https://web.archive.org/web/20170330202532/https://www.spotify.com/it/legal/end-user-agreement/
Spotify terms and conditions of use
Effective from 01 November 2016
1. Introduction
2 Variation of the Agreements
3 Using Spotify
4 Rights recognized by Spotify to users
5 Third Party Applications
6 User Generated Content
7 Rights recognized by users to Spotify
8 User guidelines
9 Infringement and Reporting of User Content
10 Limitations and variations of the Service
11 Trademark Accounts
12 Spotify Support Community
13 Customer Support
14 Export control
15 Payments, cancellations and second thoughts
16 Term and cancellation
17 Warranty and Disclaimer
18 Limitations
19 Third Party Rights
20 Entire Agreement
21 Severability and waiver
22 Assignment
23 Indemnification
24 Choice of Jurisdiction, Compulsory Arbitration and Court
25 Contacts
Hello and welcome to our Terms and Conditions of Use.
These are an important part of your legal rights, so please read this Section, our Privacy Policy and other terms referenced in this document carefully.
We hope you are sitting comfortably listening to good music.
Let's begin…
1. Introduction
Thank you for choosing Spotify (“Spotify”, “we”, “our”).
By subscribing to or otherwise using the Spotify Service, websites and software applications (collectively the "Spotify Service" or the "Service"), or by accessing any content or material made available by Spotify through the Service (the "Content"), the user signs a binding contract with the Spotify entity indicated at the end of this document.
The Spotify Service also includes the Spotify Support Community, as further described in the Spotify Support Community section.
The Spotify Service includes social and interactive features.
The use of the Spotify Service is based on some technical requirements.
The agreement between us and users includes these Terms and Conditions of Use (the "Terms") and our Privacy Policy. (
Terms, Privacy Policy and any additional terms accepted by the user as illustrated in the Entire Agreement section are collectively referred to as "Agreements".)
Should you wish to consult the terms of the Agreements, their current version is available on the Spotify website.
The user acknowledges that he has read, understood and accepted the Agreements, and accepts to be bound by them.
If you do not accept (or cannot comply with) the Agreements, the user must not use the Spotify Service or its Content.
Please read the Agreements carefully.
The Agreements concern important information on the Spotify Services provided and any costs, taxes and fees charged by Spotify to the user.
The Agreements contain information on future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a waiver of the right to class action and the resolution of disputes by arbitration instead of in a court of law.
Any information provided by users during the subscription can be corrected during this process by returning to the previous screens and modifying the incorrect information.
In order to use the Spotify Service to access the Content, you must (1) be 18 or older, or be 13 or older and provide a parent or guardian's consent to the Agreements (unless otherwise stated in the table below) , (2) have the authority to enter into a binding contract with us and not be barred from doing so under applicable law and (3) be resident in a country where the Service is available.
The user also promises to provide Spotify with true, accurate and complete registration information, and agrees to always keep it in this state.
Residents of the following countries should review their country-specific age restrictions in the following table:
Country Age Requirements
Chile, Ecuador, Paraguay, Peru You must be 18 or older, or you must be 15 or older and have the consent of a parent or guardian.
Brazil You must be 18 or older, or must be 16 or older and have the consent of a parent or guardian.
Nicaragua, Taiwan Must be 20 or older, or 13 or older and have parent or guardian consent.
Bulgaria, Hungary, Germany You must be 18 or older, or be 14 or older and have the consent of a parent or guardian.
Italy You must be 13 or older to use the Free Service.
To sign up for a Paid Membership, you must be 18 or older, or be 13 or older and have the consent of a parent or guardian who signs the contract on behalf of the child.
Malaysia You must be 18 years or older, or if between the ages of 13 and 18 you need the consent of a parent or guardian who signs the agreement on behalf of the minor.
Lithuania You must be 13 years of age or older to use the Service.
You must be 18 years or older to take out a paid subscription, or you must be 14 or older and have the consent of a parent or guardian.
For users aged between 13 and 18, the Agreement is signed by the guardian.
Canada You must be 13 years of age or older to use the Service.
To subscribe to a paid subscription, you must be of legal age in your territory / province of residence, or be 13 or older and have the consent of a parent or guardian.
Spain You must be 14 or older to use the Free Service.
To sign up for a Paid Membership, you must be 18 or older, or you must be 14 or older and have the consent of a parent or guardian who signs the contract on behalf of the child.
2 Variation of the Agreements
Spotify may make changes to the Agreements from time to time and at its discretion.
In the event of material changes to the Agreements, Spotify will inform users as appropriate based on the circumstances, for example by viewing important announcements within the Service or by sending an email.
In some cases Spotify will inform users in advance, and continuing to use the Service after making the changes will constitute acceptance of the changes by the users in question.
Therefore, please ensure that you read any such communications carefully.
Where you do not wish to continue using the Service in accordance with the new version of the Agreements, you can terminate the Agreements by contacting us via the Customer Service contact form.
3 Using Spotify
Here is some information on the ways you can use Spotify.
3.1 Our Services and Paid Subscriptions
Spotify provides streaming services that offer a selection of music and other content.
Some Spotify Services are provided free of charge.
Other Spotify Services require you to pay before you can access them.
Currently, the Spotify Services that can be accessed after payment are referred to as "Premium Services" and "Unlimited Services" (collectively the "Paid Subscriptions").
Spotify Services that do not require any payment are currently referred to as "Free Services".
