Spotify Discovery Tool Terms and Conditions

Effective 2020-04-24

1 Introduction
2 Changes to the Agreements
3 Rights We Grant You
4 User Guidelines
5 Confidential Information
6 Infringement and Reporting User Content
7 Service Limitations and Modifications
8 Data Insights; Mistakes
9 Term and Termination
10 Warranty and Disclaimer
11 Limitation
12 Third Party Rights
13 Entire Agreement
14 Severability and Waiver
15 Assignment
16 Indemnification
17 Choice of Law, Mandatory Arbitration and Venue
18 Miscellaneous
19 Contact us

Hello, and welcome to the Spotify Discovery Tool Terms and Conditions (“Spotify Discovery Tool Terms”).

Please read these Spotify Discovery Tool Terms, our Privacy Policy and any other terms referenced in this document carefully. We hope you’re sitting comfortably and listening to some great music. Here we go…

1. Introduction

Thanks for using the Spotify Discovery Tool, one part of the service, websites and software applications (together, the “Spotify Service”) offered by Spotify AB (“Spotify,” “we”, “us”, “our”). The Spotify Discovery Tool is a service we offer that gives you the ability to learn more about the streaming generation.

By signing in or otherwise using the Spotify Discovery Tool service (the “Service”), or accessing any content or material that is made available by Spotify through the Service (the “Content”), you are entering into a binding contract with Spotify. Your use of the Service is also subject to the Spotify Terms and Conditions of Use available here (the “Spotify Terms and Conditions”) and Spotify’s Privacy Policy (“Privacy Policy”). In the event of any conflict between a provision in the Spotify Terms and Conditions and the Spotify Discovery Tool Terms, the provisions of these Spotify Discovery Tool Terms will govern.

Your agreement with us includes these Spotify Discovery Tool Terms and our Privacy Policy (the Spotify Discovery Tool Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section in Section 18 below, are referred to together as the “Agreements”). If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on Spotify’s website. You acknowledge that you have read and understood the Agreements, have had the opportunity to review the Agreements with legal counsel even if you have chosen not to do so, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Service. By using the Service, you further consent to receiving communications from us as further described in the Privacy Policy available here. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including written communications. All Agreements are hereby incorporated by reference into these Spotify Discovery Tool Terms.

Please read the Agreements carefully. They cover important information about the Service provided to you. The Agreements include information about, among other things, future changes to the Agreements, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.

In order to use the Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, (3) not have been previously barred from the Service for violating these Agreements or for violating any other agreement to which you are a party, and (4) be resident in a country where the Service is offered. If you are using or opening an account on the Service on behalf of a company, entity or organization (including an agency) (each a “Subscribing Entity”), then you represent and warrant that: (x) you are an authorized representative of that Subscribing Entity with the authority to bind such entity to the Agreements, regardless of whether you remain an authorized representative of that Subscribing Entity, (y) the Subscribing Entity agrees to be bound by the Agreements, and (z) you agree to be bound by the Agreements on behalf of such Subscribing Entity. You also promise that any registration information that you submit to Spotify is true, accurate, and complete, and you agree to keep it that way at all times.

2. Changes to the Agreements

We may make changes to the Agreements in our sole discretion. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by posting a revised version within the applicable part of the Spotify Service. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us at partnerdiscoverytool@spotify.com. Notwithstanding the preceding sentences of this paragraph, no revisions to the Agreements will apply to any dispute between you and us that arose prior to the date of such changes.

3. Rights We Grant You

The Spotify Discovery Tool Service and the Content within the Spotify Discovery Tool Service are the property of Spotify or Spotify's licensors. We grant you a limited, non-exclusive, revocable license to make use of the Service solely as permitted by these Spotify Discovery Tool Terms (the “License”), and that you will not redistribute or transfer the Service or the Content. This License shall remain in effect until and unless terminated by you or Spotify.

The Content is licensed, not sold, to you, and Spotify and its licensors retain ownership of all copies of the Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).

All Spotify trademarks, service marks, trade names, logos, domain names, and any other features of the Spotify brand (“Spotify Brand Features”) are the sole property of Spotify or its licensors. The Agreements do not grant you any rights to use any Spotify Brand Features whether for commercial or non-commercial use, and all goodwill generated from the use of any Spotify Brand Features will inure solely to Spotify.

You agree to abide by our user guidelines and not to use the Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Spotify grants no right, title, or interest to you in the Service or Content, by implication, estoppel or otherwise. All rights not granted to you are expressly reserved by Spotify.

4. User Guidelines

Spotify respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Spotify stays enjoyable for everyone. The current rules are listed below, but these may be updated, or we may provide you with additional rules, from time to time, consistent with Section 2 above. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason whatsoever:

4.1 copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Service or the Content, or otherwise making any use of the Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Service or the Content or any part of it;

4.2 using the Service to import or copy any local files you do not have the legal right to import or copy in this way;

4.3 transferring copies of cached Content from an authorized Device to any other Device via any means;

4.4 reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Service, Content or any part thereof unless permitted by applicable law;

4.5 circumventing any technology used by Spotify, its licensors, or any third party to protect the Content or the Service;

4.6 selling, renting, sub-licensing or leasing of any part of the Service or the Content;

4.7 circumventing any territorial restrictions applied by Spotify or it licensors;

4.8 taking any action that imposes an unreasonable load on the Service;

4.9 removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

4.10 “crawling” the Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Spotify;

4.11 framing or linking to any of the materials or information available on the Service; or

4.12 deleting or altering any material Spotify makes available on the Service.

