Effective as of 2nd April 2012

By ticking the confirmation box and clicking “Continue” at Developer Signup, you confirm your acceptance of these Terms of Use, in their entirety and and are deemed to have entered into a legally binding agreement with Spotify (sometimes referred to as “we” and “us”) to abide by the same. If you are acting as an officer, director, employee or representative of an entity, you represent and warrant that you have full legal authority to bind that entity.

Spotify has the right to amend these Terms of Use at any time for any reason without notice or liability to you. The current version of these Terms of Use is posted at https://developer.spotify.com/technologies/apps/terms-of-use/. Any changes to the Terms of Use will become effective immediately upon posting. If at any time you do not agree with something in these Terms of Use, including any changes made by Spotify, do not use or attempt to use the App Developer Tools or any part of them, because if you do, you are agreeing to be bound by everything in these Terms of Use, including, without limitation, any changes we may have made.

1. Definitions

Application Development Kit” means the Spotify Apps API, the Spotify Apps API Guidelines, the Spotify Apps JavaScript API Reference, Spotify Apps Sample Code and any tutorials, documentation and terms and conditions in relation to these.

App Concept Submission Process” means the process whereby you may submit your app concept for approval by Spotify prior to development of the application by you.

App Finder” means the section of the Spotify platform which enables developers to distribute integrated applications featuring developer content that also trigger audio streams rendered through the Spotify client.

Application” means an authorised application developed by you which uses the Spotify Apps API and which may be distributed to Spotify end users on the App Finder subject to the terms and conditions of Spotify’s then-current standard distribution agreement, including final approval by Spotify.

Spotify” means Spotify AB, a Swedish company, whose registered address is at Birger Jarlsgatan 61, 10tr, SE-113 56 Stockholm, Sweden with company registration number 556703-7485.

Spotify Apps API” means the Spotify application programming interface(s), metadata and documentation provided by Spotify to you for use in creating a Test Application and/or an Application, in accordance with these Terms of Use.

Spotify Apps API Guidelines” means the guidelines provided by Spotify on the developer section of the Spotify website to assist developers with the integration of an application.

Spotify Apps JavaScript API Reference” means the specification provided to you by Spotify which allows you to communicate with the Spotify client via your Test Application.

Spotify Apps Sample Code” means any source code made available to you by Spotify to demonstrate the potential functionality of applications on the App Finder.

Spotify Service” means the digital music service owned and operated by Spotify and offered to end users as the same may be further described on the Spotify website from time to time.

Test Application” means any application developed by you to test the potential use and functionality of an application distributed on the App Finder.

Tutorials” means any tutorials provided to you by Spotify which demonstrate how to use the Spotify Apps API and Spotify Apps JavaScript API Reference to create an Application.

2. Test Application

2.1 You may use the App Developer Tools in order to gain insight into the way in which the App Finder works and to build a Test Application to help you assess whether or not you would like to distribute an application on the App Finder.

2.2 All development of a Test Application must be in accordance with the Spotify Apps API Guidelines and the provisions of these Terms of Use.

2.3 You agree that the App Developer Tools may only be used to create a Test Application for use on a personal basis. You may not sell the Test Application, charge any person for use of the Test Application or otherwise derive any income from any person’s use of the Test Application.

2.4 You shall not interfere or attempt to interfere in any manner with the proper functioning of the Spotify Apps API, the Spotify Apps Sample Code or distribute or develop the Test Application in any way that interferes with or adversely affects the functionality or performance of the Spotify Service. You shall not alter or otherwise interfere with any content on the Sevice or within the App Developer Tools, including without limitation any metadata.

2.5 Your Test Application shall not include any viruses, worms, Trojan horses or any other harmful code.

2.6 You are solely responsible for your use of the App Developer Tools and for your Test Application. You shall ensure that the Test Application complies with all applicable laws and regulations, including without limitation laws regarding personal data, privacy and copyright.

2.7 Spotify has no obligation to provide you with support, software upgrades, enhancements or modifications to the Spotify Apps API or the Spotify Apps JavaScript API Reference. You understand and agree that you are solely responsible for the Test Application.

3. Licenses

3.1 Subject to your compliance at all times with these Terms of Use, Spotify grants to you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right during the Term to:

(a) access Spotify’s servers through the Spotify Apps API for the sole purpose of making service calls in order to receive metadata to develop a Test Application and use it on a personal basis in accordance with these Terms of Use;

(b) use the Spotify Apps Sample Code solely for the purpose of viewing how an application on the App Finder; and

(c) make and use limited copies of the Spotify Apps API, Spotify Apps Sample Code and Spotify Apps JavaScript API Reference as are reasonably necessary for you to exercise the foregoing rights.

