Terms of Service

Last Updated: [TO BE DETERMINED BY LEGAL] Effective Date: [TO BE DETERMINED BY LEGAL]

1. Introduction

Welcome to Top Ten Club! These Terms of Service ("Terms") govern your access to and use of the Top Ten Club web application (the "Service"), operated by [COMPANY LEGAL NAME TO BE PROVIDED] ("we," "our," or "us").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

⚠️ LEGAL REVIEW REQUIRED: This document is an engineering draft and requires legal review before production deployment.

2. Eligibility

2.1 Age Requirements

  • You must be at least 13 years old to use the Service (or 16 years old if located in the European Economic Area)
  • If you are under 18, you represent that you have parental or guardian consent to use the Service

2.2 Spotify Account Requirement

  • You must have a valid Spotify account to use certain features of the Service
  • You are responsible for maintaining the security of your Spotify account credentials
  • You agree to comply with Spotify's Terms of Service and Developer Terms

2.3 Geographic Restrictions

  • The Service is currently available to users with valid Spotify accounts in regions where Spotify operates
  • We reserve the right to restrict access based on geographic location

3. Account Registration

3.1 Account Creation

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the confidentiality of your account credentials
  • You agree to notify us immediately of any unauthorized use of your account

3.2 Account Termination

  • You may delete your account at any time through the Service settings
  • We reserve the right to suspend or terminate accounts that violate these Terms
  • Upon termination, your data will be deleted in accordance with our Privacy Policy

4. Spotify Integration and Compliance

4.1 Third-Party Service Integration

Top Ten Club integrates with Spotify to provide music-related features. By using our Service, you acknowledge and agree that:

  1. Spotify Terms Apply: Your use of Spotify features through our Service is governed by Spotify's Terms of Service
  2. Spotify Data: We access Spotify data only as described in our Privacy Policy and in compliance with Spotify Developer Policy
  3. No Warranty: We are not responsible for Spotify's availability, performance, or changes to their API
  4. Spotify Branding: All Spotify trademarks, logos, and brand assets are owned by Spotify AB

4.2 Spotify Developer Policy Compliance

In accordance with Spotify Developer Policy, we commit to:

4.2.1 Minimal Data Access

  • Minimal Permissions: We request only the minimum OAuth scopes necessary to provide our Service:
    • user-read-email: To identify your account
    • user-read-private: To personalize your experience
    • playlist-modify-public: To create public playlists for completed rounds (when requested)
    • playlist-modify-private: To create private playlists for completed rounds (when requested)
    • streaming: To enable in-app music playback (Premium users only)
    • user-read-playback-state: To display current playback status (Premium users only)
    • user-modify-playback-state: To control playback (play, pause, skip) within the app (Premium users only)
  • No Excessive Access: We do NOT access your Spotify library, listening history, top artists, or top tracks
  • Premium Features: In-app playback features require a Spotify Premium subscription
  • Revocable Access: You may revoke our access to your Spotify account at any time through Spotify Account Settings

4.2.2 Data Protection and Deletion

  • 5-Day Deletion: If you revoke Spotify access or delete your account, we will delete all Spotify-sourced data within 5 business days
  • No Data Resale: We do NOT sell, rent, or share your Spotify data with third parties for marketing or advertising purposes
  • Data Security: We implement industry-standard security measures to protect your Spotify data (see Privacy Policy Section 7)

4.2.3 Brand Attribution

  • Spotify Branding: We display Spotify logos and icons next to all Spotify content in compliance with Spotify Brand Guidelines
  • Content Standards: All Spotify album artwork and metadata is displayed without modification (except for 4px rounded corners per design guidelines)
  • Explicit Content: We display explicit content badges for tracks flagged as explicit by Spotify

4.2.4 API Usage

  • Rate Limits: We respect Spotify API rate limits and implement caching to minimize requests
  • Error Handling: We handle Spotify API errors gracefully and notify users of service disruptions
  • API Changes: We monitor Spotify API updates and adapt our Service accordingly

4.3 User Responsibilities for Spotify Integration

You agree to:

  • Maintain a valid Spotify account to use playlist creation features
  • Authorize Top Ten Club to access your Spotify account through OAuth
  • Not attempt to circumvent Spotify API rate limits or access restrictions
  • Not use our Service to violate Spotify's Terms of Service or Developer Policy
  • Not share or resell Spotify content accessed through our Service

You understand that:

  • Playlist creation requires an active Spotify account (Free or Premium)
  • In-app music playback requires a Spotify Premium subscription
  • Spotify may change their API, which could affect Service functionality
  • We are not responsible for Spotify account suspensions or terminations
  • Revoking Spotify access will disable certain features (playlist creation, in-app playback)

