Effective Date: August 28, 2017 - This is new »
Welcome to Evernote!
We invite you to visit our website and use the Evernote service.
However, this requires your consent to these terms of use.
This document describes in detail your and our rights with regard to the provision of the service defined in more detail below.
Please read these terms of use carefully.
What are the terms of use?
The Terms of Use are a contract between you and Evernote.
The Terms include terms set forth in this document, the Privacy Policy, Terms and Conditions, Evernote Business Agreement, User Policies, and Evernote's IP Compliance Program, and any other terms we may provide to you in connection with them from time to time with individual services offered and to which you have consented (collectively also referred to as "Terms of Use" or "Conditions").
If you do not agree to these terms and conditions, you are not authorized to access or use our service.
If you register for our service or use our service in any other way, we assume that you consent to the terms and conditions and that you agree to be a party to this legally binding contract.
By using the service, you consent, without limitation, to all provisions of the data protection guideline, including the use and processing of texts, images and other data that you have entered or stored in Evernote or uploaded to Evernote in accordance with the data protection guideline ("Content ") As well as your personal data.
What is the Evernote Service?
The Evernote Software (as defined below), the Evernote Service and other products, services and websites hosted or provided by Evernote, including our App Center, User Forum and Help and Education pages collectively referred to as the "Service" in these Terms of Use.
In return for using this service, you agree to comply with these terms and conditions.
Who are the parties to this contract?
As the account holder, you are one of the contracting parties. (
An account holder is the person or entity that has entered into a contract with Evernote either as an individual Evernote Basic, Plus, or Premium user or as a customer under the Evernote Business Agreement.)
If your place of residence or business is in the United States or Canada, the other party is Evernote Corporation, based in California, United States.
If you are based in Brazil, Evernote do Brasil Serviços de Aplicações Ltda.
based in São Paulo (Brazil) (also known as "Evernote Brasil" for short) is the other contracting party.
If your place of residence or business is outside of Brazil, Canada and the USA, the other contracting party is Evernote GmbH, based in Zurich (Switzerland). (
Evernote Corporation, Evernote GmbH and Evernote Brasil are sometimes referred to as "Evernote", "we" or "us" for short in these Terms of Use.)
In some cases, you can also purchase products or service subscriptions from an authorized reseller.
Please read our terms and conditions to find out more about any additional terms and conditions relating to such purchases.
Is this the only contract I have with Evernote?
It depends on how you use the Evernote service and our software applications.
When you install Evernote software on your computer, tablet, or smartphone, you may be asked to accept an end-user license agreement.
When you purchase a paid Evernote subscription, you will be asked to accept the terms and conditions.
If you use related Evernote products or services (e.g. Evernote Business) or participate in our user forum, it may be necessary to enter into an additional agreement with us (usually this is done by clicking on "I agree" or "I accept"). click).
We refer to each of these agreements as a “Separate Agreement”.
In the event of any contradictions between the contractual terms of a separate agreement and these Terms of Use, the separate agreement shall take precedence in relation to such contradiction and with regard to the respective subject matter of the separate agreement.
Can these terms of use be subject to change?
These terms can change if there are new features, technologies, or legal requirements.
So take a look at this page from time to time to always be up to date.
In the event of significant changes, we will inform you and, if necessary, obtain your consent.
If we update these terms, you will be free to either consent to the updated terms or to stop using our service (see the section entitled "How is my account closed?"
further down).
If you continue to use the service after such an update has come into effect, this is deemed to be your consent to the new terms and conditions and a declaration of consent to be legally bound by them.
With the exception of changes made by us in the manner described here, no additions or changes to these terms and conditions are effective unless they are in the form of a written agreement in which these terms and conditions have been expressly changed and signed by you and us has been.
For clarification: E-mails or other deviating forms of communication for this purpose do not constitute an effective written agreement.
What do I have to do if I want to use the Evernote service?
First, register an account for the Evernote service.
To do this, enter an email address and set up a password. (
Some older accounts also required a username.)
We refer to this information as “access data” or sometimes “basic data of subscribers”.
We recommend that you use a unique password that is not easy to guess and that you do not use for any other service.
You are responsible for ensuring that your login details are correct, complete and confidential.
You are also responsible for all activities that take place under your account, including activities by third parties to whom you have provided your login details.
We are not liable for any loss or damage that occurs because you do not provide us with correct data or you do not protect your access data.
