Findaway Voices by Spotify

Terms of Use

Last updated: February 16, 2024

  1. Introduction

Please read these Terms of Use ("Terms") carefully as they govern your use of (which includes access to) Spotify's Findaway Voices services, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "Spotify Service" or "Service"), and any material that is made available through the Service ("Content").

Use of the Services 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, or otherwise using our Services, you agree to these Terms. If you do not agree to these Terms, do not access or use our Services.

Use of the Services is subject to the Privacy Policy and additional terms and conditions presented by Spotify, all of which are made part of these Terms by this reference.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 12 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Service Provider

These Terms are between you and Spotify USA Inc., a Delaware Corporation with offices at 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, New York 10007, and Spotify AB, of Regeringsgatan 19, 111 53 Stockholm, Sweden, with registered number 556703-7495 ("Spotify", "us", "we", or "our").

Age and eligibility requirements

BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS. Additionally, in order to use the Service, you represent that: you reside in a country where the Service is available, and any registration and account information that you submit to Spotify is true, accurate, and complete, and you agree to keep it that way at all times. You must notify us immediately of any change in your eligibility to use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change these eligibility criteria at any time.

  1. The Service
    1. Service Limitations and Modifications

      2. We provide the Service free of charge. We use reasonable efforts to keep the Service operational. However, Spotify reserves the right to change our Service offerings and their availability from time to time, without notice or liability to you. For example:

      The Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.

      We aim to evolve and improve our Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of or part of the Service (including, but not limited to, particular functions, features, and promotional offerings).

      The Service is constantly evolving and adapting to the needs of Spotify's Findaway Voices community. Spotify has no obligation to make any specific content available through the Service, and Spotify or the applicable owners may remove access to Content without notice.

      Your right to terminate these Terms if you no longer want to use the Service is set forth in Section 7 below.

      Spotify has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.

    2. Third Party Services

      3. The Services may permit you to link to or use other websites, services or resources, and other websites, services or resources may contain links to the Services. When you access third party resources, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such resources does not imply our endorsement or any association between us and their operators.

      You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such third party website, service or resource.

  2. Your Use of the Service
    1. Creating an account

      2. You may need to create an account to use all or part of the Service. 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. 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.

      Spotify may reclaim, or require you to change, your username for any reason.

    2. Your rights to use the Services

      3. Access to the Services

      Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use (except as otherwise provided herein) of the Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Spotify. You agree that you will not redistribute or transfer the Service or the Content.

      The Spotify software applications and the Content are licensed, not sold or transferred to you, and Spotify and its licensors retain ownership of all copies of the Spotify software applications and Content even after installation on your devices.

      Spotify's Proprietary Rights

      The Service and the Content are the property of Spotify or Spotify's licensors. 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. These Terms do not grant you any rights to use any Spotify Brand Features whether for commercial or non-commercial use.

    3. User Guidelines

      4. We've established guidelines for using the Service, to make sure the Service stays enjoyable for everyone ("Findaway Voices User Guidelines"). In using the Service, you must comply with the Findaway Voices User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.

      You can notify us about any content that is in breach of the Findaway Voices User Guidelines or applicable laws, and in particular any content that promotes crimes against humanity, encourages to commit or glorify acts of terrorism, encourages racial hatred, hatred against persons on the basis of their sex, sexual orientation, gender identity or disability, as well as child pornography, promotion of violence, including promotion of sexual and gender-based violence, as well as offenses against human dignity, by reporting the content via email at support@findawayvoices.com.

    4. Data Insights; Mistakes

      5. Except as otherwise stated in these Terms or the Payment Terms (as defined below), you acknowledge that the Service is a free service that we are providing to you for use at our discretion. The Services may provide you with the ability to view usage of your audiobook and demographic data on your fans and, for Monetized Content (as defined below), preliminary sales reporting data. While we work hard to ensure the accuracy of the data, we do not guarantee that the Services or the data we collect from the Services will be available error-free, or that mistakes, including mistakes in the data insights that we provide to you, will happen from time to time. Where there is a glitch or mistake in the Services, we will take all reasonable efforts to address or correct these mistakes. Consistent with Section 8 of these Terms, all data is provided to you “AS-IS.” You use all such data provided by us at your sole risk and discretion.

      Although Spotify takes reasonable precautions to preserve and protect the User Content stored in the database used by Spotify to provide the Services, you shall not rely on the Service as your only storage facility, and you should preserve backup copies of your User Content. Spotify is not liable for damage to, deletion of, or failure to store any content.

