Spotify Greenroom Terms of Use

Last Update: December 17th, 2021 ("Effective Date")

From time to time we clarify our Terms of Use to make them easier to understand. As of the Effective Date, we're updating these Terms of Use to, among other things, clarify the terms applicable to Spotify-Produced rooms on Greenroom.

1. Introduction

Please read these Terms of Use (these "Terms") carefully as they govern your use of (which includes access to) Spotify Greenroom ("Greenroom"), a service owned by Spotify ("Spotify", "we", "us", "our") and any recordings, audio, transcripts, text chats, or other material that is made available through Greenroom or Spotify (the "Content").

Use of Greenroom may be subject to additional terms and conditions presented by Spotify, which are hereby incorporated by this reference into these Terms.

By signing up for Greenroom, or otherwise using or accessing the Content, you agree to these Terms. If you do not agree to the Terms, then you must not use Greenroom or access any Content.

Service Provider

These Terms are between you and Spotify AB, Regeringsgatan 19, 111 53, Stockholm, Sweden.

Age and eligibility requirements

In order to use Greenroom and access any Content, you need to (1) be at least 13 years old (or at least the age required by any applicable laws in your country or region of residence), (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country or region where Greenroom is available. You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.

2. Changes to the Terms

We may make changes to these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised version on the Spotify website provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other means. Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of Greenroom, or your accessing of the Content, following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using Greenroom under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.

3. Using Greenroom

Creating a Greenroom account

You may need to create an account to use all or part of Greenroom. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. You must notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.

You also agree that we may reclaim your username where it is reasonable for us to do so, including if you have violated the Terms.

Creating and recording rooms

Greenroom includes functionality where you may be given the ability to create rooms for live audio conversations. If you create the room you act as the host ("Host") of all conversations that occur in the room ("Conversations"). In some cases, Spotify, directly or indirectly, may create a room and act as the Host. Users who join the room may request to speak, and if their request is accepted by the Host or other designee, they may choose to speak in the Conversation ("Speakers") while others in the room listen in the audience ("Audience").

If you choose to speak in a room and take part in a Conversation, then audio recordings of your voice will be temporarily processed in order for us to provide the live audio chat. In addition, copies of the audio from Conversations may be retained for the following reasons:

• For safety reasons: Copies of Conversations are retained by Spotify in case there is any need to investigate an incident, such as Trust and Safety incident reports and alleged infringement of intellectual property rights; and
• If enabled by the room's host: In addition, rooms on Greenroom may include functionality which enables a Host, including Spotify in connection with rooms produced or Hosted by Spotify or a third party engaged by Spotify ("Spotify-Produced Rooms") as described in Section 6, to choose to record the Conversation and to receive a copy of that recording. Without limiting the rights herein, Hosts are responsible for informing Speakers that they have chosen to record the Conversation and explaining the purposes for which the recording will be used. One such purpose may include, but is not limited to, instances where a Host has chosen to record the Conversation for purposes of later making such recording into a podcast to be consumed on-demand. If you choose to participate as a Speaker, you consent to being recorded and to the use of such recordings by the Host and its licensees. If you do not wish to be recorded for this purpose, you can choose to leave the room or remain in listen-only mode as part of the Audience.

Your audio will only ever be captured if you speak in the room with your microphone unmuted. We don't capture audio from: (a) muted Speakers; or (b) the Audience.

For more information about how personal data is used in relation to room recordings, please visit Greenroom's Privacy Policy. For more information about the licences you grant in relation to room recordings, please see Sections 5 and 6 below.

Your rights to use Greenroom

Access to Greenroom

Subject to your compliance with the Terms, we grant you limited, non-exclusive, revocable permission to make use of Greenroom, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, "Access"). This Access shall remain in effect until and unless terminated by you or us. You promise and agree that you are using Greenroom and Content for your own personal, non-commercial use and that you will not redistribute or transfer Greenroom or the Content.

Our software applications and the Content are not sold or transferred to you, and we and our licensors shall retain ownership of all copies of Greenroom software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices ("Devices").

Proprietary rights of Spotify and its licensors.

The Greenroom Service and the Content are either our or our licensors' property. All Spotify and Greenroom trademarks, service marks, trade names, logos, domain names, and any other features of the Spotify and/or Greenroom brands ("Brand Features") are the sole property of Spotify or its licensors. The Terms do not grant you any rights to use any Brand Features whether for commercial or non-commercial use.

