https://evernote.com/intl/it/legal/terms-of-service Validity date: August 28, 2017 - News »
We welcome you to Evernote.
We encourage you to log into our websites and use the Evernote service; however, please note that this invitation is subject to your acceptance of these Terms of Service.
This document details your and our rights in relation to the provision of the Service (defined below), so we recommend that you read it carefully.
What are the Terms of Service?
The Terms of Service represent an agreement between Evernote and you.
The Terms include the provisions defined in this document and the Privacy Policy, the Business Terms, the Evernote Business Agreement, the User Guidelines, the Evernote Intellectual Property Rights Compliance Program and other terms. or conditions (collectively, the "Terms of Service" or "Terms") relating to specific Services and from time to time indicated by us and accepted by you.
Non-acceptance of these Terms does not entitle you to access the Service or to use it.
Registration for the Service or its use requires you to confirm your acceptance of the Terms, which consequently makes the user a subject bound by this contract.
By using the Service, you acknowledge, accept and consent to all provisions of the Privacy Policy, including, but not limited to, the use and processing of text, images and other data that you choose to enter, upload or store in Evernote (collectively, the "Content") and personal information in accordance with this Privacy Policy.
What is the Evernote Service?
The Evernote Software (defined below), the Evernote service, and other products, services and websites hosted or made available by Evernote, including but not limited to our App Center, User Forum, and Help & Resources pages are collectively referred to as in these Terms "the Service".
In order to use the Service, you agree to be bound by these Terms.
If this is a contract, who are the contractors?
One of the parties is the account holder, which is the person who has entered into an agreement with Evernote as a user of the Basic, Plus or Premium version or as a customer of the Business version as defined in our Evernote Business Agreement.
If you reside in the United States or Canada, the other party is Evernote Corporation, a California-based company.
If you reside in Brazil, the other contractor is Evernote do Brasil Serviços de Aplicações Ltda.,
a company based in Sao Paulo, State of Sao Paulo, Brazil ("Evernote Brazil").
If you reside outside the United States, Canada and Brazil, the other party is Evernote GmbH, a company based in Zurich, Switzerland.
For purposes of these Terms of Service, Evernote Corporation, Evernote GmbH and Evernote Brasil may be referred to, where applicable, as "Evernote" or sometimes as "we".
On some occasions, you may purchase products or service subscriptions from an authorized reseller.
The Trade Terms contain information on additional contractual terms relating to such purchases.
Is this the only contract signed with Evernote?
It depends on how you interact with the Evernote service and our software applications.
If the user installs the Evernote software on their devices, they may be prompted to accept the end user agreement.
If you purchase an Evernote subscription, you may be required to accept the Business Terms.
If you use related Evernote products or services (such as Evernote Business) or participate in our user forum, you may need to enter into a separate agreement (usually by clicking "I agree" or "I agree").
Each of them is referred to as a "Separate Agreement".
In such event, the separate agreement will take precedence if there is a conflict between those terms and these Terms of Service, to the extent of such conflict and in conjunction with the specific matter governed by such separate agreement.
Will these Terms of Service ever change?
These Terms may change as new features, technologies or legal requirements arise, so please review them from time to time.
In case of significant changes we will send a notification and, where necessary, we will ask for consent.
In the event that the Terms are updated, you are free to decide whether or not to accept the updated terms or to stop using the Service altogether (more details in "How an account is closed" below); continue to using the Service after the entry into force of this update will represent your acceptance of being bound by the new Terms.
Except for changes made by us as described in these Terms, no other changes will be considered valid unless established in writing, explicitly indicated as such and duly signed by you and Evernote.
For clarity, an email or other communication does not constitute a written agreement valid for the stated purpose.
What do I need to do to use the Evernote service?
First, the user needs to create an Evernote account.
To do this, you need to provide an email address and create a password (some older accounts also have a username).
This represents what we call "Subscriber Basic Information".
We encourage users to use a unique and non-obvious password, different from the passwords used for other services.
You are responsible for the accuracy, completeness and confidentiality of such basic information about the subscriber, as well as for all activities carried out with that account, including activities carried out by other persons to whom the basic information has been provided.
Evernote cannot be held responsible for any loss or damage resulting from failure to provide accurate information or from failure to protect its basic information.
If you discover unauthorized use of your basic information or suspect that someone may have access to your content without authorization, you must immediately change your password and notify the customer support team.
The user must then be able to access their account via a browser or by installing our client software on their computers, tablets and phones.
Ownership of such devices and payment of related data and connectivity plans are the responsibility of the user.
