Effective Date: August 28, 2017 -
What's new "
Welcome to Evernote!
We welcome you to browse our websites and use Evernote, but please note that by using this invitation you are accepting the Terms of Service listed below.
This document details your rights and our rights to provide the Service (as defined below), so please read them carefully.
What are the Terms of Service?
The terms of service are an agreement between Evernote and you.
The Terms include the provisions set out in this document and in the Evernote Privacy Policy, Business Terms, the Evernote Business Agreement, User Guidelines, Intellectual Property Compliance Program, and other terms that may be presented by us and accepted by you from time to time in in connection with specific service offerings (all of which we refer to collectively as "Terms of Service" or "Terms").
If you do not agree to these Terms, you do not have the right to access or use our Service.
If you register or otherwise use our Service, you will be deemed to be accepting the Terms and agreeing to be a party to this binding agreement.
By using the Service, you acknowledge, agree to, and agree to all of the provisions of the Privacy Policy, including, without limitation, the use and processing of text, images, and other data (collectively, "Content") and personal information stored on, transmitted or stored on Evernote. with this Privacy Policy.
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, for example, our Application Center, User Forum, and Help and Knowledge pages, are collectively referred to in these Terms as the "Service ".
In return for being able to use the Service, you agree to be bound by these Terms.
If it's a deal, who are the parties?
You, the Account Holder, are one of the parties to this agreement. (
An Account Holder is an individual or entity that has contracted with Evernote as an individual user of a Basic, Plus, Premium Account, or as a customer as set out in the Evernote Business Agreement.)
If you live in the United States or Canada, the other party to this agreement is Evernote Corporation, a California based company.
If you live in Brazil, the contracting party is Evernote do Brasil Serviços de Aplicações Ltda.,
based in São Paulo, Sao Paolo State, Brazil ("Evernote Brazil").
If you live outside the United States, Canada or Brazil, the other party to this agreement is Evernote GmbH, a company based in Zurich, Switzerland. (
Evernote Corporation, Evernote GmbH, and Evernote Brazil, as the case may be, may be referred to in these Terms of Service as "Evernote", "we", and sometimes "us").
In some cases, you can purchase products or service subscriptions from an authorized reseller.
Please see the Terms of Business for additional terms and conditions for such purchases.
Is this the only deal I have with Evernote?
This depends on the type of interaction you have with the Evernote Service and our apps.
If you install any Evernote software on your computer devices, you may be asked to agree to the end user license agreement.
If you are paying for an Evernote subscription, you will be asked to agree to the Terms and Conditions.
If you are using related Evernote products or services (such as Evernote Business) or are contributing to the User Forum, you may need to enter into a separate agreement with us (usually by clicking "accept" or "agree").
We call each of them a "Separate Agreement".
If so, the Separate Agreement will prevail if there is a conflict between the terms of the Separate Agreement and the Terms of Service, to the extent of such conflict and with respect to the specific subject matter of this Separate Agreement.
Can the Terms of Service change?
These Terms may change as new features, technology or legal requirements become available, so please check back from time to time.
If we make material changes, we will notify you as necessary in order to obtain your consent to the changes.
If we update these Terms, you will be able to decide whether to accept the updated terms or to stop using the Service (see the "Account Closure" section below); Your continued use of the Service after the update becomes effective will be deemed to be your agreement to and be bound by the new Terms.
Except for changes made by us as described herein, no other changes or amendments to these Terms will be binding unless set out in a written agreement expressly modifying these Terms and signed by you and us in writing.
For clarity, an e-mail or other communication will not constitute an effective written contract in this sense.
What do i need to do to use Evernote?
First, you'll need to sign up for an Evernote Service account.
You can create an account by providing us with your e-mail address and creating a password. (
Some older accounts also required a username.)
We refer to these as "Basic Subscriber Information."
We encourage you to use a separate and non-obvious password that differs from passwords used elsewhere.
You are responsible for maintaining the accuracy, completeness and confidentiality of your Basic Subscriber Data, and you will be responsible for all activities that occur under your Account, including the activities of others to whom you have provided your Basic Subscriber Data.
We will not be liable for any loss or damage arising from your failure to provide us with accurate information or the secure storage of your Basic Subscriber Data.
If you discover any unauthorized use of your Basic Subscriber Data or suspect that someone may be accessing your private Content without authorization, please change your password immediately and notify our customer support team.