If you discover unauthorized use of your access data or suspect that third parties are able to access your private content without authorization, you should change your password immediately and notify our customer support.
You can then access the account through a web browser or through our client software, which you can install on your computers, tablets and smartphones.
The purchase of these devices and the assumption of the costs for the internet connection and mobile data usage are your responsibility.
In addition, Evernote is not responsible for the availability of the Internet connection and other telecommunications services required to access the Service.
Can I share my account with someone else?
Accounts for the Evernote service should not be shared by multiple users.
If you share your login details with other people, they can take control of your account and we cannot determine who is the proper account holder.
Under these circumstances, we do not accept any liability to you (or to any other person with whom you share your login information) for the consequences of your actions or the actions of the other persons.
Since we offer free accounts for the Evernote service and provide you with a number of mechanisms to share content with other people, we strongly advise against giving your login details to anyone, unless this is part of your estate planning.
What are my rights in relation to the Evernote service as an account holder?
After you have created your account and consented to these terms, we grant you a limited, non-exclusive license to use this service in accordance with these terms.
This applies unless you are prohibited from using the service by applicable law and until you voluntarily close your account or we deactivate your account in accordance with these terms and conditions.
We also grant you a personal, worldwide, royalty-free, non-transferable, non-exclusive license to use the Evernote software provided to you by or on behalf of Evernote.
This license is for the sole purpose of using the Evernote software and service under the license terms provided with the Evernote software and these terms until your rights under the license or these terms are terminated.
You have no other right or interest in Evernote or the Service.
Evernote's Basic Privacy Policy states, “My data is mine”.
What does that mean?
You retain the copyright and all other rights that you already owned in the content before you submitted, published or displayed it through the Service.
However, you must grant Evernote a limited license as described below in order for us to make your data accessible and usable as part of the service.
Except for this limited license and any other rights you grant under these terms, Evernote acknowledges that we have no right or interest in any of your content under these terms.
What is the license I need to give Evernote?
In order for Evernote to operate the service, we must obtain certain limited license rights from you to process your copyrighted content so that the technical measures taken as part of the operation of our service cannot be viewed as a violation of applicable law.
For example, copyright law could prevent us from processing, maintaining, storing, securing and distributing certain content, unless you grant us these rights.
By using the service and uploading content, you are granting Evernote a license to display, play, distribute, modify (for technical purposes, for example to ensure that the content can be viewed on smartphones, computers and other devices) your content ) and reproduce to enable Evernote to operate the Service.
In addition, you agree that Evernote may, in its sole discretion, not accept, post, save, display, publish, or transmit any Content.
You agree that these rights and licenses are royalty-free, transferable, sublicensable, valid worldwide and irrevocably (as long as your content is stored with us) and that Evernote authorizes Evernote to use such content to third parties with whom Evernote has entered into a contractual relationship with regard to the provision of the service, to make available and to transfer these rights to these third parties.
This consent is only valid for the purpose of providing such services and otherwise enabling third parties to access content or to disclose content to third parties if Evernote comes to the conclusion that such access or such disclosure is in order to comply with legal obligations is required.
If you choose to use an Evernote integrated service or application from a third party, you further agree that the licenses granted to Evernote in the previous paragraph also apply to content obtained using such a service or application from Submitted or uploaded to third parties.
If the third-party service or application you are using accesses or retrieves your content, you grant Evernote the right and license to enable the respective third-party provider to access and retrieve your content.
Evernote assumes no responsibility or liability with respect to any act or omission of any such application or service offered by any third party.
Since we rely on the rights to upload and distribute your content granted by you, you declare and guarantee to Evernote, (1) that you have the unrestricted rights and powers to submit your content to Evernote, if you use the Use, publish, or otherwise distribute the Service in any way, and grant Evernote the rights granted under these Terms, and (2) that your content will comply with our User Guidelines and these Terms.
Finally, you acknowledge and agree that Evernote, by carrying out the necessary technical measures to provide the service to the users, may make changes to your content that are necessary to ensure that the content is in accordance with the technical requirements of the intermediary networks, devices To customize services or media.
What other representations do I need to give Evernote?
When you use the Evernote service to send messages to an email address, text message to a phone number, or through a social network account (e.g. Facebook or LinkedIn) that is not connected to an Evernote Account is linked, Evernote will send such messages on your behalf and we trust your assurance that you are in a direct relationship with the respective recipients and that you respect their rights not to receive certain messages (e.g. harassing messages or unsolicited advertising messages and unsolicited SMS) ).