Evernote is also not responsible for the availability of the Internet and other telecommunications services required to access the Service.
Is it possible to share your account with others?
It would be good not to share Evernote accounts.
If you share your basic information with someone else, that person may take control of the account and we may not be able to determine who the real owner is.
We will have no liability to you (or to those with whom basic subscriber information is shared) for actions taken in these circumstances.
Because you have the ability to use Evernote for free and because we offer various mechanisms to allow you to share your content with others, we strongly request that you do not share your personal information with anyone, unless this is done for succession planning purposes, as described below.
What are the rights of an Evernote account holder?
Once you have created your account and accepted the Terms, we grant you a limited and non-exclusive license to use the Service in accordance with these Terms, therefore provided that you are not prohibited from receiving the Service under the read the applicable laws for you and until you voluntarily close your account or until we close it in accordance with these Terms.
In addition, we grant you a personal, internationally valid, royalty-free, non-assignable, and non-exclusive license to use the Evernote software provided to you by or on behalf of Evernote, for the sole purpose of enabling the use of the Evernote software and take advantage of the benefits of the Service, under any applicable license terms set forth by the Evernote software and these Terms, until your rights cease in accordance with such license and / or such Terms.
You gain no other right or interest in Evernote or the Service.
According to Evernote's Data Protection Policy, the data is owned by the user.
What does it mean?
The copyright and any other rights relating to the content already owned by the user prior to sending, publication or display on or through the Service remain the property of the user.
However, you must grant Evernote a temporary license, described below, in order to allow Evernote to make your data accessible and usable through the Service.
In addition to this limited license and other rights licensed under these Terms, Evernote acknowledges and agrees that it has no right, title or interest in you in its content under these Terms.
What license should the user grant to Evernote?
In order to allow Evernote to operate the Service, you must obtain certain limited license rights from you, which are necessary to process the content protected by intellectual property rights so that the technical actions taken to operate the Service are not considered legal violations.
For example, copyright laws may prevent us from processing, maintaining, storing, backing up and distributing certain content, unless you grant us those rights.
Accordingly, by using the Service and uploading content, you are granting Evernote a license to view, run and distribute your content and to modify and reproduce such content (for technical reasons, for example to ensure that it can be viewed on smartphones. , on computers and other devices) to allow Evernote to operate the Service.
You further agree that Evernote has the right to choose not to accept, post, store, view, post or transmit any content, in its sole discretion.
You agree that such rights and licenses are copyright free, transferable, sublicensable, global and irrevocable (for as long as the content is stored through our Service) and that they include Evernote's right to make such content available and to transmit its rights to other parties with whom Evernote has contractual relationships for the provision of the Service, solely for the purpose of providing such services, and to allow access or disclosure to third parties if Evernote determines that such access it is necessary to comply with its legal obligations.
If you choose to use third party services or applications integrated into Evernote, you agree that the licenses granted to Evernote under the preceding paragraph also apply to content sent or uploaded through such third party service or application.
If the third party service or application that you choose to use involves accessing or extracting your content, you grant Evernote the right and license to allow that third party to access to the content and extract it.
Evernote assumes no responsibility or liability with respect to or for the actions or omissions committed by such third party service or application providers.
Since the uploading and distribution of the content is based on your rights, you represent and warrant to Evernote (1) that you have unlimited legal rights and authority to submit your content to Evernote to use, publish or otherwise distribute such content. content as a result of using the Service, as well as the rights to grant the rights granted to Evernote under these Terms; and (2) that the content complies with our User Guidelines and these Terms.
Finally, the user acknowledges and accepts that Evernote, in carrying out the technical operations necessary to provide the Service to its users, may make changes to the User Content if this is necessary to adapt it and make it compliant with the technical requirements of networks of connection, devices, services or media.
What other guarantees must be given to Evernote?
If you use the Evernote service to send messages to an email address, phone number via text message, or via a social network account (such as Facebook or LinkedIn) not linked to an Evernote account, Evernote sends those messages to account of the user on the basis of his declaration of a direct relationship with the recipients and respect for the right not to receive certain types of messages (for example intimidating messages, unsolicited commercial messages and unsolicited SMS messages).
Whenever you send a message of any kind to a third party, you represent and warrant to Evernote that you are acting according to the law and that you have already obtained the recipient's consent to send such message.
Are there any rules on what can be done with the Evernote service?
Yup.
The use of the service by the user must be in compliance with these Terms.
With regard to the use of the Service, the user agrees to be responsible for his own conduct and for everything that happens with his account.
