{"service":{"name":"Evernote","url":"https://evernote.com/intl/en/legal/terms-of-service","lang":"ENG","sector":"Work","hq":"US","hq_category":"US","is_public":"Private","is_paid":"Optionally paid","date":"21.07.2021"},"document":{"title":"","text":"Legal Information\nPrivacy Center\nTerms of Service\nUser Guidelines\nCommercial Terms\nEvernote Teams\nAgreement\nGlossary\nIP Compliance\nProgram\nTrademark Use\nInformation for\nAuthorities\nOpen Source\nLicenses\nLegal Document\nUpdates\nEffective Date: July 21, 2021 - What’s new »\nWelcome to Evernote! We invite you to access our\nwebsites and use the Evernote Service, but please\nnote that your invitation is subject to your agreement\nwith these Terms of Service. This document describes\nin detail your rights and our rights relating to the\nprovision of the Evernote Service, so please review\nthese Terms carefully. Capitalized terms that are not\ndefined in this document are defined in our Glossary. \nWhat Are the Terms of\nService?\nThe Terms of Service constitutes a contract between\nEvernote and you. The Terms include the provisions\nset forth in this document and in the Evernote Privacy\nPolicy, Commercial Terms, User Guidelines, IP\nCompliance Program, and if applicable the Evernote\nBusiness Agreement or Evernote Teams\nAgreement, and other terms or conditions that may\nbe presented by us and accepted by you from time to\ntime in connection with specific Evernote Service\nofferings (all of which we collectively refer to as the\n“Terms of Service” or “Terms”). If you do not agree to\nthese Terms, you do not have the right to access or\nuse the Evernote Service. If you do register for or\nTerms of Service\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\notherwise use the Evernote Service you shall be\ndeemed to confirm your acceptance of the Terms and\nyour agreement to be a party to this binding\ncontract. \nBy using the Evernote Service, you acknowledge,\naccept and agree with all provisions of the Privacy\nPolicy, including, without limitation, the use and\ntreatment of the Content in your account and your\npersonal information in accordance with such Privacy\nPolicy.\nWhat Is the Evernote\nService?\nThe Evernote Software and other products, services\nand websites hosted or made available by Evernote,\nincluding our downloadable applications, App Center,\nUser Forum, and Help & Learning are collectively\nreferred to in these Terms as the “Evernote Service.”\nIn exchange for being enabled to use the Evernote\nService, you agree to abide by these Terms.\nIf This Is a Contract,\nWho Are the Parties?\nYou, the Account Holder, are one party to this\ncontract. (An Account Holder is the person or entity\nwho has contracted with Evernote.) \nIf you reside in the United States or Canada, then the\nother party to this contract is Evernote Corporation, a\ncorporation headquartered in California. If you reside\nin Brazil, then the other party to this contract is\nEvernote do Brasil Serviços de Aplicações Ltda., a\ncompany headquartered in the city of São Paulo,\nState of Sao Paolo, Brazil (“Evernote Brasil”). If you\nreside outside of the United States, Canada and\nBrazil, then the other party to this contract is Evernote\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nGmbH, a company headquartered in Zurich,\nSwitzerland. (Evernote Corporation, Evernote GmbH\nand Evernote Brasil, as applicable, may be referred to\nin these Terms of Service as “Evernote,” “we” and\nsometimes “us”).\nOn some occasions, you may be purchasing products\nor service subscriptions from an authorized reseller.\nPlease review our Commercial Terms for information\nabout additional contract terms relating to such\npurchases.\nIs This the Only\nContract I Have with\nEvernote?\nIt depends upon how you interact with the Evernote\nService and our software applications. If you install\nany Evernote Software on your computing devices,\nyou may be asked to agree to an end user license\nagreement. If you pay for an Evernote subscription,\nyou will be asked to agree to the Commercial Terms. If\nyou use related Evernote products or services (such as\nEvernote Teams) or participate in our User Forum, you\nmay also need to enter into a separate agreement\nwith us (usually by clicking “accept” or “agree”). We\nrefer to each of these as a “Separate Agreement.” If\nthat happens, the Separate Agreement shall take\nprecedence if there is a conflict between those terms\nand this Terms of Service document, to the extent of\nsuch conflict and with respect to the particular\nsubject matter of that Separate Agreement.\nWill These Terms of\nService Ever Change?\nThese Terms may be amended as new features,\ntechnology, or legal requirements arise, so please\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\ncheck back from time to time. If we make a significant\nchange, we’ll notify you and, where required, seek\nyour consent.\nIf we do update these Terms, you are free to decide\nwhether to accept the updated terms or to stop using\nthe Evernote Service (see “How is My Account\nClosed” below); your continued use of the Evernote\nService after the effectiveness of that update will be\ndeemed to represent your agreement with, and\nconsent to be bound by, the new Terms. Except for\nchanges made by us as described here, no other\namendment or modification of these Terms shall be\neffective unless set forth in a written agreement\nexpressly amending these Terms and bearing a\nwritten signature by you and us. For clarity, email or\nother communications will not constitute an effective\nwritten agreement for this purpose.\nWhat Do I Have to do\nto Use the Evernote\nService?\nFirst, you need to create an Evernote Service account.\nYou create an account by providing us with an email\naddress and creating a password. (Some older\naccounts also required a username.) We refer to this\nas your “Basic Subscriber Information”. We\nencourage you to use a distinct and non-obvious\npassword that is different from passwords you use for\nany other service. You are responsible for maintaining\nthe accuracy, completeness and confidentiality of\nyour Basic Subscriber Information, and you will be\nresponsible for all activities that occur under your\naccount, including activities of others to whom you\nhave provided your Basic Subscriber Information. We\nwill not be liable for any loss or damage arising from\nyour failure to provide us with accurate information or\nto keep your Basic Subscriber Information secure. If\nyou discover any unauthorized use of your Basic\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nSubscriber Information or suspect that anyone may\nbe able to access your private Content without\nauthorization, you should immediately change your\npassword and notify our Customer Support team.