Spoilery Terms of Service

Art. 1 Who we are and how to contact us

1.1 Spoilery is operated by KEYCAP NYC LLC, a limited liability company organized under the laws of the State of New York (United States), with its office at 85 John Street, Suite 2J, New York, NY 10038, United States («Spoilery», «we» or «us»).

1.2 For support, complaints and reports of content or of copyright infringement, write to accounting@spoilery.net. The same address is the point of contact for users and for authorities under Articles 11 and 12 of Regulation (EU) 2022/2065 on digital services (the «DSA»), in Italian or in English. Reports can also be sent with the «Report» feature of the app (Art. 14).

1.3 As we have no establishment in the European Union, our legal representative in the EU under Art. 13 of the DSA is Luigi Florio, Via Paolo Lomazzo 19, 20154 Milano (MI), Italy, email accounting@spoilery.net. Authorities may contact the representative, in addition to us, on all matters relating to the DSA.

Art. 2 Definitions

App: the Spoilery application on iOS, Android, web and computer, including the Pro Portal.
User: anyone who has a Spoilery account.
Fan: a user who listens to and votes on spoilers.
Artist: a user who has turned on Artist mode and uploads tracks.
Professional or Pro: a user verified by Spoilery who uses the Pro Portal on behalf of a label, publisher, management company or other music industry business.
Spoiler: an unreleased track uploaded by an artist, with its title, genre, images and other related data.
Artist Content: spoilers, stage name, images, bio, links and any other material the artist uploads or provides.
Vote: HIT, PASS or SAVE, given with a swipe.
Credits: digital units used only in the app to publish spoilers and buy promotions. They are not money.
Artist Subscription: the paid subscription that allows uploading spoilers when payments are active.
Store: Apple's App Store and Google Play.

Art. 3 Acceptance and related documents

3.1 By creating an account or using the app you accept these Terms. If you do not accept them, do not use the app.

3.2 The following apply together with these Terms, where relevant: the rules of each contest or initiative (Art. 19), the Pro Portal conditions (Art. 18) and the terms of the store you buy from (Art. 16). The Privacy Policy explains how we process your personal data.

3.3 The rules of a contest prevail over these Terms only for that contest.

3.4 The statements you confirm at each upload are in addition to those in Art. 8 and apply to the spoiler they refer to.

Art. 4 Age, account and sign-in

4.1 You must be at least 14 years old to use the app.

4.2 You must be an adult (at least 18 years old) to turn on Artist mode, and therefore to use the subscription, credits and promotions, and to take part in contests.

4.3 You sign in with an Instagram, TikTok, Google or Apple account. That service has its own terms and does not share your password with us. If it suspends or closes your account, you may be unable to sign in to Spoilery: in that case, contact support.

4.4 Your account is personal: one person, one account. You may not create fake or automated accounts or accounts on behalf of others, or transfer or sell yours. The artist profile of a band is managed by one member, who has the consent of the others and is responsible for it.

4.5 You are responsible for what happens with your account. If you suspect unauthorized access, tell us immediately.

4.6 Your name, stage name and handle must not suggest that you are another person, another artist or a brand that does not belong to you.

Art. 5 The service

5.1 On Spoilery, artists upload unreleased tracks, fans listen to and vote on them, the most appreciated tracks climb the Spoilery Stars chart, and verified professionals consult aggregated data in the Pro Portal.

5.2 The app is free for fans. Each day you can listen to a limited number of spoilers; where available, you can unlock more by watching an ad (Art. 17). The limits in force are shown in the app and may change.

5.3 For artists, when payments are active, uploading requires the Artist Subscription and credits (Art. 16).

5.4 We may add, change or remove features, limits and content of the app, including for security, legal or technical reasons. Changes that materially worsen what you have paid for are governed by Art. 24.

5.5 We do our best to keep the app running without interruption, but we cannot guarantee it: there may be maintenance, errors or outages of our providers. Some features may be in testing and marked as such.