Each time you send any type of message to a third party, you represent and guarantee to Evernote that you are acting in accordance with the law and that you have the consent of the respective recipients to send them such a message.
Are there rules for what I can do with the Evernote service?
And.
Use of the service is subject to these terms.
With regard to the use of the service, you agree that you are responsible for your own conduct and all actions within the framework of your account.
This means that all content created, transferred, stored and displayed under your account is solely the responsibility of the person who created the respective content or submitted it to the service.
This provision applies whether the content is private, shared, or delivered using the Service or a third party application or service integrated with the Evernote Service.
Please refer to the guidelines for users for more information on improper use of the service.
Should we discover that any content released through your account violates our terms of use (including violations of the intellectual property rights or data protection rights of other persons), we reserve the right to revoke the release of such content or remove the content entirely.
I guess Evernote has some rights to the service itself, right?
That's right.
You will find more information on this below:
CONTENT RIGHTS
The content you store on the Evernote Service is your property (subject to any third party rights).
You acknowledge, however, that Evernote (and our licensors) owns all property, use, and other rights and interest in or in relation to the Service, including any software that forms part of the Service and any of you or Evernote software used by third parties to capture external content; for example, Evernote Scannable, Evernote Web Clipper, the Site Memory Widget or any Evernote application for compatible computing devices that allow access to and use of the Service from such a device (the “Evernote Software”).
INTELLECTUAL PROPERTY RIGHTS (INTELLECTUAL PROPERTY RIGHTS)
By agreeing to these terms and conditions, you also consent to the rights to the Service and the Evernote software, including all intellectual property rights such as trademarks, patents, designs and copyrights, in addition to these terms and conditions and all separate agreements, including copyright, Trademark or patent law and laws for the protection of trade secrets as well as other laws, regulations and agreements are protected.
In particular, you agree not to modify or create derivative works from the Evernote software, or to decompile it, or otherwise obtain the source code of any Evernote software, unless you are free to do so in accordance with an open source policy. License expressly permitted, we will give you express written permission or you are otherwise authorized to do so despite this prohibition.
RIGHT TO CHANGE THE SERVICE
We reserve the right, at our own discretion, to implement new elements as part of the service or as an addition to the service; including changes that could affect the previous functionality of the service or the Evernote software.
We believe such changes will improve our overall service, but you may disagree.
We also reserve the right to change the type or extent of the memory available to you, the number of transmissions, the ability to send and receive email messages, the type or extent of index or library data, the type or Restrict your continued ability to access or distribute your content and other data and impose other restrictions at any time, with or without notice.
For example, if you use Evernote Basic, you will not enjoy all of the benefits we offer to Evernote Plus, Evernote Premium or Evernote Business subscribers.
You also acknowledge that various actions by Evernote may impair or prevent access to your content or the use of the Service at certain times or for limited periods of time or permanently, and you agree that Evernote is neither responsible nor responsible for any consequences of such actions is liable; this also applies to the deletion or unavailability of any content, without being limited to it.
You agree that we are not liable to you or any third party for changes, failures or the discontinuation of any part of the service.
However, if you, as a subscriber to Evernote Plus, Evernote Premium, Evernote Business, or any other paid version of the Service (each a “Paid Service”), believe that such a change or failure of the Paid Service will adversely affect you , you can contact our customer service with a description of your situation and, if necessary, request the termination of the paid service.
Upon receipt of such a request, we will endeavor at our own discretion or in accordance with applicable law to immediately remedy the negative effects caused by the change, to extend the term of the paid subscription by a duration that corresponds to the period of the failure, or you the To reimburse fees for the paid subscription on a pro-rata basis according to the remaining unused term of the paid subscription.
RIGHT TO ENGAGE THIRD PARTIES
Evernote engages certain affiliates or other third parties ("Service Providers" or "Service Providers") to provide technical or other services in connection with the Service, and you hereby consent to such involvement by such service providers.
In addition, Evernote may use third parties as resellers to sell the Evernote Plus, Evernote Premium and Evernote Business service plans and work with payment processors to enable payments in your respective currency and payment systems.
Please refer to our privacy policy to find out to what extent such affiliates or third parties may have access to data or content in your account.
Please refer to our terms and conditions for more information on our relationships with resellers and payment processors.
RIGHT TO USE THIRD PARTY SOFTWARE
Evernote may from time to time include computer software provided by third parties as part of the Service and the Evernote Software that is used under the terms of such third party with the permission of the respective licensors or copyright holders.