\nSecond, you will need to access your account through\na web browser or by installing our client software on\nyour computers, tablets and phones. Obtaining those\ndevices and paying for their connectivity and data\nplans is your responsibility. Evernote also has no\nresponsibility for the availability of the Internet and\nother telecommunication services necessary to access\nthe Evernote Service.\nCan I Share My\nAccount with Someone\nElse?\nEvernote Service accounts should not be shared. If\nyou share your Basic Subscriber Information with\nanyone, that other person may be able to take control\nof the account, and we may not be able to determine\nwho is the proper Account Holder. We will not have\nany liability to you (or anyone you share your Basic\nSubscriber Information with) as a result of your or\ntheir actions under those circumstances. Since you\nmay use a free Evernote Service account, and since\nwe provide a number of mechanisms to allow you to\nshare your account Content with others, we strongly\nurge you not to share your information with anyone,\nunless you are doing so as part of your estate\nplanning purposes, as discussed below.\nOnce I Have an\nAccount, What Are My\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nRights in the Evernote\nService?\nOnce your account is created and you accept these\nTerms, we grant you a limited, non-exclusive license\nto use the Evernote Service subject to these Terms, for\nso long as you are not barred from receiving the\nEvernote Service under the laws applicable to you,\nuntil you close your account voluntarily or until we\nclose your account pursuant to these Terms. In\naddition, we grant you a personal, worldwide, royalty-\nfree, non-assignable and non-exclusive license to use\nthe Evernote Software provided to you by or on\nbehalf of Evernote, for the sole purpose of enabling\nyou to use the Evernote Software and enjoy the\nbenefit of the Evernote Service, subject to any\napplicable license terms provided with the Evernote\nSoftware and these Terms, until your rights are\nterminated in accordance with such license and/or\nthese Terms. You do not obtain any other right or\ninterest in Evernote or the Evernote Service.\nEvernote’s Data\nProtection Laws Say\nMy Data Is Mine –\nWhat Does That Mean?\nYou retain copyright and any other rights you already\nheld in your Content before you submitted, posted or\ndisplayed it on or through the Evernote Service. But\nyou do have to grant Evernote a limited license, as\ndescribed below, so we can make your data accessible\nand usable on the Evernote Service. Other than this\nlimited license and other rights you grant in these\nTerms, Evernote acknowledges and agrees that we do\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nnot obtain any right, title or interest from you under\nthese Terms in any of your Content.\nWhat Is the License I\nHave to Grant to\nEvernote?\nIn order to enable Evernote to operate the Evernote\nService, we must obtain from you certain limited\nlicense rights to process your Content that is covered\nby intellectual property rights so that technical\nactions we take in operating the Evernote Service are\nnot considered legal violations. For example,\ncopyright laws could prevent us from processing,\nmaintaining, storing, backing-up and distributing\ncertain Content, unless you give us these rights.\nAccordingly, by using the Evernote Service and\nuploading Content, you are granting Evernote a\nlicense to display, perform and distribute your\nContent and to modify (for technical purposes, e.g.,\nmaking sure content is viewable on smartphones as\nwell as computers and other devices) and reproduce\nsuch Content to enable Evernote to operate the\nEvernote Service. You also agree that Evernote has\nthe right to elect not to accept, post, store, display,\npublish or transmit any Content in our sole\ndiscretion. \nYou agree that these rights and licenses are royalty\nfree, transferable, sub-licensable, worldwide and\nirrevocable (for so long as your Content is stored with\nus), and include a right for Evernote to make such\nContent available to, and pass these rights along to,\nothers with whom Evernote has contractual\nrelationships related to the provision of the Evernote\nService, solely for the purpose of providing such\nservices, and to otherwise permit access to or disclose\nyour Content to third parties if Evernote determines\nsuch access is necessary to comply with its legal\nobligations.\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nIf you elect to use any third-party service or\napplication that is integrated with Evernote, you also\nagree that the licenses granted to Evernote in the\npreceding paragraph shall apply to Content that is\nsubmitted or uploaded through such third-party\nservice or application. If the third-party service or\napplication you elect to use would access or extract\nContent, you grant Evernote the right and license to\nenable third-party access to and extraction of your\nContent. Evernote does not assume any responsibility\nfor, or liability on account of, the actions or omissions\nof such third-party applications or service providers.\nAs we rely upon your rights to upload and distribute\nyour Content, you represent and warrant to Evernote\nthat (1) you have the unfettered legal rights and\nauthority to submit your Content to Evernote, to make\nany other use, publication or other distribution of that\nContent in your use of the Evernote Service, and to\ngrant the rights granted to Evernote under these\nTerms; and (2) your Content complies with our User\nGuidelines and these Terms.\nFinally, you understand and agree that Evernote, in\nperforming the required technical steps to provide\nthe Evernote Service to our users, may make such\nchanges to your Content as are necessary to conform\nand adapt that Content to the technical requirements\nof connecting networks, devices, services or media. \nWhat Other\nAssurances Do I Have\nto Grant to Evernote?\nWhen you use the Evernote Service to send messages\nto an email address, to a telephone number via SMS,\nor through a social media account (e.g., Facebook or\nLinkedIn) that has not been linked to an Evernote\naccount, Evernote sends such messages on your\nbehalf, and we are relying on your representation to\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nus that you have a direct relationship with the\nrecipient(s) and that you are respecting the legal\nrights of the recipient(s) not to receive certain kinds\nof messages (such as harassing messages, unsolicited\ncommercial messages, and unwanted SMS\nmessages). Whenever you send any kind of message\nto a third party you represent and warrant to Evernote\nthat you are acting within the law and that you have\nprior consent from the recipient to send them such a\nmessage.\nAre There Rules about\nWhat I Can Do on the\nEvernote Service?