service: name: Evernote
sector: Work
date: 21.07.2021
document: text: Legal Information
Privacy Center
Terms of Service
User Guidelines
Commercial Terms
Evernote Teams
Agreement
Glossary
IP Compliance
Program
Trademark Use
Information for
Authorities
Open Source
Licenses
Legal Document
Updates
Effective Date: July 21, 2021 - What’s new »
Welcome to Evernote! We invite you to access our
websites and use the Evernote Service, but please
note that your invitation is subject to your agreement
with these Terms of Service. This document describes
in detail your rights and our rights relating to the
provision of the Evernote Service, so please review
these Terms carefully. Capitalized terms that are not
defined in this document are defined in our Glossary. 
What Are the Terms of
Service?
The Terms of Service constitutes a contract between
Evernote and you. The Terms include the provisions
set forth in this document and in the Evernote Privacy
Policy, Commercial Terms, User Guidelines, IP
Compliance Program, and if applicable the Evernote
Business Agreement or Evernote Teams
Agreement, and other terms or conditions that may
be presented by us and accepted by you from time to
time in connection with specific Evernote Service
offerings (all of which we collectively refer to as the
“Terms of Service” or “Terms”). If you do not agree to
these Terms, you do not have the right to access or
use the Evernote Service. If you do register for or
Terms of Service


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otherwise use the Evernote Service you shall be
deemed to confirm your acceptance of the Terms and
your agreement to be a party to this binding
contract. 
By using the Evernote Service, you acknowledge,
accept and agree with all provisions of the Privacy
Policy, including, without limitation, the use and
treatment of the Content in your account and your
personal information in accordance with such Privacy
Policy.
What Is the Evernote
Service?
The Evernote Software and other products, services
and websites hosted or made available by Evernote,
including our downloadable applications, App Center,
User Forum, and Help & Learning are collectively
referred to in these Terms as the “Evernote Service.”
In exchange for being enabled to use the Evernote
Service, you agree to abide by these Terms.
If This Is a Contract,
Who Are the Parties?
You, the Account Holder, are one party to this
contract. (An Account Holder is the person or entity
who has contracted with Evernote.) 
If you reside in the United States or Canada, then the
other party to this contract is Evernote Corporation, a
corporation headquartered in California. If you reside
in Brazil, then the other party to this contract is
Evernote do Brasil Serviços de Aplicações Ltda., a
company headquartered in the city of São Paulo,
State of Sao Paolo, Brazil (“Evernote Brasil”). If you
reside outside of the United States, Canada and
Brazil, then the other party to this contract is Evernote


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GmbH, a company headquartered in Zurich,
Switzerland. (Evernote Corporation, Evernote GmbH
and Evernote Brasil, as applicable, may be referred to
in these Terms of Service as “Evernote,” “we” and
sometimes “us”).
On some occasions, you may be purchasing products
or service subscriptions from an authorized reseller.
Please review our Commercial Terms for information
about additional contract terms relating to such
purchases.
Is This the Only
Contract I Have with
Evernote?
It depends upon how you interact with the Evernote
Service and our software applications. If you install
any Evernote Software on your computing devices,
you may be asked to agree to an end user license
agreement. If you pay for an Evernote subscription,
you will be asked to agree to the Commercial Terms. If
you use related Evernote products or services (such as
Evernote Teams) or participate in our User Forum, you
may also need to enter into a separate agreement
with us (usually by clicking “accept” or “agree”). We
refer to each of these as a “Separate Agreement.” If
that happens, the Separate Agreement shall take
precedence if there is a conflict between those terms
and this Terms of Service document, to the extent of
such conflict and with respect to the particular
subject matter of that Separate Agreement.
Will These Terms of
Service Ever Change?
These Terms may be amended as new features,
technology, or legal requirements arise, so please


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check back from time to time. If we make a significant
change, we’ll notify you and, where required, seek
your consent.
If we do update these Terms, you are free to decide
whether to accept the updated terms or to stop using
the Evernote Service (see “How is My Account
Closed” below); your continued use of the Evernote
Service after the effectiveness of that update will be
deemed to represent your agreement with, and
consent to be bound by, the new Terms. Except for
changes made by us as described here, no other
amendment or modification of these Terms shall be
effective unless set forth in a written agreement
expressly amending these Terms and bearing a
written signature by you and us. For clarity, email or
other communications will not constitute an effective
written agreement for this purpose.
What Do I Have to do
to Use the Evernote
Service?
First, you need to create an Evernote Service account.
You create an account by providing us with an email
address and creating a password. (Some older
accounts also required a username.) We refer to this
as your “Basic Subscriber Information”. We
encourage you to use a distinct and non-obvious
password that is different from passwords you use for
any other service. You are responsible for maintaining
the accuracy, completeness and confidentiality of
your Basic Subscriber Information, and you will be
responsible for all activities that occur under your
account, including activities of others to whom you
have provided your Basic Subscriber Information. We
will not be liable for any loss or damage arising from
your failure to provide us with accurate information or
to keep your Basic Subscriber Information secure. If
you discover any unauthorized use of your Basic


