Spotify Plugins for Backstage
SUPPLEMENTAL HOSTING TERMS
These Spotify Plugins for Backstage Supplemental Hosting Terms (the "Hosting Terms") supplement the Spotify Plugins for Backstage Early Adopter Program License Terms (the "License Terms") and apply in addition to your early access to, and use, testing and evaluation of, the pre-release version(s) of Spotify's hosted or software-as-a-service proprietary plugins for Backstage (collectively, the “Hosted Software”). You understand that your use of the Hosted Software constitutes acceptance of, and your agreement to be bound by, these Hosting Terms which are hereby incorporated into the License Terms between you and Spotify by reference. Any capitalized terms used in these Hosting Terms shall have the meanings given to such terms in the License Terms unless otherwise provided herein and references to “you” and “your” in these Hosting Terms will refer to both the individual using the Hosted Software and to any Organization.
- License. Subject to your obtaining a valid license key for the Hosted Software from Spotify and your compliance with the terms of the License Terms and these Hosting Terms, Spotify grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Hosted Software and any Documentation solely for the purpose of internal evaluation and testing of the Hosted Software by your Organization, and subject to the number of individual user seats that you have purchased from Spotify, during the Term (as defined below). We reserve the right to modify, update or cease offering the Hosted Software or the Documentation at any time and for any reason without liability. For the avoidance of doubt, Section 1(a) of the License Terms shall not apply to any access to or use of the Hosted Software.
- Restrictions. In addition to the restrictions set forth in Section 3 of the License Terms, you shall not (and shall not allow your Organization or any third party to): (a) use the Hosted Software to transmit or propagate any virus, malware, worms, Trojan horses, or other programming routine intended to damage any system or data; (b) perform or disclose any security testing, vulnerability scanning, password cracking, remote access testing, penetration testing or any other test of the Hosted Software environment or associated infrastructure; or (c) interfere with or otherwise disrupt any servers or networks that are used to provide the Hosted Software.
- Customer Data.
- As between the parties, you exclusively own all right, title and interest in and to all data as provided by you to the Hosted Software (the “Customer Data”). Subject to the terms of these Hosting Terms, you hereby grant to Spotify and our affiliates a non-exclusive, worldwide, sublicensable (through multiple tiers), royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data to the extent necessary to make available the Hosted Software to you.
- You hereby represent and warrant that you have sufficient rights in the Customer Data to grant the rights granted to Spotify herein and that the Customer Data does not infringe or otherwise violate the rights of any third party. You agree you shall be responsible for the accuracy, completeness, appropriateness and legality of the Customer Data. You further agree that you will not provide Spotify with any Customer Data that includes health, payment information or other sensitive personal information or sensitive personal data (as defined by applicable privacy and personal data legislation).
- You acknowledge and agree that Spotify may obtain and aggregate technical and other data, including Customer Data and data about your use of the Hosted Software (the “Aggregated Data”). Spotify may use the Aggregated Data to analyze, improve, support, and operate the Hosted Software and otherwise for any business purpose, during and after the term of these Hosting Terms, provided that such Aggregated Data does not identify you or any individual user.
- The Customer Data shall be available to you during the Term (as defined below). Upon any termination of these Hosting Terms in accordance with the License Terms, your Customer Data will be deleted by Spotify within ninety (90) days of such termination. Upon your written request, Spotify will provide confirmation of the deletion of your Customer Data. You acknowledge and agree that you are solely responsible for maintaining any backup copies of the Customer Data.
- Security & Data Privacy.
- Spotify will maintain appropriate technical, administrative, and organizational security measures designed to prevent the loss, misuse, and unauthorized or unlawful access, disclosure, alternation, use, processing or destruction of Customer Data. Spotify shall notify you promptly, and in accordance with all applicable laws, of any unauthorized uses or disclosures of, or any security incident involving unauthorized access to, your Customer Data, of which Spotify becomes aware.
- Each party shall be individually responsible, as an independent data controller, for its own processing of any personal data pursuant to and/or in connection with these Hosting Terms. This means that each party determines the purposes and means for its respective processing of personal data, and is fully responsible for compliance with applicable privacy and personal data legislation, including using a transfer mechanism which is compliant under applicable laws when transferring data (as defined by the EU General Data Protection Regulation 2016/67) outside the EU/EEA. The exchange of personal data does not constitute a sale, as defined by applicable law (including the California Consumer Protection Act).
- In order for each party to provide adequate notice to data subjects (to the extent required by applicable laws), you are responsible for notifying data subjects of Spotify’s use of the Customer Data as outlined in Section 3 above.
- Each party shall also indemnify and hold the other party harmless from and against all losses due to claims from third parties resulting from, arising out of or relating to any breach by the defaulting party of this Section 4.
- Term; Termination. These Hosting Terms will continue for the EAP Test Period, unless earlier terminated in accordance with the License Terms (the “Term”). For the avoidance of doubt, upon any termination of the License Terms, these Hosting Terms shall also terminate. The following sections shall survive any termination of these Hosting Terms: Section 2; Section 3(c); this Section 5; and Section 6.
- Availability. SPOTIFY MAKES NO DIRECT, INDIRECT, IMPLIED, EXPLICIT OR IMPLICIT WARRANTY TO PROVIDE UNINTERRUPTED AVAILABILITY OF THE HOSTED SOFTWARE. YOU ACKNOWLEDGE THAT THE HOSTED SOFTWARE MAY BE UNAVAILABLE FROM TIME TO TIME DUE TO PLANNED OR EMERGENCY MAINTENANCE (SPOTIFY WILL NOTIFY YOU IN ADVANCE OF ANY PLANNED MAINTENANCE). YOU ALSO ACKNOWLEDGE AND AGREE THAT THE HOSTED SOFTWARE IS MADE AVAILABLE USING THE INTERNET FOR COMMUNICATIONS AND TRANSMISSION OF DATA AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY COMPUTER EQUIPMENT, SOFTWARE OR CONNECTIVITY REQUIRED TO ACCESS OR USE THE HOSTED SOFTWARE. SPOTIFY SHALL NOT BE RESPONSIBLE FOR ANY UNAVAILABILITY OF THE HOSTED SOFTWARE, INCLUDING ANY UNAVAILABILITY CAUSED BY INTERNET OUTAGES, FAILURES OR ANY OTHER EVENT OUTSIDE OF SPOTIFY'S REASONABLE CONTROL.
- License Terms. You hereby acknowledge that, except as otherwise provided herein, the terms and conditions set forth in the License Terms apply to your use of the Hosted Software and any reference to “EAP Software” therein shall also include the “Hosted Software”. Such terms and conditions include, but are not limited to, (a) confidentiality obligations, (b) additional restrictions on your use of the Hosted Software, (c) payment terms, (d) additional disclaimers, (e) an agreement to arbitrate disputes with Spotify, (f) your indemnification obligations, and (g) limitations on our liability.