Second, you need to access your account through a web browser or by installing client software on computers, tablets, or phones.
It is the responsibility of the user to obtain these devices and pay for their connections and data plans.
Evernote is also not responsible for the availability of the internet and other telecommunications services necessary to access the Service.
Can I share my account with someone?
Evernote service accounts should not be shared.
If you share your Basic Subscriber Data with anyone, that other person may be able to take control of your account and we may not be able to determine who the actual owner of the account is.
In these circumstances, we will not be liable in any way to you (or anyone with whom you share your Basic Subscriber Data) as a result of your or their actions.
Because you can use a free Evernote Service account and we have many mechanisms for you to share Content with others, we strongly urge you not to share your information with anyone, unless you do so as part of asset management, as discussed below.
Once I have an account, what are my rights to the Evernote Service?
After creating an account and accepting these Terms, we grant you a limited, non-exclusive license to use the Service in accordance with these Terms until you are prevented from using the Service in accordance with applicable law, voluntarily closing your account, or until we close your account as required these Terms.
In addition, we grant you a personal, worldwide, royalty-free, nontransferable and non-exclusive license to use the Evernote Software provided to you by or on behalf of Evernote for the sole purpose of enabling you to use the Evernote Software and benefit from the Service, subject to any applicable license terms provided to you. along with the Evernote Software and these Terms, until any rights under such license or these Terms are terminated.
The User does not obtain any other rights or interest in Evernote or in the Service.
Evernote's data protection laws say my data is mine - what does that mean?
You retain copyright and any other rights you already had in your Content before you upload, post, or display it on or through the Service.
However, you must grant Evernote a limited license, as described below, in order for us to allow you to access and use your data on the Service.
In addition to this limited license and any other rights you grant in these Terms, Evernote acknowledges and agrees that it does not obtain any right, title or interest from you under these Terms with respect to any of your content.
What are the terms of the license I have to grant to Evernote?
In order to enable Evernote to operate the Service, we must obtain certain limited license permissions from you to process your Intellectual Property Content so that technical actions taken by us in operating the Service are not considered legal violations.
For example, copyright law may prevent us from processing, maintaining, storing, backing up and distributing certain Content, unless you give us the right to do so.
Accordingly, by using the Service and submitting Content, you grant Evernote a license to display, perform, distribute, and modify the Content (for technical purposes, e.g.
making sure Content is visible on smartphones as well as computers and other devices) and playing such Content to enable Evernote to operate the Service.
You also agree that Evernote has the right to stop accepting, sharing, storing, displaying, posting or transmitting any Content in its sole discretion.
You agree that these rights and licenses are royalty-free, transferable, internationally licensed and irrevocable (as long as your Content is stored with us) and include the right to make Evernote share your Content and transfer these rights to other parties with whom Evernote has a contractual relationship to provide the Service for the sole purpose of providing such services, and you otherwise permit access or disclosure of Content to third parties where Evernote determines that such access is necessary in order to comply with its legal obligations.
If you choose to use any third party service or application integrated with Evernote, you also agree that the licenses granted to Evernote in the preceding paragraph will apply to Content that is saved or transmitted through such third party service or application.
If your chosen third party service or application accesses or extracts the Content, you grant Evernote the right and license to allow third parties to access and extract the Content.
Evernote accepts no liability for the acts or omissions of such third party applications or service providers.
As we rely on your rights to submit and distribute Content, you represent and warrant to Evernote that (1) you have unlimited rights and authority to submit Content to Evernote, for any other use, publication or other distribution of Content in the course of using the Service and granting rights granted Evernote under these Terms; and (2) Your Content complies with our User Guidelines and these Terms.
In addition, you understand and agree that Evernote, by following the required technical steps to provide the Service to our users, may make such changes to the Content as are necessary to adapt the Content to the technical requirements of the network, devices, services or media.
What other assurances do I have to give Evernote?
When you use the Evernote Service to send a message to an email address, phone number via SMS, or through a social media account (e.g.
Facebook or LinkedIn) that has not been linked to your Evernote account, Evernote sends such messages on your behalf, and we rely on your statement that you have a direct relationship with the recipient (s) and that you respect the recipient (s) rights not to receive certain types of messages (such as harassment, unsolicited commercial messages, and unsolicited SMS).