    5. Brand Accounts

      6. If you establish a Spotify account on behalf of a company, organization, entity, or brand ("Brand," and such account a "Brand Account"), the terms "you" and "your," as used throughout these Terms (including other Spotify terms and conditions incorporated by reference herein), apply to both you and the Brand.

      If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable Spotify terms and conditions) and to bind the Brand to these Terms.

      Brands must be transparent to our users about disclosing any endorsements or consideration provided to authors, narrators, artists, songwriters, users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.

    6. Export Control and Sanctions

      7. Certain Spotify products and services are subject to trade control laws, including the export control and economic sanctions laws of the United States, the European Union, the United Kingdom and other jurisdictions, including but not limited to the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), the International Traffic in Arms Regulations maintained by the U.S. Department of State, Regulation 2021/821 as amended (EU Dual-Use Regulation), the UK Export Control Act 2002 and the UK Export Control Order 2008 (collectively, "Trade Control Laws"). You represent and warrant that you are (1) not located in, organized under the laws of, or ordinarily resident in any country or territory subject to territorial sanctions ("Sanctioned Country"), nor are you owned by or acting on behalf of a Government subject to asset-blocking sanctions or any person or entity organized, located or ordinarily resident in a Sanctioned Country; and (2) not a person identified on, or more than 50% owned or controlled, directly or indirectly, by or acting on behalf or at the direction of any entity identified on, U.S., E.U., U.K., or other applicable government restricted party lists, such as the Specially Designated Nationals List maintained by OFAC, the Consolidated list of persons, groups and entities subject to EU financial sanctions, or the UK Consolidated List.

      You agree to comply with all applicable Trade Control Laws in your use of the Spotify Service. Specifically, you agree not to, directly or indirectly, use, sell, supply, 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 Spotify under these Terms to any destination, entity, or person or for any end use prohibited by applicable Trade Control Laws. Spotify shall not be required to act in any way that is prohibited under applicable Trade Control Laws, and it shall be in the sole discretion of Spotify to refrain from being directly or indirectly involved in the provision of products or services that may be prohibited under applicable Trade Control Laws.

  3. Content and Intellectual Property Rights
    1. User Content

      2. The content you post on Spotify's Findaway Voices

      Spotify users may post, upload, or otherwise contribute content to the Service ("User Content"). For the avoidance of doubt, “User Content” includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Service by users. For more information on User Content or other third-party content and its moderation, see the Findaway Voices Content Policy.

      You are solely responsible for all User Content that you post.

      You promise that, with respect to any User Content you post on the Service, (1) you own or have the right to post such User Content; (2) such User Content, or its use by Spotify pursuant to the license granted below, does not: (i) violate these Terms, including but not limited to the Findaway Voices Content Policy and Findaway Voices User Guidelines, applicable law, the regulations and rules of any guilds, unions or collectives, or violate or infringe the rights of any third party, including any intellectual property (including without limitation, copyright), publicity, privacy, personality, contract, or other rights of others; or (ii) imply any affiliation with or endorsement of you or your User Content by Spotify or any artist, band, label, or other individual or entity without the prior express written consent from Spotify or such individual or entity.

      In posting or sharing User Content or other information on the Service, please keep in mind that content and other information will be publicly accessible. Spotify is not responsible for what you or others post or share on the Service.

      Monitoring user content

      Spotify has no general obligation to monitor or review User Content. Spotify reserves the right to take measures that affect the availability, visibility, and accessibility of User Content. For more information on Spotify's actions against illegal content and content in violation of Spotify's policies (including Findaway Voices Content Policy and Findaway Voices User Guidelines), and for further details on how to report content, please refer to Findaway Voices Content Policy.

      You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that User Content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. To the extent permissible under applicable law, you agree that we have no responsibility or liability for the deletion or failure to store any User Content maintained or uploaded by the Services.