You can find more information about such third-party software here or in the relevant Evernote software.
Evernote expressly disclaims any warranty or representation to you with respect to such third party software.
RIGHT TO UPDATE OUR SOFTWARE
In connection with any changes to the Service, Evernote may from time to time automatically download software updates to your computers and devices for the purpose of improving, expanding, repairing or developing the Service.
Evernote will do its best to give you a choice whether to install the update or not.
However, under certain circumstances (e.g. security risks) Evernote may ask you to install the update in order to continue to access the service.
In any event, you consent to Evernote delivering (and receiving) these updates to you as part of your use of the Service.
Do these terms apply to Evernote Business users?
If you use the service in connection with an Evernote Business account, your use is subject to these terms and conditions, unless the separate agreement for the Evernote Business account provides for any contradicting provisions.
The customer who entered into the agreement with Evernote and the Evernote Business Account Administrator (as defined by “Customer” and “Administrator” in the applicable Evernote Business Agreement) are responsible for and agree to the terms of any such agreement A separate agreement to be communicated to each person whose user account is linked to the Evernote Business account ("End User").
As an end user of an Evernote Business Account, please note that the Evernote Business Account customer (e.g. your employer or company) may have their own rules for end users regarding access, use, disclosure and retention of Has specified data that will be stored in this account.
For more details on the relationship between Evernote Personal Accounts and Evernote Business Accounts, please see our Privacy Policy and the Help & Education section of this article.
How does Evernote respond to copyright or other intellectual property violations?
We respond to clear and complete notices of suspected violations of copyright, trademark, or other intellectual property laws that meet the requirements of these terms (which we believe are compatible with the U.S. Digital Millennium Copyright Act (DMCA) and other applicable laws are).
If you believe that your intellectual property rights have been violated, please inform our compliance team according to the instructions of our IP compliance program so that we can investigate your concern.
Please note that it is the responsibility of the owners of intellectual property rights to protect their rights and to take any legal or other action they deem appropriate and Evernote is not under any obligation to take certain measures to enforce or protect such intellectual property rights on behalf of the Party to the contract.
Can children or minors use Evernote?
Evernote is not intended for children or minors, and any use by minors is restricted to the direction, supervision, and consent of a parent, guardian, or authorized teacher.
In addition, parents or legal guardians must ensure that minors only use the service if they understand their rights and obligations under these terms and our privacy policy.
Under applicable law, Evernote does not knowingly collect personal information from minors without parental consent.
If we become aware that we have inadvertently received such data and thus violate applicable law that prohibits the collection of data from children without such consent, we will delete them immediately.
Where will my data be kept?
The service is available worldwide, but your data will be stored in the USA as described in the privacy policy.
By using the Service, you consent to your electronic communications (including your login information and content) being transmitted over computer networks owned by Evernote, its service providers, and other third parties in California and other locations in the United States and other countries, as applicable .
As a result, when you use the Service, data transfers between US states and possibly international data transfers, to which you consent by using the Service, are likely to occur.
How can my account be closed?
You can deactivate your account with our service at any time for any reason (and without giving reasons).
However, to do this, you must follow certain steps outlined in the Help & Training section of the How to deactivate and reactivate an Evernote account.
If you have a paid subscription, you must cancel the subscription in accordance with our terms and conditions.
Evernote may, with or without notice, temporarily restrict your use of the Service, suspend access to your account, or close your account in accordance with these Terms.
Reasons for suspending access or closing the account include: (i) breach of these terms (including our user guidelines) or a separate agreement, (ii) prolonged inactivity (at Evernote's discretion) , (iii) failure to pay any fees or other amounts due to Evernote or any other contractual party in connection with the use of the Service, (iv) the discontinuation or fundamental modification of the Service (or parts of the Service), or (v) unexpected technical or security problems or extensive unsupported use.
As a rule, if your account is closed, we will inform you at least 30 days in advance by sending a message to the e-mail address you have provided so that you can access the content stored on the service's servers (unless because legal requirements prohibit us from sending such a notification or allowing you to access the content).
After this notice period has expired, you will no longer be able to access the content contained in this account and you will no longer be able to use the service in any other way via this account.
What happens to my account when I die?
Evernote's promise to protect the privacy of your content continues in the event of your death or incapacity.
If you would like to give someone access to the content or other data in your account for a period of time in which you will no longer be able to give access, you must arrange for such provision yourself.