3.2 Any development by you of an Application, if authorized to do so, shall be subject to the terms and conditions of Spotify’s then-current standard distribution agreement.

4. Use of the Spotify Apps API and the Spotify Apps Sample Code

4.1 You must use the Spotify Apps API and Spotify Apps Sample Code in the exact, unaltered form provided to you by Spotify and may not utilize it in any manner that is not expressly authorized in these Terms of Use.

4.2 Spotify reserves the right to modify the Spotify Apps API and Spotify Apps Sample Code, and to release subsequent versions of the Spotify Apps API and Spotify Apps Sample Code at any time without notice or liability to you.

4.3 Without limiting the foregoing, you may not:

(a) modify, edit, disassemble, decompile or reverse-engineer the Spotify Apps API and Spotify Apps Sample Code including any client libraries included in the Spotify Apps API and Spotify Apps Sample Code or make available such libraries to any person;

(b) sell access to the Spotify Apps API and Spotify Apps Sample Code;

(c) attempt to embed or integrate the Spotify Apps API and Spotify Apps Sample Code into any website or otherwise allow access to the Service via the web other than via the Test Application;

(d) use the Spotify Apps API and Spotify Apps Sample Code and any metadata made available via the Spotify Apps API and Spotify Apps Sample Code for any purpose which is unlawful, obscene, defamatory, sexually explicit, threatening, discriminatory, harassing, abusive, hateful, infringing of the rights of others or damaging to Spotify’s reputation;

(e) disable or otherwise interfere with the proper functioning of the Spotify Apps API, the Spotify Apps Sample Code or the metadata made available via the Spotify Apps API and Spotify Apps Sample Code; or

(f) make service calls via the Spotify Apps API in a quantity or manner that is not reasonably necessary to exercise your rights under these Terms of Use.

(g) copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the Spotify Apps API or the Spotify Service or its content (including but not limited to tracks, images and text) in a manner not expressly permitted under these terms of use.

5. App Concept Submission and Approval

5.1 Spotify reserves the right in its sole discretion to decide whether or not to grant you a developer account. Upon your developer account being set up you may submit an App Concept for your proposed Application via the Spotify Apps Concept Form. Spotify will review each submitted App Concept Form and may, in its sole discretion, decide whether your proposed Application is suitable to be included on the Spotify Apps section of the Platform. If your submission is sucessful then Spotify shall contact you via the email address you provided in the Spotify Apps Concept Form. Any further development of the Application shall be subject always to you entering into the then-current Spotify standard distribution agreement and to the terms and conditions of that agreement.

5.2 You hereby agree to keep confidential all communications (whether verbal, written or otherwise) between yourself and Spotify confidential in strict confidence. in particular, the terms of any of Spotify’s distribution agreements, any information and documentation which is disclosed to you by Spotify, which by its nature would be understood by a reasonable person to be proprietary or confidential in strict confidence and you shall not use such information except for the purposes of the development and implementation of the Application or divulge the same to any third party.

5.3 Unless and until a Spotify standard distribution agreement is signed by yourself and Spotify, Spotify reserves the right in its sole discretion to revoke its decision to implement your Application for any reason or no reason, without any liability to you or your users.

5.4 You acknowledge and agree that even if you go through the App Concept Process, Spotify reserves the right to approve or reject your app and the right not to allow you to distribute your approved application on the Platform.

5.5 You acknowledge and agree that Spotify may be independently creating applications and other products or services that may be similar to or competitive with your App Concept, and nothing in these Terms of Use will be construed as restricting or preventing Spotify from creating and fully exploiting any Applications described in your App Concept without any obligation to you.

5.6 You represent and warrant that:

(a) any and all information you provided when you apply for your developer account and Apps Concept and any other information or data you provide to Spotify is and shall be true, accurate and complete when given to us;

(b) in providing such information to Spotify you shall not knowingly omit or misrepresent any material facts or information and that you shall promptly enter corrected or updated account information via the account management tools provided by Spotify;

(c) you possess all authorisations, approvals, consents, licences, permits, certificates and other rights and permissions necessary to develop your App Concept and to provide your application and perform your obligations hereunder;

(d) your App Concept shall not infringe any intellectual property or other right of Spotify or any third party, including without limitation, any right of privacy, publicity, copyright, trade mark, patent or contractual right;

(e) your App Concept shall comply with all applicable laws, rules and regulations, including without limitation, personal data, privacy, copyright; and

(f) you have the legal capacity to enter into these Terms of Use.

