Spotify® Terms and Conditions of Use

Effective as from 23 November 2009

This document (the “Agreement”) is a legally binding agreement between you and Spotify Ltd (“Spotify”) that governs your use of Spotify’s software application, including the Mobile Client as defined in Section 5 below (the “Spotify Software Application”) and online streaming Spotify Service (as defined below), both available at the Spotify Websites (as defined in the Spotify Privacy Policy). The Spotify Service can be accessed as an ad-supported free-to-the-user version (the “Ad-Supported Service”), a 24 hour advertisement free version of the Ad-Supported Service for which you pay an access fee (the “Day Pass”), or as a monthly or yearly subscription to an advertisement free version of the Ad-Supported Service including an offline mode which makes it possible to listen to music without a connection to the Internet via conditional downloads and other additional features for which you pay an access fee (the “Premium Service”), or a version of the Premium Service that provides access to the Premium Service via a supported mobile handset (the “Mobile Premium Service”). The Day Pass, the Premium Service and the Mobile Premium Service are collectively referred to as the “Spotify Paid for Service”. The Ad-Supported Service, the Day Pass, the Premium Service and the Mobile Premium Service are collectively referred to as the “Spotify Service”. Please note that you must read and agree to the terms and conditions of this Agreement before you use the Spotify Software Application or the Spotify Service. If you do not agree to the terms and conditions of the Agreement, you may NOT use the Spotify Software Application or the Spotify Service. For a detailed description of the features in each of the Spotify Paid for Services, please see the Spotify Websites.

1. Contract formation

By ticking the “I agree” box or pressing the “I Accept” button when creating a Spotify account or by using the Spotify Software Application (including but not limited to the downloading of said application) or the Spotify Service, you confirm that you are 18 years of age or more, or that you have received your parent’s or guardian’s consent to enter into this Agreement, that you have your residence in one of the countries in which Spotify provides the Spotify Service, that any registration information that you submit to Spotify is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the Spotify Privacy Policy.

2. Changes to the Agreement

Spotify may make changes to this Agreement at its sole discretion. Any material changes will be communicated to you and your acceptance of and / or continued use of the Spotify Software Application or the Spotify Service after such notification of changes to this Agreement will constitute your acceptance of such changes.

3. Grant of license

Spotify grants you a limited, non-exclusive, revocable license to make personal non-commercial use of the Spotify Software Application (including a right to download said application) and the Spotify Service and to receive by stream (and, where you have purchased the Premium Service or the Mobile Premium Service, by conditional download) the media content made available through the Spotify Service in your home country. You do not have a right to transfer or sublicense your rights under this Agreement.

4. Purchase of the Spotify Paid for Service

By ticking the “I agree” box or pressing the “I Accept” button you agree to pay the fee for access to the applicable Spotify Paid for Service. Such fee will be charged in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the Spotify Websites are inclusive of VAT (where applicable) and other applicable taxes and fees. Spotify accepts a variety of different payment methods, so please check the Spotify Websites for the best way for you to pay.

5. The Mobile Premium Service

You are required to have the most recent mobile version of the Spotify Software Application (the “Mobile Client”) on your mobile handset in order to use the Mobile Premium Service. The Mobile Client may be acquired only via the official channels authorised by Spotify. You agree that your access to and right to use the Mobile Premium Service is expressly conditioned on your registering as a mobile subscriber via the authentication process associated with the Mobile Client, which authentication process may include additional terms and conditions applicable to the Mobile Premium Service (the ”Mobile terms”) and any Mobile Terms shall form part of this Agreement. You further agree that your access to and right to use the Mobile Premium Service may be revoked immediately by Spotify in the event that you do not sign into the Mobile Premium Service at least once during the preceding ninety (90) day period. If you lose access to the Mobile Premium Service, you will be required to re-register for access and otherwise manifest your agreement to comply with all of the terms and conditions of this Agreement.

Only handsets that are supported by Spotify may be used to access the Mobile Premium Service and you agree that Spotify has no obligation to support any particular make or model of handset, whether or not such make or model is currently, or was previously supported by Spotify.

6. Use of cached content

The “offline mode” of the Premium Service and Mobile Premium Service permits you to download temporary copies of content and play it locally for so long as you maintain your subscription to the applicable Paid for Service. As a subscriber to the Premium Service, you are permitted to store such cached content on up to three (3) personal computers. If you are a subscriber to the Mobile Premium Service, you are permitted to store cached content on up to three (3) personal computers and/or mobile handsets. You may not transfer copies of cached content to any other device via any means.

7. Prices

Spotify may change the price for the Spotify Paid for Service from time-to-time. Such changed price will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for). Any price change will be communicated to you. If you do not wish to be bound by such changed price relating to your Premium Service you may terminate your subscription of your Premium Service in accordance with Section 13 (Term and termination). Your continued use of the Spotify Paid for Service after the communication of such price change to you constitutes an acceptance of such new price.

8. Automatic subscription renewal

Your subscription to the Premium Service or Mobile Premium Service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with Section 13 (Term and termination), or, in the case of the Mobile Subscription Service, your access to the Mobile Premium Service is revoked by Spotify in accordance with Section 5 above. Such renewal will always be for a monthly subscription term, even if the previous subscription term was for a six or twelve month period. If you would like to renew for a longer term, then please log into your account on the Spotify Websites. At the time of renewal the payment method you have designated to be charged for the purchase of the Premium Service or the Mobile Premium Service will automatically be charged with the applicable amount.