Consequently, all content created, transmitted, stored or viewed in your account is the sole responsibility of the person who created the content or who posted it to the Service.
This applies whether the content remains private, whether it is shared or transmitted through the Service or any application or any third party service integrated into the Evernote service.
Our User Guidelines contain more specific details on conduct that is prohibited while using the Service.
If we become aware of content that does not comply with our Terms of Service (including content that infringes another person's intellectual property or confidentiality rights), we reserve the right to unshare or completely remove such content.
Does Evernote have any rights to the Service?
Yes, and they are described here:
RIGHTS ON CONTENT.
While the content stored on the Evernote service is owned by you (and subject to the rights of third parties), you acknowledge and agree that Evernote, together with its licensors, owns all legal rights, title and interest in about the Service, including, without limitation, all software that is part of the Service and all Evernote software distributed by you or by third parties to enable the acquisition of content created outside the Service, such as Evernote Scannable, Evernote Web Clipper, the Site Memory widget, or any of Evernote's compatible device software applications that allow you to access and use the Service through that device (the "Evernote software").
INTELLECTUAL PROPERTY RIGHTS.
By accepting these Terms, you also agree that the rights attached to the Service and Evernote software, including all intellectual property rights such as trademarks, patents, designs and copyrights, are protected by copyright, trademark, patent, trade secret laws. or other laws, regulations and treaties in addition to these Terms and any other separate Agreement.
In particular, you agree not to modify, create derivative works, decompile or attempt to extract the source code from any Evernote software, unless expressly authorized to do so under an open source license, authorization given in writing or unless permitted by law regardless of this prohibition.
RIGHT TO CHANGE THE SERVICE.
Evernote retains the right to implement, in its sole discretion, new items as part of the Service or as ancillary items, including changes that may affect the way the service or Evernote software previously operated.
These changes are intended to improve the Service in its entirety, but it is possible that this does not coincide with the interests of the user.
Evernote also reserves the right to limit the nature or size of the storage space made available, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library, the nature or ability to access content and other data continuously and distribute them, as well as the right to set other limitations at any time, with or without notice.
For example, Evernote Basic users do not enjoy all the benefits offered to Evernote Plus, Evernote Premium, or Evernote Business subscribers.
You further acknowledge that various measures taken by Evernote may restrict or prevent access to your content or use of the service at certain times and / or similarly, for limited periods of time or permanently, and agree that Evernote has no responsibility for such actions or results, including, without limitation, for the deletion of the content or for the inability to make it available to the user.
The latter agrees that Evernote cannot be held liable to you or any third party for any changes, suspensions or interruptions of any portion of the Service.
However, if you are a subscriber to Evernote Plus, Evernote Premium, Evernote Business or another paid version of the Service (each referred to as a "Paid Service") and you believe that any such changes or discontinuation of the Paid Service have an adverse impact, you can contact our customer support team, explain the impact caused by the change and, if you wish, request the termination of the Paid Service.
Upon receipt of this request, we will undertake to promptly remedy the negative impact caused by the change, extend the duration of the subscription to the Paid Service for a period of time equal to the duration of the interruption and / or refund part of the cost. of subscription to the Paid Service equivalent to the remaining unused period of time of the subscription, depending on what we deem appropriate or that may be required by applicable law.
RIGHT TO INVOLVE THIRD PARTIES.
Evernote engages certain affiliates or other third parties (the "Service Providers") to provide technical or other services related to the Service, in whole or in part.
You hereby agree that such involvement is permissible.
In addition, Evernote may enter into agreements with third party resellers of Evernote Plus, Premium or Business and with payment processing companies to allow payment in local currency and payment systems.
Please refer to the Privacy Policy to understand the extent to which each affiliate or third party can access your account data or user content, as well as our Business Terms to understand the relationship between us and each reseller or processor. of payments.
RIGHT TO USE THIRD PARTY SOFTWARE.
From time to time, Evernote may integrate applications provided by third parties, used under license from their respective licensors and / or copyright holders, into the Service and into its software, subject to the terms set forth by such parties.
Evernote offers information about some of this third-party software here and specific Evernote software.
Evernote expressly disclaims warranties of any kind to you with respect to such third party software.
RIGHT TO UPDATE EVERNOTE SOFTWARE.
With respect to 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, perfecting, correcting and / or further developing the Service.
Evernote agrees to provide you with the ability to choose whether or not to install this update; in certain circumstances, however (for example where there are security risks), Evernote may require you to install the update to continue accessing the Service.