5.6 Your device, connection and their costs are your responsibility.

Art. 6 Rules of conduct

6.1 Spoilers are confidential. You may listen to them only inside the app. You may not record, download, capture (including by screen recording or with another device), copy, extract, republish or share the audio of spoilers, in whole or in part, or use them outside the app. You may share a spoiler only with the app's sharing features, when available. Anyone who leaks a spoiler also infringes the artist's rights, and the artist may take action against them.

6.2 Votes and charts are fair. You may not manipulate them, for example with multiple or fake accounts, bots or scripts, votes that are bought, sold or exchanged, paid campaigns for mass voting, votes for your own tracks cast from other accounts, or by circumventing daily limits and ads.

6.3 Systems and data. You may not access the app or its servers without authorization, circumvent protection measures (such as expiring listening links), extract data automatically, overload the service, collect other users' data, or decompile or modify the app beyond what the law allows.

6.4 People. You may not harass, threaten or insult other users, impersonate another person, publish other people's personal data or use the app for unlawful activities.

6.5 Commercial use. You may not use the app or its data for commercial purposes without our written consent. Artists promoting their own music and professionals within the limits of Art. 18 are exceptions.

6.6 Anyone who breaks these rules may lose votes, chart positions and participation in contests, in addition to the measures in Art. 21. We use technical tools to prevent abuse, such as rate limits and capture blocking where the device allows it.

Art. 7 Artist mode and uploading

7.1 You turn on Artist mode from your Profile by entering your stage name, handle, genre and, optionally, a bio and links, and by accepting Articles 7–16.

7.2 To upload a spoiler you need: Artist mode turned on; when payments are active, the Artist Subscription and at least one credit; a file in the formats and sizes shown in the app (currently WAV or MP3, up to 12 MB); a title and genre; the four confirmations required at each upload.

7.3 Every spoiler is reviewed before it can be listened to (Art. 13). We may decide not to publish it; we do not guarantee publication or review times.

7.4 A spoiler can be in review, live (available to listen to), paused (out of the feed) or removed. If you turn off Artist mode, your spoilers are paused until you turn it back on.

7.5 You alone are responsible for the content you upload. Our review protects the platform; it does not verify the rights to the track on your behalf and does not replace your statements.

7.6 If you upload for a band or together with other artists, you declare that you have their consent to do so and to grant the permissions in Art. 9 on their behalf as well.

Art. 8 Artist representations and warranties

By uploading a spoiler you represent and warrant the following, under your own responsibility. These statements must be true when you upload and when the spoiler goes live, and must remain true for as long as it is on Spoilery. They are essential conditions: without them, we would not publish it.

8.1 The track is yours.

You are the author of the lyrics and music and the producer of the recording, or you otherwise hold all the necessary rights: copyright, performers' rights and phonogram producer's rights, in the track and in its recording.
The track is original and does not copy, in whole or in part, other people's works: melodies, lyrics, instrumentals, beats or recordings.
The track does not belong to a third party: you are not uploading it on someone's behalf without their written mandate, and you have not granted a label, publisher or distributor exclusive rights that prevent you from granting the permissions in Art. 9.
No one can claim payment from Spoilery for the uses in Art. 9 or prohibit them.

8.2 The track is unreleased.

It has never been published or made available to the public, in whole or in a substantial part, on streaming, download or video platforms such as Spotify, Apple Music, YouTube Music, YouTube, Amazon Music, Deezer, Tidal, SoundCloud or Bandcamp.
It has not been distributed on physical media (CD, vinyl) or broadcast by radio or television.
Live performances and short previews of up to 30 seconds posted on your social media profiles do not affect this requirement.
After publication on Spoilery you can release it wherever you want (Art. 10).