We do not pass on your data and content to anyone, not even to your next of kin; unless we are required by law to do so.
We recommend that you include the access data with instructions for accessing your content in your will or other dispositions so that the desired persons have the necessary information.
For more information on how to end payments for paid services in the event of death or incapacity, see our terms and conditions.
I have a great idea that I want to introduce to Evernote.
What are my rights?
If you provide Evernote with any ideas, suggestions, documents or suggestions relating to the Service (or any other product or service) (collectively, "Contributions") through our website using the contact form, user forum or support, or other channels or processes You acknowledge and agree that: (i) your contributions do not contain any confidential or proprietary information; (ii) Evernote has no obligation, express or implied, to maintain confidentiality in relation to the Submissions; (iii) Evernote may use or disclose (or choose not to use or disclose) such Submissions for any purpose and in any way; (iv) Evernote may already be considering or developing something comparable to such a contribution; (v) Evernote automatically owns your contributions without any obligation on Evernote to you; and (vi) Under no circumstances will you be entitled to any invoicing, compensation or refund from Evernote.
Does Evernote show ads?
Our business model aims to make our service so useful that our users opt for a paid subscription.
However, we may display advertisements and promotions as part of the service or in connection with the service, for which third parties may pay.
You can find more information in our privacy policy and in the information on cookies.
Some of the content of advertising or other messages that we distribute is based on information provided by third parties.
We are not responsible or liable for any loss or damage of any kind suffered by you as a result of advertising or other communications.
In addition, all of your interactions with advertisers that you have come across on or through the Service - including your trust in the advertisements and all related business transactions and legal obligations - take place solely between you and the relevant advertiser.
What should i know?
THIRD PARTY LINKS, CONTENT AND PROGRAMMING
As part of or in connection with the Service, we may include or recommend resources, materials and developers or links to third party websites, content and applications.
We may have little or no control over such websites and developers, and accordingly you acknowledge and consent that: (i) we are not responsible for the availability of such external websites, content or applications; (ii) we are not responsible or liable for any content or other materials or services originating from such websites or from such applications; and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use or in connection with the use of such content, materials or applications or by reliance on them.
EXEMPTION
You agree to hold Evernote, its subsidiaries, affiliates, executives, agents, employees, advertisers, service providers and other partners harmless from all claims, liability claims, damages (actual and consequential), losses and expenses (including legal fees and other fees) arising out of or in connection with any third party claim in connection with your use of the Service, a violation of the Terms of Use, or any other act in connection with your use of the Service (including any act taken under your account).
In the event of such a claim, we endeavor to send notification of the claim, the lawsuit or the procedure to the contact details stored for the account concerned.
In this regard, failure to send such a notification to you neither removes nor diminishes your obligation to indemnify in accordance with this agreement.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
To the extent permitted by law, this service is provided as is.
You understand and expressly consent to the following:
Your use of the service and the purchase and use of any services are at your own risk.
The service is provided on the basis of its current status and availability.
To the extent permitted by law, Evernote makes no warranties or representations, either express or implied, including, but not limited to, the implied warranties and assurances of fitness for a particular purpose, and freedom from defects in title.
Evernote does not warrant that (i) the service will meet all of your requirements, (ii) the service will operate uninterrupted, promptly, securely and without errors, or (iii) all errors in the software or service will be corrected.
Any downloading or otherwise obtaining of material through the use of the Service is done at your own discretion and risk.
You are solely responsible for any damage to your computer or other equipment and any loss of data as a result of downloading or using such material.
Any recommendations or information received orally or in writing from Evernote or through the Service shall not create a guarantee that is not expressly stated in these Terms of Use.
You expressly acknowledge and agree that Evernote, its subsidiaries, affiliates, service providers and licensors, as well as our and their respective executives, employees, agents and successors will not be held liable to you for any damages; this includes direct, indirect, incidental, special damage, consequential damage or exemplary damage, including - but not limited to - damage due to loss of profit, reduction in goodwill, loss of use, loss of data, loss of insurance cover or other immaterial losses (including if Evernote has already become aware of the possibility of such damages), which arise for the following reasons: (i) the use or inability to use the service or the redemption of voucher codes or Evernote points; (ii) the cost of obtaining replacement services arising out of any data, information or service obtained or otherwise obtained, messages received, or transactions made through or from the Service; (iii) unauthorized access to, or loss, damage or alteration of your transmissions, content or data; (iv) statements or conduct by any third party in relation to the Service, use of the Service or the provision of services in connection with the operation of the Service; (v) acts or omissions by Evernote based on your basic subscriber data and any changes to them or communications received from them; (vi) your failure to protect the confidentiality of passwords or access rights to your account; (vii) acts or omissions of any third party by using or integrating with the Service; (viii) any advertising content and your purchase or use of advertised or other third party products or services; (ix) the termination of your account in accordance with the provisions of these Terms of Use; or (x) any other matter relating to the Service.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
Nothing in these Terms of Use (including the limitation of liability provisions) is intended to exclude or limit any conditions, guarantees, rights or liabilities that may not be excluded or limited by law.
