Spotify Advertising API Terms of Use

These Spotify Advertising API Terms of Use (“Terms”) are entered into between the person, organization, or entity accepting these Terms (“Customer”) and Spotify AB (“Spotify”).

A. Spotify and Customer are parties to the then-current Spotify Developer Terms of Service located at https://developer.spotify.com/terms/ (“Developer Terms”), which set forth the terms and conditions of Customer's use and development of the Spotify Platform.

B. Customer wishes to use Spotify's Advertising API with respect to the Spotify advertising platform in accordance with these Terms.

C. The parties mutually agree to the terms and conditions of these Terms, which supplement and form part of the Developer Terms.

D. Capitalized terms not defined within these Terms have the meanings given to them in the Developer Terms.

1) These Terms govern Customer's use of Spotify's advertising application programming interface (API), and the accompanying documentation, code, policies and related materials (“Documentation”) (collectively, the “Advertising API”) with respect to Spotify's advertising platform (“Ad Platform”). For the purposes of the Developer Terms, the definition of “Spotify Platform” includes the Advertising API and the definition of “Spotify Developer Application or SDA” includes the Customer Platform.

2) In addition to being bound by the Developer Terms, the Advertising API is a feature of one or more Spotify advertising programs and the parties acknowledge and agree that all terms and conditions set out in the Spotify Advertising Program Terms and Conditions (“Advertising Terms”) will apply to Customer's use of the Advertising API and are incorporated by reference. If there is any conflict between these Terms and the Developer Terms or the Advertising Terms, these Terms shall control with respect to Customer's use of the Advertising API.

3) GRANT OF LICENSE. Subject to and conditional on Customer's continuing compliance with these Terms, Spotify grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term (“License”) to use the Advertising API only for the purpose of offering the Ad Platform to Customer's end clients (“Customer Clients”) through the Customer's technology platform (“Customer Platform”) or for Customer's internal business purposes in connection with the Ad Platform. No other rights or licenses are granted by Spotify except as expressly set forth in these Terms.

4) ACCOUNT AND REGISTRATION.

a) If Customer is using the Advertising API on behalf of an entity, Customer represents and warrants that it has authority to bind that entity to these Terms and by accepting these Terms, Customer is doing so on behalf of that entity (and all references to “Customer” in these Terms refers to that entity).

b) Customer will only access (or attempt to access) the Advertising API by the means described in the Documentation. In order to access the Advertising API, Customer may be required to provide certain information (such as identification or contact details) as part of the registration process, or as part of Customer's continued use of the Advertising API. Customer must ensure that any registration information it gives to Spotify will always be accurate and up to date, and Customer must promptly inform Spotify of any updates. Customer will be issued with one or more unique I.D.s, keys, passwords, security codes, or tokens by Spotify (each, a “Security Code”) for accessing the Advertising API and managing Customer's account. Customer is entirely responsible for maintaining the confidentiality of its account and Security Codes. Customer agrees to notify Spotify immediately if it believes that its account or Security Codes have been compromised and will cooperate with Spotify in the investigation of any compromised Security Codes. Customer is fully responsible for all activities that occur using its account and Security Codes, regardless of whether such activities are undertaken by Customer or a third party.

5) COMPLIANCE.

a) Spotify reserves the right to limit the number and/or frequency of the Advertising API requests in its sole discretion. Spotify may also impose limits that may restrict Customer's access to part or all of the Advertising API without notice.

b) Customer acknowledges that Spotify may update or modify the Advertising API, from time to time, and in Spotify's sole and absolute discretion (in each instance, an “Update”). Customer is required to implement and use the most current version of the Advertising API and to make any changes to the Customer Platform, at Customer's sole cost and expense, that are required as a result of such Update no later than ninety (90) days from the date that Spotify notifies Customer of the Update.

c) Customer is responsible for providing all support and technical assistance to Customer Clients regarding the use of the Customer Platform (including any issues related to the Advertising API). Spotify is not obligated to provide support or technical assistance directly to Customer or any Customer Clients, and Customer will not represent to any Customer Clients that Spotify is available to provide such support.

d) In the event of a technical issue (e.g. bug) on the Customer Platform that affects the performance of ads on the Spotify advertising platform, if Spotify does not receive payment from a Customer Client when such payment is due, then Customer shall remain liable to pay all amounts due upon request from Spotify or its agents. All payments shall be made no later than thirty (30) days after the date Customer receives the applicable invoice.

6) TERM AND TERMINATION.

a) These Terms begin on the date of acceptance by Customer and shall continue until terminated by either party as permitted under these Terms (“Term”).

b) These Terms and all rights to use the Advertising API terminate automatically if: (i) Customer violates any of the terms of these Terms, the Developer Terms (as amended herein) or the Advertising Terms; (ii) Spotify sends Customer a written notice of termination for any reason; (iii) Spotify disables Customer's access to the Advertising API; or (iv) Customer is subject to a dissolution, receivership, liquidation, insolvency, conservatorship, consolidation, reorganization, sale of substantially all of its assets, cessation of business, voluntary or involuntary bankruptcy. Any termination of these Terms shall also terminate the license granted to Customer to use the Advertising API hereunder.

c) Upon any termination of these Terms, Customer must promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the Advertising API, Documentation, Security Codes and any other Confidential Information or data relating to Spotify, and shall certify to Spotify that such actions have occurred. Spotify shall have the right to inspect and audit Customer's facilities to confirm the foregoing.

7) BETA PROGRAMS. Spotify may offer programs to Customer that are in a “test,” “experimental,” or “beta” mode (“Test Programs”). By choosing to participate in a Test Program, Customer agrees and acknowledges that: (a) all such Test Programs are Confidential Information of Spotify; and (b) Spotify will not be obligated to provide support for such Test Programs. Spotify may modify or suspend any Test Programs in its sole and absolute discretion at any time.

8) CUSTOM AND LOOKALIKE AUDIENCE PROGRAM. If Customer participates in the Custom and Lookalike Audience Program and uses the Advertising API to transmit its data to Spotify to generate custom or lookalike audiences, the Custom and Lookalike Audience Program Terms apply.