In any case, you agree to receive such updates from Evernote as part of your use of the Service.
Do these terms apply to Evernote Business users?
If you use the Service with an Evernote Business account, your use of the Service is governed by the following Terms, unless the separate Agreement governing your Evernote Business account provides conflicting terms.
The Customer who has entered into an agreement with Evernote and the Evernote Business Account Administrator (the "Customer" and the "Administrator" as defined in the applicable Evernote Business Agreement) accept and are responsible for sharing the terms of such Separate agreement with anyone who has an account linked to that Evernote Business account (the "End User").
If you are an End User of an Evernote Business account, please note that the Client of your Evernote Business account (e.g. your employer or your organization) may have established their own rules regarding User access. and the use, disclosure or retention of data stored in that account.
More information on how your personal Evernote account works with your Evernote Business account can be found in our Privacy Policy and this Help and Resources article.
What actions does Evernote take if copyright or other intellectual property rights are infringed?
We respond to notifications of alleged copyright or trademark or other intellectual property rights infringement that are clear and complete and that meet the requirements set out in these Terms (which we believe comply with the United States Digital Millennium Copyright Act and to other applicable laws).
If you believe that your intellectual property rights have been infringed, you should notify our compliance team based on the instructions provided in our Intellectual Property Rights Compliance Program and we will review the situation.
Please note that each intellectual property owner is responsible for protecting their rights and is required to take any legal and other measures deemed necessary for the purpose; Evernote does not agree to undertake any obligation with respect to any specific action aimed at enforcing or protecting the intellectual property rights of third parties on their behalf.
Can children use Evernote?
Evernote is not intended for minors and any use of the Service by minors must be with the assistance, supervision and consent of their parents, guardians and / or authorized school officials.
Additionally, Evernote relies on parents and guardians to ensure that minors use the Service only if they understand the rights and responsibilities outlined in these Terms and our Privacy Policy.
Under applicable law, Evernote does not knowingly collect personal information about minors without their parents' consent.
If we become aware that we have unintentionally obtained information that violates applicable laws that prohibit the collection of information from children without such consent, we will delete it immediately.
Where does the user's data go?
The Service is available worldwide, but the data is stored in the United States as described in our Privacy Policy.
By using the Service, you agree to the ability to send electronic communications (including basic information and content) via computer networks owned by Evernote, its service providers and other third parties based in California and other locations. of the United States.
Consequently, the use of the Service by the user could likely involve the transmission of data in different locations and countries, therefore the use of the Service will represent the consent to such transmissions.
How is an account closed?
You can deactivate your account linked to our Service at any time, for any reason or for no reason whatsoever.
To deactivate your account, however, you need to take specific steps, described in our Help and Support article titled “How to deactivate and reactivate your Evernote account”.
If you are a subscriber to a paid service, you will need to cancel it in accordance with our Business Terms.
Evernote may take action to temporarily restrict use of the Service, to suspend access to your account, or to terminate your account, with or without notice in accordance with these Terms.
Reasons that may require Evernote to suspend or terminate your account include, but are not limited to: (i) breach of these Terms (including User Guidelines) or any separate Agreement , (ii) an extended period of inactivity (determined in Evernote's sole discretion), (iii) failure to pay the fee or other amounts due to Evernote or any other party in connection with the use of the Service, interruption or material modification of the Service (or any part thereof) or (v) unexpected technical or security problems or unsupported prolonged use.
In most cases, if Evernote decides to close your account, we will send notice at least 30 days in advance via email to the address provided by you, so that you have the ability to retrieve any content stored on the Service's servers (unless we agree that we do not have the right, by law, to send such notification or to allow you to do so).
After the notification period has expired, you will no longer be able to retrieve the Content stored in that account or otherwise use the Service through that account.
What happens to a user's account after their death?
Evernote continues to strive to protect the privacy of your Content even after your death or supervening incapacity.
If you want to give others access to your Content or your account data when you can no longer do so, you need to implement a process to provide them with that information.
Evernote will not provide any such information or user content to anyone, not even a very close family member, unless we are required to do so by law.
We encourage you to enter your basic information and instructions on how to access your Content in your will or probate document so that anyone who wants to access your account can have the means to do so.
Our Business Terms contain information necessary to stop paying for Paid Services after a user's death or incapacity.
What are your rights if you share a great idea with Evernote?