You agree to abide by the user guidelines set out at Section 7 below ("User Guidelines") and not to use Greenroom, the Content, or any part thereof in any manner not expressly permitted by the Terms. Except for the rights expressly granted to you in the Terms, we grant no right, title, or interest to you in Greenroom or Content.

Brand Accounts

If you establish an account on behalf of a company, organisation, entity, or brand (a "Brand", and such account a "Brand Account"), the terms "you" and "your," as used throughout the Terms, apply to both you and the Brand. If you create a Brand Account, you represent and warrant that you are authorised to grant all permissions and licences provided in the Terms and to bind the Brand to the Terms.

Without limiting anything in the User Guidelines, a Brand may use Greenroom provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and any other person, unless the Brand has independently obtained the rights to imply such an endorsement. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration provided to any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.

4. Third Party Applications and Devices

The Greenroom Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Spotify does not guarantee that Third-Party Applications and Devices will be compatible with Greenroom.

5. User Content

Contributing User Content

Greenroom users may be given the ability to add, create, submit, distribute, post, upload, communicate, convey, or otherwise contribute ("Contribute") information, materials, and other content to Greenroom ("User Content").

You are solely responsible for all User Content that you Contribute. You promise that, with respect to any User Content you Contribute, (1) you own or have the right to Contribute such User Content, and (2) such User Content, or its use pursuant to the licenses granted herein, does not: (i) violate the Terms, applicable law, or the intellectual or other rights of any third party; and/or (ii) imply any affiliation with or endorsement of you or your User Content by us or any creator, artist, band, label, entity or individual without express prior written consent from us or such individual or entity.

In Contributing User Content or other information on Greenroom, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others and across the web, so please use caution in Contributing User Content on Greenroom, and be mindful of your account settings.

Monitoring User Content

We may, but have no obligation to, monitor, review, or edit User Content. In all cases, we reserve the right to remove or disable access to any User Content for any or no reason, including User Content that, in our sole discretion, violates the Terms. We may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

We are not responsible for User Content nor do we endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO USER CONTENT THAT YOU CONTRIBUTE, THEN, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

6. Spotify-Produced Rooms

As explained in Section 3, Spotify may from time to time provide and record Spotify-Produced Rooms. Spotify will own all recordings made by or for Spotify of Conversations occurring in Spotify-Produced Rooms and all rights in those recordings (including copyright). As owner of the recordings, Spotify will have the unrestricted, sublicensable, transferable right to use the recordings for any purpose, including to incorporate the recordings in, and/or make the recordings available as, podcasts and other forms of audio programming and to use the recordings in advertising, marketing or promotional materials and communications for Spotify, Greenroom and/or such podcasts or other programming, throughout the world, in perpetuity, through any medium, whether alone, in part or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. For the avoidance of doubt, Spotify may add to, subtract from, modify, edit, mix, re-mix, arrange, revise and/or adapt the recordings made by or for Spotify of Conversations in its sole discretion.

In addition to the rights and consents outlined in Section 3, by participating as a Speaker in a Spotify-Produced Room, you grant Spotify and those designated by it the right to use your voice, statements by you and, to the extent included in Conversations, your name, as incorporated in the recordings of the room, in and in connection with the use of the recordings (including, without limitation, in podcasts and other forms of audio programming and in advertising, marketing or promotional materials and communications for Spotify, Greenroom and/or such podcasts or other programming). In addition, by participating as a Speaker in a Spotify-Produced Room, you hereby (a) waive any right that you may have to inspect or approve any use of any recording of the room or your voice or statements as incorporated in such recording, and (b) release Spotify, each of its parent companies, subsidiaries and affiliates, each of their respective successors and assigns and the agents, employees, contractors and licensees of each of the foregoing from any and all claims or demands of any kind that you may have, or that any of your heirs, executors, administrators or assigns may have, and from any and all liabilities of any kind, in connection with any use of any recording of the room or your voice and/or statements as incorporated in such recording, including without limitation, claims based upon invasion of privacy, defamation, false light, intentional infliction of emotional distress or violation of the right of publicity.

Your rights and remedies in the event of any claim or action relating to any use of any recording of the room or your voice as incorporated in such recording will be limited to the right, if any should exist, to recover money damages. You will not in any event seek injunctive or other equitable relief with respect to any use of such recordings or your recorded voice, or terminate any grant of rights contained in these Terms

For clarity, information, materials, and other content Contributed by you in a Spotify-Produced Room constitutes User Content and is subject to the grant of rights made by you in Section 7 below.