\nYes. Your use of the Evernote Service must be in\naccordance with these Terms. When it comes to your\nuse of the Evernote Service, you agree that you are\nresponsible for your own conduct and all conduct\nunder your account. You agree to safeguard your\npassword and to keep your Basic Subscriber\nInformation current. You also agree that you will not\nshare your account credentials or give others access\nto your account. In addition, you understand that all\nContent created, transmitted, stored or displayed in\nyour account, is your sole responsibility as the person\nwho created the Content or introduced it into the\nEvernote Service. This applies whether the Content is\nkept private, shared or transmitted using the Evernote\nService or any third-party application or services\nintegrated with the Evernote Service. Our User\nGuidelines provide more specific details regarding\nprohibited conduct on the Evernote Service. If we find\nthat any shared Content in your account violates our\nTerms of Service (including by violating another\nperson’s intellectual property or privacy rights), we\nreserve the right to un-share or take down such\ncontent.\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nI’m Guessing Evernote\nHas Some Rights\nRelating to the\nEvernote Service?\nWe do. They’re described here:\nCONTENT RIGHTS.\nWhile you own the Content you store within the\nEvernote Service (subject to third party rights), you\nacknowledge and agree that Evernote (and our\nlicensors) own(s) all legal right, title and interest in\nand to the Evernote Service, including, without\nlimitation, all software that is part of the Evernote\nService and all Evernote Software.\nINTELLECTUAL PROPERTY RIGHTS.\nIn agreeing to these Terms, you also agree that the\nrights in the Evernote Service and Evernote Software,\nincluding all intellectual property rights, such as\ntrademarks, patents, designs and copyrights, are\nprotected by one or more of copyright, trademark,\npatent, trade secret and other laws, regulations and\ntreaties, in addition to these Terms and any Separate\nAgreement. In particular, you agree to not modify,\ncreate derivative works of, decompile or otherwise\nattempt to extract source code from any Evernote\nSoftware, unless you are expressly permitted to do so\nunder an open source license, we give you express\nwritten permission or you are otherwise legally\npermitted to do so notwithstanding this prohibition. \nRIGHT TO MODIFY THE EVERNOTE SERVICE.\nWe retain the right, in our sole discretion, to\nimplement new elements as part of and/or ancillary\nto the Evernote Service, including changes that may\naffect the previous mode of operation of the Evernote\nService or Evernote Software. We expect that any such\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nmodifications will enhance the overall Evernote\nService, but it is possible that you may not agree with\nus. We also reserve the right to establish limits to\ncertain features based on factors such as the device,\noperating system and/or client that you use, the\nnature or size of storage available to you, the number\nof transmissions, the ability to send or receive email\nmessages, the nature or size of any index or library\ninformation, the nature of, or your continued ability to\naccess or distribute, your Content and other data, and\nimpose other limitations at any time, with or without\nnotice. For example, if you use a free version of the\nEvernote Service, you will not enjoy all of the benefits\nprovided to subscribers of Evernote's Paid Service\nofferings. \nYou also acknowledge that a variety of Evernote\nactions may impair or prevent you from accessing\nyour Content or using the Evernote Service at certain\ntimes and/or in the same way, for limited periods or\npermanently, and agree that Evernote has no\nresponsibility or liability as a result of any such actions\nor results, including, without limitation, for the\ndeletion of, or failure to make available to you, any\nContent. You agree that we shall not be liable to you\nor to any third party for any modification, suspension\nor discontinuance of any part of the Evernote Service.\nHowever, if you are a subscriber to a Paid Service and\nfind that any such modifications or interruption of the\nPaid Service adversely affects you, you may notify our\nCustomer Support team, explain the adverse impact\nthe modification has created and, if you desire,\nrequest a termination of your Paid Service. Upon\nreceipt of any such request, we will endeavor to\npromptly remedy the adverse impact caused by the\nmodification, extend the duration of your Paid Service\nsubscription for a period of time equal to the\ninterruption and/or refund a portion of your Paid\nService subscription fee equal to the remaining\nunused term of the Paid Service subscription, as we\ndetermine appropriate or as may be required by\napplicable law.\nRIGHT TO ENGAGE THIRD PARTIES.\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nEvernote engages certain affiliates or other third\nparties (“Service Providers”) to provide technical or\nother services relating to all or part of the Evernote\nService, and you hereby agree that such involvement\nby these Service Providers is acceptable. In addition,\nEvernote may contract with third-party resellers of the\nPaid Service and payment processors to enable\npayments in your local currency and payment\nsystems. Please see our Privacy Policy to understand\nthe extent to which any affiliate or third party may\nhave access to your account information or Content\nand our Commercial Terms to understand our\nrelationship with any reseller or payment processor. \nRIGHT TO USE THIRD-PARTY SOFTWARE.\nEvernote may from time to time include as part of the\nEvernote Service and Evernote Software computer\nsoftware supplied by third parties which is utilized by\npermission of the respective licensors and/or\ncopyright holders on the terms provided by such\nparties. We provide information about some of this\nthird-party software here and within the particular\nEvernote Software. Evernote expressly disclaims any\nwarranty or other assurance to you regarding such\nthird-party software. \nRIGHT TO UPDATE OUR SOFTWARE.\nIn connection with any modification of the Evernote\nService, Evernote may automatically download\nsoftware updates on your computers and devices\nfrom time to time with the intention of improving,\nenhancing, repairing and/or further developing the\nEvernote Service. Evernote will endeavor to provide\nyou with the option of whether or not to install the\nupdate; however, in certain circumstances (e.g.,\nsecurity risks), Evernote may require you to install the\nupdate to continue accessing the Evernote Service. In\nall cases, you agree to permit Evernote to deliver\nthese updates to you (and you to receive them) as\npart of your use of the Evernote Service.