We went through a TOS kerfuffle recently with our startup. As a team we fall pretty far on the side of users' rights and privacy. I can't speak for Spotify, but

We went through a TOS kerfuffle recently with our startup. As a team we fall pretty far on the side of users' rights and privacy. I can't speak for Spotify, but I can say we found it to be a bit of a challenge to balance users' rights with future feature ideas, privacy controls within a mobile OS, corner cases, and legal fees. We wanted to keep options open around business models and features without having to go back to our lawyer (and our users) with every new release. It was instructive to be on the other end of crafting a TOS and realizing just how complicated and expensive it can get to try to do the right thing.