If you submit ideas, suggestions, documents and / or proposals relating to the Service (or other products or services) to Evernote through the "Contact Us" page, the user forum or support interfaces, or through other channels or mechanisms ( collectively, the "Contributions"), acknowledges and agrees that: (i) the Contributions must not contain confidential and proprietary information; (ii) Evernote has no express or implied confidentiality obligations with respect to the Contributions; (iii) Evernote will have the right to use or disclose (or choose not to use or disclose) such Contributions, in any way; (iv) Evernote may have already considered or started developing something similar to the Contributions; (v) your Submissions automatically become the property of Evernote without any obligation to you by Evernote; and (vi) you are not entitled to receive explanations, compensation or refunds of any kind from Evernote under any circumstances.
Does Evernote display ads?
Our business model aims to make the Service useful enough to encourage users to subscribe to a paid Service.
However, we may show promotions and advertisements related to or on the Service, some of which may have been paid for by third parties.
For more information, see Evernote's Privacy Policy and Cookie Policy.
Certain advertisements or messages provided by Evernote may be based on information provided by third parties, and Evernote will not be liable for any loss or damage of any kind incurred by you as a result of advertisements or other messages.
In addition, your interactions with advertisers, on or through the Service, including, without limitation, all ad uses, all business transactions and all associated legal obligations, are solely between you and those advertisers.
What else do you need to know?
THIRD PARTY LINKS, CONTENT AND PROGRAMS.
We may include or recommend third party resources, materials and developers and / or links to third party websites, content and applications within or in connection with the Service.
We may have little or no control over such sites or developers, and as a result, you acknowledge and agree that (i) Evernote is not responsible for the availability of such external sites, applications or content; (ii) Evernote is not responsible for any content or other material or services available through such sites or applications and (iii) Evernote shall not be held responsible, directly or indirectly, for any damage or loss caused, actually or potentially, or related to use of such content, materials or applications.
DISCLAIMER OF LIABILITY.
You agree to indemnify Evernote and its subsidiaries, affiliates, directors, agents, employees, advertisers, service providers and other partners with respect to any disputes, claims, damages (actual and consequential), losses and expenses (including legal and professional fees) arising out of or in any way associated with any third party claims regarding your use of any component of the Service, any breach of these Terms of Service or any other action related to your use of the Service by the user (including all operations carried out with his account).
If such a claim occurs, Evernote will endeavor to notify the claim, cause or legal action using the user's contact information in its possession, provided that failure to notify the user does not eliminate or reduce the indemnification obligations. of the user under these Terms.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.
To the maximum extent permitted by law, the Service is available "as is".
THE USER ACKNOWLEDGES AND EXPRESSLY AGREES THAT:
YOUR USE OF THE SERVICE AND YOUR PURCHASE AND USE OF ANY SERVICE ARE AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, EVERNOTE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, FOR EXPLANATORY PURPOSE, ALL IMPLIED WARRANTIES AND CONDITIONS FOR A SPECIFIC PURPOSE OF OF NON-INFRINGEMENT.
EVERNOTE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE CONTINUOUS, TIMELY, SECURE AND ERROR-FREE; OR THAT (iii) ALL ERRORS RELATING TO THE SOFTWARE OR SERVICE WILL BE CORRECTED.
ANY MATERIAL IS DOWNLOADED OR OTHERWISE OBTAINED BY USING THE SERVICE SOLELY AT THE DISCRETION AND RISK OF THE USER AND THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICES, OR LOSS OF DATA RESULTING FROM THE DOWNLOAD USE OF SUCH MATERIAL.
NO NOTICE OR INFORMATION, IN WRITING OR ORAL, OBTAINED BY YOU FROM EVERNOTE OR THROUGH THE SERVICE SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT EVERNOTE AND ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS AND LICENSE GRANTS AS WELL AS THEIR RESPECTIVE MANAGERS, EMPLOYEES, AGENTS AND SUCCESSORS ARE NOT INDIVIDUAL TO YOU, ANY DIRECTOR, , INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOOD FAITH, USE, DATA, COVERAGE OR OTHER INTANGIBLE LOSS (EVEN IF EVERNOTE WAS TO KNOW THE POSSIBILITY) FROM: (i) THE USE OR INABILITY TO USE THE SERVICE OR THE PROMOTIONAL CODES OR THE EVERNOTE POINTS; (ii) THE COST OF SUBSTITUTE SERVICES INCURRED AS A RESULT OF PURCHASING OR OBTAINING ANY DATA, INFORMATION OR SERVICES OR RECEIVING MESSAGES OR TRANSACTIONS RELATED TO THE USE OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO YOUR TRANSMISSIONS, CONTENT OR DATA OR LOSS, DAMAGE OR ALTERATION OF SUCH TRANSMISSIONS, CONTENT OR DATA; (iv) THE REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY ABOUT THE SERVICE OR THROUGH ITS USE, OR THROUGH THE PROVISION OF ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (v) EVERNOTE'S ACTIONS OR OMISSIONS REGARDING THE SUBSCRIBER'S BASIC INFORMATION AND ANY CHANGES TO IT OR NOTIFICATIONS FROM IT; (vi) THE USER'S FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORD OR RIGHT TO ACCESS YOUR ACCOUNT; (vii) THE ACTIONS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING IN THE SERVICE; (viii) ANY ADVERTISING CONTENT OR ANY PURCHASE OR USE OF ADVERTISED OR THIRD PARTY PRODUCTS OR SERVICES; (ix) CANCELLATION OF USER ACCOUNT IN ACCORDANCE WITH THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS.
