As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-court
The arbitrator has the authority to rule on all issues except that a court has exclusive authority to: (1) decide arbitrability, as well as scope, validity, and enforceability of this Arbitration Agreement... (2) decide whether you and Spotify have complied with the pre-arbitration filing requirements... (3) enforce the prohibition on class or representative actions; (4) enforce the provisions regarding mass arbitrations
Company’s fee promise
Reviewed category: pays-only-if-company-initiates
Spotify will pay all filing, administration, case-management, hearing, and arbitrator fees (“ Arbitration Fees ”) if it initiates an arbitration.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
The arbitrator is authorized to impose any sanctions available under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all appropriate represented parties and counsel.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Neither you nor Spotify may commence an arbitration proceeding until after the Tolling Period has ended.
Mass-arbitration terms
Reviewed category: staged-bellwether
In the first stage, counsel for the parties shall each select twenty-five (25) cases per side (50 cases total) to be filed in arbitration and to proceed individually in accordance with this Arbitration Agreement, with each case assigned to a separate and different arbitrator (unless the parties agree otherwise).
Small-claims carve-out
Reviewed category: available-standard-carve-out
a U.S. small claims court (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction)
Opt-out
Reviewed category: change-rejection-only
Opting out of a material change to the Arbitration Agreement is not an opt-out of arbitration altogether. Even if you opt out of a material change to the Arbitration Agreement, you and Spotify agree that any Dispute will be determined by binding individual (not class) arbitration in accordance with the Arbitration Agreement in effect immediately before any such opt-out.
Unilateral modification
Reviewed category: continued-use-is-acceptance
Your use of the Spotify Service following any changes to these Terms will constitute your acceptance of such changes.
Scope
Reviewed category: broad-plus-survives-termination
Subject to the exceptions set forth in the "Exceptions to arbitration" section below, you and Spotify agree that any Dispute between you and Spotify (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, whether the claims arose before the existence of this or any prior Arbitration Agreement, and whether the claims arise after the termination of these Terms) will be determined by binding individual (not class) arbitration. ... This arbitration provision will survive termination of these Terms.
Confidentiality of the arbitration
Reviewed category: mass-arbitration-mediation-only
the parties shall engage in a global, non-binding, and confidential mediation of all remaining cases with a retired federal or state court judge, and Spotify shall pay the mediator's fee.
Shortened limitations period
Reviewed category: shortened-to-1-year
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND OR FILING AN INDIVIDUAL ACTION AS SPECIFIED UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
Severability if the class waiver is struck
Reviewed category: narrow-severance
If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.
Counsel or representation restrictions
Reviewed category: no-agent-opt-out
Such an opt-out must be sent by you personally from your personal email address, and not by your agent, attorney, or anyone else purporting to act on your behalf.
Mass-arbitration numeric trigger
Reviewed category: bellwether-trigger
Stated term: “twenty-five (25) or more” claimants who submit Notices or attempt to file Demands raising similar claims — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
If twenty-five (25) or more claimants submit Notices or attempt to file Demands raising similar claims, are represented by the same or coordinated counsel (regardless of whether the Notices or Demands are submitted simultaneously), and the parties cannot resolve the cases during the Informal Resolution Period, all of the cases must be resolved in arbitration through staged sets of proceedings.