To learn more about our services, visit our website.
Unlimited Services may not be available to all users.
Spotify will specify which ones are available at the time of subscription to the services.
In the event of cancellation or termination of a subscription to Unlimited Services (for example due to a change in payment data), it is possible not to be able to activate the subscription in question again.
Note that the Unlimited Services can be interrupted where it is no longer possible to charge the user for them.
For users residing in Turkey, access to free Services may be limited to a specific number of listening hours per month.
3.2 Codes and other prepaid offers
For users who have purchased or received a code, gift card, prepaid offer or other offer given or sold by or on behalf of Spotify for access to a Paid Subscription ("Code"), such access to the Service separate terms and conditions presented together with the Code may apply, and users agree to abide by those terms and conditions.
3.3 Trial Periods
From time to time, Spotify or other companies acting on our behalf may offer trial periods of paid Subscriptions for a specified period free of charge or at a reduced rate (“Trial Period”).
Spotify reserves the right to determine, in its absolute discretion, a user's eligibility for a Trial Period and, under applicable law, to withdraw or modify a Trial Period at any time without prior notice and without liability , within the maximum limits permitted by law.
For some Trial Periods, Spotify requires you to provide your payment information to get started.
AT THE END OF THESE TRIAL PERIODS, WE CAN AUTOMATICALLY BEGIN THE DEBIT OF THE PAID SUBSCRIPTION APPLICABLE FROM THE FIRST DAY AFTER THE END OF THE TRIAL PERIOD, WITH REPEATED CHARGE EVERY MONTH.
BY PROVIDING YOUR OWN PAYMENT DETAILS AT THE BEGINNING OF THE TRIAL PERIOD, THE USER ACCEPTS THIS CHARGE THROUGH THESE PAYMENT DETAILS.
IF THE USER DOES NOT WISH TO ACCEPT THE CHARGE, HE MUST CANCEL THE PAID SUBSCRIPTION APPLICABLE THROUGH THE SUBSCRIPTION PAGE OF THEIR SPOTIFY ACCOUNT, OR TERMINATE THEIR SPOTIFY ACCOUNT BEFORE THE END OF THE TRIAL PERIOD.
IF YOU DO NOT WISH TO CONTINUE RECEIVING REGULAR MONTHLY CHARGES, THE USER MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE SUBSCRIPTION PAGE OF YOUR SPOTIFY ACCOUNT, OR END YOUR SPOTIFY ACCOUNT BEFORE THE PERIOD OF THE PERIOD.
PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD ALREADY PAID AND, EXCEPT WHERE EXPRESSLY PROVIDED IN THESE TERMS, SPOTIFY WILL NOT REFUND ANY ADVANCE FEES.
THE LIMITATIONS SECTION DEFINES THE ADDITIONAL TERMS RELATING TO THE CANCELLATION OF A PAID SUBSCRIPTION.
4 Rights recognized by Spotify to users
The Spotify Service and related Content are owned by Spotify or its licensors.
Spotify grants you a limited, non-exclusive, revocable license to use the Spotify Service, and a limited, non-exclusive, revocable license for your personal, non-commercial and entertainment use of the Content (the "License"). .
This License remains in effect until it expires and unless terminated by the user or Spotify.
The user promises and agrees to use the Content for personal non-commercial use and entertainment purposes only, and will not redistribute or transfer the Spotify Service or the Content.
Spotify Software Applications and Content are licensed to you, not sold, and Spotify and its licensors retain ownership of all copies of Spotify Software Applications and Content, even after installation on personal computers, handheld devices, tablet and / or other similar devices of the user (“Devices”).
All trademarks, service marks, trade names, logos, domain names and any other features of the Spotify brand (“Spotify Brand Features”) are the exclusive property of Spotify or its licensors.
The Agreements do not grant the user the right to use any Features of the Spotify brand for commercial or non-commercial use.
You agree to abide by our User Guidelines and not to use the Spotify Service, the Content or parts thereof in any way not expressly permitted by the Agreements.
Except for the rights expressly granted to the user under these Agreements, Spotify does not grant the user any right, title or interest in the Spotify Service or Content.
Third party software (e.g. open source software libraries) included in the Spotify Service is licensed to you under the relevant third party's Software Library License Agreements or terms, as published in the guide or in the Settings section of the our desktop computer software and mobile clients and / or on our website.
5 Third Party Applications
The Spotify Service is integrated with third party applications, websites and services ("Third Party Applications") to make content, products and / or services available to users.
These third-party applications may have their own terms and conditions of use and privacy policies, and their use by the user will be governed by and subject to these terms and conditions and privacy policies.
The user understands and accepts that Spotify does not promote and is not responsible for the behavior, functionality or content of any Third Party Application or any transaction that may be entered into with the provider of such Third Party Applications.
6 User Generated Content
Spotify users may post, upload and / or contribute ("post") content to the Service, including for example images, text, messages, information, compilations in the form of playlists and / or other types of content ("User Content ").
For the avoidance of doubt, the term “User Content” includes any content posted to the Spotify Support Community, as well as any other part of the Spotify Service.
In relation to User Content posted on Spotify, you warrant that (1) you have the right to post such User Content and that (2) such User Content, or its use by Spotify as contemplated in the Agreements, does not violate the Agreements. , applicable laws or intellectual property (including without limitation copyrights) publicly or personally, or other rights of other persons, nor does it involve any subscription to or sponsorship of you or your User Content by Spotify or any artist, group music, label, entity or natural person without the prior written consent of such natural person or entity.