Whenever you send any message to a third party, you represent and warrant to Evernote that you are complying with the law and that you have the recipient's prior consent to the sending of such message.
Is there a policy on what I can do on the Evernote service?
So.
Use of the Service must be in accordance with these Terms.
With regard to your use of the Service, you agree that you are responsible for your behavior and all behavior on your account.
This means that you are solely responsible for all Content created, transmitted, stored or displayed in your account as the person who created that Content or entered it into the Service.
This applies regardless of whether the Content is privately stored, shared, or transmitted using the Service or any third party application or services integrated with Evernote.
Our user guidelines provide more detailed information on unlawful behavior on the Service.
If we find that any Content shared in your account violates our Terms of Service (including by infringing someone else's intellectual property or privacy rights), we reserve the right to stop sharing or removing that Content.
Guess Evernote has certain rights in relation to the Service?
Yes we do.
We have described them here:
CONTENT RIGHTS.
As the owner of the content submitted to the Evernote Service (subject to the rights of third parties), you acknowledge and agree that Evernote (and its licensors) owns all rights, title and interest in the Service, including without limitation all software that is part of the Service and used by you or a third party to save Content from outside the Service, such as Evernote Scannable, Evernote Web Clipper, Site Memory Widget, or any Evernote software for compatible computer devices that allow access and use of the Service through such device ( "Evernote Software").
INTELLECTUAL PROPERTY RIGHTS.
By agreeing to these Terms, you also agree that the rights to the Service and the Evernote Software, including all intellectual property rights such as trademarks, patents, designs and copyrights, are protected by one or more copyrights, trademarks, patents , trade secrets, and other laws, regulations, and treaties, in addition to these Terms and any Separate Agreement.
You specifically agree not to modify, create derivative works from, decompile, or otherwise attempt to extract the source code from any Evernote Software, unless expressly permitted under an open source license, or you have our written consent, or otherwise permitted law despite this prohibition.
RIGHT TO MODIFY THE SERVICE.
We retain the right, at our sole discretion, to implement new features on or ancillary to the Service, including changes that may affect the previous operation of the Service or Evernote Software.
We expect any such modification to improve the Service, but it is possible that your opinion may be different.
We also reserve the right to impose limitations on the nature or size of available storage space, number of transmissions, ability to send or receive email, nature or size of any indexes or information libraries, nature or your continued ability to access or distribute Content, and other data and other restrictions at any time, with or without notice.
For example, if you use Evernote Basic, you will not enjoy all the benefits offered to Evernote Plus, Evernote Premium, or Evernote Business subscribers.
You also acknowledge that various actions of Evernote may make it difficult or impossible for you to access Content, or use the Service at certain times, or in the same manner, for a limited period or permanently, and agree that Evernote has no responsibility for the outcome of such works, including, but not limited to, the removal or inability to make the Content available.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuation of any part of the Service.
However, if you are a subscriber to Evernote Plus, Evernote Premium, Evernote Business, or another paid version of the Service (each "Paid Service") and you find that any such modifications or interruptions to the Paid Service are adversely affecting you, you may notify our customer service team by describing adversely affected by the modification and, if you wish, request that the Paid Service be terminated.
Upon receipt of such request, we will make every effort to promptly remove any adverse effects of the modification, extend the subscription period of the Paid Service for a period equal to the interruption, or refund a portion of the subscription fee for the Paid Service equal to the remaining unused subscription period, in accordance with our arrangements or in accordance with applicable law.
RIGHT TO ENGAGE THIRD PARTIES.
Evernote engages certain affiliates or other third parties ("Service Providers") to provide technical or other services related to all or part of the Service, and you hereby agree that such involvement of these Service Providers is acceptable.
In addition, Evernote may contract with third party Evernote Plus, Premium, or Business Service vendors and payment processors to allow payment in local currency and payment systems.
Please see our Privacy Policy for the extent to which any affiliate or third party may have access to your account information, or Content and our Commercial Terms for our relationship with each merchant or payment processor.
RIGHT TO USE THIRD PARTY SOFTWARE.
Evernote may from time to time incorporate into the Evernote Services and software computer software provided by third parties that are used with the permission of their respective licensors or copyright owners under the terms provided by those parties.
We provide information on some third party software here and in specific Evernote software.
Evernote expressly disclaims any warranties or other representations of third party software.