5. Acceptable Use

5.1 Prohibited Conduct

You agree NOT to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights of others
  • Submit content that is illegal, harmful, threatening, abusive, harassing, defamatory, or obscene
  • Impersonate others or provide false information
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Interfere with or disrupt the Service or servers/networks connected to the Service
  • Use automated scripts, bots, or scrapers to access the Service
  • Submit duplicate, spam, or fraudulent votes or song submissions
  • Reverse engineer, decompile, or disassemble any part of the Service

5.2 Content Moderation

We reserve the right to:

  • Remove any content that violates these Terms
  • Suspend or terminate accounts engaged in prohibited conduct
  • Report illegal activity to law enforcement

6. User-Generated Content

6.1 Your Content

When you submit songs, cast votes, or participate in rounds:

  • You retain ownership of your submissions
  • You grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your submissions as part of the Service
  • You represent that you have the right to submit the content
  • You understand that your submissions may be visible to other users

6.2 Content Removal

You may delete your submissions at any time by:

  • Deleting individual submissions through the Service interface
  • Deleting your entire account (see Section 3.2)

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its design, features, software, and content (excluding user-generated content), is owned by Top Ten Club and protected by copyright, trademark, and other intellectual property laws.

7.2 Third-Party Intellectual Property

  • Spotify: All Spotify trademarks, logos, and brand assets are owned by Spotify AB
  • Music Metadata: All song titles, artist names, album artwork, and metadata are owned by their respective rights holders
  • User Content: User-generated content is owned by its creators

7.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes, subject to these Terms.

8. Disclaimers and Limitations of Liability

8.1 Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, either express or implied, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the Service will be uninterrupted, secure, or error-free
  • Warranties regarding the accuracy, reliability, or completeness of content

8.2 Third-Party Services

We are not responsible for:

  • Spotify's availability, performance, or changes to their API
  • Third-party hosting providers (Vercel, Neon) or their service disruptions
  • Content accuracy or availability from external sources

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • We are not liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability shall not exceed the amount you paid us in the past 12 months (if any)
  • Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so these limitations may not apply to you

8.4 User Disputes

You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between users.

9. Indemnification

You agree to indemnify, defend, and hold harmless Top Ten Club, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights (including Spotify's rights)
  • Your user-generated content

10. Changes to the Service

We reserve the right to:

  • Modify, suspend, or discontinue the Service (or any part thereof) at any time
  • Change pricing, features, or availability without prior notice
  • Update these Terms as needed to reflect changes in our practices or legal requirements

Notification of Material Changes:

  • We will notify you of material changes to these Terms via email or prominent notice on the Service
  • Continued use of the Service after changes constitutes acceptance of the updated Terms

11. Termination

11.1 Termination by You

  • You may terminate your account at any time through the Service settings
  • Termination is effective immediately upon deletion
  • Your data will be deleted in accordance with our Privacy Policy (see Section 5 of Privacy Policy)

11.2 Termination by Us

We may suspend or terminate your account if:

  • You violate these Terms or our Privacy Policy
  • You engage in fraudulent or illegal activity
  • You abuse the Service or other users
  • Required by law or regulatory authority

Effects of Termination:

  • Your access to the Service will be immediately revoked
  • Your data will be deleted within 5 business days (Spotify data) or as specified in our Privacy Policy
  • Sections of these Terms that should survive termination (e.g., intellectual property, disclaimers, indemnification) will remain in effect

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, you agree to contact us at [COMPANY EMAIL TO BE PROVIDED] to attempt to resolve the dispute informally. We will respond within 10 business days.

12.2 Governing Law

These Terms are governed by the laws of [JURISDICTION TO BE PROVIDED BY LEGAL], without regard to conflict of law principles.

12.3 Arbitration Agreement

[TO BE DETERMINED BY LEGAL - Include arbitration clause or court jurisdiction]

Options to consider:

  • Arbitration: Binding arbitration for disputes (exclude class actions)
  • Court Jurisdiction: Exclusive jurisdiction in [LOCATION] courts
  • Small Claims Court: Option for claims under $10,000

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Top Ten Club regarding the Service.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to any affiliate or successor.

13.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control (e.g., natural disasters, pandemics, government actions, Spotify API outages).

14. Contact Us

If you have questions or concerns about these Terms, please contact us:

  • Email: [COMPANY EMAIL TO BE PROVIDED BY LEGAL]
  • Subject Line: "Terms of Service Inquiry"
  • Response Time: We aim to respond within 5 business days

For Spotify-related issues, you may also contact Spotify directly through their Support Center.

15. Spotify Developer Policy References

This Service complies with the following Spotify policies:

⚠️ LEGAL REVIEW STATUS: PENDING Next Steps: Legal team review required before production deployment Contact: [LEGAL TEAM CONTACT TO BE PROVIDED]

This document is an engineering draft created using industry-standard templates (Termly). It requires review and approval from qualified legal counsel before being published or relied upon.