Please respect Spotify, the owners of the Content, yourself, and other users of the Service. Don’t engage in any activity or register and/or use a username, which is or includes material that:

4.13 would violate any agreement to which you are a party;

4.14 is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Spotify or a third party;

4.15 interferes with or in any way disrupts the Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Spotify’s computer systems, network, usage rules, or any of Spotify’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or

4.16 conflicts with the Agreements, as determined by Spotify.

You agree that you will not assist or permit any person in engaging in any of the activities in Sections 4.1 through 4.16.

Spotify may also reclaim your username for any reason, including, but not limited to, for the purpose of giving your username to another user of the Service, and Spotify will have no liability to you if it does so.

You will be able to sign in to the Service using the credentials provided to you by Spotify. As always, your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

5. Confidential information

As used in these Spotify Discovery Tool Terms, "Confidential Information" means any nonpublic and/or proprietary information that: (a) if disclosed in writing, is labeled as “confidential” or “proprietary”; (b) if disclosed orally, is designated confidential at disclosure; or (c) by its nature and/or the circumstances of its disclosure, should be reasonably considered as confidential. For the sake of clarity, all Content as well as access credentials to the Service shall be deemed Confidential Information under these Spotify Discovery Tool Terms. You shall keep Confidential Information strictly confidential and not disclose such Confidential Information to any third party without Spotify's prior written consent. You shall treat such Confidential Information with the same degree of care that you treat your own Confidential Information, but in no event less than a reasonable degree of care. You may only use the Confidential Information for evaluation purposes and shall not use the Confidential Information for any other purpose whatsoever. Spotify may use any Content or feedback to improve its offering or services, subject to the restrictions herein. You may disclose the Confidential Information only to your employees, agents, consultants, or contractors (“Representatives”) on a strictly “need to know” basis. You shall ensure that your Representatives are bound by obligations no less extensive than those set out in these Spotify Discovery Tool Terms. You shall be liable to Spotify pursuant to the provisions set forth in these Spotify Discovery Tool Terms for any breach by a Representative. Confidential Information shall not include information that (a) was known to the you prior to the time of disclosure by the Spotify; (b) was in the public domain prior to the time of execution of these Spotify Discovery Tool Terms, or which comes into the public domain through no fault or breach of these Spotify Discovery Tool Terms by you; or (c) has been independently developed by you without reference to or use of the Confidential Information.

6. Infringement and Reporting User Content

Spotify respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Spotify’s copyright policy, available at https://www.spotify.com/legal/copyright-policy. If Spotify is notified by an intellectual property owner or their agent that any Content infringes a protected legal right, then Spotify may, in its absolute discretion, take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit 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 fill out our notice form.

7. Service Limitations and Modifications

Spotify will make reasonable efforts to keep the Service operational. However, Spotify makes no assurances that the Service will be available continuously on a 24 x 7 x 365 basis. Certain technical difficulties or maintenance may result in temporary interruptions. Spotify reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand, agree, and accept that Spotify has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Spotify and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law or the Agreements.

8. Data Insights; Mistakes

You acknowledge that the Service is a service that we are providing to you for use at our discretion. The Service may provide you with the ability to view audience and content insights. While we work hard to ensure the accuracy of the data, we do not guarantee that the Service or the data we collect from the Service will be available error-free or that mistakes, including mistakes in the data insights that we provide to you, will not happen from time to time. Where there is a glitch or mistake in the Service, we will take all reasonable efforts to address or correct these mistakes. You agree that you will hold us harmless against any damage, liability, or costs that you incur as a result of a mistake, error, or glitch in this free service or arising from your use of the data. All data is provided to you “As Is.” You use all such data provided by us at your sole risk and discretion.

9. Term and Termination

The Agreements will continue to apply to you until terminated by either you or Spotify. Spotify may terminate the Agreements or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service and/or Content, or non-compliance with the Agreements, without notice and without liability to you. If you or Spotify terminate the Agreements, or if Spotify suspends your access to the Service, you agree that Spotify shall have no liability or responsibility to you, to the fullest extent permitted under applicable law. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.

Sections 1, 3, 4, 5, and 7-18 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

10. Warranty and Disclaimer

THE FOLLOWING WARRANTY DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW:

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SPOTIFY DISCOVERY TOOL SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SPOTIFY DISCOVERY TOOL SERVICE AT YOUR OWN RISK. SPOTIFY AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER SPOTIFY NOR ANY OWNER OF CONTENT WARRANTS THAT THE SPOTIFY DISCOVERY TOOL SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SPOTIFY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF) OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON, THROUGH OR FROM THE SPOTIFY DISCOVERY TOOL SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT SPOTIFY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SPOTIFY DISCOVERY TOOL 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.

THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

11. Limitation

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SPOTIFY DISCOVERY TOOL SERVICE IS TO UNINSTALL ANY SPOTIFY SOFTWARE AND TO STOP USING THE SPOTIFY DISCOVERY TOOL SERVICE. WHILE SPOTIFY ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SPOTIFY, 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.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPOTIFY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SPOTIFY DISCOVERY TOOL SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SPOTIFY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SPOTIFY DISCOVERY TOOL SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SPOTIFY DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the Agreements removes or limits Spotify’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by law.

12. 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 Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Spotify, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

13. Entire Agreement

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

Please note, however, that other aspects of your use of the Service may be governed by additional agreements. To the extent that there is any irreconcilable conflict between any additional terms and these Spotify Discovery Tool Terms, the additional terms shall prevail.

14. Severability and Waiver

Unless as otherwise stated in the Agreements, should any provision of the Agreements 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 Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Spotify or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Spotify’s or the applicable third party beneficiary’s right to do so.

15. Assignment

Spotify may assign the Agreements or any part of them, and Spotify may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

16. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold Spotify harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of the Agreements; (2) any activity in which you engage on or through the Service; and (3) your violation of any law or the rights of a third party.

17. Choice of Law, Mandatory Arbitration and Venue

17.1 Governing Law / Jurisdiction

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of California, United States of America, without regard to choice or conflicts of law principles.

Further, you and Spotify agree to the jurisdiction of the Northern District of California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising out of or in connection with them) and is not subject to mandatory arbitration under Section 17.2.1.

Spotify does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.

17.2 ARBITRATION AGREEMENT

This arbitration agreement applies only to users in the United States.

17.2.1 Dispute resolution and arbitration

You and Spotify agree that any dispute, claim, or controversy between you and Spotify arising in connection with or relating in any way to these Agreements or to your relationship with Spotify as a user of the Service (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 Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Spotify further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. 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 any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

17.2.2 Exceptions

Notwithstanding clause 17.2.1 above, you and Spotify both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, (2) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (3) bring an individual action seeking only temporary or preliminary injunctive relief in a court of law, pending a final ruling from the arbitrator.

17.2.3 No Class or Representative Proceedings: Class Action Waiver

YOU AND SPOTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Spotify 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.

17.2.4 Arbitration rules

Either you or we may start arbitration proceedings. Any arbitration between you and Spotify will take place under the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (“AAA”) then in force (“AAA Rules”), as modified by this Arbitration Agreement. You and Spotify agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Spotify can also help put you in touch with the AAA.

Any arbitration hearings will take place in New York, NY, or at a location mutually agreed upon by the parties, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the relevant AAA rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

17.2.5 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.

17.2.6 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, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Spotify's address for Notice 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 claim or dispute; and (2) set forth the specific relief sought ("Demand"). 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 Spotify may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Spotify 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 favor, Spotify shall pay you the greater of (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Spotify 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.

17.2.7 Enforceability

If any portion of this Arbitration Agreement (Section 17.2) is found to be unenforceable in court or in arbitration, then the entirety of the Arbitration Agreement (Section 17.2) shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 17.1 shall govern any action arising out of or related to the Agreements.

18. Miscellaneous

18.1 Entire Agreement

The Agreements constitute the entire agreement between you and Spotify relating to the subject matter herein and therein and supersede all previous and contemporaneous communications, representations, understandings and agreements, either oral or written, between you and Spotify with respect to your use of the Service. These Spotify Discovery Tool Terms shall not be modified except in writing signed by both parties, except for Spotify’s right to modify the terms as described above.

18.2 Waiver

A provision of the Agreements may be waived only by a written instrument executed by the party entitled to the benefit of such provision. No failure or delay on the part of Spotify in the exercise of any power or right under the Agreements shall operate as a waiver thereof. No single or partial exercise of any right or power under the Agreements shall operate as a waiver of such right or of any other right or power. The waiver by Spotify of a breach of any provision of the Agreements shall not operate or be construed as a waiver of any other or subsequent breach of the Agreements.

18.3 Severability

If any provision of the Agreements shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreements and shall not affect the validity and enforceability of any remaining provisions.

18.4 No Agency

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Spotify as a result of the Agreements or use of the Service.

18.5 Headings

The heading references in the Agreements are for convenience purposes only, do not constitute a part of the Agreements, and shall not be deemed to limit or affect any of the provisions hereof or thereof.

19. Contact us

If you have any questions concerning the Service or the Agreements, please contact partnerdiscoverytool@spotify.com.

If you are a California resident, you may have the Agreements mailed to you electronically by sending a letter to Spotify, Attn: General Counsel, 45 West 18th Street, 7th Floor, New York, New York 10011, USA with your email address and a request for the Agreements. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

Thank you for reading our Spotify Discovery Tool Terms. We hope you enjoy the Spotify Discovery Tool!

Contracting entity:

Spotify AB, Birger Jarlsgatan 61, 113 56 Stockholm, Sweden
SE556703748501