9. Cooling-off period

If you have purchased access to the Spotify Paid for Service over the Internet, you have the right to cancel your purchase and receive a full refund within 14 days of purchase. However, please note that if you log into the Spotify Paid for Service within the 14-day period you will no longer have a right to cancel or withdraw from your purchase of such service. In addition, after the 14-day period has elapsed you no longer have the right to cancel your purchase and receive a refund even if you do not subsequently log into the Spotify Paid for Service.

10. Restrictions of use

For the avoidance of doubt, you agree that you may not (without limitation):

copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the Spotify Software Application or the Spotify Service or its content (including but not limited to tracks, images and text) in a manner not expressly permitted under this Agreement;
provide your password to any other person or use any other person's user name and password;
reverse-engineer, decompile, disassemble, modify or create derivative works based on the Spotify Software Application or the Spotify Service or any part thereof;
circumvent any technology used by Spotify or its licensors to protect content accessible through the Spotify Software Application and Spotify Service;
rent or lease any part of the Spotify Software Application or the Spotify Service;
use the Spotify Software Application or the Spotify Service in a way that violates the terms of this Agreement;
circumvent any territorial restrictions applied by Spotify; and
artificially increase play count or otherwise manipulate the Spotify Software Application or the Spotify Service by using a script or other automated process.

In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the Spotify Software Application and the Spotify Service and its content.

11. Advertising and use of computational resources

As consideration for your rights under this Agreement, you agree that (i) Spotify and its business partners have a right to provide advertising and other information to you in relation to the Spotify Software Application and the Spotify Service, and that (ii) Spotify has a right to allow the Spotify Software Application and the Spotify Service to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the Spotify Software Application and the Spotify Service, and to facilitate the operation of the network on which the Spotify Software Application and the Spotify Service runs. You may adjust the level of usage that the Spotify Service makes of your computer in the settings of the Spotify Software Application.

12. Customer support

If you have any questions concerning the Spotify Software Application, the Spotify Service or this Agreement, please contact Spotify customer service by visiting the help section.

13. Term and termination

This Agreement will become effective in relation to you when you have ticked the “I agree” box when creating a Spotify account or when you start using the Spotify Software Application or the Spotify Service and will remain effective until terminated by you or Spotify. You may cancel your subscription of the Premium Service or Mobile Premium Service at any time by visiting your subscription page which termination shall have effect at the expiry of the then-current subscription period that you have already paid for (e.g. one month, one quarter or a year). Unless your cancellation falls within the cooling off period set out in Section 9 (Cooling-off period), this means that Spotify will not refund any remaining portion of subscription fees you have already paid for. Spotify reserves the right to terminate this Agreement or suspend your Spotify account at any time in case of unauthorised, or suspected unauthorised, use of the Spotify Software Application or the Spotify Service. If Spotify terminates this Agreement, or suspends your Spotify account for any of the reasons set out in this section, Spotify shall have no liability or responsibility to you, and Spotify will not refund any amounts that you have previously paid.

14. No warranty

The use of the Spotify Software Application and the Spotify Service (including but not limited to its content) is at your own risk. The Spotify Software Application and the Spotify Service is provided on an “as is” and “as available” basis. To the fullest extent possible under applicable law, Spotify gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Spotify Software Application or the Spotify Service. In addition, Spotify does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the Spotify Service or any hyperlinked website, or featured in any banner or other advertising. Consequently Spotify will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the Spotify Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Spotify shall create any warranty on behalf of Spotify in this regard.

15. Limitation of liability

In no event shall Spotify, its affiliates, officers, directors and employees be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the Spotify Software Application or the Spotify Service (including but not limited to its content), even if you have advised Spotify about the possibility of such loss, and including any damages resulting therefrom.

Your only right with respect to any problems or dissatisfaction with the Spotify Software Application and the Spotify Service is to uninstall the Spotify Software Application and to stop using the Spotify Service.

Nothing in this Agreement removes or limits Spotify’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.

16. Indemnity

You agree to indemnify and hold Spotify and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

17. Intellectual property

Spotify respects intellectual property rights, and expects you to do the same. Please note therefore that the Spotify Software Application, the Spotify Service and the content provided through the Spotify Service is the property of Spotify or Spotify's licensors and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use the Spotify Software Application or the Spotify Service (including but not limited to its content) in any manner not covered by the Agreement.

Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Spotify Software Application or the Spotify Service.

18. Technology limitations and modifications

Spotify will make reasonable efforts to keep the Spotify Software Application and the Spotify Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Spotify reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Spotify Software Application and the Spotify Service with or without notice.

19. Privacy

You agree that Spotify has a right to collect and process your personal information in accordance with the Spotify Privacy Policy.

20. Assignment by Spotify

Spotify may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.

21. Entire agreement

This Agreement together with the Spotify Privacy Policy and the Mobile Terms constitutes all the terms and conditions agreed upon between you and Spotify and supersede any prior agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication from you to Spotify are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Spotify not contained in this Agreement.

22. Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.

23. Governing law and disputes

This Agreement shall be governed and construed in accordance with the laws of the country of your residence. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the non-exclusive jurisdiction of the court or other tribunal closest to your home with the appropriate knowledge and expertise to deal with such dispute, controversy or claim.

24. English version prevails

In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

Spotify Ltd | 103 New Oxford Street | London WC1A 1DD | United Kingdom