8.3 Artificial intelligence and voice.

The track is not generated entirely by artificial intelligence systems. You may use AI as a tool, for example for arrangement, production, mixing, mastering or instrumental parts, but the track must be the result of your own creative work. Under Italian law only works of human authorship are protected, even if created with the help of AI (Art. 1 of Law 633/1941, as amended by Law 132/2025): an entirely generated track would have no rights to grant us.
All voices, whether sung, rapped or spoken, belong to real people who recorded them and consented to their use. Voices generated, synthesized or cloned with AI are not allowed. Effects applied to a real voice, such as autotune, pitch correction, vocoder or harmonizers, are allowed.
No part of the track imitates the voice or identity of another person so as to suggest that they are involved.
If you use AI tools, you comply with their terms of use and their output does not infringe other people's rights.
At our request, within 7 days, you tell us which tools you used and provide evidence of compliance with this article, such as project files, stems or vocal recordings. If you do not, we may remove the spoiler.

8.4 Co-authors, performers, samples and collecting societies.

You have the written consent of all co-authors, performers (including guests and backing vocalists), producers and beatmakers to publish the track on Spoilery under these Terms.
Every third-party sample, loop or instrumental is covered by a licence that allows this use. Beats and loops bought as «royalty free» must allow the track to be published online.
If you or a co-author are members of SIAE or another collective management organization, you have verified that you can grant us the permissions in Art. 9 without additional fees, and you hold us harmless from any claim by that organization for the uses provided for in these Terms.

8.5 Title, images and data. The title, images and information you provide are yours or you have the right to use them. They do not contain other people's trademarks, images of identifiable people without their consent, or misleading information, such as a «feat.» with an artist who did not take part.

8.6 Lawful content. The track and its related data do not break the law or infringe other people's rights. In particular, they do not contain: incitement to violence or hatred against people or groups, threats against or defamation of real people, glorification of terrorism, content that sexualizes minors, or other people's personal data. Explicit lyrics and strong themes are part of artistic freedom: we may label them as such or limit their visibility to minors.

Art. 9 The permissions you grant Spoilery

9.1 For each spoiler you grant us a non-exclusive, royalty-free licence, valid in the countries where the app is available, for the duration set out in Art. 12, to:

Preview of an unreleased track: let app users listen to the track as a preview, by streaming and without the possibility of downloading it, before any other release.
Promotion: show and recommend it in the app (Discover, Stars, notifications, Pro Portal) and promote Spoilery outside the app with audio excerpts of up to 30 seconds, the title, stage name, images and results (votes, positions, scores), on social media, website, stores, press, advertising and contest materials.
Storage: keep it on the platform, on our servers and on those of our providers, including the history in Art. 12.4.
Technical operations: copy it, convert it to other formats, compress it, normalize its volume, create excerpts, insert an inaudible watermark, and analyse it to recognize tracks that are already released or protected and to extract technical data (such as genre, tempo and energy) used by recommendations and indices.

9.2 You also authorize us to use your stage name, handle, profile picture, bio and links to credit you as the author of the spoiler and in the promotion under 9.1.2.

9.3 The licence is royalty-free: you receive no fees, royalties or percentages for plays, votes, promotion or ads shown in the app. The subscription and credits are the price of the service we offer you, not payment for the track.

9.4 The technical operations under 9.1.4 do not change the artistic content of the track, and you accept them now. We do not remix, cut or alter the track, except for promotional excerpts.

9.5 We may have the files processed by the providers we need for the service, such as hosting, content delivery and audio recognition, only on our behalf and for the purposes of these Terms.

9.6 What we do not do with your tracks: we do not sell them or license them to third parties; we do not publish them on other music platforms; we do not use them, or allow them to be used, to train artificial intelligence systems that generate music or voices. Professionals can listen to them and see their data only in the Pro Portal, with the same confidentiality obligations as fans (Art. 18).

9.7 Promotional materials published while the spoiler was live may remain online after its removal; from then on we do not create new ones.

Art. 10 What the artist keeps

10.1 The track remains yours. Spoilery does not acquire ownership of it or any exclusive rights.

10.2 You can release and distribute it and sign contracts with labels, publishers or distributors whenever you want, even while it is on Spoilery. If a contract does not allow the licence in Art. 9, remove the spoiler (Art. 12). Spoilery has no rights in the contracts you sign, unless otherwise agreed in writing.

10.3 When you release the track elsewhere, let us know from the app or through support. We may show where to listen to it («Now available on…»), remove it from Discover and keep it in the Stars history.