RIGHT TO UPDATE OUR SOFTWARE.
In connection with any modification to the Service, Evernote may automatically download software updates on computers and devices from time to time to improve, improve, repair, or further develop the Service.
Evernote will use its best efforts to optionally install updates; however, under certain circumstances (e.g.
security risks) Evernote may require you to install an update in order to maintain access to the Service.
In any event, you authorize Evernote to provide (and receive) these updates to you as part of your use of the Service.
Do these terms apply to Evernote Business users?
If you are using the Service under an Evernote Business account, your use of the Service is governed by these Terms, except to the extent that a Separate Agreement governing the Evernote Business account rules contains a conflicting term.
A Customer who has contracted with Evernote and an Evernote Business Account Administrator (as "Customer" and "Administrator" are defined in the applicable Evernote Business Agreement) is responsible and agrees to make the terms of the Separate Agreement available to anyone whose user account is associated with that account. Evernote Business ("End User").
If you are an End User of an Evernote Business account, please note that an Evernote Business account customer (for example, an employer or organization) may have set up their own policies regarding access, use, disclosure or storage of End User data stored in that account.
For more information on how your private Evernote account works with your Evernote Business account, please see our Privacy Policy and this Help & Knowledge article.
How does Evernote respond to infringements of copyright or other intellectual property rights?
We respond to clear and complete notices of alleged copyright, trademark, or other intellectual property infringement that comply with these Terms (which we believe are consistent with the United States Digital Millennium Copyright Act and other applicable laws).
If you believe that your intellectual property rights have been infringed, please notify our Intellectual Property Team.
by following the instructions provided in the IP Compliance Program and we will investigate.
Note that each intellectual property owner is responsible for protecting their rights and taking any legal or other action they deem appropriate, and Evernote does not undertake any obligation to take any specific action to enforce or protect any party's intellectual property rights in their name.
Can kids use Evernote?
Evernote is not directed at minors, and any use by minors should be made only under the supervision and consent of parents, guardians, or authorized education staff.
In addition, we rely on parents and guardians to ensure that minors use the Service only if they can understand their rights and obligations set out in these Terms and our Privacy Policy.
Under applicable law, Evernote does not knowingly collect personal information from minors without parental consent.
If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting the collection of information from children without such consent, we will delete it immediately.
Where is my data transferred?
The service is available worldwide, but your data is stored in the United States as described in our Privacy Policy.
By using the Service, you acknowledge that you may transmit electronic messages (including Subscriber Basic Data and Content) through computer networks owned by Evernote, its service providers and other third parties based in California, other locations in the United States and other countries.
Accordingly, your use of the Service is likely to lead to interstate and possibly international data transmissions, and by using the Service, you consent to such transmissions.
Account closure
You can deactivate your account with our Service at any time for any reason (or no reason).
However, if you want to deactivate your account, you have to follow certain steps as described in the Help & Knowledge article "How do I deactivate my account?".
If you subscribe to a paid service, you must cancel your subscription in accordance with the Terms of Business.
Evernote may temporarily restrict your use of the Service, suspend your access to your account, or terminate your account with or without notice in accordance with these Terms.
Reasons for suspending or terminating an Evernote account may include, but are not limited to: (i) breach of these Terms (including the User Guidelines) or of any Separate Agreement, (ii) a longer period of inactivity (determined in Evernote's sole discretion), (iii) failure to pay by the User any fees or other amounts payable to Evernote or any other party related to your use of the Service, (iv) discontinuation or material modification of the Service (or any part of it), or (v) unexpected technical or security issues, or broadly Unsupported Use.
In most cases, if we decide to close your account, we will notify you at least 30 days in advance to the email address you have provided us, so that you have the opportunity to retrieve any Content stored on the Service's servers (unless we determine that we are legally obliged not to provide such notification or enable you to recover your data).
After this notice period has expired, you will no longer be able to download Content contained in this account or otherwise use the Service through that account.
What happens to my account when i die?
Evernote's commitment to protect the privacy of your Content will continue even after your death or in the event of legal incapacity.
If you want someone to access your Content or other account data after you are no longer able to personally provide them with access, you must implement a process to provide them with information.
We will not share your information or your Content with anyone, not even close relatives, unless we determine that we are legally required to do so.
We encourage you to include your Basic Subscriber Details, instructions on how to access content in a will, or other estate plans so anyone who should have access to your account could get it.