7. Rights you grant us and others

User Content.

You retain ownership of your User Content. Using Greenroom does not cause you to lose ownership of your User Content.

However, in order for us to make your User Content available on Greenroom and Spotify and to run Greenroom successfully, we do need a limited license from you to use that User Content. Accordingly, you hereby grant to us a non-exclusive license to reproduce, communicate to the public, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone, in part or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with Greenroom or Spotify. This license is worldwide, fully-paid, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable.

Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback (defined below) and your right to object to derogatory treatment of such User Content. If such moral rights are not waivable, then you at least agree not to sue us for failure to identify you as the author of any User Content or for any use of your User Content on or in connection with Greenroom or Spotify.

Provided content

If you choose to speak in a room that is being recorded by a Host, then the User Content you Contribute to the Conversation, such as the things you say ("Provided Content") may be included in the final recording of the room. For more information about the recording of rooms by a Host please see Section 3 above and our Privacy Policy.

If you Contribute Provided Content, you grant to the Host a non-exclusive license to reproduce, exploit, communicate to the public, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such Provided Content (to the extent it is incorporated in the recording of the room, and such recording was captured through the use of Greenroom's room recording functionality), through any medium, whether alone, in part or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, for any purpose. This license is worldwide, fully-paid, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable.

Sharing of your Provided Content is voluntary, and the receipt of any Provided Content by the Host creates no obligation to incorporate or otherwise use such Provided Content. You also agree that, if the Host decides to use your Provided Content, this does not result in you obtaining any ownership interest in any associated content or User Content.

Feedback

If you provide feedback, ideas, or suggestions to us in connection with Greenroom or Content ("Feedback"), you acknowledge that the Feedback is considered a type of User Content, is not confidential, and you authorise us to use that Feedback without restriction and without any compensation to you.

Your Device

In consideration for the rights granted to you under the Terms, you grant us the right to (1) allow Greenroom or Spotify, as applicable, to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of Greenroom, (2) provide advertising and other information to you, and (3) allow our business partners to do the same.

Content experience

In any part of Greenroom, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including our agreements with third parties. Some Content licensed by, provided to, created by, or otherwise made available by us may incorporate advertising, and we are not responsible for any such advertising.

8. User Guidelines

We respect intellectual property rights and expect you to do the same. We've established a few ground rules for you to follow when using Greenroom, to make sure it stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:

1. copying, redistributing, reproducing, "ripping," recording, transferring, performing or communicating to the public, broadcasting, or making available to the public any part of Greenroom or the Content, or otherwise making any use of Greenroom or the Content which is not expressly permitted under the Terms or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in Greenroom or the Content or any part of it;
2. using Greenroom to import or copy any local files that you do not have the legal right to import or copy in this way;
3. transferring copies of cached Content from an authorised Device to any other Device via any means;
4. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of Greenroom, Content or any part thereof except to the extent permitted by applicable law. If applicable law allows you to decompile any part of Greenroom or the Content where required in order to obtain the information necessary to create an independent program that can be operated with Greenroom or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of Greenroom or the Content;
5. circumventing any technology used by us, our licensors, or any third party to protect the Content or Greenroom;
6. selling, renting, sublicensing, or leasing of any part of Greenroom or the Content;
7. circumventing any territorial restrictions applied by us or our licensors;
8. artificially increasing play counts, room participant counts, view counts, share counts, follow counts, or otherwise manipulating Greenroom by (i) using any bot, script, or other automated process; (ii) providing or accepting any form of compensation (financial or otherwise) other than from the Greenroom Creator Fund, or (iii) any other means;
9. removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or Greenroom or provided through Greenroom (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
10. circumventing or blocking advertisements in Greenroom, or creating or distributing tools designed to block advertisements in Greenroom;
11. providing your password to any other person or using any other person's username and password;
12. "crawling" Greenroom or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from us or Greenroom;
13. selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account, channel or playlist or the content included on an account, channel or playlist;
14. artificially promoting Content by automated means or otherwise; or

Please respect Greenroom, the owners of the Content, and other users of Greenroom. Don't engage in any activity, Contribute any User Content, or register and/or use a username, which is or includes material that:

1. is offensive, abusive, defamatory, pornographic, threatening, or obscene;
2. is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of ours or a third party;
3. includes your password or purposely includes any other user's password or purposely includes personal data of third parties or is intended to solicit such personal data;
4. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to Greenroom;
5. is intended to or does harass or bully other users;
6. impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
7. involves the transmission of unsolicited mass mailings or other forms of spam ("spam"), junk mail, chain letters, or similar;
8. involves unauthorised commercial or sales activities, such as advertising, promotions, contests, sweepstakes, gambling, bookmaking or pyramid schemes;
9. involves unauthorised linking to, referencing, or otherwise promotion of commercial products or services;
10. interferes with or in any way disrupts Greenroom, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in Greenroom or our computer systems, network, usage rules, or any of our security components, authentication measures or any other protection measures applicable to Greenroom, the Content or any part thereof;
11. conflicts with the Terms, as determined by us; or
12. has been removed from any of our services for a breach of our terms or policies, such as a prohibited track or show. This includes content being created or repurposed to reconstitute or serve the same objective as a previously removed content

You acknowledge and agree that violating these User Guidelines may result in removal of your User Content and/or immediate termination or suspension of your account.

We try to make Greenroom broadly available to everyone, but you cannot use Greenroom if we've previously disabled your account on any of our services for a breach of our terms or policies. We also prohibit attempts to circumvent prior enforcement actions, including through the creation of new accounts.

9. Infringement and reporting Content

If you believe that any Content infringes your intellectual property rights or other rights, or does not comply with our User Guidelines you can submit a report to us using our in-app reporting tools.

10. Service limitations and modifications

We will make reasonable efforts to keep Greenroom operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions.

We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of Greenroom, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of Greenroom or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to Greenroom, or to implement advancements in science and technology or ensure the operability or the security of Greenroom, legal and regulatory reasons.

You understand, agree, and accept that we will make reasonable efforts, although have no obligation to maintain, support, upgrade, or update Greenroom, or to provide all or any specific content through Greenroom. We and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

11. Customer support

For customer support with account-related and payment-related questions ("Customer Support Queries"), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

You can also file a complaint at the online platform for alternative dispute resolution (ODR-platform). You can find the ODR-platform through the following link: https://ec.europa.eu/consumers/odr.

12. Export control

Our products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"). You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.

You agree to comply with all applicable export and re-export control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from us under the Terms to any destination, entity, or person or for any end use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorisation from the competent government authorities as required by those laws and regulations.

13. Term and termination

The Terms will continue to apply to you until terminated by either you or us. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Terms for any reason. We may terminate the Terms or suspend your access to Greenroom at any time, including in the event of your actual or suspected unauthorised use of Greenroom and/or Content, non-compliance with the Terms, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If you or we terminate the Terms, or if we suspend your access to Greenroom, you agree that we shall have no liability or responsibility to you, and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Terms at any time. To learn how to terminate your account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.

Sections 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 herein, as well as any other sections of the Terms that, either explicitly or by their nature, must remain in effect even after termination of the Terms, shall survive termination.

14. Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE GREENROOM SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WE NOR ANY OWNER OF CONTENT WARRANTS THAT THE GREENROOM SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE MAKE NO REPRESENTATION NOR DO WE WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE GREENROOM SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.

NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY ON OUR BEHALF. WHILE USING GREENROOM, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.

WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING OUR LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING GREENROOM UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

15. Limitation

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH GREENROOM IS TO UNINSTALL ANY OF OUR SOFTWARE AND TO STOP USING GREENROOM. YOU AGREE THAT WE HAVE NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH GREENROOM, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO US, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL WE, OUR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR(E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO GREENROOM OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US, IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE GREENROOM, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO GREENROOM, THE CONTENT, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO US DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR (4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND OUR REASONABLE CONTROL.

Greenroom is intended to provide discussion of topics of interest for informational and/or entertainment purposes only. Participation in a room does not create a professional or client relationship with the Host or any Speaker or Audience member. Any comment, discussion or interaction in a room does not constitute any form of professional advice, including any medical advice, diagnosis or treatment. Do not rely on comments by any participant of the room with respect to any matter as to which professional advice is necessary or desirable. Consult an appropriate professional advisor when needed. Spotify is not responsible for any reliance on any information provided by any participant in a room (including any Host or Speaker) or for the accuracy, reliability, suitability or completeness of any such information.