NO PART OF THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITIONS, WARRANTIES, RIGHTS OR LIABILITIES THAT MAY NOT BE EXCLUDED OR LIMITED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY CAUSED BY ACTS OF MALICIOUS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
CONSEQUENTLY, ONLY LIMITATIONS OF LIABILITY OR OTHERWISE CONSIDERED LEGAL IN YOUR JURISDICTION, AND EVERNOTE'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW, WILL APPLY.
How does Evernote notify the user?
This is another reason why it is important that your basic information is accurate, complete and up to date.
We may send notices regarding the affected Service by email (to the address associated with your account), by regular mail or through publications on the website (s).
How can the user send a communication to Evernote?
Unless a different method of communication or address is specifically stated in these Terms or any separate Agreement, all communications must be sent to Evernote by email at compliance@evernote.com.
This address may be changed in the course of a possible update to these Terms of Service.
If it is not possible to send your communication via email, you can send a notice to the following address (depending on your Service provider):
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
Federal Taxpayer Registration CNPJ / MF no 17.566.240 / 0001-50
Avenida Paulista, no 2.300
Pilotis Walking
São Luiz Gonzaga Building
CEP: 01310-300, São Paulo / SP, Brasile
Attention: Legal Notice
Are there any countries where the use of Evernote is not allowed?
You may not use or otherwise export the Service or other Evernote software except as permitted by United States law and the laws of the jurisdiction in which the Service is hosted or in which you are using it.
In particular, without limitation, the Evernote Software cannot be (i) exported or re-exported to any of the countries subject to economic sanctions by the United States or (ii) supplied or used by anyone in a state registered on the Foreign Sanctions Evaders or Specially Designated Nationals of the United States Department of the Treasury or the Denied Persons, Unverified or Entity lists of the United States Department of Commerce.
By using the Service, you represent and warrant that you do not reside in any of the countries registered in these lists and agree that you will not use the Service or allow the use of the Service by anyone in such countries.
Additionally, you are responsible for compliance with applicable export control, economic sanctions and related matters when you travel across borders and access your Content.
What laws apply to my use of Evernote?
If you are a resident of the United States or Canada, these Terms and your relationship with Evernote (including any disputes) must be governed in all respects by the laws of the State of California, USA, as they apply to agreements entered into and fulfilled entirely in California between California residents, regardless of the conflict-of-law provisions.
If you reside in Brazil, these Terms and the relationship between you and Evernote (including any disputes) must be governed in every aspect by the laws of Brazil and will be understood as being in place and accepted in Brazil, regardless of the provisions on conflict of laws.
If you reside outside of the United States, Canada and Brazil, these Terms and the relationship between you and Evernote (including any disputes) must be governed in all respects by the laws of Switzerland and will be understood to be in place. and accepted in Switzerland, regardless of the conflict-of-law provisions.
If a court of competent jurisdiction deems any provision of these Terms of Service invalid, the parties equally agree that the court will intervene to give effect to the intentions of the parties as set forth in the provision, and that the other provisions of the Terms of Service remain fully valid and in force.
What procedure should the user follow if he wants to file claims?
COMMUNICATE THE COMPLAINT TO EVERNOTE.
We would like to know about any problems you encounter, so you are encouraged to contact our customer support team if there are any issues related to the operation of the Service or any Evernote Software, as we want to ensure you have an optimal experience.
START A FORMAL COMPLAINT.
If you believe your problem has not been resolved and wish to take legal action, you agree that such complaint will be resolved through the procedures described in these Terms.
