Effective as of 2nd April 2012
“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 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 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.
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.
2.3 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.
(b) use the Spotify Apps Sample Code solely for the purpose of viewing how an application on the App Finder; and
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
4.2 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
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.
5.6 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
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.
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