Spotify may, but is under no obligation to do so, monitor, review or modify User Content.
In any case, Spotify reserves the right to remove or disable access to any User Content, with or without reason, including but not limited to User Content that, in Spotify's sole discretion, violates the Agreements.
Spotify may take these actions without prior notice to users or third parties.
Removing or disabling access to User Content must be done at Spotify's sole discretion, and we do not promise to remove or disable access to any specific User Content.
The user is solely responsible for any User Content published by him.
Spotify is not responsible for User Content, nor does it endorse any opinion contained in any User Content.
IF ANYONE MAKES A CLAIM AGAINST SPOTIFY IN CONNECTION WITH PUBLISHED USER CONTENT, YOU AGREE, TO THE EXTENT PERMITTED BY LOCAL LAW, TO INDEMNATE AND HOLD SPOTIFY IMMUNE FROM AND IN RELATION TO ALL DAMAGES, LOSSES AND CHARGES OF ANY KIND (INCLUDING REASONABLE FEES AND LEGAL EXPENSES) ARISING FROM THIS CLAIM.
7 Rights recognized by users to Spotify
In consideration of the rights granted under the Agreements, you grant us the right to (1) allow the Spotify Service to use processor, bandwidth and storage hardware on your Device to facilitate the operation of the Service, (2) provide advertisements and other information to you and (3) allow our business partners to do the same.
As part of the Spotify Service, the Content viewed by the user, including selection and positioning, may be influenced by commercial considerations including any agreements with third parties.
Some Content licensed or provided to Spotify (such as podcasts) may contain advertisements as part of the Content.
In such cases, Spotify will make the aforementioned Content available to users without making any changes to it.
If you provide Spotify with any feedback, ideas or suggestions in relation to the Spotify Service or the Content ("Feedback"), you acknowledge that such Feedback is not confidential and authorize Spotify to use it without any limitation or payment to you in question.
Feedback is considered a type of User Content.
You grant Spotify a non-exclusive, transferable, subcontract, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, completely paid and globally valid to use, reproduce, make available to the public (e.g. for a performance or exhibition), publish, translate, modify, create derivative works from and distribute any User Content in connection with the Service and through any medium , either alone or in combination with other content or materials, in any way and by any means, method or technology, whether already known or created thereafter.
In addition to the rights specifically granted here, the user retains ownership of all rights, including intellectual property rights relating to the User Content.
Where applicable and permitted by applicable law, you also agree to waive any "moral rights" (or equivalent under applicable law) as your right to be identified as the author of any User Content, including Feedback and the right to object to derogating treatment of such User Content.
8 User guidelines
Spotify respects intellectual property rights and expects users to do the same.
Spotify has established some ground rules that users must follow when using the Service to make sure Spotify remains a usable product for everyone.
Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason:
copy, redistribute, reproduce, "extract", record, transfer, perform or publicly display, transmit or make publicly available any part of the Spotify Service or the Content, or alternatively make any use of the Spotify Service or the Content that does not is expressly permitted under the Agreements or applicable law, or otherwise infringes the intellectual property rights (such as copyright) of the Spotify Service, Content or any part thereof;
use the Spotify Service to import or copy local files for which you do not have the necessary legal rights to do so;
transfer copies of cached Content from an Authorized Device to any other Device by any means;
perform reverse engineering, decompile, disassemble, modify or create derivative works based on the Spotify Service, Content or any part thereof, except where permitted by applicable law;
circumvent any technology used by Spotify, its licensors or other third parties in order to protect the Content or Service;
sell, rent, subcontract or lease any part of the Spotify Service or the Content;
circumvent any territorial restrictions applied by Spotify or its licensors;
artificially increase the play count, or manipulate the services in any other way using scripts or other automated processes;
remove or modify any copyright, trademark or other intellectual property notices contained in or provided through the Spotify Service (including for the purpose of concealing or modifying any indications of ownership or provenance of any Content);
provide your password to other people, or use other people's username and password;
perform "crawling" within the Spotify Service, or use other automated means (including bots, scrapers and spiders) to collect information from Spotify; or
sell user accounts or playlists, or otherwise accept any financial or other compensation for the purpose of influencing the name of an account or playlist or the content included in an account or playlist.
Please respect Spotify, the owners of the Content and other users of the Spotify Service.
Do not engage in activity, post User Content or register and / or use a username that is or includes material:
offensive, derogatory, defamatory, pornographic, threatening or obscene;
illegal or designed to promote or commit illegal acts of any kind, including but not limited to the violation of intellectual property rights, privacy rights or exclusive rights of Spotify or third parties;
deliberately containing your password, another user's password or third party personal data, or designed to solicit the granting of such personal data;
malicious such as malware, Trojan horses or viruses, or otherwise capable of interfering with users' access to the Service;
designed or capable of causing annoyance or harassment to other users;
capable of feigning or misrepresenting its affiliation with other users, persons or entities, or otherwise fraudulent, false, deceptive or misleading;
who uses automated means to artificially promote a content;
which involves the transmission of unsolicited mass messages or other forms of spam ("spam"), junk mail, message chains or the like, including through the Spotify inbox;
that involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes or pyramid schemes, which are not expressly authorized by Spotify;
that links, references or otherwise promotes commercial products or services, except where expressly authorized by Spotify;
capable of interfering with or disrupting the Spotify Service in any way, tampering with, violating or attempting to probe, examine or test for vulnerability the Service or the Spotify computer systems or network, the usage rules or any other Spotify's security, authentication measure or other protective measure applicable to the Service, Content or any part thereof; or
that causes conflicts with the Agreements, as determined by Spotify.