    2. Licenses that you grant to us

      3. User Content

      You retain ownership of your User Content when you post it to the Service. However, in order for us to provide the Service to you and distribute your User Content, we do need a limited license from you to that User Content. Accordingly, and without limiting any payment obligations under Section 5 herein, you hereby grant Spotify a non-exclusive, worldwide license to reproduce, make available, perform, display, distribute, and otherwise use your User Content on and in connection with the Spotify Service and the Distribution Services (as defined in Section 5). This license permits the use of the User Content by Spotify for systems and product management and development, testing, training, modeling, and implementation in connection with anti-piracy and anti-fraud measures and the discoverability, promotion, marketing, curation, distribution, and sale (or developing the user experience in connection therewith) of the User Content and the Spotify Service. Spotify’s distribution partners also have the right to distribute your User Content via the Distribution Services, subject to your right to discontinue distribution as described below in this Section 4 and/or to opt out from particular Distribution Partners as described in Section 5. For the sake of clarity, these Terms do not authorize Spotify to use User Content to create a new book, ebook or audiobook, or to use User Content to create a new, machine-generated voice without your permission.

      You also agree that, if you create your User Content with one or more collaborators, you will ensure that each such collaborator has granted to you all of the rights that you need in order for you to grant the licenses that you grant to us herein in such User Content.

      Discontinuation of Distribution

      You may request that Spotify cease to distribute the User Content at any time through the distribution workflow in the Service; provided, however, that Spotify and its distribution partners shall be permitted to continue providing users who purchased access to User Content prior to your withdrawal with continued access to such User Content. Spotify will make commercially reasonable efforts to remove the User Content within 30 business days of receipt of such notification from you, subject to these Terms, the Payment Terms, and any applicable distribution partner terms. You acknowledge that such removal requires action on the part of Spotify's distribution partners and may take longer than 30 business days to complete.

      Feedback

      If you provide feedback, ideas or suggestions to Spotify in connection with the Service or ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize Spotify to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

    3. Infringement claims

      4. Spotify respects the rights of intellectual property owners. If you believe that any Content infringes your copyright, trademark or other intellectual property rights, please contact us at support@findawayvoices.com. Alternatively, a notice of alleged copyright infringement may be sent to Spotify's designated copyright agent at the following address, with the following information:

      Spotify USA Inc.
      Attn: Legal Department, Findway Voices Copyright Agent
      4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, NY 10007
      1. Specific identification of each copyrighted work claimed to have been infringed;
      2. A description of where the material believed to be infringing is located on Spotify’s Findaway Voices Service (please be as detailed as possible and provide a URL to help us locate the material you are reporting, if possible);
      3. Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
      4. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law (such as fair use); and
      5. A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
      6. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; and
      7. A statement that you understand that your contact information and/or notice will be provided to the alleged infringing party, and retained as long as required for legal purposes.

      Without the above, we may not have sufficient information to process your claim.

      Spotify may pass your name and email address to the allegedly infringing party, and retain your information as long as required for legal purposes. Please note, fraudulent reports or other misuse of this process may result in the termination of your account and/or legal consequences. You may wish to consult an attorney before submitting a claim.

      Spotify reviews claims that are received through the channels identified above. When we receive a claim, we'll evaluate it and take appropriate action, which may include removing the reported content or disabling access in a specific country (or countries). We may communicate with the claimant and the user or creator who provided the content regarding the action(s) we take, if we choose to not take action, or if we need further information to assess the claim.

      Any content that infringes on another's copyright or trademark may be removed. Spotify also has a repeat infringer policy, meaning that a user or creator responsible for multiple violations may have their account terminated. If content is reinstated following an appeal or because a rights holder is retracting a claim, our repeat infringer policy will reflect that accordingly.

      In addition to reports from users and rights holders, we leverage a combination of automated and manual signals to detect and remove content that may infringe on another’s intellectual property. We are continuously evolving our efforts to protect the intellectual property of creators.

  4. Fees and Payment
    1. Distribution Services

      2. The Services include certain tools to enable Spotify to distribute your User Content to Spotify's distribution partners, including for the purpose of monetizing your User Content (collectively, the "Distribution Services"). Your use of the Distribution Services is subject to Spotify's Findaway Voices Payment Terms ("Payment Terms"). Spotify may, from time to time, add or remove new distribution partners, channels, business models, and associated royalties to the Distribution Services and Payment Terms. You will be automatically included in any of these new opportunities. Unless otherwise specified in the distribution workflow in the Service, you can opt out of any Findaway Voices distribution partner by notifying us in the distribution workflow, and, once you do so, Spotify will remove the Monetized Content (as defined below), in a commercially reasonable timeframe as outlined in these Terms. In addition to the Payment Terms, we may implement additional operating rules, policies and procedures relating to the use of Distribution Services from time to time, by posting them to our website(s) or through a notice provided through the Services, via e-mail or by another appropriate means of electronic communication. Such rules, policies and procedures, in addition to these Terms, will govern your access to and use of the Distribution Services. To the extent you use Distribution Services in connection with your User Content, such User Content will become "Monetized Content".