\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nDo These Terms Apply\nto Evernote Business\nand Teams Users?\nIf you are using the Evernote Service as part of a\nMulti-Seat Account (Evernote Business or Teams),\nyour use of the Evernote Service is governed by these\nTerms, except to the extent the Separate Agreement\ngoverning your account provides conflicting terms. If\nyou subscribed through our online Evernote Business\nAgreement, your subscription will now be governed\nby the Evernote Teams Agreement. The Customer\nwho has contracted with Evernote and the\nAdministrator of the account (as “Customer” and\n“Administrator” are defined in the applicable\nagreement) have the responsibility to and agree to\nshare the terms of such Separate Agreement with\neach individual End User whose user account is linked\nto the Evernote Teams Account.\nIf you are an End User of such an account, please\nnote that the Customer of your account (such as your\nemployer or organization) may have established its\nown rules regarding End Users’ access, use,\ndisclosure, or retention of data stored in that account.\nIf you registered your Individual Account in\nconnection with a legacy Evernote Business Account\nbefore September 15, 2017, you can find more\ninformation on how to update that Individual Account\nwith your personal email address in this Help and\nLearning article.\nHow Does Evernote\nRespond to Copyright\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nor Other Intellectual\nProperty Violations?\nWe respond to clear and complete notices of alleged\ninfringement of copyright, trademark or other\nintellectual property laws that satisfy the\nrequirements in these Terms (which comply with\nthe United States Digital Millennium Copyright Act\nand other applicable laws). If you believe that your\nintellectual property rights have been violated, please\nnotify our Compliance team according to the\ninstructions provided by our IP Rights Compliance\nProgram and your notification will be processed in\naccordance with our policies and as contemplated by\nlaw. Evernote account holders who are deemed\nrepeat infringers pursuant to Evernote’s Repeat\nInfringer Policy will, in appropriate circumstances, be\nterminated pursuant to that policy. Note that each\nowner of intellectual property is responsible for\nprotecting their rights and taking any legal or other\naction they determine to be appropriate to do so, and\nEvernote does not accept any obligation to take any\nparticular action to enforce or protect any party’s\nintellectual property rights on their behalf.\nCan Kids Use\nEvernote?\nEvernote is not directed to minors, and any use by\nminors should only be done with the guidance,\nsupervision and consent of their parents, guardians\nand/or authorized school officials. Further, we rely on\nparents and guardians to ensure minors only use the\nEvernote Service if they can understand their rights\nand responsibilities as stated in these Terms and our\nPrivacy Policy. \nConsistent with applicable law, Evernote does not\nknowingly collect personal information from minors\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nwithout parental consent. If we learn that we have\ninadvertently obtained information in violation of\napplicable laws prohibiting collection of information\nfrom children without such consent, we will promptly\ndelete it. \nWhere Does My Data\nGo?\nThe Evernote Service is available worldwide, but your\ndata is stored in the United States, as described in our\nPrivacy Policy. If you use the Evernote Service, you\nacknowledge that you may be sending electronic\ncommunications (including your Basic Subscriber\nInformation and Content), through computer\nnetworks owned by Evernote, its Service Providers,\nand other third parties located in California and other\nlocations in the United States and other countries. As\na result, your use of the Evernote Service will likely\nresult in interstate and possibly international data\ntransmissions, and your use of the Evernote Service\nshall constitute your consent to permit such\ntransmissions.\nHow is My Account\nClosed?\nYou may deactivate your account with our Evernote\nService at any time, for any reason (or no reason).\nHowever, if you want to deactivate your account you\nneed to take certain specific steps, which are\ndescribed in our Help & Learning article entitled\n“How do I deactivate my account?”. If you subscribe\nto a Paid Service, you will need to cancel your\nsubscription pursuant to our Commercial Terms. \nEvernote may act to temporarily limit your use of the\nEvernote Service, suspend access to your account, or\nclose your account, with or without notice according\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nto these Terms. Reasons for Evernote suspending or\nclosing your account may include, without limitation:\n(i) breach or violation of these Terms (including the\nUser Guidelines) or any Separate Agreement, (ii) an\nextended period of inactivity (determined in\nEvernote’s sole discretion), (iii) your nonpayment of\nany fees or other sums due Evernote or any other\nparty related to your use of the Evernote Service, (iv)\nthe discontinuance or material modification of the\nEvernote Service (or any part thereof) or (v)\nunexpected technical or security issues or problems\nor extensive Unsupported Use.\nIn most cases, in the event we elect to close your\naccount, we will provide at least 30 days advance\nnotice to you at the email address you have provided\nto us, so you have a chance to retrieve any Content\nstored on the Evernote Service servers (unless we\ndetermine that we are legally prohibited from\nproviding such notice or enabling you to do so). After\nthe expiration of this notice period, you will no longer\nbe able to retrieve Content contained in that account\nor otherwise use the Evernote Service through that\naccount.\nWhat Happens to My\nAccount when I Die?\nEvernote’s pledge to protect the privacy of your\nContent will continue, even after your death or\nincapacity. If you wish to enable someone to have\naccess to your Content or other data in your account\nafter you are no longer able to provide them access,\nyou need to implement a process for providing your\ninformation to them. We will not provide your\ninformation, or your Content, to anyone, even next of\nkin, unless we determine that we are legally obligated\nto do so. We encourage you to include your Basic\nSubscriber information, with instructions on how to\naccess your Content, in your will or other estate plans,\nso that anyone you wish to have access to your\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\naccount will have the means to do so. Please see our\nCommercial Terms for information on terminating\npayment for Paid Services upon death or incapacity. \nIf I Have a Great Idea\nto Share with Evernote,\nWhat Are My Rights?