Please see our Terms of Business for information on how to end payment for Paid Services upon death or in the event of incapacity.
If I have a great idea that I'd like to share with Evernote, what are my rights?
If you submit any ideas, suggestions, documents or proposals relating to the Service (or other products or services) to Evernote through the "Contact Us" interface, User Forum or Customer Service, or through any other channel or mechanism ( collectively "Contribution"), you acknowledge and agree that: (i) your Contribution does not contain confidential or proprietary information; (ii) Evernote is under no obligation of confidentiality, express or implied, with respect to the Contribution; (iii) Evernote has the right to use or disclose (or not use or disclose) such Contribution for any purpose and in any way; (iv) Evernote may already be considering or developing something similar to your Contribution; (v) Your Contribution automatically becomes Evernote's property without Evernote's obligations to you; and (vi) in no event are you entitled to any accounting, compensation or refund from Evernote.
Does Evernote show ads?
Our business model is to make the Service so valuable that our users will want to subscribe to a Paid Service.
However, we may display advertisements and promotional offers related to the Service or on the Service, some of which may be paid for by third parties.
More information can be found on the Privacy Policy and Cookie Information page.
Some of the advertisements or other content we send you will be based on information provided by third parties and we will not be liable for any loss or damage suffered by you as a result of any advertisements or other messages.
In addition, your interactions with advertisers found on or through the Service, including, but not limited to, ad trust, all commercial transactions and related legal obligations, are solely between you and those advertisers.
What else should I know?
THIRD PARTY LINKS, CONTENT, AND PROGRAM.
We may include or recommend third party resources, materials and software vendors, 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 software vendors, and therefore you acknowledge and agree that (i) we are not responsible for the availability of such third party sites, content or applications; (ii) we are not responsible for the content or other material or results obtained from these sites or applications; and (iii) we will not be liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with use of, or reliance on, such content, materials or applications.
SECURITY.
You agree to indemnify Evernote, its subsidiaries, affiliates, agents, employees, advertisers, Service Providers and other partners from and against all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and professional) arising from with or in any way from claims by third parties relating to your use of any Service, breach of these Terms of Service, or any other activity related to your use of the Service (including any activity taken on your account).
In the event of such claims, we will use our best efforts to notify you of the claim, lawsuit or action using the contact details in your account, provided that failure to provide such notice will not eliminate or reduce the indemnification obligation.
LIMITATION OF LIABILITY AND EXCLUSION OF WARRANTIES.
To the maximum extent permitted by law, the Service is provided "as is".
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE, AND PURCHASING AND USE OF ANY SERVICES, ARE YOUR SOLE RESPONSIBILITY.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERNOTE EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OR IMPLIED WARRANTIES.
EVERNOTE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THE USE OF THE SERVICES ARE PERFORMED BY YOUR OWN DISCRETION AND YOUR RESPONSIBILITY, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE, OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF SUCH MATERIALS.
NO ADVICE OR INFORMATION, ORAL, WRITTEN, OBTAINED BY YOU FROM EVERNOTE OR THROUGH THIS SERVICE, SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY EXPRESSED IN THIS SERVICE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVERNOTE, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS AND LICENSORS, AND OUR AND THEIR EMPLOYEES, AGENTS AND AFFILIATES WILL NOT BE APPLICABLE, APPLICABLE, APPROPRIATE, IF APPROPRIATE, IF APPROPRIATE, IF APPROPRIATE, IF REQUIRED. INCLUDING, BUT NOT LIMITED TO, DAMAGES TO LOSS OF PROFITS, GOODWILL, USE, DATA, COVERAGE, OR OTHER NON-TANGIBLE LOSS (EVEN IF INFORMED OF THE POSSIBILITY OF ANY CIRCUMSTANCES, OR LOSS OF SUCH DAMAGES. , OR EVERNOTE POINTS; (II) COST OF PURCHASING SUBSTITUTE SERVICES ARISING FROM DATA, INFORMATION OR SERVICES PURCHASED, OR OBTAINED OR RECEIVED MESSAGES, OR TRANSACTIONS CONCLUDED THROUGH OR IN A SERVICE; (III) UNAUTHORIZED ACCESS OR LOSS, DAMAGE OR CHANGE OF YOUR TRANSMISSION, CONTENT OR DATA; (IV) REPRESENTATIONS OR CONDUCT BY ANY THIRD PARTY REGARDING THE USE OF THE SERVICE, OR THE PROVISION OF ANY SERVICES RELATING TO THE OPERATION OF THE SERVICE; (V) ACTIONS OR NOT ACTIONS BY EVERNOTE BASED ON YOUR BASIC SUBSCRIBER DATA AND ANY CHANGES OR NOTIFICATIONS RECEIVED; (VI) NON-PROTECTION OF PASSWORD CONFIDENTIALITY OR ACCOUNT ACCESS RIGHTS; (VII) ACTIONS OR NON-ACTION BY ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (VIII) ANY ADVERTISING CONTENT OR PURCHASES OR USE OF ANY ADVERTISED OR OTHER THIRD PARTY PRODUCTS OR SERVICES; (IX) CLOSE YOUR ACCOUNT PURSUANT TO THESE TERMS OF SERVICE; OR (X) ANY OTHER MATTERS RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS.