6. Ownership

6.1 As between Spotify and you, all copyright and other intellectual property rights in and to the App Developer Tools and any other materials provided to you by Spotify for use hereunder (“Spotify Intellectual Property”) shall be owned exclusively by Spotify. For the avoidance of doubt, nothing in these Terms of Use shall be construed to convey, and you by virtue of these Terms of Use shall not acquire, any ownership interest in any Spotify Intellectual Property. You shall not contest, or assist others in contesting, the validity, enforceability, ownership or title of any Spotify Intellectual Property.

7. Disclaimer and Limitation of Liability

7.1 YOUR USE OF THE APP DEVELOPER TOOLS IS AT YOUR SOLE RISK. THE APP DEVELOPER TOOLS ARE EACH PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPOTIFY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.2 WITHOUT LIMITING THE FOREGOING, SPOTIFY EXPRESSLY DISCLAIMS ANY WARRANTY THAT:

(a) THE APP DEVELOPER TOOLS WILL MEET ALL OF YOUR REQUIREMENTS;

(b) THE OPERATION OF THE SPOTIFY APPS API OR THE SPOTIFY APPS SAMPLE CODE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR

(c) THE SPOTIFY APPS API OR THE SPOTIFY APPS SAMPLE CODE WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE OR CONSISTENT WITH YOUR EXPECTATIONS.

7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPOTIFY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, SERVICE AND YOUR ACCESS TO AND USE OF OR INABILITY TO USE THE SPOTIFY APPS API, THE SPOTIFY APPS SAMPLE CODE AND THE APP DEVELOPER TOOLS, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT SPOTIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

8. Indemnification

8.1 You will indemnify and hold Spotify and its officers, directors, employees and representatives harmless from and against any and all liabilities, damages, awards, settlements, losses, claims and expenses, including reasonable attorneys fees and costs of investigation, due to any claim by a third party relating to or arising out any breach by you of any of your representations, warranties, covenants and obligations hereunder.

9. Term and Termination

9.1 These Terms of Use commences upon the date you signify your acceptance of the Terms of Use by ticking the confirmation box and clicking “Continue” as outlined aboveand shall continue in force thereafter, unless terminated as provided herein.

9.2 Spotify may amend or discontinue the Spotify Apps API, Spotify Apps Sample Code or the Spotify Apps JavaScript API Reference or any aspects of its platform or documentation thereof, or may terminate your ability to use the Spotify Apps API, Spotify Apps Sample Code or the Spotify Apps JavaScript API Reference, in each instance at any time prior to, or after, your development of a Test Application or an Apps Concept Process, without notice, for any reason or no reason, without any liability to you incuding where there is a threatened or suspected security risk to the Spotify service, an actual or alleged third party infringement claim, privacy breach or for such other reason as Spotify may decide in its sole discretion. You may terminate these Terms of Use by ceasing all use of the App Developer Tools, in which case you must remove any and all code from your Test Application that enables your use of the Spotify Apps API, Spotify Apps Sample Code and the Spotify Apps JavaScript API Reference. On termination of these Terms of Use for any reason, you must cease use of the Apps Developer Tools and immediately delete all aspects of the App Developer Tools in your possession.

10. General

10.1 This Agreement shall be governed by and interpreted in accordance with the laws of England. Any dispute that arises out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be determined by the English courts and the parties hereby submit to the exclusive jurisdiction of the English courts for such purpose, without prejudice to the right either party to apply to any court of competent jurisdiction for emergency, injunctive or interim remedies. You may not assign any of your rights, or delegate any of your duties, in whole or in part, to any third party without the written consent of Spotify. Spotify reserves the right, at its sole discretion, to assign or transfer any of its rights and delegate any of its duties hereunder, in whole or in part, to any person or entity. There is no joint venture, partnership, agency or fiduciary relationship existing between the parties and the parties do not intend to create any such relationship by these Terms of Use. Spotify’s failure at any time to require full performance of any provision hereof will in no manner affect its right at a later time to enforce the same. Should for any reason or to any extent any provision of these Terms of Use be held invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Use and the application of that provision shall be enforced to the extent permitted by law. Each affiliate of Spotify shall be a third party beneficiary to these Terms of Use and such affiliates shall be entitled to directly enforce, and rely upon, any provision of these Terms of Use which confers a benefit on them. Other than as set forth in the preceding sentence, nothing in these Terms of Use shall be deemed or interpreted to create any third party beneficiaries, or confer any rights in any third parties. The provisions of clauses 1, 4-8, 10 of these Terms of Use will survive the expiration or earlier termination of these Terms of Use. These Terms of Use constitutes all the terms and conditions agreed upon between you and Spotify and supersede any prior agreements whether written or oral. Any addition or different terms or conditions in any written oral communication from you to Spotify are void. With the exception of any fraudulent misrepresentations, you agree and accept that you have not accepted the terms and conditions of these Terms of Use in reliance of or to any oral or written representations made by Spotify not contained in these Terms of Use.