Spotify Plugins for Backstage
SUPPLEMENTAL HOSTING TERMS
If you are accessing or using the Managed Software, these Hosting Terms apply in addition to the License Terms to your use of the Managed Software, and are hereby incorporated into the Agreement by reference. Any capitalized terms used in these Hosting Terms shall have the meanings given to them in the License Terms and any references to the “Software” therein shall also include the Managed Software.
- Right to access and use
- Subject to your obtaining a valid license key for the Managed 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 Managed Software and any Documentation solely for your internal business purposes, and subject to the number of individual user seats that you have purchased from Spotify. For the avoidance of doubt, this Section 1 takes precedence over Section 1(a) of the License Terms with respect to the access and use of the Managed Software.
- In addition to the restrictions set forth in Section 6 of the License Terms, you shall not (and shall not allow Customer or any third party to): (a) use the Managed 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 Managed Software environment or associated infrastructure; or (c) interfere with or otherwise disrupt any servers or networks that are used to provide the Managed Software.
- Customer Data
- As between you and Spotify, you exclusively own all right, title and interest in and to all data as provided by you to the Managed Software (the “Customer Data”), except for any Aggregated Data as set out in Section 3 (c) 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 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 Managed Software. Such data will constitute Aggregated Data and may be used by Spotify in accordance with Section 8 of the License Terms.
- The Customer Data shall be available to you during the Term. 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, to the security address indicated by you in the Order Form. Security matters directed at Spotify shall be notified to email@example.com.
- 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. Any liability exclusions or limitations in the License Terms shall not apply to this Section 4 (d).
- Term; Termination
- These Hosting Terms will continue to apply during the Term, unless earlier terminated as permitted under the Agreement. For the avoidance of doubt, 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; Section 4 (b)-(d); 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.
- SPOTIFY MAKES NO DIRECT, INDIRECT, IMPLIED, EXPLICIT OR IMPLICIT WARRANTY TO PROVIDE UNINTERRUPTED AVAILABILITY OF THE MANAGED SOFTWARE. YOU ACKNOWLEDGE THAT THE MANAGED 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 MANAGED 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 MANAGED SOFTWARE. SPOTIFY SHALL NOT BE RESPONSIBLE FOR ANY UNAVAILABILITY OF THE MANAGED SOFTWARE, INCLUDING ANY UNAVAILABILITY CAUSED BY INTERNET OUTAGES, FAILURES OR ANY OTHER EVENT OUTSIDE OF SPOTIFY'S REASONABLE CONTROL.