10.4 You will always be credited as the author under your stage name. The moral rights in the track remain yours.

Art. 11 The risks of publishing a preview

11.1 Publishing on Spoilery means letting an audience hear the track: from that moment it is no longer a secret. You authorize this knowingly.

11.2 We protect spoilers with technical measures: no downloads, listening links that expire after a few minutes, rate limits and capture blocking where the device allows it. However, no system can stop a listener from recording with another device. We are not liable for copies made by users or third parties in breach of these Terms, except in cases of our wilful misconduct or gross negligence. If you report a copy to us, we cooperate: we close the accounts responsible and provide data to the authorities that request it.

11.3 Publication on Spoilery may cause the track to lose the «unreleased» status required by festivals, competitions (for example the Sanremo Festival), labels, publishers or distributors. Check their rules before uploading: Spoilery is not liable for exclusions or lost contracts for this reason.

11.4 Votes, hit-score, charts and AI indices do not guarantee success, contracts or earnings. Votes are the free opinions of fans and may be negative.

11.5 Other artists may upload tracks similar in genre, theme or style. Plagiarism disputes between users are reported through the procedure in Art. 14.

Art. 12 Duration, removal and retention

12.1 The licence in Art. 9 lasts as long as the spoiler remains on Spoilery, subject to 12.4 and 9.7.

12.2 You can remove a spoiler at any time, from the Studio or by writing to support. We remove it from Discover, from fans' Saved lists and from the Pro Portal without delay and in any case within 7 days. Credits spent to publish it are not refunded. If the spoiler is taking part in a contest, removing it excludes it from the contest.

12.3 If you delete your account, we remove all your spoilers.

12.4 After removal we keep only:

the history: title, stage name, genre, image, dates, votes, Stars positions and aggregated statistics, which remain in past charts without the track being available to listen to;
a copy of the file, not accessible to the public, for 12 months, to defend ourselves against claims, respond to authorities and detect abuse;
the audio fingerprint of tracks removed for breach of these Terms, even beyond that period, to prevent them from being uploaded again;
backups, deleted through normal rotation cycles within 30 days.

12.5 We may remove or pause a spoiler in the cases set out in Articles 13 and 21.

Art. 13 Content moderation

13.1 We have no general obligation to monitor uploaded content, but we check every spoiler before it can be listened to.

13.2 Moderation takes place at three stages:

automatic check: a specialized provider compares the audio with archives of released tracks; if the match is certain, the spoiler is rejected automatically and the credit is returned;
human review: a member of our team listens to the track and checks its data against these Terms;
after publication: reports (Art. 14), automated systems that detect abnormal votes, and spot checks.

13.3 If content or conduct breaks the law or these Terms we may, in proportion to its seriousness, its repetition and good faith: not publish the spoiler, remove or pause it, limit its visibility (for example by excluding it from Stars, from contests or from minors' view), cancel votes and positions, or suspend Artist mode or the account (Art. 21).

13.4 Whenever we take one of these measures we explain why: which measure, the facts, whether the decision was taken by automated means, the rule broken and how to challenge it. We do not do so only when the law or an authority prohibits it.

13.5 You can challenge the decision within 6 months, from the app or by writing to accounting@spoilery.net. Your complaint is examined by a person, not only by automated systems, and you receive a reasoned reply. If we agree with you, we restore the spoiler with its statistics. Out-of-court dispute settlement before a certified body under Art. 21 of the DSA and recourse to the courts remain available.

Art. 14 Reports and copyright

14.1 Anyone, even without an account, can report content they believe to be illegal or contrary to these Terms, with the «Report» feature of the app or by writing to accounting@spoilery.net.

14.2 A report must contain:

the reasons why the content is allegedly illegal or contrary to these Terms;
the precise identification of the content (title, artist, link or screenshot);
the name and email of the person reporting, except where the law provides otherwise;
a statement that the information is, in good faith, accurate and complete.

If you report a copyright infringement, also indicate the work infringed and the right you claim; if you act on behalf of the rights holder, your mandate.