Evernote provides the Service to you provided that you agree to the dispute resolution provisions described below, so any claims against Evernote in ways other than those described will be considered a violation of these Terms, and you agree that Evernote has the right to have such a lawsuit dismissed or otherwise terminated; you also agree to reimburse Evernote for any costs reasonably incurred in defending such improperly initiated litigation.
Before taking any formal proceedings against Evernote, you agree to notify Evernote's attorneys at legalnotice@evernote.com, which will be referred to as a "Notice of Dispute".
Upon receipt of this notification and within 60 (sixty) days of its submission, you and Evernote must attempt to resolve the dispute through informal negotiation.
If the dispute is not resolved, you or Evernote may initiate formal proceedings under these Terms.
Unless the dispute is resolved as a result of arbitration (as described below), if you are a resident of the United States or Canada, you agree that any claim or dispute against Evernote should only be resolved in a state court or federal state of San Mateo County, California.
You agree to submit to the personal and exclusive jurisdiction of the courts of San Mateo County, California (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of discussing such complaints or disputes.
Unless the dispute is resolved as a result of arbitration (as described below), if you reside in Brazil, you agree that any complaint or dispute against Evernote should only be resolved in a court in São Paulo, Brazil. .
You agree to submit to the personal and exclusive jurisdiction of the courts of Sao Paulo, Brazil (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of discussing such complaints or disputes.
Unless the dispute is resolved as a result of arbitration (as described below), if you are a resident outside the United States, Canada, or Brazil, you agree that any complaint or dispute against Evernote should only be resolved at a court in Zurich, Switzerland.
You agree to submit to the personal and exclusive jurisdiction of the courts of Zurich, Switzerland (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of discussing such complaints or disputes.
ALTERNATIVE DISPUTE RESOLUTION PROCEDURE.
Unless you are subject to the Arbitration Agreement set forth below, and subject to compliance with any applicable law, in the event that a dispute arises between you and Evernote whose total value is less than $ 10,000 ($ Americans), the filing party may choose to have the dispute resolved through a binding arbitration procedure that does not require in person.
This "alternative dispute resolution procedure" must be initiated by notification sent by one of the two parties to the other; in such event you and Evernote agree to make reasonable efforts to agree within thirty (30) days to appoint a person or service to manage the alternative dispute resolution procedure (the "Arbitration Officer") in based on the following requirements: (i) neither party will be required to attend the proceedings in person, (ii) the proceedings will be conducted through written submissions, telephone calls or online communications or through other agreed methods, arbitration will be divided equally between the parties, or such decision will be remitted to the Head of Arbitration in the context of the dispute and (iv) the judgment expressed by the Head of Arbitration may be presented to any court of the competent jurisdiction for the application .
If you are a resident of the European Union (EU), please note that we offer the alternative dispute resolution procedure but we cannot offer a European dispute resolution platform as Evernote does not have an EU office.
AGREEMENT ON ARBITRATION.
If you reside in the United States or are otherwise subject to the United States Federal Arbitration Act, you and Evernote agree that any disputes or claims between you and Evernote (other than disputes relating to the application or validity of the intellectual property rights of you, Evernote, or any of our licensors) should only be resolved by final and binding arbitration rather than in court, except in a small dispute court, where applicable.
The Federal Arbitration Act governs the interpretation and application of this Arbitration Agreement.
Please note that you are not subject to this Arbitration Agreement if you were a user of the Service prior to December 4, 2012 and formally requested to terminate the Arbitration Agreement as set forth in the Terms of Service effective December 4 2012.
Our arbitration proceedings will be conducted by the American Arbitration Association ("AAA") according to its rules and procedures applicable at that time, including the AAA's supplementary procedures for consumer disputes (to the extent applicable) , as amended by our Arbitration Agreement.
You can review these rules and procedures and obtain a form to initiate the arbitration proceedings on the AAA website.
The arbitration shall be conducted at the user's locality of residence or at another location agreed upon by the parties.
If the total value of the compensation claimed is no more than $ 10,000 (US dollars), you or Evernote may request that the arbitration be conducted over the telephone or on a written submission basis only; such choice will be binding and may require in-person consultation at the arbitrator's discretion.
It is possible to attend this consultation in person by telephone, unless the arbitrator requests otherwise.
The arbitrator will consider the merits of the claims under the laws of the State of California, including recognized principles of fairness, and will honor all claims for remedies recognized by law.
The arbitrator will not be bound by previous arbitration rulings with other Evernote users but, to the fullest extent permitted by applicable law, will be bound by previous arbitration rulings with the same user.