You understand and agree that the publication of such User Content may result in the immediate termination or suspension of your Spotify account.
The user also agrees that Spotify may recall his username for any reason.
Please be aware of how the Spotify Service is used and what you share.
The Spotify Service includes social and interactive features, including the ability to post User Content, share content, and make certain personal information public.
Please remember that shared or publicly available information may be used or re-shared by other users on Spotify or elsewhere on the web, so please use Spotify with caution and pay attention to your account settings.
Spotify has no responsibility for the user's decision to publish materials on the Service.
The password protects the user account, and the user is solely responsible for keeping it confidential and secure.
The user understands that he is responsible for any use of his username and password within the Service.
If your username or password is lost or stolen, or if you believe that there has been unauthorized access to your account by a third party, please notify us immediately and change your password as soon as possible.
9 Infringement and Reporting of User Content
Spotify respects the rights of intellectual property owners.
If you believe that any Content infringes your intellectual property or other rights, please consult Spotify's copyright policy.
If Spotify is notified by a copyright owner of copyright infringement by a Content, Spotify may intervene in its absolute discretion without prior notice to the provider of such Content.
If the provider believes that the content in question does not cause any infringement, the provider may file a counter notification to Spotify with a request to restore the removed content.
If you believe that any Content does not comply with the User Guidelines, please complete our report form.
10 Limitations and variations of the Service
Spotify will make reasonable efforts to keep the Spotify Service operational.
However, from time to time some technical difficulties or maintenance operations can cause temporary interruptions.
Within the limits established by applicable law, Spotify reserves the right to modify or discontinue, periodically and at any time, and temporarily or permanently, the functions and features of the Spotify Service, with or without notice and without any liability to users except where prohibited by law, for any interruption, modification or termination of the Spotify Service or other related features or functionality.
Notwithstanding the foregoing, if you have advance fees for Paid Subscriptions that are permanently terminated by Spotify prior to the end of the Advance Period (as defined in the Payments, cancellations and second thoughts section), after such termination Spotify will refund you the advance fees for the prepaid period.
The user understands and accepts that Spotify undertakes no obligation to maintain, support, improve or update the Service, or to provide specific content through the Service.
This section will be applied within the maximum limits established by the law in force.
From time to time, Spotify and / or the owners of the Content may remove such Content without notice to the extent required by applicable law.
11 Trademark Accounts
Where you create a Spotify account on behalf of a company, organization, entity or brand (a "Brand" and such account a "Brand Account"), the terms "user" and "user" used in of the Agreements apply to both you and the Brand, as relevant.
When creating a Brand Account, the user assures and warrants that he is authorized to grant all the authorizations and licenses provided in the Agreements and to bind the Brand to comply with the Agreements.
11.1 Follow up
The Trademark can only follow users who in turn first follow the Trademark; and the Brand may not take any action involving a sponsorship or other relationship between the Brand and the following user, except where the Brand has independently obtained the rights that allow such sponsorship.
A Brand must stop following a user at Spotify's request and in its sole discretion.
11.2 Listening
The Brand cannot broadcast media via streaming.
11.3 Sending messages
The Brand may only send messages to users who first send messages to the Brand.
11.4 Playlists and Brand Sharing
The Brand may not create or share, either within the Spotify Service or elsewhere, Spotify playlists containing a sponsorship or other relationship between the Brand and any artist or other party, except where the Brand has independently obtained the related rights. to such sponsorship.
For information, Brands can consult Spotify's Brand Playlist Guidelines.
12 Spotify Support Community
The Spotify Support Community is a place where you can discuss and exchange information, tips and other materials related to the Spotify Service.
In order to use the Spotify Support Community, the user must (1) have an existing Spotify account; and (2) authenticate your Spotify account for use in the Support Community (a "Spotify Support Account").
Instructions on how to create a Spotify Support Account can be found on the Community Registration page.
In addition to the Agreements, when using the Spotify Support Community, you also agree to abide by the Spotify Support Community Guidelines that you will receive upon registration (the "Support Community Guidelines").
If you do not accept the Support Community Agreements or Guidelines, the user must not use the Spotify Support Community.
12.1 Spotify Support Account
By creating a Spotify Support Account, the user confirms that the registration information provided to Spotify is true, accurate and complete, and undertakes to modify this information in order to keep it updated.
It is strictly prohibited to enter information in your profile that suggests that you are a Spotify employee or moderator, or otherwise impersonate such an employee or moderator while using the Spotify Support Community.
You also understand and agree that Spotify may remove or recall your username at any time where Spotify, in its absolute discretion, deems appropriate to do so.
12.2 No official support
No User Content or other content posted to the Spotify Support Community by Spotify employees, moderators and / or representatives should be considered official support material provided by Spotify.
For more information on official support, please refer to the Customer Support Section.
The content provided or made available to you on the Spotify Support Community by Spotify employees, moderators and / or representatives is provided "as is" and without warranty of any kind.