Some jurisdictions do not allow the exclusion of certain warranties or representations, or the exclusion or limitation of liability for loss or damage caused by intent, negligence, breach of contract, breach of implied terms, or incidental or consequential damage.
Accordingly, only those liability and other restrictions apply to you that are permissible under your legal system (if any), and our liability is limited to the maximum extent permitted by law.
If so, how does Evernote comply with its notification requirements?
Make sure your basic subscriber information is accurate, complete, and up-to-date.
This is the only way we can send you notifications by e-mail (to the e-mail address linked to your account), by post or through publications on the websites of the service concerned.
How do I send a message to Evernote?
Unless a different contact method or address for notifications is expressly provided in these terms or in a separate agreement, any notification to Evernote must be sent by email to compliance@evernote.com.
This email address may be subject to change when these Terms of Use are updated.
If you are unable to send a notification by email, you can send us the notification to the following address (depending on which service provider is responsible for you):
Evernote Corporation
305 Walnut Street
Redwood City, California 94063 USA
Attention: Legal Notice
Evernote GmbH
c/o Centralis Switzerland GmbH Dufourstrasse 101
8008 Zürich, Switzerland
Attention: Legal Notice
Evernote Do Brasil Services
Ltda Applications
Tax number CNPJ / MF: 17.566.240 / 0001-50
Avenida Paulista, no 2.300
Pilotis Walking
São Luiz Gonzaga Building
CEP: 01310-300, São Paulo / SP, Brazil
Attention: Legal Notice
Are there countries where Evernote is not allowed?
You may not use or otherwise export the Service and any Evernote software other than permitted under United States law and the laws of the jurisdiction in which the Service is hosted or in which you are using the Service.
In particular, the Evernote software may not (i) be exported or re-exported to countries subject to US economic sanctions, or (ii) be made available to or used by persons who are on the US "List of Foreign Sanctions Evaders" (US ‑ FSE) or “List of Specially Designated Nationals” (US ‑ SDN) of the US Treasury Department or “Denied Persons List” (US ‑ DPL), “Unverified List” (US-UL) or “Entity List” (US -EL) from the US Department of Commerce.
By using the service you represent and warrant that you are neither in such a country nor on such a list and that you will neither use the service in such a country nor give any person in such a country access to the Use of the service will be granted.
In addition, you are responsible for complying with applicable export controls, economic sanctions and related laws when traveling across international borders and accessing your content.
What laws apply to my use of Evernote?
If your place of residence or business is in the United States or Canada, these Terms and the relationship between you and Evernote (including any disputes) are governed in all respects by the laws of the State of California, including contracts and agreements, between California residents and legal entities within California, regardless of any provisions of private international law.
If your place of residence or business is in Brazil, these Terms and the relationship between you and Evernote (including any dispute) are governed in all respects by Brazilian law and are deemed to be incumbent in Brazil notwithstanding any provisions of private international law.
If your place of residence or business is outside of the United States, Canada and Brazil, these Terms and the relationship between you and Evernote (including any disputes) are in all respects subject to Swiss law and are deemed to be incorporated in Switzerland, regardless of any international provision Private law.
If any provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, the parties agree that the court should endeavor to take account of the parties' intentions expressed in the relevant provision, with the remaining provisions of the Terms of Use in remain fully valid.
How do I make a claim against Evernote?
SHARE YOUR COMPLAINTS AND COMPLAINTS WITH US
Since we want to provide you with the best possible user experience, we ask you to contact our customer service if you have any problems or complaints in connection with the operation of the service or Evernote software.
INTRODUCING A FORMAL CLAIM
If you come to the conclusion that we did not do justice to your request and you want to take legal action, you consent to your claim being clarified using the procedures set out in these terms and conditions.