NOTHING IN THESE TERMS OF SERVICE (INCLUDING LIABILITY LIABILITY) WILL EXCLUDE OR LIMIT ANY CLAUSE, WARRANTY, LAW OR LIABILITY, OR IMPLIED LIABILITY.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CLAUSES OR LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS, OR DAMAGES CAUSED BY INTENTIONAL ACTION, FAILURE, VIOLATION, OR INFRINGEMENT.
THEREFORE, ONLY THIS LIABILITY AND OTHER RESTRICTIONS WHICH ARE LAWFULLY IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU, AND OUR MAY RESPONSIBILITY APPLY TO YOU.
If Evernote needs to send me a notification about something, how will it happen?
This is another reason why it is important to ensure that your Subscriber Basic Information is accurate, complete, and up-to-date.
We may provide you with notifications by email (to the email address associated with your account), by post or by posting on websites related to the affected Service.
How can I send a notification to Evernote?
Except where these Terms or any Separate Agreement expressly provide for the use of a different means or address for notification, all notices to Evernote must be delivered by email to compliance@evernote.com.
This email address may change as part of any update to these Terms of Service.
If you are unable to deliver a notification by email, you can send us a notification to the following address (depending on the 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
Attention: Legal Notice
Are there countries where I can't use Evernote?
You may not use or otherwise export the Service or any Evernote Software, except as permitted under the laws of the United States ("US") and the laws of the jurisdiction in which the Service is hosted or where You use the Service.
In particular, but without limitation, the Evernote Software may not be (i) exported or re-exported to countries subject to U.S. economic sanctions, or (ii) made available to or used by entities on the U.S. Treasury Department's Foreign Sanctions Avoidance List or Specially Designated Citizens, or Unverified Persons, or Units rejected by the US Department of Commerce.
By using the Service, you represent and warrant that you are not located in any of these countries or on any of these lists, and that you will not use the Service, or provide access to, or allow use of, the Service by anyone in any of these countries.
In addition, you are responsible for complying with applicable export controls, economic sanctions, and related laws when traveling across international borders and accessing Content.
What law applies to my use of Evernote?
If you are a resident of the United States or Canada, these Terms and the relationship between you and Evernote (including any dispute) will be governed in all respects by the laws of the State of California, United States of America, to the extent that they apply to contracts concluded and implemented in full in California among California residents, notwithstanding any conflict of laws.
If you live in Brazil, these Terms and the relationship between you and Evernote (including any dispute) will be governed in all respects by the laws of Brazil and will be deemed to have been made and accepted in Brazil, notwithstanding any conflict of laws.
If you live outside of the United States, Canada and Brazil, these Terms and the relationship between you and Evernote (including any dispute) will be governed in all respects by Swiss law and will be deemed adopted and accepted in Switzerland, notwithstanding any conflict of laws.
If any provision in these Terms of Service is held invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should use reasonable efforts to give effect to the parties' intentions, as reflected therein, and other provisions in the Terms of Service shall remain in full force and effect.
What should I do if I have a claim against Evernote?
INFORM US ABOUT YOUR CLAIM.
If you have any concerns about how the Service or any Evernote software works, we encourage you to contact our Customer Support team as we want to know if you have a problem and to ensure you are as happy as possible using the Service.
BEGINNING OF THE OFFICIAL CLAIM PROCEDURE.