You acknowledge that the views expressed in the User Content on the Spotify Support Community are solely those of the authors of such User Content and do not correspond to the views or policies of Spotify or any of its officers, shareholders, employees, agents, directors, subsidiaries. , subsidiary, supplier or licensor.
12.3 Compensation program
The Spotify Support Community has a compensation system in which Spotify may, in its sole discretion, reward users based on the amount of “Kudo” received or the quality of responses collected.
The user agrees to grant Kudo only to other users (and not to himself) and only when deserved, and to refrain from any attempt to manipulate the compensation system, for example by creating multiple accounts or artificial responses.
The user accepts Spotify's decisions regarding any compensation as final and binding.
13 Customer Support
To obtain customer support on account and payment questions ("Customer Service Inquiries"), please send a note to our Customer Service department via the Customer Service contact form in the Company Information section of our site Web.
Spotify will make every reasonable effort to respond to all Requests sent to Customer Support within a reasonable time frame, but does not guarantee in any way that Customer Support Requests will be answered in a particular time frame and / or that can be satisfactorily answered.
14 Export control
Spotify products may be subject to U.S. export and re-export control laws and regulations or similar laws in other jurisdictions, including the U.S. Department of Commerce Export Administration Regulation ("EAR"), trade sanctions, and of the US Treasury Department's Office of Foreign Assets Control (“OFAC”) and the US Department of State's International Traffic in Arms Regulations (“ITAR”).
The user confirms that (1) they are not based in Cuba or in Iran, North Korea, Sudan or Syria; and (2) not be a sanctioned party as specified in the regulations listed above.
The user agrees to comply with all applicable export and re-export laws and regulations, including the EAR regulations, the commercial and economic sanctions provided for by OFAC and the ITAR regulations.
In particular, you agree not to sell, export, re-export, transfer, divert or otherwise dispose, directly or indirectly, of products, software or technologies (including products derived from or based on such technologies) received by Spotify under of the Agreements for any destination, entity or person excluded under the laws or regulations of the United States or other jurisdiction without the prior authorization of the relevant governing authorities, as required by such laws and regulations.
This export control clause will remain in effect even in the event of the conclusion or cancellation of the Agreements.
15 Payments, cancellations and second thoughts
Paid Subscriptions can be purchased directly from Spotify or through a third party, such as a telephone company, either (1) by paying a monthly subscription fee; or (2) by prepayment to access the Spotify Service for a specified period of time (“Advance Period”).
If you purchase a paid Subscription using a Code, that Subscription will automatically terminate at the end of the Advance Period, or if there is insufficient upfront balance to pay for the Service.
When registering for a paid subscription, trial period or online code, the user agrees to immediately gain access to Spotify Premium.
If you reside outside the United States and register for a Paid Subscription or Code online, you can terminate the Agreement, with or without reason, and receive a full refund of your paid amount within fourteen (14) days of day on which he activated the related service ("Cool-off period").
However, refunds will not be granted where the user has used Spotify at any time during the Cooling Down Period.
Unless the Paid Subscription was purchased as an Early Period, the payment made to Spotify (or the third party through which the Paid Subscription was purchased, such as a telephone company) will be automatically renewed at the end of the subscription period. , unless the user cancels the Paid Subscription via the appropriate page before the end of the current subscription period.
The cancellation will take effect from the day following the last day of the current subscription period, and the user will be brought back to the free service level.
However, Spotify will not refund any subscription fees already paid where you cancel your payment or Paid Subscription and / or terminate any of the Agreements (1) after using Spotify during the Cooling Down Period, (2) after the end of the Cool-off period (where applicable) or (3) before the end of the current subscription period.
The refund method will depend on the payment method used.
To receive a full refund of the amount paid before the end of the Cooling Down Period, the user must contact Customer Service.
If you purchased the paid subscription through a third party, the user is also subject to the terms contained in the agreement with the third party (in addition to these Terms).
To cancel the subscription, the user must contact the third party directly.
From time to time, Spotify may change the price of Paid Subscriptions, Advance Period (for unpaid periods) or Codes and will communicate any price changes in advance and, if applicable, how to accept such changes.
Price changes for paid Subscriptions will take effect from the subscription period following the date of the change.
Where permitted by local law, by continuing to use the Spotify Service after the price change comes into effect, the user accepts the new price.
If you decide not to accept the price change, you have the right to refuse it by canceling your subscription to the Spotify Service before this change takes effect.
Therefore, please be sure to carefully read any notices relating to price changes.
16 Term and cancellation
The Agreements will remain in force until terminated by the user or Spotify.
However, the user understands and accepts that the perpetual license granted in relation to the User Content, including the Feedback, is irrevocable and will therefore continue even after the expiry or termination for any reason of the Agreements.
Spotify may terminate the Agreements or suspend the user's access to the Spotify Service at any time, including in the case of actual or alleged unauthorized use of the Spotify Service and / or the Content or failure to comply with the Agreements.
If you or Spotify terminate the Agreements, or Spotify suspends your access to the Spotify Service, you agree that Spotify will have no liability to you and that Spotify will not refund any amount already paid by you, within the maximum limits allowed under the law in force.
For information on closing your Spotify account, you can contact us using the Customer Service contact form on the Company Information page.
This section will be applied within the maximum limits established by the law in force.
The user can terminate the Agreements at any time.
Sections 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 21, 22, 23 and 24 herein reported, and any other section of the Agreements which, either explicitly or by its own nature, will survive this term , must remain in force even after the termination of the Agreements.