Evernote provides the Service to you on condition that you consent to the dispute resolution provisions described below.
Therefore, if you otherwise make a claim against Evernote, you are in breach of these Terms and you consent to Evernote having the right to effect the rejection or otherwise termination of any such action.
In such event, you further agree to reimburse Evernote for its reasonable costs incurred in defending against such improperly initiated claim.
You agree to notify our attorneys at legalnotice@evernote.com prior to commencing any formal action against Evernote, stating that you are filing a Notice of Dispute.
Upon receipt of such notice of a dispute, you and we will attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the dispute notice was sent.
If the dispute is not resolved, you or we may initiate formal proceedings under these terms.
If you are based in the United States or Canada, unless our dispute is resolved through arbitration (as described below), you consent to any and all claims or disputes you may have against Evernote must only be submitted before a first instance or US federal court in San Mateo County (California, USA).
You consent to the exclusive personal jurisdiction of the courts of San Mateo County, California, USA (and for the avoidance of doubt, to exclude any jurisdiction of any other court) in pursuing any such claims and disputes.
If you are based in Brazil, the following applies: Unless our dispute is resolved through arbitration (as described below), you consent to all claims or disputes brought by you against Evernote only before a Court in São Paolo-SP (Brazil).
You consent to the exclusive personal jurisdiction of the courts of São Paolo-SP (Brazil) in pursuing any such claims and disputes (and for the avoidance of doubt, to exclude any jurisdiction of any other court).
If your place of residence or business is outside of the United States, Canada, and Brazil: Unless our dispute is resolved through arbitration (as described below), you consent to all claims or claims you may have against Evernote. Any disputes brought forward must only be settled in a court in Zurich (Switzerland).
You agree to be subject to the exclusive personal jurisdiction of the courts in Zurich (Switzerland) in pursuing any such claims and disputes (and, for the avoidance of doubt, to exclude any jurisdiction of any other court).
ALTERNATIVE DISPUTE RESOLUTION PROCEDURE
Unless you are subject to the arbitration agreement set out below, and subject to applicable law, if you and Evernote have a claim with a total value of less than $ 10,000, the claiming party may resolve the dispute in binding arbitration to be enclosed, which does not require personal presence.
This "alternative dispute resolution process" will be initiated by either party by giving notice to the other party, and you and Evernote agree to use reasonable endeavors to reach an agreement within thirty (30) days on any person or service provider who may be involved. who directs the alternative dispute resolution process in accordance with the following requirements ("Head of Arbitration"): (i) Neither party is required to personally participate in any proceeding; (ii) the process is conducted through written submissions, telephone calls or online communication or as otherwise agreed; (iii) the arbitrator's fees shall be shared equally by the parties or presented to the arbitrator for resolution on the dispute; and (iv) the arbitration director's decision may be brought for enforcement in any court of competent jurisdiction.
If your place of residence or company headquarters is in the European Union (EU), please note that we do offer this alternative dispute resolution procedure, but not the European Commission's dispute resolution platform, as we do not have a branch in an EU country.
ARBITRATION AGREEMENT
If your place of residence or business is in the United States, or if you are otherwise subject to the Federal Arbitration Act, you and Evernote agree that any dispute or claim between the parties, other than an enforcement-related dispute, shall be resolved or validity of your or our intellectual property rights as well as the intellectual property rights of your or our licensors - can only be settled through final and binding arbitration and not in court, with the exception of minor claims that you can assert before the corresponding small claims court, provided that your claims are eligible for it.
The interpretation and enforcement of this arbitration agreement are governed by federal arbitration law.
Please note that if you were a user of the Service prior to December 4, 2012 and you formally not apply the Arbitration Agreement in accordance with the procedures in our Terms of Use which was in effect on December 4, 2012, you will not be subject to this arbitration agreement have decided.
Our arbitration proceedings are conducted by the American Arbitration Association (“AAA”) in accordance with its then-current rules and procedures, including the AAA's additional consumer disputes procedures (as applicable) as modified by our arbitration agreement.
You can review these rules and procedures on the AAA website, as well as a form to initiate arbitration.
The arbitration will take place in the US county in which you are domiciled or at another location agreed between us.
If the amount in dispute does not exceed US $ 10,000, either party can decide whether to conduct the arbitration by telephone or based solely on written submissions.
This decision is binding on both parties unless the arbitrator, in his sole discretion, requests a personal hearing.