If you conclude that we have not addressed your concerns and that you must take legal action, you agree that your claim must be resolved through the processes set out in these Terms.
Evernote provides the Service on condition that you accept the dispute resolution provisions described below, so if you make any claim against Evernote in any other way, you will breach these Terms and agree that Evernote has the right to dismiss such claim or otherwise terminate the procedure and agree reimburse Evernote for reasonable costs incurred in defending such improperly commenced legal proceedings.
You agree that, prior to instituting any formal action against Evernote, you will send a notice to our attorneys at legalnotice@evernote.com and certify that you are providing a "Notice of Dispute".
Upon receipt of a Notice of Dispute, we will attempt to resolve the dispute by informal negotiation within sixty (60) days from the date the Notice of Dispute is sent.
If a dispute remains unresolved, you may initiate formal proceedings under these Terms.
Except where our arbitration proceeds (as described below), if you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Evernote must be settled only by a state court federation located in San Mateo County, California.
You agree to submit to the exclusive personal jurisdiction of the courts located in San Mateo County, California (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) to resolve all such claims or disputes.
Except where ours is arbitrated (as described below), if you are a resident of Brazil, you agree that any claim or dispute you may have against Evernote must be settled only in the courts located at São Paolo-SP , in Brazil.
You agree to submit to the exclusive personal jurisdiction of the courts located in São Paolo-SP, Brazil (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) to resolve all such claims or disputes.
Except where ours is arbitrated (as described below), if you are not a resident of the United States, Canada or Brazil, you agree that any claim or dispute you may have against Evernote must be settled only in courts located in Zurich, Switzerland.
You agree to submit to the exclusive personal jurisdiction of the courts located in Zurich, Switzerland (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for all such claims or disputes.
ALTERNATIVE DISPUTE RESOLUTION PROCESS.
Unless you are covered by the Arbitration Agreement set out below and subject to all applicable law, if a claim arises between you and Evernote where the total value of such claim is less than $ 10,000, the party initiating the claim may elect to have the dispute resolved in accordance with a binding process. arbitration that does not require appearance in person.
This "Alternative Dispute Resolution Process" will be initiated by each party sending notice to the other party, in which case you and Evernote agree to make reasonable efforts to make a decision within thirty (30) days with respect to the Alternative Method Process Management person or service. dispute resolution (the "Arbitration Manager") in accordance with the following requirements: (i) neither party will be required to participate in any proceedings in person; manner, (iii) the arbitrator's fees will be equally borne by the parties or will be forwarded to the Arbitration Manager for determination as part of the dispute; and (iv) the arbitrator's award may be brought before any court of competent jurisdiction for enforcement.
If you are a resident of the European Union (EU), please note that we offer this Alternative Dispute Resolution process but cannot offer you the European Commission Dispute Resolution Platform as we do not have an EU unit.
ARBITRATION AGREEMENT.
If you live in the United States or are otherwise subject to the United States Federal Arbitration Act, you and Evernote agree that any dispute or claim that arises or may arise between us - except for disputes regarding the enforcement or validity of your, our or our licensors' law. Intellectual Property - Will only be settled by final and binding arbitration, not in court, except in an adversarial court
Small Claims, if your claims qualify.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. (
Remember that if you were a user of the Service before December 4, 2012
and you formally chose to opt out of the Arbitration Agreement in accordance with the procedures set out in our Terms of Service, which were in effect from December 4, 2012,
you are not subject to this Arbitration Agreement).
Our arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its then-current rules and procedures, including the Additional AAA Procedures for Consumer Disputes (to the extent applicable), as amended by our Arbitration Agreement.
You can review these policies and procedures and obtain an arbitration form on the AAA website.
Arbitration will be conducted in the county where you live or another mutually agreed location.
If the value of the expected redress is $ 10,000 or less, either party may elect to arbitrate by telephone or by written submission only, and this decision will be binding upon us except where the arbitrator requests a personal hearing.
Both we and you may attend the hearing by telephone, unless the arbitrator requires otherwise.
The arbitrator will determine the content of all claims under California law, including recognized principles of equity, and will honor all privilege claims recognized by law.
The arbitrator is not bound by awards in previous arbitrations involving different Evernote users, but is bound by awards in previous arbitrations involving the same user to the extent required by applicable law.