      You acknowledge that you may be required to have an account with our third party payment providers in order to use the Distribution Services. Your use of any such third party payment providers is subject to such provider's terms of use and privacy policy.

    2. Fees and Payment

      3. The amount of royalties earned through your use of the Distribution Services may be subject to certain fees retained by Spotify in accordance with the applicable sections of the Payment Terms or as otherwise presented to you. Without limiting anything herein to the contrary, Spotify also reserves the right to change the Payment Terms from time to time, with reasonable prior notice to you in writing. Fees may be withdrawn from revenue prior to it becoming available to you. The ability to withdraw revenue may be delayed before it becomes available to you, or may be subject to other restrictions such as minimum amount withdrawal thresholds.

    3. Suspension; Refunds

      4. If Spotify reasonably suspects any fraudulent activity or abuse in connection with your use of the Distribution Services in any way or believes you are in breach of these Terms, Spotify may, in its sole discretion and without limiting other remedies, limit, suspend, or terminate your account(s) and access to the Distribution Services, withhold payment, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. If, as a consequence of any of the preceding actions, Spotify issues a refund for any amounts paid for your Monetized Content, you shall be responsible for and shall reimburse Spotify for the amount of each such refund. Spotify shall have the right to offset any such amount against any payment otherwise due to you under these Terms.

    4. Monetized Content

      5. You are solely responsible for your Monetized Content and your usage of the Distribution Services and compliance with any laws or regulations related to them, including without limitation, the following:

      1. Any claims or warranties you make in connection with the Distribution Services and any claims made by other users against you as they relate to the Distribution Content or your usage of the Distribution Services;
      2. Compliance with any consumer, securities and related laws and regulations.

      You acknowledge and agree that Spotify is not responsible for examining or warranting the Monetized Content, and you will not attempt to hold Spotify or Spotify's third party service providers liable for inaccuracies. You shall ensure that all Monetized Content and other content and information is accurate. You further acknowledge and agree that, while Spotify has no obligation to do so, Spotify may monitor, review, revise, modify, analyze, evaluate, obfuscate or delete the Monetized Content, including any data or content associated with the Monetized Content, to, among other things, supplement, remove or correct information, in its sole discretion, as well as to provide you with optional recommendations to consider when creating and operating the Monetized Content.

  5. Contact

    6. For customer support queries, please contact us at support@findawayvoices.com.

  6. Problems and Disputes
    1. Suspending and terminating the Spotify Service

      2. These Terms will continue to apply to you until terminated by either you or Spotify. Spotify may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Service at any time if we believe you have breached any of these Terms, if we stop providing the Service or any material component thereof, as we believe reasonably necessary to comply with applicable law, or if we reasonably believe there has been conduct that creates liability or material harm to any user, other third party, Spotify or our affiliates.

      If Spotify terminates these Terms, or if Spotify suspends your access to the Service, due to breach of these Terms, if necessary to comply with applicable law or due to conduct that creates liability or material harm, you agree that Spotify shall have no liability or responsibility to you. If Spotify terminates these Terms because we stop providing the Service or a material component of it, Spotify will endeavor to provide you with notice of the termination including additional details about the termination such as when it will become effective. You may terminate these Terms at any time, in which case you may not continue accessing or using the Service. To learn how to terminate your account, please refer to our Customer Support page.

    2. Survival

      3. All provisions of these Terms of Use which by their nature should survive termination will survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  7. Warranty Disclaimers

    8. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, SPOTIFY AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE SERVICES AND CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SPOTIFY NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SPOTIFY MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, AND SPOTIFY IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SPOTIFY SHALL CREATE ANY WARRANTY ON BEHALF OF SPOTIFY. WHILE USING THE SERVICE, 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. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.

  8. Limitation of liability and time for filing a claim

    9. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY SPOTIFY SOFTWARE AND TO STOP USING THE SERVICE. YOU AGREE THAT SPOTIFY HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SPOTIFY, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE 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 OF OR INABILITY TO USE THE SPOTIFY SERVICE, DEVICES, 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 SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO SPOTIFY DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $30.00.

    For clarification, these Terms do not limit Spotify's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND OR FILING AN INDIVIDUAL ACTION AS SPECIFIED UNDER THE ARBITRATION AGREEMENT BELOW) 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.

