Spotify for Backstage

SUPPLEMENTAL HOSTING TERMS

LAST UPDATED: July 1, 2024
If you are accessing or using Products that are provided by Spotify as a managed service (the “Managed Service”), including Spotify’s proprietary Portal Cloud platform, these Spotify for Backstage Supplemental Hosting Terms (the “Hosting Terms”) – in addition to the Spotify for Backstage Subscription License Terms (the “Terms”) – apply to your use of the Managed Service, and are hereby incorporated into the Agreement (as defined in the Terms) by reference. Any capitalized terms used in these Hosting Terms shall have the meanings given to them in the Terms and any references to the “Products” therein shall also include the Managed Service. In the event of conflict between these Terms and the Hosting Terms, the Hosting Terms shall control with regard to the Managed Service.
  1. Right to access and use.
    1. Subject to your obtaining a valid license key for the Managed Service from Spotify or otherwise creating or maintaining an account for a Spotify Managed Service (the “Account”) and your compliance with the Terms and these Hosting Terms, Spotify grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Managed Service and any Documentation solely for your internal business purposes, and subject to the number of individual user seats (e.g., Authorized Users, as defined below) that you have purchased from Spotify. For the avoidance of doubt, this Section 1(a) takes precedence over Section 1(b) of the Terms with respect to any access to and/or use of the Managed Service.
    2. You are and remain fully responsible for your Account and for any activities within your Account, including without limitation, for any information provided to Spotify via the Account and for any usage under your Account. You will only allow Authorized Users who have been assigned a user account by you to access or use the Managed Service and will take reasonable measures to protect such user accounts and corresponding passwords, including by prohibiting and preventing any Authorized User, or any other person or entity, from sharing such user accounts or passwords. “Authorized Users” means Customer’s employees and independent contractors working for Customer in the ordinary course of Customer’s business who: (i) agree to be bound by the terms and conditions of the Agreement; and (ii) are specifically authorized by Customer to access or use the Managed Service, in each case whether or not such employees or independent contractors actually access or use the Managed Service.
  2. Customer Obligations and Restrictions.
    1. You are responsible for: (i) obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Managed Service; (ii) maintaining the security of such equipment and ancillary services, your Account, user accounts and passwords (including to user accounts), and for all uses of any of the foregoing with or without your knowledge or consent; and (iii) reasonably assisting and cooperating with Spotify as necessary for Spotify to provide the Managed Service in accordance with the Agreement.
    2. Without limiting the generality of subsection 2(a) above, (i) you are responsible for all acts and omissions of all Authorized Users; and (ii) any act or omission by an Authorized User that, if such act or omission had been taken or not taken by you, would constitute a breach of the Agreement, will be deemed a breach of the Agreement by you. You agree to promptly notify Spotify of any unauthorized access to, or use of, the Managed Service or your Account.
    3. In addition to the restrictions set forth in Section 6 of the Terms, you shall not (and shall not allow any Authorized User or third party to): (i) use the Managed Service to transmit or propagate any virus, malware, worms, Trojan horses, or other programming routine intended to damage any system or data; (ii) access or use the Managed Service in a manner intended to avoid incurring fees or to circumvent specific usage limits or quotas; (iii) perform or disclose any security testing, vulnerability scanning, password cracking, remote access testing, penetration testing or any other test of the Managed Service environment or associated infrastructure; (iv) interfere with or otherwise disrupt any servers or networks that are used to provide the Managed Service; or (v) remove, disrupt or obscure any functionality in the Managed Service.
  3. Customer Data.
    1. As between you and Spotify, you exclusively own all right, title and interest in and to all data as provided by you or any Authorized User to the Managed Service (the “Customer Data”), except for any Usage Data as set out in Section 4 (d) below. 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 provide the Managed Service to you and your Authorized Users.
    2. You hereby represent and warrant that you have sufficient rights in the Customer Data, including that you have obtained any and all necessary rights and consents from your Authorized Users, to grant the rights granted to Spotify herein and that the Customer Data do not infringe nor 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 (including the legality as to the collection, use and sharing of such Customer Data). You further agree that neither you nor your Authorized Users will 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).
    3. The Customer Data shall be available to you during the Term. Upon any termination of these Hosting Terms in accordance with the 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.
    4. You acknowledge and agree that Spotify may collect and process technical and other data such as configuration data, feature usage data and performance data related to your and your Authorized User’s access to and use of the Managed Service (“Usage Data”). Spotify will be the owner of any Usage Data and may use such Usage Data to maintain and improve the Managed Service, to monitor and analyze its activities in connection with the performance of the Managed Service, to provide you with technical support and otherwise for any lawful business purpose. Usage Data does not constitute Customer Data.
  4. Security & Data Privacy.
    1. Spotify will maintain appropriate technical, administrative, and organizational security measures designed to prevent the loss, misuse, and unauthorized or unlawful access, disclosure, alteration, 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, to the security address indicated by you in the Order Form. Security matters directed at Spotify shall be notified to security@spotify.com.
    2. If and to the extent Spotify collects or otherwise processes personal data on your behalf in connection with the performance of its obligation under the Agreement, that processing shall be governed by the Data Processor Appendix available at https://backstage.spotify.com/spotify-for-backstage-terms/data-processor-appendix/ which is hereby incorporated by reference into the Agreement.
  5. Term; Termination.
    These Hosting Terms will continue to apply during the Term, unless earlier terminated as permitted under the Agreement. Upon termination of these Hosting Terms, you will ensure that you and your Authorized Users cease any further access to or use of the Managed Services. For the avoidance of doubt, upon any termination of these Hosting Terms, the terms and conditions of the Agreement shall continue to apply for Products that are not Managed Services. Upon any termination of the Agreement, these Hosting Terms shall also terminate. The following sections shall survive any termination of these Hosting Terms: Section 3; this Section 5 and any other sections of these Hosting Terms that, either explicitly or by their nature, must remain in effect even after termination.
  6. Availability.
    SPOTIFY MAKES NO DIRECT, INDIRECT, IMPLIED, EXPLICIT OR IMPLICIT WARRANTY TO PROVIDE UNINTERRUPTED AVAILABILITY OF THE MANAGED SERVICE. YOU ACKNOWLEDGE THAT THE MANAGED SERVICE MAY BE UNAVAILABLE FROM TIME TO TIME DUE TO PLANNED OR EMERGENCY MAINTENANCE (SPOTIFY WILL SEEK TO NOTIFY YOU IN ADVANCE OF ANY PLANNED MAINTENANCE). YOU ALSO ACKNOWLEDGE AND AGREE THAT THE MANAGED SERVICE 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 MANAGED SERVICE. SPOTIFY SHALL NOT BE RESPONSIBLE FOR ANY UNAVAILABILITY OF THE MANAGED SERVICE, INCLUDING ANY UNAVAILABILITY CAUSED BY INTERNET OUTAGES, FAILURES OR ANY OTHER EVENT OUTSIDE OF SPOTIFY'S REASONABLE CONTROL.
  7. Limitation of Liability.
    Subject to Section 12(b) of the Terms, the limitations on either party’s liability set forth in Section 12(a) of the Terms shall also apply to (a) any indirect, special, incidental, punitive, exemplary, or consequential damages; or (b) any loss or use, data, business, or profits (whether direct or indirect), in each case of subsections (a)-(b), arising out of the access to or use of the Managed Service or inability to access or use the Managed Service, including by your Authorized Users.