The award of the arbitrator is final and binding, and the award of the arbitrator may be entered in any court having jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
The AAA Rules will govern all registration, administration, and arbitration fees, unless expressly provided otherwise in our Arbitration Agreement.
If the amount of any claim in the arbitration is $ 10,000 or less, Evernote will pay all registration, administration, and arbitration fees associated with the arbitration provided that (i) you submit a written request for such fee and submit it to the AAA requesting arbitration and (ii) your claim is not determined by the arbitrator as pointless.
In such event, we will take steps to pay all necessary fees directly to AAA.
If the amount of the claim exceeds $ 10,000 and you can show that the costs of the arbitration will be excessive compared to the costs of the litigation, Evernote will pay as many registration, administration, and arbitration fees as the arbitrator deems to limit the cost of the litigation.
If the arbitrator determines that the claims you pursue in the arbitration are pointless, you agree to reimburse Evernote for all arbitration fees paid by Evernote on your behalf that you would otherwise be required to pay under the AAA rules.
YOU AND EVERNOTE AGREE, UNDER THE ARBITRATION AGREEMENT, EACH PARTY MAY LODGE CLAIMS AGAINST THE OTHER ONLY INDIVIDUALLY AND NOT FOR ANY ALLEGED SUCH, ACTION, OR RESPECT.
WE CALL THIS "PROHIBITION OF CLAIMS AND GROUP ACTIONS" UNLESS BOTH PARTIES AGREE DIFFERENTLY, THE ARBITOR MAY NOT CONSOLIDATE OR ATTACH A CLAIM TO A CLAIM OF ANOTHER PERSON OR PARTY, OR MAKE ANY FORMAT.
THE ARBITRATOR MAY GRANT A RELIEF (INCLUDING A MONETARY, ORDER AND DECLARATIVE RELIEF) FOR THE BENEFIT OF A SINGLE PARTY APPLYING FOR THE RELIEF AND ONLY TO THE EXTENT NECESSARY FOR INDIVIDUAL ASSURANCE.
ANY RELIEF GRANTED SHALL NOT AFFECT OTHER EVERNOTE USERS.
Except for the Prohibition of Claims and Class Actions, if a court finds any part of this Arbitration Agreement invalid or unenforceable, the remaining parts of this Arbitration Agreement will continue to apply.
If the court decides that the Prohibition of Class Actions and Actions is invalid or unenforceable, then the entire Arbitration Agreement is invalid.
The remainder of these Terms and this Section (What Should I Do If I Have A Claim Against Evernote?)
will continue to apply.
Claims are temporary.
You agree that notwithstanding any statute or law to the contrary, or applicable to the dispute resolution process, any claim that may arise or be related to your use of the Service or otherwise arising under these terms must be filed within One (1) year after such claim arises, otherwise you agree to waive such claim entirely.
The provisions of this section, entitled "Claims Are Temporary", will be considered as a separate written legally binding agreement between you and us.
SPECIAL NOTICE FOR CALIFORNIA USERS.
According to paragraph 1789.
3 of the California Civil Code, California service users are entitled to the following specific consumer rights notice:
Complaints Handling at the Consumer Services department of the California Department of Consumer Affairs can be contacted in writing at 1625 North Market Blvd.,
Suite N 112, Sacramento, CA 95834 or by calling (916) 445-1254 or (800) 952-5210.
You can contact us by email at legalnotice@evernote.com or at:
Evernote Corporation
305 Walnut Street
Redwood City, California 94063 USA
Attention: Legal Notice
Something else?
Some final but important points.
First, these Terms constitute the entire agreement between you and Evernote and govern your use of the Service, with the exception of entering into a Separate Agreement.
These Terms supersede any prior agreements or previous versions of these Terms between you and Evernote regarding the use of the Service from the Effective Date indicated at the beginning of these Terms.
If, by accessing or using the Service, you are using or obtaining a product or service from a third party, you may additionally be subject to that third party's terms and conditions, and these Terms do not affect your legal relationship with that third party.
Further, you acknowledge and agree that each affiliate of Evernote will be a third party beneficiary of these Terms and that these third party companies will be entitled to directly enforce and rely on any provision of these Terms that confer an advantage on them (or grant rights to them). advantage).
Additionally, no other person or company will be a separate beneficiary of these Terms.
The section headings in these Terms of Service are for information only and have no legal or contractual effect.
In the event of a conflict, the English version shall prevail.