  9. Indemnification

    10. You agree to indemnify and hold Spotify harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional Spotify terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Service; and (4) your violation of any law or the rights of a third party.

  10. Governing law, jurisdiction, and jury trial waiver

    11. These Terms and any dispute, claim, and/or controversy that in any way relates to or arises in connection with these Terms or your relationship with Spotify as a user of the Service ("Dispute") are governed by and shall be construed in accordance with the following law, as applicable (the "Governing Law"):

    a) If you are a resident of, or entity organized under, or otherwise subject to the laws of, any country outside of the United States of America, the Governing Law is the laws of Sweden. Further, you and Spotify agree that any Dispute arising out of or in connection with these Terms shall be exclusively settled by the District Court of Stockholm, Sweden. The Arbitration Agreement in Section 12 below shall not apply.

    b) If you are a resident of, or an entity organized under, or otherwise subject to the laws of, the United States of America, the Governing Law is the laws of the state of New York, except to the extent preempted by or inconsistent with federal law. Further, you and Spotify agree to the exclusive jurisdiction of the federal or state courts located in New York, New York, to resolve any Dispute that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

    To the fullest extent permitted by applicable law, the parties agree to waive any right to a jury trial.

  11. ARBITRATION AGREEMENT

    12. This Arbitration Agreement section sets forth the terms and conditions pursuant to which Disputes between you and Spotify USA Inc. will be resolved through individual arbitration ("Arbitration Agreement").

    1. Dispute resolution and arbitration

      2. Subject to the exceptions set forth in the "Exceptions to arbitration" section below, you and Spotify agree that any Dispute between you and Spotify (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by binding individual (not class) arbitration. The arbitrator has the authority to rule on all issues except that a court has exclusive authority to: (1) decide arbitrability, as well as scope, validity, and enforceability of this Arbitration Agreement; (2) decide whether you and Spotify have complied with the pre-arbitration filing requirements (including the requirements described in the "Pre-arbitration notice of dispute and informal resolution period" section below); (3) enforce the prohibition on class or representative actions; (4) and enjoin an arbitration from proceeding if it does not comply with this Arbitration Agreement. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator can award the same damages and relief as a court (including attorneys' fees and costs where allowable under applicable law), 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 these Terms.

    2. Exceptions to arbitration

      3. You and Spotify both agree that any Dispute relating to any actual or alleged infringement of your or Spotify's intellectual property rights shall be brought in the federal courts of New York, New York, and that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of your or Spotify's rights, at any time, to elect to have an individual action heard in: (1) a U.S. small claims court (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction); or (2) a court of law, in accordance with the jurisdiction and venue described in the "Governing law, jurisdiction, and jury trial waiver" section above, seeking only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement does not stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

    3. No class or representative proceedings and class action waiver

      4. YOU AND SPOTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, 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. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.

    4. Pre-arbitration notice of dispute and informal resolution period

      5. A party who intends to seek arbitration must first send a written notice of the Dispute ("Notice") to the other. Notices to Spotify must be sent by email to legal@spotify.com, and Notices to you must be sent to the email address associated with your account. All Notices must: (1) be personally signed by the party sending the Notice; (2) provide the relevant user's name, email address associated with the user's account, and Spotify username, if applicable; (3) describe with specificity the nature and basis of the Dispute; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it.

      After a Notice containing all of the information required above is received, the parties agree to engage in good faith for a period of sixty (60) days in an effort to resolve the Dispute (this time period may be extended by agreement of the parties) ("Informal Resolution Period"). The party receiving the Notice may request a telephone or video settlement conference during the Informal Resolution Period in an effort to facilitate resolution of the Dispute ("Informal Settlement Conference"). The Informal Settlement Conference, if any, will take place at a mutually agreeable time, which can be after the sixty (60) day Informal Resolution Period if needed to accommodate the parties' schedules. During the Informal Settlement Conference, you and a Spotify representative must both personally participate in a good-faith effort to resolve the Dispute without the need to proceed with arbitration. Any counsel representing the parties also may participate. Personal participation in an Informal Settlement Conference will not be required if both you and Spotify agree in writing.

      The Notice, Informal Resolution Period, and Informal Settlement Conference are intended to give the parties a meaningful opportunity to resolve Disputes informally. If any aspect of this "Pre-arbitration notice of dispute and informal resolution period" section has not been met, the parties agree that a court can enjoin the filing or prosecution of an arbitration and, unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration nor demand fees in connection with such an arbitration. Notwithstanding the foregoing, a party retains the right to raise non-compliance with the requirements of this section and seek appropriate relief in arbitration.