The arbitrator's judgment will be final and binding and may be presented in any court of competent jurisdiction, subject to the limited right of appeal under the Federal Arbitration Act.
The AAA rules will govern the payment of all filing, administration and arbitration fees, unless the Arbitration Agreement provides otherwise.
If the total amount of compensation claimed does not exceed $ 10,000 (US dollars), Evernote will pay all filing, administration and arbitration fees associated with the arbitration, provided that (i) you request in writing such payment and submit such request to the AAA together with the request for arbitration and (ii) the complaint is not declared invalid by the arbitrator.
In such event, Evernote will agree to pay all necessary fees to the AAA.
If the amount of compensation claimed exceeds $ 10,000 (US dollars) and you can prove that the costs of the arbitration would be prohibitive in relation to the costs of filing a court case, Evernote will pay the portion of the filing fees. administration and arbitration deemed necessary by the arbitrator so that such expenses are no longer prohibitive.
In the event that the arbitrator deems the arbitration claims to be worthless, you agree to reimburse Evernote for all expenses associated with the arbitration and incurred by Evernote on behalf of you, who would have been held anyway. to pay these costs according to the provisions of the AAA.
YOU AND EVERNOTE AGREE THAT, AS PROVIDED BY THE ARBITRATION AGREEMENT, YOU MAY MAKE CLAIMS AGAINST THE OTHER PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS PER A CLASS OR REPRESENTATIVE PROCEDURE OR ACTION.
THIS IS DEFINED "PROHIBITION OF CLASS OR REPRESENTATIVE ACTION".
UNLESS THE PARTIES AGREED DIFFERENTLY, THE ARBITRATOR MAY NOT COMBINE THE DISPUTE OF ONE OF THE PARTIES WITH THOSE OF OTHER PERSONS OR PARTIES AND MAY NOT OTHERWISE PRESENT ANY FORM OF CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEDURE.
THE REFEREE MAY ONLY GIVE AN INDEMNITY (BOTH MONETARY, INJUNCTIVE OR DECLARATIVE) IN FAVOR OF THE SINGLE PARTY THAT REQUESTS IT AND ONLY TO THE NECESSARY EXTENT PROVIDED FOR BY THE DISPUTE OF THE INDIVIDUAL.
ANY COMPENSATION MAY NOT EXTEND TO OTHER EVERNOTE USERS.
Subject to compliance with the prohibition of class or representative actions, if a court decides that one portion of this Arbitration Agreement is invalid or enforceable, the other portions of the Arbitration Agreement will continue to apply.
If a court rules that the prohibition of class or representative actions is invalid or enforceable, the entire Arbitration Agreement will be deemed null and void.
The remaining parts of these Terms and this Section ("What steps should I take if I want to make a claim?")
they will continue to be valid.
CLAIMS ARE PRESCRIBABLE.
You agree that, regardless of any statutory provisions to the contrary or the applicable dispute resolution procedure, any claims or grounds for action arising from or related to your use of the Service or otherwise relevant must be submitted. within one (1) year of their onset; otherwise, you hereby agree to forever waive the filing of such claim.
The provisions of this section, "Claims are Prescribable," represent a separate, binding, written agreement between you and Evernote.
SPECIAL NOTICE TO CALIFORNIA RESIDENT USERS.
In accordance with Section 1789.3 of the California Civil Code, users of the Service who are California residents are entitled to know that they may contact the Complaints Support Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing. 'address 1625 North Market Blvd.,
Suite N 112, Sacramento, CA 95834, USA or by phone at (916) 445-1254 or (800) 952-5210.
The user can contact Evernote by email at legalnotice@evernote.com or at:
Evernote Corporation
305 Walnut Street
Redwood City, California 94063 USA
Attention: Legal Notice
Other.
A couple of last important points.
First, these Terms represent the entire agreement between you and Evernote and govern your use of the Service, except and only to the extent you have entered into a separate Agreement.
These Terms take precedence over any prior agreements or previous versions of these Terms and are entered into between you and Evernote for use of the Service on the Effective Date listed above.
If you use or obtain from a third party any product or service as a result of accessing or using the Service, you may also be subject to that third party's applicable terms and conditions and these Terms will not affect in any way. on the legal relationship with it.
You therefore acknowledge and agree that each Evernote affiliate is considered a third party beneficiary of these Terms and that such other companies will be entitled to rely on and directly enforce any provision of these Terms that gives them an advantage or right.
Under these Terms, no other person or company can be considered a third party beneficiary except as provided herein.
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
In the event of a conflict, the English language version has priority.