\nWhen you submit any ideas, suggestions, documents\nand/or proposals relating to the Evernote Service (or\nother products or services) to Evernote through the\n“Contact Us,” User Forum or Support interfaces or\nthrough any other channel or mechanism\n(collectively, “Contributions”), you acknowledge and\nagree that: (i) your Contributions do not contain\nconfidential or proprietary information; (ii) Evernote is\nnot under any obligation of confidentiality, express or\nimplied, with respect to the Contributions; (iii)\nEvernote shall be entitled to use or disclose (or\nchoose not to use or disclose) such Contributions for\nany purpose, in any way; (iv) Evernote may have\nsomething similar to the Contributions already under\nconsideration or in development; (v) your\nContributions automatically become the property of\nEvernote without any obligation of Evernote to you;\nand (vi) you are not entitled to any accounting,\ncompensation or reimbursement of any kind from\nEvernote under any circumstances.\nDoes Evernote Serve\nAds?\nOur business model is to make the Evernote Service\nso valuable that our users will want to subscribe to a\nPaid Service. However, we may display\nadvertisements and promotions on or in connection\nwith the Evernote Service, some of which may be paid\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nfor by third parties. For more information, please see\nour Privacy Policy and Cookie Information page. \nSome advertising or other messaging content we\nprovide will be based upon information provided by\nthird parties, and we shall not be responsible or liable\nfor any loss or damage of any sort incurred by you as\na result of any advertisements or other messages.\nFurthermore, your interactions with advertisers found\non or through the Evernote Service, including,\nwithout limitation, all reliance upon advertising, all\ncommercial transactions and legal obligations\nassociated therewith, are solely between you and\nsuch advertisers.\nWhat Else Do I Need to\nKnow?\nTHIRD-PARTY LINKS, CONTENT AND\nPROGRAMMING.\nWe may include or recommend third party resources,\nmaterials and developers and/or links to third party\nwebsites, content and applications as part of, or in\nconnection with, the Evernote Service. We may have\nlittle or no control over such sites or developers and,\naccordingly, you acknowledge and agree that (i) we\nare not responsible for the availability of such\nexternal sites, content or applications; (ii) we are not\nresponsible or liable for any content or other\nmaterials or performance available from such sites or\napplications and (iii) we shall not be responsible or\nliable, directly or indirectly, for any damage or loss\ncaused or alleged to be caused by or in connection\nwith use of or reliance on any such content, materials\nor applications. \nEARLY ACCESS SERVICES.\nWe may offer you the opportunity to access features\nin a preview or early access status (“Early Access\nServices”). If you choose to access and use any Early\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nAccess Services, you agree that: (i) you are\nresponsible for any use and access to the Early Access\nServices originating from your account; (ii) the Early\nAccess Services (including any feature names) are the\nproperty of Evernote; and (iii) the Early Access\nServices are experimental, pre-release, and may not\nfunction as expected.\nAny feedback and other information provided by you\nor derived by us in connection with the Early Access\nServices may be used by Evernote to improve or\nenhance the Evernote Service and Evernote shall have\na non-exclusive, perpetual, irrevocable, royalty-free,\nworldwide right and license to use, modify and\notherwise exploit such feedback and information\nwithout restriction, provided that the public\ndisclosure of any such feedback or information\nidentifiable to you shall only be by the mutual\nagreement of you and Evernote.\nIf you choose to use any Early Access Services, you\nagree that Evernote shall have no obligation to\nsupport or provide support services to you relating to\nthe Early Access Services or any updates thereto, even\nthough we may make such services available to you at\nour sole discretion. You further agree that the\nIndemnity, Limitation of Liability and Disclaimer of\nWarranties, and Exclusions and Limitations sections\nbelow will apply to the Early Access Services too.\nINDEMNITY.\nYou agree to indemnify and hold Evernote, its\nsubsidiaries, affiliates, officers, agents, employees,\nadvertisers, Service Providers and other partners\nharmless from and against any and all claims,\nliabilities, damages (actual and consequential), losses\nand expenses (including legal and other professional\nfees) arising from or in any way related to any third\nparty claims relating to your use of any of the\nEvernote Service, any violation of these Terms of\nService or any other actions connected with your use\nof the Evernote Service (including all actions taken\nunder your account). In the event of such claim, we\nwill endeavor to provide notice of the claim, suit or\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\naction to the contact information we have for the\naccount, provided that any failure to deliver such\nnotice to you shall not eliminate or reduce your\nindemnification obligation hereunder.\nLIMITATION OF LIABILITY AND DISCLAIMER OF\nWARRANTIES.\nTo the maximum extent permitted by law, the\nEvernote Service Is Available “As Is.” YOU EXPRESSLY\nUNDERSTAND AND AGREE THAT: \na. YOUR USE OF THE EVERNOTE SERVICE AND THE\nPURCHASE AND USE OF ANY SERVICES ARE ALL\nAT YOUR SOLE RISK.\nb. THE EVERNOTE SERVICE IS PROVIDED ON AN “AS\nIS” AND “AS AVAILABLE” BASIS. TO THE\nMAXIMUM EXTENT PERMITTED BY LAW,\nEVERNOTE EXPRESSLY DISCLAIMS ALL\nWARRANTIES AND CONDITIONS OF ANY KIND,\nWHETHER EXPRESS OR IMPLIED, INCLUDING,\nBUT NOT LIMITED TO THE IMPLIED WARRANTIES\nAND CONDITIONS OF MERCHANTABILITY,\nFITNESS FOR A PARTICULAR PURPOSE AND NON-\nINFRINGEMENT.\nc. EVERNOTE DOES NOT WARRANT THAT (i) THE\nEVERNOTE SERVICE WILL MEET ALL OF YOUR\nREQUIREMENTS; (ii) THE EVERNOTE SERVICE\nWILL BE UNINTERRUPTED, TIMELY, SECURE OR\nERROR-FREE; OR (iii) ALL ERRORS IN THE\nEVERNOTE SOFTWARE OR EVERNOTE SERVICE\nWILL BE CORRECTED.\nd. ANY MATERIAL DOWNLOADED OR OTHERWISE\nOBTAINED THROUGH THE USE OF THE\nEVERNOTE SERVICE IS DONE AT YOUR OWN\nDISCRETION AND RISK AND YOU ARE SOLELY\nRESPONSIBLE FOR ANY DAMAGE TO YOUR\nCOMPUTER OR OTHER DEVICE OR LOSS OF DATA\nRESULTING FROM THE DOWNLOAD OR USE OF\nANY SUCH MATERIAL.\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\ne. NO ADVICE OR INFORMATION, WHETHER ORAL\nOR WRITTEN, OBTAINED BY YOU FROM\nEVERNOTE OR THROUGH OR FROM THE\nEVERNOTE SERVICE SHALL CREATE ANY\nWARRANTY NOT EXPRESSLY STATED IN THESE\nTERMS OF SERVICE.