arbitrator.\n6.3.6 Modifications\nIn the event that Spotify makes any future change to this arbitration provision (other than a\nchange to Spotify's address for Notice), you may reject any such change by sending us written\nnotice within 30 days of the change to Spotify's address for Notice, in which case your account\nwith Spotify shall be immediately terminated and this arbitration provision, as in effect\nimmediately prior to the amendments you reject, shall survive.\n6.3.7 Enforceability\nIf the class action waiver at Section 6.2 is found to be unenforceable in arbitration or if any part\nof this Section 6.3 is found to be invalid or unenforceable, then the entirety of this Section 6.3\nshall be null and void and, in such case, the parties agree that the exclusive jurisdiction and\nvenue described in Section 6.1 shall govern any action arising out of or related to the\nAgreements and you shall not be prevented from bringing proceedings at any time.\n7. About these Terms\nUnder applicable law, you may have certain rights that can't be limited by a contract. These\nterms are in no way intended to restrict those rights.\nChanges\nWe may make changes to these Terms (including any additional Spotify terms and conditions\nincorporated by reference herein) from time to time by notifying you of such changes by any\nreasonable means (before they take effect), including by posting a revised Agreement on the\napplicable Spotify Service (provided that, for material changes, we will seek to supplement such\nnotice by email, an in-service pop-up message, or other means). Any such changes will not\napply to any dispute between you and us arising prior to the date on which we posted the\nrevised Terms, or other Spotify terms and conditions, incorporating such changes, or otherwise\nnotified you of such changes. Your use of the Spotify Service following any changes to these\nTerms will constitute your acceptance of such changes. If you do not wish to continue using the\nSpotify Service under the updated Terms, you may terminate your account by contacting us.\nThe effective date set forth at the top of this document indicates when these Terms were last\nchanged.\nEntire Agreement\n\nOther than as stated in this section or as explicitly agreed upon in writing between you and\nSpotify, these Terms constitute all the terms and conditions agreed upon between you and\nSpotify and supersede any prior agreements in relation to the subject matter of these Terms,\nwhether written or oral. As noted above, other terms and conditions governing use of the\nSpotify Service are incorporated herein by reference, including the following terms and\nconditions: the Spotify Premium Promotional Offer Terms;Spotify's Card Terms; the Spotify User\nGuidelines; the Spotify Copyright Policy; and the Spotify Support Community Terms.\nSeverability and Waiver\nUnless as otherwise stated in these Terms, should any provision of these Terms be held invalid\nor unenforceable for any reason or to any extent, the remaining provisions of these Terms will\nnot be affected, and the application of that provision shall be enforced to the extent permitted\nby law.\nAny failure by Spotify or any third-party beneficiary to enforce these Terms or any provision\nthereof shall not waive Spotify's or the applicable third-party beneficiary's right to do so.\nAssignment\nSpotify may assign any or all of these Terms, and may assign or delegate, in whole or in part,\nany of its rights or obligations under these Terms. You may not assign these Terms, in whole or\nin part, nor transfer or sub-license your rights under these Terms, to any third party.\nCOMPANY\nAbout\nJobs\nFor the Record\nCOMMUNITIES\nFor Artists\nDevelopers\nAdvertising\n\nInvestors\nVendors\nUSEFUL LINKS\nSupport\nWeb Player\nFree Mobile App\nIreland\nLegal\nPrivacy Center\nPrivacy Policy\nCookie Settings\nAbout Ads\n© 2022 Spotify AB\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":0,"explanation":"ToS contains an IP license to the content put in the service by the user that does not state explicitly that it’s needed to perform the service, but the purposes are listed and explained; or when there is a doubt as to these purposes are necessary"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}