17 Warranty and Disclaimer
SPOTIFY TRIES TO PROVIDE THE BEST SERVICE POSSIBLE, BUT YOU UNDERSTAND AND AGREE THAT THE SPOTIFY SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND.
YOU USE THE SPOTIFY SERVICE AT YOUR OWN RISK.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPOTIFY AND ALL CONTENT OWNERS MAKE NO WARRANTY AND DISCLAIM ANY WARRANTY OR CONDITION OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
SPOTIFY AND THE CONTENT OWNERS DO NOT WARRANT IN ANY WAY THAT THE SPOTIFY SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
FURTHERMORE, SPOTIFY DOES NOT PROVIDE ANY INSURANCE AND DOES NOT WARRANT, STATE OR ASSUME LIABILITY FOR ANY THIRD PARTY APPLICATION (OR RELATED CONTENT), USER CONTENT OR ANY OTHER PRODUCTS OR SERVICES PUBLISHED OR OFFERED BY THIRD PARTIES OR THIRD PARTY SERVICES. A WEBSITE LINKED BY HYPERTEXT LINK OR PRESENTED IN A BANNER OR OTHER ADVERTISING.
YOU UNDERSTAND AND AGREE THAT SPOTIFY IS NOT RESPONSIBLE FOR ANY TRANSACTION BETWEEN USER AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SPOTIFY SERVICE.
AS WITH ANY PURCHASE OF PRODUCTS OR SERVICES THROUGH ANY MEANS OR IN ANY ENVIRONMENT, THE USER MUST USE YOUR OWN JUDGMENT AND TAKE CAUTION WHERE APPROPRIATE.
IN THIS RESPECT, NO ADVICE OR INFORMATION PROVIDED ORAL OR WRITTEN BY THE USER TO SPOTIFY WILL CREATE ANY FORM OF WARRANTY ON BEHALF OF SPOTIFY.
IF PROHIBITED BY APPLICABLE LAW, CERTAIN ASPECTS OF THIS SECTION MAY NOT APPLY IN CERTAIN JURISDICTIONS.
THIS HAS NO EFFECT ON THE USER'S STATUTORY RIGHTS AS A CONSUMER.
18 Limitations
THE USER AGREES THAT, TO THE EXTENT PROVIDED BY APPLICABLE LAW, THE ONLY AND SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTIONS WITH THE SPOTIFY SERVICE IS TO UNINSTALL THE SPOTIFY SOFTWARE AND STOP USING THE SPOTIFY SERVICE.
EVEN IF SPOTIFY ASSUMES NO LIABILITY FOR THIRD-PARTY APPLICATIONS OR THEIR CONTENT, AND EVEN IF THE RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PROVIDED BY LAW. OFFERED BY SPOTIFY FOR ANY PROBLEMS OR DISSATISFACTIONS WITH THIRD PARTY APPLICATIONS OR THEIR CONTENT CONSISTS OF UNINSTALLING AND / OR STOPPING USING SUCH THIRD PARTY APPLICATIONS.
TO THE MAXIMUM LIMITS PROVIDED BY LAW, IN NO EVENT SHALL SPOTIFY AND ITS OFFICIALS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, SUBSIDIARIES, SUCCESSORS, ASSIGNEES, SUPPLIERS OR LICENSORS BE CONSIDERED, INDIVIDUAL, RESPONSIBLE 1 PUNITIVE, EXEMPLARY OR CONSEQUENTIAL; (2) ANY LOSS OF USE, DATA, BUSINESS OR GOODS (WHETHER DIRECT OR INDIRECT), IN ANY CASE ARISING FROM THE USE OR INABILITY TO USE THE SPOTIFY SERVICE, THIRD PARTY APPLICATIONS OR THE CONTENT OF THIRD PARTY APPLICATIONS, REGARDLESS OF ANY LEGAL THEORY AND WHETHER SPOTIFY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN WHERE A REMEDY DOES NOT OBTAIN THE EXPECTED RESULT; OR (3) ANY AGGREGATE LIABILITY FOR ALL REQUESTS RELATING TO THE SPOTIFY SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT OF VALUE IN EXCESS OF THE AMOUNTS YOU PAID TO SPOTIFY DURING THE PREVIOUS TWELVE MONTHS IN A FEW MONTH BY THE LAW IN FORCE.
Nothing in the Agreements eliminates or limits Spotify's liability for fraud, fraudulent misrepresentation, death or personal injury due to its negligence and, if required by applicable law, gross negligence.
If prohibited by applicable law, aspects of this section may not apply in certain jurisdictions.
19 Third Party Rights
The user understands and accepts that the owners of the Content and some distributors (such as app store providers) are beneficiaries under the Agreements and have the right to apply the Agreements directly to the user.
Apart from what is established in this section, the Agreements are not designed to grant rights to anyone, except the user and Spotify, and in no case will the Agreements create any beneficiary rights for third parties.
Furthermore, the rights to terminate, rescind or accept any changes, waivers or liquidations of the Agreements are not subject to the consent of any other person.
If you have downloaded the app from the Apple, Inc. App Store ("
Apple ") or in case of using the app on an iOS device, the user confirms that he has read, understood and accepted the following information on Apple.
This Agreement is signed only by you and Spotify, not with Apple, therefore Apple is not responsible for the Service and its contents.
Apple has no obligation to provide maintenance and support services in connection with the Service.