\nf. YOU EXPRESSLY UNDERSTAND AND AGREE THAT\nEVERNOTE, ITS SUBSIDIARIES, AFFILIATES,\nSERVICE PROVIDERS, AND LICENSORS, AND OUR\nAND THEIR RESPECTIVE OFFICERS, EMPLOYEES,\nAGENTS AND SUCCESSORS SHALL NOT BE\nLIABLE TO YOU FOR ANY DIRECT, INDIRECT,\nINCIDENTAL, SPECIAL, CONSEQUENTIAL OR\nEXEMPLARY DAMAGES, INCLUDING BUT NOT\nLIMITED TO, DAMAGES FOR LOSS OF PROFITS,\nGOODWILL, USE, DATA, COVER OR OTHER\nINTANGIBLE LOSSES (EVEN IF EVERNOTE HAS\nBEEN ADVISED OF THE POSSIBILITY OF SUCH\nDAMAGES) RESULTING FROM: (i) THE USE OR\nTHE INABILITY TO USE THE EVERNOTE SERVICE\nOR TO USE PROMOTIONAL CODES OR\nEVERNOTE POINTS; (ii) THE COST OF\nPROCUREMENT OF SUBSTITUTE SERVICES\nRESULTING FROM ANY DATA, INFORMATION OR\nSERVICE PURCHASED OR OBTAINED OR\nMESSAGES RECEIVED OR TRANSACTIONS\nENTERED INTO THROUGH OR FROM THE\nEVERNOTE SERVICE; (iii) UNAUTHORIZED ACCESS\nTO OR THE LOSS, CORRUPTION OR ALTERATION\nOF YOUR TRANSMISSIONS, CONTENT OR DATA;\n(iv) STATEMENTS OR CONDUCT OF ANY THIRD\nPARTY ON OR USING THE EVERNOTE SERVICE,\nOR PROVIDING ANY SERVICES RELATED TO THE\nOPERATION OF THE EVERNOTE SERVICE; (v)\nEVERNOTE’S ACTIONS OR OMISSIONS IN\nRELIANCE UPON YOUR BASIC SUBSCRIBER\nINFORMATION AND ANY CHANGES THERETO OR\nNOTICES RECEIVED THEREFROM; (vi) YOUR\nFAILURE TO PROTECT THE CONFIDENTIALITY OF\nANY PASSWORDS OR ACCESS RIGHTS TO YOUR\nACCOUNT; (vii) THE ACTS OR OMISSIONS OF ANY\nTHIRD PARTY USING OR INTEGRATING WITH THE\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nEVERNOTE SERVICE; (viii) ANY ADVERTISING\nCONTENT OR YOUR PURCHASE OR USE OF ANY\nADVERTISED OR OTHER THIRD-PARTY PRODUCT\nOR SERVICE; (ix) THE TERMINATION OF YOUR\nACCOUNT IN ACCORDANCE WITH THE TERMS OF\nTHESE TERMS OF SERVICE; OR (x) ANY OTHER\nMATTER RELATING TO THE EVERNOTE SERVICE.\nEXCLUSIONS AND LIMITATIONS.\nNOTHING IN THESE TERMS OF SERVICE (INCLUDING\nTHE LIMITATION OF LIABILITY PROVISIONS) IS\nINTENDED TO EXCLUDE OR LIMIT ANY CONDITION,\nWARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE\nLAWFULLY EXCLUDED OR LIMITED. SOME\nJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF\nCERTAIN WARRANTIES OR CONDITIONS OR THE\nLIMITATION OR EXCLUSION OF LIABILITY FOR LOSS\nOR DAMAGE CAUSED BY WILLFUL ACTS,\nNEGLIGENCE, BREACH OF CONTRACT OR BREACH\nOF IMPLIED TERMS, OR INCIDENTAL OR\nCONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY\nTHOSE LIABILITY AND OTHER LIMITATIONS WHICH\nARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL\nAPPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE\nMAXIMUM EXTENT PERMITTED BY LAW.\nIf Evernote Has to Send\nMe Notice of\nSomething, How Will\nThat Happen?\nThis is another reason why it’s important for you to\nmake sure your Basic Subscriber Information is\naccurate, complete and up to date. We may provide\nyou with notices by email (to the email address\nassociated with your account), regular mail or\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\npostings on the website(s) related to the affected\nEvernote Service.\nHow Can I Send a\nNotice to Evernote?\nExcept where these Terms or any Separate Agreement\nspecifically provide for use of a different means or\naddress for notice, any notice to Evernote must be\ndelivered by email to compliance@evernote.com. This\nemail address may be updated as part of any update\nto these Terms of Service. If you are unable to deliver\nnotice via email, you may send a notice to us at the\nfollowing address (as applicable to your Service\nprovider): \nEvernote Corporation\n305 Walnut Street\nRedwood City, California 94063 USA\nAttention: Legal Notice\nEvernote GmbH\nc/o Centralis Switzerland GmbH\nDufourstrasse 101\n8008 Zürich, Switzerland\nAttention: Legal Notice\nEvernote Do Brasil Serviços De\nAplicações Ltda\nFederal Taxpayer Registration CNPJ/MF no\n17.566.240/0001-50\nAvenida Paulista, no 2.300\nAndar Pilotis\nEdifício São Luiz Gonzaga\nCEP: 01310-300, São Paulo/SP\nAttention: Legal Notice\nAre There Countries\nWhere I’m Not Allowed\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nto Use Evernote?\nYou may not use or otherwise export the Evernote\nService or any Evernote Software except as authorized\nby United States (“U.S.”) law and the laws of the\njurisdiction in which the Evernote Service is hosted or\nwhere you use the Evernote Service. In particular, but\nwithout limitation, the Evernote Software may not be\n(i) exported or re-exported into any countries that are\nsubject to U.S. economic sanctions or (ii) provided to\nor used by anyone on the U.S. Department of the\nTreasury's lists of Foreign Sanctions Evaders or\nSpecially Designated Nationals or the U.S.\nDepartment of Commerce Denied Persons,\nUnverified, or Entity lists. By using the Evernote\nService, you represent and warrant that you are not\nlocated in any such country or on any such list, and\nshall not use the Evernote Service, or provide access\nto or use of the Evernote Service to anyone, in any\nsuch country. In addition, you are responsible for\ncompliance with applicable export control, economic\nsanctions and related laws when you travel across\ninternational borders and access your Content.\nWhat Law Applies to\nMy Use of Evernote?\nIf you are a resident of the United States or Canada,\nthese Terms and the relationship between you and\nEvernote (including any dispute) shall be governed in\nall respects by the laws of the State of California,\nUnited States of America, as they apply to\nagreements entered into and to be performed\nentirely within California between California\nresidents, without regard to its conflict of law\nprovisions. \nIf you reside in Brazil, these Terms and the\nrelationship between you and Evernote (including\nany dispute) shall be governed in all respects by the\nlaws of Brazil and shall be considered to have been\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nmade and accepted in Brazil, without regard to\nconflict of law provisions.\nIf you reside outside of the United States, Canada,\nand Brazil, these Terms and the relationship between\nyou and Evernote (including any dispute) shall be\ngoverned in all respects by the laws of Switzerland\nand shall be considered to have been made and\naccepted in Switzerland, without regard to conflict of\nlaw provisions.\nIf any provision of these Terms of Service is found by a\ncourt of competent jurisdiction to be invalid, the\nparties nevertheless agree that the court should\nendeavor to give effect to the parties’ intentions as\nreflected in the provision, and the other provisions of\nthe Terms of Service remain in full force and effect.\nWhat Do I Do If I Think I\nHave a Claim Against\nEvernote?\nLET US KNOW ABOUT YOUR COMPLAINT.\nWe want to know if you have a problem so we\nencourage you to contact our Customer Support\nteam if you have any concerns with respect to the\noperation of the Evernote Service or any Evernote\nSoftware, as we want to ensure that you have an\nexcellent experience. \nINITIATING A FORMAL CLAIM.