14.3 We acknowledge receipt, examine the report diligently and objectively, and communicate the decision to the person who sent it and to the artist. While we examine a report we may pause the spoiler as a precaution.

14.4 The artist can respond and challenge it through the procedure in Art. 13.5, providing evidence of their rights.

14.5 After a warning, we may suspend for a reasonable period the processing of reports from anyone who frequently sends manifestly unfounded ones.

14.6 We close the accounts of artists who repeatedly infringe other people's rights.

14.7 If we become aware of information giving rise to a suspicion of a criminal offence threatening the life or safety of persons, we inform the competent authorities.

Art. 15 Votes, charts and indices

15.1 Each user has one vote per spoiler, HIT, PASS or SAVE, which can be changed within 24 hours. You cannot vote on your own spoilers.

15.2 The hit-score is an index from 0 to 100 calculated automatically from votes, saves, listening completion and number of listeners; votes from fans with a higher trendsetter score carry more weight. Spoilery Stars ranks spoilers by hit-score over the period shown, with a minimum number of votes. The hit probability and the AI score are statistical estimates calculated from the same data and their trend: they are indications, not certain predictions.

15.3 Discover suggests spoilers you have not yet voted on, never your own. The main ranking criteria are the genres you have chosen, novelty, recent popularity and active promotions. You can filter by genre.

15.4 Artists can promote a spoiler with credits so that it appears more often in Discover or in featured spots. Promoted spoilers are labelled as such. Promotions increase plays, not votes: the hit-score depends only on what users do.

15.5 We may cancel votes, plays and positions obtained in breach of Art. 6.2, even after a chart has closed, and update the formulas to make them more accurate or more resistant to abuse.

15.6 Trendsetter score, accuracy and fan badges are game elements with no economic value.

15.7 Votes, statistics, charts and indices are Spoilery databases. Artists see the data of their own spoilers in the Studio in aggregated form, without the identity of individual fans.

Art. 16 Artist Subscription, credits and purchases

16.1 Purchases are made in the iOS and Android app through the store, which handles payment, receipt, renewal and refunds under its own terms. Prices are those shown by the store before purchase, including VAT or sales tax where applicable.

16.2 Artist Subscription. It renews automatically each period unless cancelled in the store settings at least 24 hours before renewal. Cancellation takes effect at the end of the period already paid for. Uninstalling the app or deleting your Spoilery account does not cancel the subscription: you must cancel it in the store.

16.3 Monthly credits. Each paid subscription period gives 5 credits, valid only in that period: they do not accumulate, and unused ones expire at renewal or when the subscription ends.

16.4 Purchased credits. Top-ups do not expire and remain even if the subscription ends, but when payments are active they can only be used with an active subscription. Monthly credits are spent first, then purchased ones.

16.5 Using credits. Publishing a spoiler costs 1 credit, deducted when it is submitted for review; promotions cost the credits shown in the app. If the spoiler is rejected in review or the audio processing fails, the credit returns to the balance it was taken from. We do not refund credits for spoilers removed after publication, whether by the artist or by us for breach of these Terms.

16.6 Credits have no monetary value: they cannot be exchanged for money, transferred, sold or refunded, except where the law or the store's rules provide otherwise. They are lost when the account is closed.

16.7 Free periods. We may set periods in which uploading is free, for example during a contest. During those periods the subscription and credits are not needed to upload, promotions may be suspended and the credits you hold remain. Before payments become necessary again, we notify you in the app at least 7 days in advance.

16.8 Changes to the subscription price are communicated to you in advance through the store, which asks for your consent where required; you can always cancel. New prices for credits and promotions apply to subsequent purchases.

16.9 Right of withdrawal. Consumers in the European Union exercise the 14-day right of withdrawal under the Italian Consumer Code through the store's procedures. By requesting immediate crediting of a top-up, you acknowledge that once the credits have been added you lose the right of withdrawal for that purchase (Art. 59(1)(o) of Legislative Decree 206/2005).