Your or our participation in a personal hearing can take place by telephone, unless the referee requests otherwise.
The arbitrator will determine the subject matter of any claim under the laws of the State of California, including recognized principles of equity, and shall consider all legally recognized rights to refuse to testify.
The arbitrator is not bound by decisions made in previous arbitrations with other Evernote users, but is bound by decisions made in previous arbitrations with the same user to the extent required by applicable law.
The award is final and binding and may be filed in any court of jurisdiction over the parties subject to the limited right of objection under the US Federal Arbitration Act.
The rules of the AAA regulate the payment of all registration and administration fees as well as arbitrator fees, unless our arbitration agreement expressly provides otherwise.
If the amount in dispute in any arbitration does not exceed US $ 10,000, Evernote will pay all arbitration-related registration, administrative and arbitrator fees provided that (i) you submit a written request for such payment of the fees or fees; and submit it to the AAA with your Demand for Arbitration and (ii) the arbitrator does not classify your claim as dubious.
In this case we will pay all necessary fees or fees directly to the AAA.
If the dispute value of the claim exceeds $ 10,000 and you can demonstrate that the cost of arbitration is prohibitive to the cost of litigation, Evernote will pay for registration, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being prohibitive due to the cost.
If the arbitrator determines that the claims you have brought in the arbitration are untrustworthy, you agree to reimburse Evernote for all arbitration-related fees that Evernote has paid on your behalf and which you otherwise have to pay in accordance with the Rules of the AAA would be obliged.
As part of the arbitration agreement, you and Evernote agree that either party may only bring claims against the other party on an individual basis and not in what is known as class or representative action or related proceedings.
We refer to this aspect as the "prohibition of class and representative actions".
Unless you and we agree otherwise, the arbitrator may not combine your or our claim with the claims of any other person or party, or otherwise preside over any form of pooled class action or representative action or proceeding.
The arbitrator may grant redress (including financial redress, injunctive relief, or declaratory order) only in favor of the redressing party and only to the extent necessary to remedy that party's individual claims.
Any remedial action provided will not affect other Evernote users.
Should a court find any part of this arbitration agreement, with the exception of the prohibition of class and representative actions, to be invalid or unenforceable, the remaining parts of this arbitration agreement shall remain unaffected.
Should a court find the prohibition of class and representative actions invalid or unenforceable, this entire arbitration agreement will be null and void.
The remaining provisions of these Terms and this section ("How do I make a claim against Evernote?")
remain unaffected.
LIMITATION OF CLAIMS.
You agree that, regardless of any statutes or statutes to the contrary and the applicable dispute resolution process, you may have any claim or cause of action arising out of or in connection with the use of the Service or otherwise within one (1) year of such claim arose or cause of action and such a claim or cause of action otherwise becomes statute-barred.
The provisions of this section entitled “Limitation of Claims” apply as a separate, written, legally binding agreement between you and us.
SPECIAL NOTICE TO CALIFORNIA (USA) USERS
Pursuant to Section 1789.3 of the California Civil Code, users of the Service in California should be made aware of the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Consumer Protection Agency (California Department of Consumer Affairs) is in writing at 1625 North Market Blvd.,
Suite N 112, Sacramento, CA 95834, USA or by calling +1 916 445-1254 or +1 800 952-5210.
You can contact Evernote by email at legalnotice@evernote.com or by post at:
Evernote Corporation
305 Walnut Street
Redwood City, California 94063 USA
Attention: Legal Notice
Other provisions
Finally, a few other important aspects.
These Terms constitute the entire agreement between you and Evernote and govern your use of the Service, except as provided in a separate agreement between you and Evernote, and then only to the extent that such separate agreement may be made.
These Terms supersede any previous agreements or previous versions of these Terms between you and Evernote relating to your use of the Service, as of the effective date indicated at the start of these Terms.
If you use or receive a product or service from a third party by accessing or using the service, you may also be subject to the applicable terms and conditions of that third party, whereby these terms and conditions do not affect your legal relationship with this third party.
You further acknowledge and agree that all of Evernote's subsidiaries and affiliates are third party beneficiaries of these Terms and that such other companies are entitled to directly enforce and enforce any provision of these Terms that grants them an advantage (or rights in their favor) to appeal to them.
In addition, no other person or company may be a third party beneficiary of these Terms.
And finally, the headings of the sections of these Terms of Use are for convenience only and have no legal or contractual effect.
In the event of any contradictions between the German and English versions, the English version shall prevail.