\nIf you conclude that we have not satisfied your\nconcern and that you must pursue legal action, you\nagree that your claim must be resolved by the\nprocesses set forth in these Terms. Evernote provides\nthe Evernote Service to you on the condition that you\naccept the dispute resolution provisions described\nbelow, so if you initiate any claim against Evernote in\nany other manner, you shall be in violation of these\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nTerms and you agree that Evernote shall be entitled to\nhave such action dismissed or otherwise terminated\nand you agree to reimburse Evernote for its\nreasonable costs incurred in defending against such\nimproperly initiated claim. You agree that prior to\ninitiating any formal proceedings against Evernote,\nyou will send us a notice to our attorneys at\nlegalnotice@evernote.com and state that you are\nproviding a “Notice of Dispute.” Upon receipt of a\nNotice of Dispute, you and we shall attempt to resolve\nthe dispute through informal negotiation within sixty\n(60) days from the date the Notice of Dispute is sent.\nIf the dispute remains unresolved, either you or we\nmay initiate formal proceedings according to these\nTerms. \nExcept where our dispute is being resolved pursuant\nto an arbitration (as provided below), if you are a\nresident of the United States or Canada, you agree\nthat any claim or dispute you may have against\nEvernote must be resolved exclusively by a state or\nfederal court located in San Mateo County, California.\nYou agree to submit to the exclusive personal\njurisdiction of the courts located within San Mateo\nCounty, California (and, for the avoidance of doubt, to\nexclude the jurisdiction of any other court) for the\npurpose of litigating all such claims or disputes.\nExcept where our dispute is being resolved pursuant\nto an arbitration (as provided below), if you reside in\nBrazil, you agree that any claim or dispute you may\nhave against Evernote must be resolved exclusively by\nthe courts in São Paolo-SP, Brasil. You agree to submit\nto the exclusive personal jurisdiction of the courts\nlocated within São Paolo-SP, Brasil (and, for the\navoidance of doubt, to exclude the jurisdiction of any\nother court) for the purpose of litigating all such\nclaims or disputes. \nExcept where our dispute is being resolved pursuant\nto an arbitration (as provided below), if you are not a\nresident of the United States, Canada, or Brazil, you\nagree that any claim or dispute you may have against\nEvernote must be resolved exclusively by the courts in\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nZurich, Switzerland. You agree to submit to the\nexclusive personal jurisdiction of the courts located\nwithin Zurich, Switzerland (and, for the avoidance of\ndoubt, to exclude the jurisdiction of any other court)\nfor the purpose of litigating all such claims or\ndisputes.\nALTERNATIVE DISPUTE RESOLUTION PROCESS.\nUnless you are subject to the Arbitration Agreement\nset out below, and subject to any applicable laws, if a\nclaim arises between you and Evernote where the\ntotal value of such claim is less than US$10,000, the\nparty initiating the claim may elect to have the\ndispute resolved pursuant to a binding arbitration\nprocess that does not require attendance in person.\nThis “Alternative Dispute Resolution Process” shall be\ninitiated by either party sending notice to the other, in\nwhich event you and Evernote agree to use our\nreasonable efforts to agree within thirty (30) days\nupon an individual or service to manage the\nAlternative Dispute Resolution Process (the\n“Arbitration Manager”) according to the following\nrequirements: (i) neither party shall be required to\nattend any proceeding in person, (ii) the proceeding\nwill be conducted via written submissions, telephone\nor online communications or as otherwise agreed\nupon, (iii) the fees for the Arbitration Manager will be\nborne equally by the parties or be submitted to the\nArbitration Manager to determine as part of the\ndispute and (iv) the judgment rendered by the\nArbitration Manager may be entered in any court of\ncompetent jurisdiction for enforcement. \nIf you are a resident of the European Union (EU),\nplease note that we offer this Alternative Dispute\nResolution Process, but we cannot offer you the\nEuropean Commission Dispute Platform as we do not\nhave an establishment in the EU.\nARBITRATION AGREEMENT.\nIf you reside in the United States or are otherwise\nsubject to the US Federal Arbitration Act, you and\nEvernote agree that any and all disputes or claims\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nthat have arisen or may arise between us - except any\ndispute relating to the enforcement or validity of your,\nour or either of our licensors’ intellectual property\nrights - shall be resolved exclusively through final and\nbinding arbitration, rather than in court, except that\nyou may assert claims in small claims court, if your\nclaims qualify. The Federal Arbitration Act governs the\ninterpretation and enforcement of this Arbitration\nAgreement. (Note that if you were using an Evernote\nService user prior to December 4, 2012 and formally\nelected to opt out of the Arbitration Agreement\npursuant to the procedures set out in our Terms of\nService that were effective as of December 4, 2012,\nyou are not subject to this Arbitration Agreement.)\nOur arbitration proceedings would be conducted by\nthe American Arbitration Association (\"AAA\") under\nits rules and procedures applicable at that time,\nincluding the AAA's Supplementary Procedures for\nConsumer-Related Disputes (to the extent\napplicable), as modified by our Arbitration\nAgreement. You may review those rules and\nprocedures, and obtain a form for initiating\narbitration proceedings at the AAA's website. The\narbitration shall be held in the county in which you\nreside or at another mutually agreed location. If the\nvalue of the relief sought is US$10,000 or less, either\nof us may elect to have the arbitration conducted by\ntelephone or based solely on written submissions,\nwhich election shall be binding on us subject to the\narbitrator's discretion to require an in-person\nhearing. Attendance at an in-person hearing may be\nmade by telephone by you and/or us, unless the\narbitrator requires otherwise.\nThe arbitrator will decide the substance of all claims\nin accordance with the laws of the State of California,\nincluding recognized principles of equity, and will\nhonor all claims of privilege recognized by law. The\narbitrator shall not be bound by rulings in prior\narbitrations involving different Evernote users, but is\nbound by rulings in prior arbitrations involving the\nsame user to the extent required by applicable law.