16.10 If the store refunds a top-up, we remove the corresponding credits; if you have already spent them, we may suspend uploads and promotions until your balance is back to zero.

Art. 17 Advertising

17.1 The app shows third-party ads through Google AdMob, in particular rewarded ads that you choose to watch to unlock more spoilers. The reward is granted only when the ad network confirms that the ad was watched in full.

17.2 Personalized ads appear only with your consent, where the law requires it; minors are shown only non-personalized ads.

17.3 We are not responsible for advertisers' content and products. You can report an inappropriate ad to us.

17.4 Obtaining rewards through fake views, automation or other tricks is prohibited.

Art. 18 Pro Portal

18.1 Only professionals verified by Spoilery on request (company, role, VAT number, website) can access the Pro Portal. We may refuse or revoke access.

18.2 Professionals see charts, indices and aggregated data and can listen to spoilers in the Portal, with the same confidentiality obligations as fans (Art. 6.1). They use the data only for their company's scouting activity: they do not resell it, extract it automatically or export it beyond the Portal's features.

18.3 They contact artists only through the channels provided by the app or the public channels indicated by the artist, without mass messaging.

18.4 Spoilery is not a party to agreements between professionals and artists, does not act as an agent or intermediary, and does not guarantee the artists' rights or the accuracy of the data: each party verifies for itself. Specific conditions may apply to paid Pro services.

18.5 Professionals use the Portal in the course of their business: protections reserved for consumers do not apply.

Art. 19 Contests and initiatives

19.1 Each contest has rules published before it starts, with prizes, criteria, dates, requirements and eligible countries. For that contest, the rules prevail over these Terms.

19.2 By taking part you authorize the use of your stage name, your image and the spoiler in communications about the contest, within the limits of Art. 9.

19.3 We exclude anyone who breaches Articles 6 or 8. Before awarding a prize we may verify identity, age and rights to the track.

19.4 During a contest we may suspend promotions to ensure equal conditions for everyone.

Art. 20 Spoilery's intellectual property

20.1 The app, software, graphics, Spoilery trademark and logo, texts and databases belong to Spoilery or its licensors. We grant you a personal, limited, non-exclusive, non-transferable and revocable licence to use the app in accordance with these Terms.

20.2 If you send us suggestions or ideas about the app, we may use them freely and without compensation.

Art. 21 Suspension and closure of the account

21.1 You can delete your account at any time from Profile → Delete account. Your profile, votes, saved spoilers, artist profile and spoilers are deleted, except for what is kept under Art. 12.4. Credits are lost. The subscription must be cancelled in the store (Art. 16.2).

21.2 We may suspend or close your account, Artist mode or individual features, with notice where possible, if: you breach these Terms seriously or repeatedly; a statement under Art. 8 turns out to be false; you commit fraud, manipulate votes or leak spoilers; the law or an authority requires it; your conduct puts other users or Spoilery at risk. In serious cases, such as leaking spoilers, false statements about rights or illegal content, we act immediately and without notice.

21.3 We may close accounts that have been inactive for more than 24 months, after notifying you.

21.4 If we close your account for breach of these Terms, credits are lost without refund, spoilers are removed and you may not open new accounts.

21.5 Articles 8, 9.7, 11, 12.4, 15.7, 20, 22, 23 and 25 survive the closure of the account.

Art. 22 Indemnity

22.1 If any of your statements under Art. 8 is untrue, or if you breach these Terms, you will hold harmless Spoilery, its directors, employees and providers from any claim, damage, penalty and expense arising from it, including reasonable legal fees. This applies in particular to claims by co-authors, performers, producers, labels, publishers and collective management organizations such as SIAE.

22.2 We will inform you of the claim without delay and allow you to take part in the defence. The indemnity applies within the limits permitted by law and only for the consequences of your breach.

Art. 23 Limitation of liability

23.1 Spoilery is always liable for damage caused by wilful misconduct or gross negligence, for personal injury and in the other cases in which the law does not allow limitations.