      Any applicable statute of limitations or contractual limitations period will be tolled for any claims and requests for relief set forth in a Notice from the date that either you or Spotify sends the other a fully complete Notice until: (1) thirty (30) days after completion of the Informal Resolution Period, if no Informal Settlement Conference is held; or (2) thirty (30) days after completion of the Informal Settlement Conference if an Informal Settlement Conference is held ("Tolling Period").

      Neither you nor Spotify may commence an arbitration proceeding until after the Tolling Period has ended.

    5. Arbitration rules and fees

      6. Either you or Spotify may start arbitration proceedings. Any arbitration between you and Spotify will be administered by National Arbitration and Mediation ("NAM") in accordance with their rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures ("NAM 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 Arbitration Agreement (despite the choice of law provision above). The NAM Rules, as well as instructions on how to file a demand for arbitration ("Demand") with NAM, appear at www.namadr.com/resources/rules-fees-forms/. The Demand must attach the relevant Notice and be personally signed by the party initiating the arbitration (and their counsel, if represented).

      If NAM is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with this Arbitration Agreement, then another administrator that will do so will be selected by agreement of the parties. If the parties cannot agree, then they will jointly petition a court to appoint an administrator that will do so. To start an arbitration, the claimant shall send a copy of the Demand to NAM and the other party. If you initiate arbitration, you shall serve the Demand on Spotify via email at legal@spotify.com and to Spotify's registered agent at CT Corporation System, 28 Liberty Street, New York, New York, 10005. If Spotify initiates arbitration, Spotify shall serve the Demand on you at the email address associated with your account. The claimant must certify in the Demand that the requirements set forth in the "Pre-arbitration notice of dispute and informal resolution period" section above have been met, and must attach a copy of the Notice to the Demand.

      Each party retains the right to request a hearing in arbitration from the arbitrator. Any arbitration hearings will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be in the county or parish where you reside or at another agreed upon locale.

      As in court, any counsel participating in an arbitration certifies that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the claim or the relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions available under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all appropriate represented parties and counsel.

      Spotify will pay all filing, administration, case-management, hearing, and arbitrator fees ("Arbitration Fees") if it initiates an arbitration. If you choose to file an arbitration proceeding, the allocation and payment of Arbitration Fees will be governed by the NAM Rules, unless a different allocation is required by court order or for this Arbitration Agreement to be enforced. You and Spotify agree that arbitration should be cost effective for all parties. Either party may engage with the arbitration administrator around fee reductions and deferred payments.

      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 consider rulings in other arbitrations involving different users, but an arbitrator's ruling will not be binding in any proceeding involving different users. The arbitrator may make rulings and resolve any disagreements as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits. An arbitration award that has been satisfied may not be filed or entered in court.

    6. Enforceability

      7. If in the process of arbitrating or litigating a Dispute this Arbitration Agreement is invalidated in whole, the parties agree that they may seek to resolve the Dispute in a U.S. small claims court or in the federal or state courts of New York, New York, consistent with the "Governing law, jurisdiction, and jury trial waiver" section above. To the fullest extent permitted by applicable law, each party may bring a Dispute against the other party only in an individual capacity and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. Notwithstanding the foregoing, either party may participate in a class-wide settlement.

  12. Miscellaneous
    1. Changes

      2. We may make changes to these Terms (including any additional Spotify terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable Service, via email or by another appropriate means of electronic communication (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other prominent notice within the Service, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Unless we say otherwise in our notice, the updated Terms will be effective immediately, and your continued access to or use of our Services after we post the updated Terms or provide other notice of such updated Terms will constitute your acceptance of the changes. If you do not agree to the updated Terms, you must stop accessing and using our Services.

    2. Entire agreement

      3. Other than as stated in this section or as explicitly agreed upon in writing between you and Spotify, these Terms 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 Terms, whether written or oral. As noted above, other terms and conditions governing use of the Service are incorporated herein by reference, including the following terms and conditions.

    3. Severability and waiver

      4. Unless otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, 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 these Terms or any provision thereof shall not waive Spotify's or the applicable third-party beneficiary's right to do so.

    4. Assignment

      5. Spotify may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to any third party.

    5. Force Majeure

      6. We will not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

    6. No Waiver

      7. Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

    7. Headings

      8. The section and paragraph headings in these Terms are for convenience only and will not affect their interpretation.