\nThe arbitrator's award shall be final and binding and\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\njudgment on the award rendered by the arbitrator\nmay be entered in any court possessing jurisdiction\nover the parties, except for a limited right of appeal\nunder the Federal Arbitration Act.\nThe AAA rules will govern the payment of all filing,\nadministration and arbitrator fees, unless our\nArbitration Agreement expressly provides otherwise.\nIf the amount of any claim in an arbitration is\nUS$10,000 or less, Evernote will pay all filing,\nadministration and arbitrator fees associated with the\narbitration, so long as (i) you make a written request\nfor such payment of fees and submit it to the AAA\nwith your Demand for Arbitration and (ii) your claim is\nnot determined by the arbitrator to be frivolous. In\nsuch case, we will make arrangements to pay all\nnecessary fees directly to the AAA. If the amount of\nthe claim exceeds US$10,000 and you are able to\ndemonstrate that the costs of arbitration will be\nprohibitive as compared to the costs of litigation,\nEvernote will pay as much of the filing, administration\nand arbitrator fees as the arbitrator deems necessary\nto prevent the arbitration from being cost-prohibitive.\nIf the arbitrator determines the claim(s) you assert in\nthe arbitration are frivolous, you agree to reimburse\nEvernote for all fees associated with the arbitration\npaid by Evernote on your behalf, which you otherwise\nwould be obligated to pay under the AAA's rules.\nYOU AND EVERNOTE AGREE, AS PART OF THE\nARBITRATION AGREEMENT, THAT EACH OF US MAY\nBRING CLAIMS AGAINST THE OTHER ONLY ON AN\nINDIVIDUAL BASIS AND NOT AS PART OF ANY\nPURPORTED CLASS OR REPRESENTATIVE ACTION OR\nPROCEEDING. WE REFER TO THIS AS THE\n“PROHIBITION OF CLASS AND REPRESENTATIVE\nACTIONS.” UNLESS BOTH YOU AND WE AGREE\nOTHERWISE, THE ARBITRATOR MAY NOT\nCONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH\nANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY\nNOT OTHERWISE PRESIDE OVER ANY FORM OF A\nCONSOLIDATED, REPRESENTATIVE OR CLASS\nPROCEEDING. THE ARBITRATOR MAY ONLY AWARD\nRELIEF (INCLUDING MONETARY, INJUNCTIVE, AND\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nDECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL\nPARTY SEEKING RELIEF AND ONLY TO THE EXTENT\nNECESSARY TO PROVIDE RELIEF NECESSITATED BY\nTHAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF\nAWARDED CANNOT AFFECT OTHER EVERNOTE\nUSERS.\nExcept with respect to the Prohibition of Class and\nRepresentative Actions, if a court decides that any\npart of this Arbitration Agreement is invalid or\nunenforceable, the other parts of this Arbitration\nAgreement shall continue to apply. If a court decides\nthat the Prohibition of Class and Representative\nActions is invalid or unenforceable, then this entire\nArbitration Agreement shall be null and void. The\nremainder of these Terms and this Section (What Do I\nDo if I think I Have A Claim Against Evernote?) will\ncontinue to apply.\nCLAIMS ARE TIME-BARRED.\nYou agree that regardless of any statute or law to the\ncontrary or the applicable dispute resolution process,\nany claim or cause of action you may have arising out\nof or related to use of the Evernote Service or\notherwise under these must be filed within one (1)\nyear after such claim or cause of action arose or you\nhereby agree to be forever barred from bringing such\nclaim.\nThe provisions of this section, entitled “Claims Are\nTime-Barred” shall be deemed to constitute a\nseparate written legally binding agreement by and\nbetween you and us.\nSPECIAL NOTICE FOR CALIFORNIA USERS.\nUnder California Civil Code Section 1789.3, users of\nthe Evernote Service from California are entitled to\nthe following specific consumer rights notice: The\nComplaint Assistance Unit of the Division of\nConsumer Services of the California Department of\nConsumer Affairs may be contacted in writing at 1625\nNorth Market Blvd., Suite N 112, Sacramento, CA\n95834, or by telephone at (916) 445-1254 or (800) 952-\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\n5210. You may contact us via email at\nlegalnotice@evernote.com or at:\nEvernote Corporation\n305 Walnut Street\nRedwood City, California 94063 USA\nAttention: Legal Notice\nAnything Else?\nA couple of final, but important, points. First, these\nTerms constitute the entire agreement between you\nand Evernote and govern your use of the Evernote\nService, except for, and then only to the extent that\nyou have entered into a Separate Agreement. These\nTerms supersede any prior agreements or earlier\nversions of these Terms between you and Evernote for\nthe use of the Evernote Service as of the Effective\nDate indicated at the top of these Terms. If, through\naccessing or using the Evernote Service, you utilize or\nobtain any product or service from a third party, you\nmay additionally be subject to such third party’s\nterms and conditions applicable thereto, and these\nTerms shall not affect your legal relationship with\nsuch third party.\nSecond, you acknowledge and agree that each\naffiliate of Evernote shall be a third party beneficiary\nto these Terms and that such other companies shall\nbe entitled to directly enforce, and rely upon, any\nprovision of these Terms which confers a benefit on\n(or provides rights in favor of) them. Other than this,\nno other person or company shall be a third party\nbeneficiary to these Terms. \nFinally, the section headings in these Terms of Service\nare for convenience only and have no legal or\ncontractual effect.\nIn the event of a conflict, the English language\nversion shall govern.\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nPRODUCT\nFEATURES\nCOMMUNITY\nSUPPORT\nCOMPANY\nWhy Evernote\nEvernote Free\nEvernote\nPersonal\nEvernote\nProfessional\nEvernote Teams\nCompare Plans\nStudent Discount\nDownload App\nWeb Clipper\nTemplates\nSpaces\nIntegrations\nNotes Sync\nPDF & Doc Search\nSearch\nHandwriting\nDocument\nScanning\nNotebooks &\nTags\nTasks\nCalendar\nOur Community\nCertified\nConsultants\nBeta Program\nDevelopers\nForum\nHelp & Learning\nTroubleshooting\nBlog\nAbout Us\nCareers\nContact Us\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n\nHome\nSearch\nChoose a language:\n English (US)\n© 2022 Evernote Corporation. All rights reserved.\nSecurity\nLegal\nPrivacy\n\n\nWHY EVERNOTE\nFEATURES\nPLANS\nHelp\nLog In\nDownload\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":0,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit, but only for the US citizens and businesses."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":0,"explanation":"The ToS forbids the user, who is a citizen of the US, to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":0,"explanation":"The ToS contains clauses stating that contract must be interpreted in in favor of both parties' intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}