23.2 Outside those cases we are not liable for: indirect damage, loss of profits, opportunities or contracts; exclusion from festivals or competitions (Art. 11.3); unauthorized copies made by users or third parties (Art. 11.2); interruptions or errors due to providers, stores, sign-in services or force majeure; content and conduct of other users.

23.3 For damage due to ordinary negligence our total liability is limited to the amount you paid us in the 12 months before the event, or to 100 euros if higher.

23.4 Sections 23.2 and 23.3 do not apply to consumers where the law does not allow it. The legal guarantee of conformity of digital content and services (Articles 135-octies et seq. of Legislative Decree 206/2005) and consumers' other mandatory rights always remain.

Art. 24 Changes to the Terms and the service

24.1 We may change these Terms because of changes in the law, new features, security, abuse prevention, changes to prices, credits or the service model, or to make them clearer.

24.2 We notify you in the app at least 15 days before the changes take effect. Changes required by law or necessary for security, and changes in your favour, may apply immediately.

24.3 If you do not accept the changes you can delete your account and cancel your subscription before they take effect. If a change materially worsens a paid service, you have the withdrawal and refund rights provided by the Consumer Code.

24.4 If you continue to use the app after the changes take effect, they are deemed accepted. At your next upload we ask you to confirm the statements again under the new version.

24.5 If we decide to close the service permanently, we notify you at least 60 days in advance and refund purchased and unused credits where the law requires it.

Art. 25 Governing law, jurisdiction and complaints

25.1 The laws of the State of New York (United States) apply. If you are a consumer resident in the European Union, you keep the mandatory protections of the law of your country.

25.2 For disputes with consumers, the court of the consumer's place of residence or domicile has jurisdiction. For all other users, including artists acting in the course of their professional activity and professionals, the state and federal courts located in New York County, State of New York (United States), have exclusive jurisdiction.

25.3 To make a complaint, write to accounting@spoilery.net: we reply within 30 days. If you are a consumer you can also turn to an alternative dispute resolution (ADR) body or a mediation body.

25.4 If you live in the United States, the Additional Terms for Users in the United States at the end of these Terms apply and prevail over this Article.

Art. 26 iOS users

If you downloaded the app from the App Store:

these Terms are an agreement between you and Spoilery, not with Apple, which is not responsible for the app or its content;
you may use the app on Apple devices that you own or control, as permitted by the Usage Rules set forth in Apple's Media Services Terms and Conditions, including via Family Sharing;
Apple has no obligation to provide maintenance or support for the app;
if the app fails to conform to any applicable warranty, you may notify Apple, which will refund any purchase price of the app; to the extent permitted by law, Apple has no other warranty obligation;
Apple is not responsible for any claims relating to the app, including product liability, failure to conform to legal or regulatory requirements, consumer protection and privacy;
if a third party claims that the app infringes its intellectual property rights, Spoilery, not Apple, is responsible;
you represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a «terrorist supporting» country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
questions and complaints about the app go to the contacts in Art. 1;
you comply with the terms of third-party services you use with the app, such as your mobile network operator;
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right to enforce them against you.

Art. 27 Final provisions

27.1 If any provision is held invalid, the others remain valid.

27.2 Failure to exercise a right does not constitute a waiver.

27.3 We may assign this agreement to another company in the event of a transfer of the business, merger or demerger, and will notify you. You may not assign your account or this agreement.

27.4 Communications reach you in the app, through messages and notifications, or at the email address you have given us, if any.

27.5 These Terms are published in Italian and English. In case of discrepancies the Italian version prevails, except for the interpretation most favourable to the consumer.

Art. 28 Specific approval of clauses

If you are not a consumer, pursuant to Articles 1341 and 1342 of the Italian Civil Code you specifically approve the following clauses: 4.3 (sign-in through third-party services); 5.4 and 5.5 (changes to and interruptions of the service); 7.3 (no guarantee of publication); 9 (royalty-free licence); 11.2 and 11.3 (unauthorized copies and loss of unreleased status); 12.2 and 12.4 (credits not refunded and retention after removal); 13.3 (moderation measures); 15.5 (cancellation of votes and positions); 16.5, 16.6, 16.7 and 16.10 (credits and free periods); 18.4 (no intermediation); 21.2 and 21.4 (suspension and closure); 22 (indemnity); 23 (limitation of liability); 24 (unilateral changes); 25.2 (jurisdiction); 27.3 (assignment of the agreement).