In the event of a failure of the Service in complying with any applicable warranty, Apple can be notified and Apple will refund the user for any applicable purchase costs for the app; furthermore, within the limits of applicable law, Apple has no other warranty obligation of any kind in connection with the Service.
Apple is not responsible for resolving any requests made by you or any third party in connection with the Service or your possession and / or use of the Service, including but not limited to: (1) product liability claims ; (2) claims that the Service does not comply with applicable legal or regulatory requirements; and (3) complaints made under consumer protection laws or similar legislation.
Apple is not responsible for the investigation, defense, settlement and termination of any third party claims that the Service and / or the user's possession and use of the app violates the intellectual property rights of such third parties.
While using the Service, the user agrees to comply with the applicable terms of third parties.
Apple and its affiliates are third party beneficiaries of this Agreement and, upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you. as a third party beneficiary of the Agreement.
You hereby represent and warrant that (1) you are not based in a country subject to a US government embargo, or that has been designated a "terrorist support" country by the US government; and (2) not appear on any US government banned or restricted list.
20 Entire Agreement
Except as set forth in this Section or as explicitly agreed in writing between you and Spotify, the Agreements constitute all terms and conditions agreed between you and Spotify, and supersede any prior agreements relating to the subject matter of these Agreements, both it written or verbal.
However, please note that other aspects of the user's use of the Spotify Service may be governed by further agreements.
This may include, for example, accessing the Spotify Service via a gift card, for free or for discounted trial periods.
When receiving an offer for these aspects of their use, the user also receives any additional agreements at the same time and can take advantage of the opportunity to accept the additional terms.
Some of these additional terms are listed on the Spotify website.
In the event that there is an irreconcilable conflict between additional terms and these Terms, the additional terms will prevail.
21 Severability and waiver
Except as otherwise stated in the Agreements, where any provision of the Agreements is held to be invalid or unenforceable for any reason or to any level, such invalidity or inapplicability will not in any way interfere with or render invalid or unenforceable the remaining provisions of the Agreements, application of this clause will be imposed within the limits established by law.
Any failure to apply the Agreements or related clauses by Spotify or third party beneficiaries will not invalidate the right of Spotify or the third party beneficiary to do so.
22 Assignment
Spotify may assign the Agreements or any part thereof, and may also delegate any obligations under the Agreements.
The user may not assign the Agreements or any part thereof, nor transfer or sublicense their rights under the Agreements to third parties.
23 Indemnification
Within the maximum limits established by applicable law, you agree to indemnify and hold Spotify harmless from and in relation to damages, losses and expenses of any kind (including reasonable legal costs and fees) arising from: (1) the violation of this Agreement by you; (2) any User Content; (3) any activity in which the user engages or performs through the Spotify Service; and (4) the violation of any law or the rights of a third party by the user.
24 Choice of Jurisdiction, Compulsory Arbitration and Court
24.1 Competent law / jurisdiction
Unless otherwise required under a mandatory law of a member state of the European Union or other jurisdiction, the Agreements (and any non-contractual disputes / claims arising out of or related to such Agreements) are subject to the laws of the state or country indicated. in the list below, regardless of choice or conflict of law principles.
In addition, the user and Spotify agree to assign to the courts in the following list the competence for the resolution of any disputes, claims or disputes arising from the application of the Agreements (and any non-contractual disputes / claims arising from or related to these Agreements). (
In some cases, this jurisdiction will be "exclusive", indicating that the matter cannot be judged by the courts of any other country; is competent; in other cases, the jurisdiction will be "non-exclusive", indicating that the courts of other countries may also be competent.
These differences are shown in the table.)
Country Law to be adopted Jurisdiction
Poland, Italy Swedish Laws Exclusive; local country courts
Turkey Swedish Laws Not exclusive; courts and other courts of the Turkish Republic
Brazil Brazilian Laws Exclusive; state and federal courts of Sao Paulo, State of Sao Paulo, Brazil
Canada Laws of the province of Ontario Exclusive; courts of Ontario, Canada
United States, Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay State of California, United States Exclusive; state and federal courts in the County of San Francisco, CA, or New York, NY
Estonia, Hong Kong, Latvia, Lithuania Swedish laws Non-exclusive; Swedish courts
Spain Exclusive Spanish law; courts of the consumer's current domicile in Spain.
All Other Countries Swedish Laws Exclusive; Swedish courts
Spotify does not accept as mandatory codes of conduct in relation to the services provided under these Agreements.
24.2 WAIVER OF THE RIGHT TO CLASS ACTION
WHERE PERMITTED UNDER APPLICABLE LAW, THE USER AND SPOTIFY AGREE THAT EACH MAY SUBMIT REQUESTS AGAINST THE OTHER ONLY IN HIS INDIVIDUAL CAPACITY AND NOT AS A APPLICANT OR MEMBER OF A CLASS ACTION IN ANY CLASS.
Except as agreed by you and Spotify, no arbitrator or judge may consolidate the claims of more than one person or otherwise preside over any form of representative or class proceedings.
24.3 ARBITRATION
If the user is located, has its registered office / offices or carries out business in a jurisdiction in which this Section 24.3.
is not applicable, the following mandatory arbitration clauses apply to the user in question:
24.3.1 Dispute Resolution and Arbitration
You and Spotify agree that any cause, claim or dispute between you and Spotify arising out of or relating in any way to these Agreements or your relationship with Spotify as a user of the Service (whether under a contract, tort , statute, fraud, misrepresentation or any other legal theory and regardless of whether such complaints arise during or after the term of the Agreements) will be resolved by mandatory binding individual arbitration.