User Content may be heard by others, will not be private and may be recorded as provided in Section 3, Section 6, and our Privacy Policy. If you choose to speak in a room, do not disclose sensitive personal information or other information that you would not want publicly known.

NOTHING IN THE AGREEMENTS REMOVES OR LIMITS OUR LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, AND, IF REQUIRED BY APPLICABLE LAW, GROSS NEGLIGENCE.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

16. Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Terms and have the right to enforce the Terms directly against you. Other than as set out in this section, the Terms are not intended to grant rights to anyone except you and us, and in no event shall the Terms create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Terms are not subject to the consent of any other person.

If you have downloaded the Greenroom app (the "App") from the Apple, Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and us only, not with Apple, and Apple is not responsible for Greenroom and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Greenroom. In the event of any failure of Greenroom to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to Greenroom. Apple is not responsible for addressing any claims by you or any third party relating to Greenroom or your possession and/or use of Greenroom, including: (1) product liability claims; (2) any claim that Greenroom fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party claim that Greenroom and/or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using Greenroom. Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

17. Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and us, the Terms constitute all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

Please note, however, that certain aspects of your use of Greenroom may be governed by additional agreements, such as in relation to any paid for services or features. When you are presented with an offer for such additional services, you will be presented with any related additional agreements, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on our websites. To the extent that there is any irreconcilable conflict between any additional applicable terms and these Terms, the additional terms shall prevail.

18. Severability, waiver, and interpretation

Unless as otherwise stated in the Terms, should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by us or any third party beneficiary to enforce the Terms or any provision thereof shall not waive our or the applicable third party beneficiary's right to do so.

19. Assignment

We may assign the Terms, and any of its rights under the Terms, in whole or in part, and we may delegate any of our obligations under the Terms. You may not assign the Terms, in whole or in part, nor transfer or sub-license your rights under the Terms, to any third party.

20. Indemnification

You agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Terms or any one of them; (2) any User Content you Contribute; (3) any activity in which you engage on or through Greenroom; and (4) your violation of any law or the rights of a third party.

21. Choice of law, mandatory arbitration and venue

>21.1 Governing Law / Jurisdiction

If you are a consumer in the European Union or United Kingdom, the laws of the country in which you reside will apply to these Terms and any claim you make against us relating to or arising from these Terms, and you may resolve your claim in any competent court in the country in which you reside. In all other cases, unless otherwise required by applicable mandatory law, you agree that any claim you make against us must be resolved in a competent court in Sweden and that the laws of Sweden will govern these Terms and any claim, without regard to conflict of law provisions.

>21.2 CLASS ACTION WAIVER

WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

>21.3 ARBITRATION

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 21.3. is enforceable, the following mandatory arbitration provisions apply to you:

>>21.3.1 Dispute resolution and arbitration

You and we agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to these Terms or to your relationship with us as a user of Greenroom (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Terms.

>>21.3.2 Exceptions

Notwithstanding Section 21.3.1 above, you and we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.

>>21.3.3 Arbitration rules

Either you or we may start arbitration proceedings. Any arbitration between you and us will be finally settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce (the "ICC") then in force (the "ICC Rules") by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Terms, and will be administered by the International Court of Arbitration of the ICC.

Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be Swedish law, without regard to choice or conflicts of law principles.

>>21.3.4 Time for filing

Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

>>21.3.5 Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Our address for Notice is: Spotify, Attn: General Counsel, 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, New York 10007, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favour, we shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by us in settlement of the dispute prior to the arbitrator's award; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator's decision and award, neither you nor we shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.

>>21.3.6 Modifications

In the event that we make any future change to this arbitration provision (other than a change to our address for Notice), you may reject any such change by sending us written notice within 30 days of the change to our address for Notice, in which case your account with us shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.

>>21.3.7 Enforceability

If the class action waiver at Section 21.2 is found to be unenforceable in arbitration or if any part of this Section 21.3 is found to be invalid or unenforceable, then the entirety of this Section 21.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 21.1 shall govern any action arising out of or related to the Terms.

22. Contact us

If you have any questions concerning Greenroom or the Terms, please contact Customer Service by visiting the About Us section of our website.

Thank you for reading our Terms. We hope you enjoy Greenroom!

Contracting entity: Spotify AB

Regeringsgatan 19, SE-111 53 Stockholm

Sweden

SE556703748501

© Spotify AB.