United States Additional Terms for Users in the United States

These Additional Terms apply if you live in the United States. Where they conflict with Articles 1–28, these Additional Terms prevail. Articles 16.9, 25.1–25.3, 27.5 and 28 do not apply to you.

US.1 Eligibility. You must be at least 14 years old to use the app. We do not knowingly collect personal information from children under 13; if we learn that we have, we delete it and close the account. Where these Terms require you to be an adult, you must be at least 18 years old, or the age of majority in your state if higher.

US.2 Copyright notices (DMCA). We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). Send notices to our designated agent:

Name: designated agent
Address: postal address
Phone: phone number
Email: email address

Your notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim has been infringed; (c) identification of the material you claim is infringing and information reasonably sufficient for us to locate it, such as the title and artist of the spoiler; (d) your name, address, telephone number and email address; (e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf.

US.3 Counter-notices. If your spoiler was removed or disabled following a notice and you believe this was a mistake or a misidentification, you may send our designated agent a counter-notice including: (a) your physical or electronic signature; (b) identification of the material removed and where it appeared; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (d) your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Spoilery may be found) and that you will accept service of process from the person who provided the original notice. Unless the person who sent the notice informs us that they have filed a court action, we may restore the material within 10 to 14 business days after receiving the counter-notice. Anyone who knowingly makes material misrepresentations in a notice or counter-notice may be liable for damages (17 U.S.C. § 512(f)). Under Art. 14.6, we terminate, in appropriate circumstances, the accounts of repeat infringers.

US.4 Disclaimer of warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED «AS IS» AND «AS AVAILABLE», AND SPOILERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT VOTES, CHARTS OR INDICES WILL LEAD TO ANY RESULT.

US.5 Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, SPOILERY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OPPORTUNITIES OR CONTRACTS, AND OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND US$100. Some states do not allow certain exclusions or limitations, so some of the above may not apply to you.

US.6 Informal resolution. Before starting arbitration or a court action, you and Spoilery agree to try to resolve the dispute informally. The party raising the dispute sends a written notice describing it and the relief sought (to us at accounting@spoilery.net). If the dispute is not resolved within 60 days, either party may proceed under US.7.

US.7 Binding arbitration. PLEASE READ THIS SECTION CAREFULLY: IT AFFECTS YOUR RIGHTS. Except as provided in US.8, any dispute arising out of or relating to these Terms or the app will be resolved by binding individual arbitration administered by arbitration provider, e.g. the American Arbitration Association under its Consumer Arbitration Rules, and not in court. The Federal Arbitration Act governs this section. The arbitration will take place in the county where you live or by video conference, and fees will be allocated as provided by the provider's rules. The arbitrator may award the same individual relief that a court could award.

US.8 Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property rights, including the leaking of spoilers.

US.9 Class action and jury trial waiver. YOU AND SPOILERY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING, AND YOU AND SPOILERY WAIVE THE RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable for a claim, that claim will be decided in court and not in arbitration.

US.10 Opting out. You can opt out of US.7 and US.9 by emailing accounting@spoilery.net within 30 days of first accepting these Terms, stating your name, the account you use to sign in and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

US.11 Governing law and courts. These Terms are governed by the laws of the State of New York and applicable U.S. federal law, without regard to conflict-of-law rules. Claims not subject to arbitration will be brought exclusively in the state or federal courts located in New York County, New York, and you and Spoilery consent to their personal jurisdiction.

US.12 Subscriptions and refunds. The store shows you the price, the renewal period and the cancellation terms before you subscribe. The Artist Subscription renews automatically until you cancel it in the store settings (Art. 16.2). Refunds are handled by the store under its policies.

US.13 California users. Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

US.14 Language. For users in the United States, the English version of these Terms prevails.