Arbitration is more informal than legal action in court.
NO JURY OR JURY ARE PRESENT IN THE ARBITRATION, AND THE COURT'S EXAMINATION IN AN ARBITRATION AWARD IS LIMITED.
More limited findings may be made during an arbitration than in court.
The arbitration judge must respect this agreement and can grant the same damages and measures as a court (including lawyers' fees), but cannot assign declaratory or injunctive measures to the benefit of third parties other than the parties involved in the arbitration in question.
This arbitration clause will survive the termination of the Agreements.
24.3.2 Exceptions
Subject to clause (24.3.1) above, you and Spotify agree that nothing set forth herein will exclude, preclude or otherwise limit our rights, at any time, to (1) take individual action in a court for minor lawsuits, (2) pursue tax action through competent federal, state or local agencies where such actions are available, (3) apply for an injunction in a court of law, or (4) go to court to resolve a complaint for infringement of intellectual property.
24.3.3 Rules of arbitration
The user or Spotify may initiate arbitration proceedings.
Any arbitration between you and Spotify will be resolved under the International Chamber of Commerce ("ICC") arbitration rules in effect at the time (and "ICC Rules") by one or more arbitrators appointed in accordance with the ICC Rules, as amended by these Agreements, and will be administered by the ICC International Court of Arbitration.
Any arbitration will be conducted in the English language and, unless otherwise required by mandatory law of a member state of the European Union or any other jurisdiction, the law applicable in such arbitration will be that of the State of California, United States, regardless of choice or conflict of law principles.
24.3.4 Timing of submission
Any arbitration must commence with the submission of a request for arbitration within ONE (1) YEAR of the date on which the complaining party becomes or should reasonably become aware of the act, omission or deficiency giving rise to such complaint; furthermore, there must be no right to any other remedy for any complaints not submitted within this time period.
Where current law prohibits limiting the period for submitting complaints to one year, any complaint must be filed in the shortest amount of time permitted by current law.
24.3.5 Notification; Method
The party seeking arbitration must first send written notification of the dispute to the other party by certified mail or Federal Express (signature is required) or, where Spotify does not have the user's physical address in its records, by post. electronic ("Notification").
Spotify's address for notifications is: Spotify, Attn: General Counsel, 45 W. 18th Street, 7th Floor, New York, New York 10011, USA.
The Notice must (1) describe the nature and basis of the complaint or dispute; and (2) define the specific measure requested (“Application”).
Spotify undertakes to make every effort in good faith to resolve the complaint directly, but in the event of failure to agree to this effect within 30 days of receipt of the Notice, the user or Spotify may initiate arbitration proceedings.
During the arbitration, the amount of any offer of agreement submitted by the user or by Spotify must not be disclosed to the arbitrator until the latter has made a final decision and judgment, where relevant.
Where the dispute is ultimately resolved through arbitration in your favor, Spotify will pay you (1) the amount determined by the arbitrator, if applicable, (2) the last amount provided in the written agreement and offered by Spotify resolve the dispute before the arbitrator's sentence; or (3) US $ 1,000, whichever is the greater.
All documents and information disclosed in the course of the arbitration must be kept strictly confidential by the recipient and must not be used by the recipient for any purpose other than those of the arbitration or the enforcement of the related decision and judgment, and must not be disclosed except that on trust in people who have a real need to know them for such purposes or as required by current law.
Except as required in order to enforce the arbitrator's decision and ruling, neither you nor Spotify shall publicly make any announcements or comments, or advertise the arbitration, including but not limited to the existence of a dispute between parties, the existence of the arbitration or any decision or judgment of the arbitrator.
24.3.6 Amendments
In the event of any future changes to this arbitration clause by Spotify (except for any changes to Spotify's notification address), you may reject such changes by sending a written notice within 30 days of the date of the change to the 'Spotify notification address; in this case, the user's account with Spotify will be terminated immediately while this arbitration clause will survive in the form in effect immediately before the user's rejection of the changes.
24.3.7 Applicability
If the class action waiver of Section 24.2 is found to be unenforceable in the arbitration, or any part of Section 24.3 is found to be unenforceable, the entire Section 24.3 will be deemed void and void, and in this case the parties agree that the venue of exclusive jurisdiction described in Section 24.1 will govern any action arising out of or related to the Agreements.
25 Contacts
For any questions about the Spotify Service or the Agreements, users are asked to contact Spotify customer support by visiting the Company Information section of our website.
If you reside in California, you can request that the Agreements be sent electronically by sending a letter to Spotify, Attn: General Counsel, 45 West 18th Street, 7th Floor, New York, New York 10011, USA, indicating your address e-mail and specifying the request to send the Agreements.
In addition, pursuant to the Civil Code of Section 1789.3, to resolve a complaint regarding the service or to receive further information on the use of the service, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at address 1625 N. Market Blvd.,
Suite S-202, Sacramento, California 95834, or by phone at 1-800-952-5210.
Thank you for reading our Terms.
We hope you enjoy using Spotify!
Contracting entity:
Spotify AB
Birger Jarlsgatan 61, 113 56 Stockholm
Sweden
SE556703748501
© Spotify AB.