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Subscriber Information or suspect that anyone may
be able to access your private Content without
authorization, you should immediately change your
password and notify our Customer Support team.
Second, you will need to access your account through
a web browser or by installing our client software on
your computers, tablets and phones. Obtaining those
devices and paying for their connectivity and data
plans is your responsibility. Evernote also has no
responsibility for the availability of the Internet and
other telecommunication services necessary to access
the Evernote Service.
Can I Share My
Account with Someone
Else?
Evernote Service accounts should not be shared. If
you share your Basic Subscriber Information with
anyone, that other person may be able to take control
of the account, and we may not be able to determine
who is the proper Account Holder. We will not have
any liability to you (or anyone you share your Basic
Subscriber Information with) as a result of your or
their actions under those circumstances. Since you
may use a free Evernote Service account, and since
we provide a number of mechanisms to allow you to
share your account Content with others, we strongly
urge you not to share your information with anyone,
unless you are doing so as part of your estate
planning purposes, as discussed below.
Once I Have an
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Rights in the Evernote
Service?
Once your account is created and you accept these
Terms, we grant you a limited, non-exclusive license
to use the Evernote Service subject to these Terms, for
so long as you are not barred from receiving the
Evernote Service under the laws applicable to you,
until you close your account voluntarily or until we
close your account pursuant to these Terms. In
addition, we grant you a personal, worldwide, 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
you to use the Evernote Software and enjoy the
benefit of the Evernote Service, subject to any
applicable license terms provided with the Evernote
Software and these Terms, until your rights are
terminated in accordance with such license and/or
these Terms. You do not obtain any other right or
interest in Evernote or the Evernote Service.
Evernote’s Data
Protection Laws Say
My Data Is Mine –
What Does That Mean?
You retain copyright and any other rights you already
held in your Content before you submitted, posted or
displayed it on or through the Evernote Service. But
you do have to grant Evernote a limited license, as
described below, so we can make your data accessible
and usable on the Evernote Service. Other than this
limited license and other rights you grant in these
Terms, Evernote acknowledges and agrees that we do


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not obtain any right, title or interest from you under
these Terms in any of your Content.
What Is the License I
Have to Grant to
Evernote?
In order to enable Evernote to operate the Evernote
Service, we must obtain from you certain limited
license rights to process your Content that is covered
by intellectual property rights so that technical
actions we take in operating the Evernote Service are
not considered legal violations. For example,
copyright laws could prevent us from processing,
maintaining, storing, backing-up and distributing
certain Content, unless you give us these rights.
Accordingly, by using the Evernote Service and
uploading Content, you are granting Evernote a
license to display, perform and distribute your
Content and to modify (for technical purposes, e.g.,
making sure content is viewable on smartphones as
well as computers and other devices) and reproduce
such Content to enable Evernote to operate the
Evernote Service. You also agree that Evernote has
the right to elect not to accept, post, store, display,
publish or transmit any Content in our sole
discretion. 
You agree that these rights and licenses are royalty
free, transferable, sub-licensable, worldwide and
irrevocable (for so long as your Content is stored with
us), and include a right for Evernote to make such
Content available to, and pass these rights along to,
others with whom Evernote has contractual
relationships related to the provision of the Evernote
Service, solely for the purpose of providing such
services, and to otherwise permit access to or disclose
your Content to third parties if Evernote determines
such access is necessary to comply with its legal
obligations.


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If you elect to use any third-party service or
application that is integrated with Evernote, you also
agree that the licenses granted to Evernote in the
preceding paragraph shall apply to Content that is
submitted or uploaded through such third-party
service or application. If the third-party service or
application you elect to use would access or extract
Content, you grant Evernote the right and license to
enable third-party access to and extraction of your
Content. Evernote does not assume any responsibility
for, or liability on account of, the actions or omissions
of such third-party applications or service providers.
As we rely upon your rights to upload and distribute
your Content, you represent and warrant to Evernote
that (1) you have the unfettered legal rights and
authority to submit your Content to Evernote, to make
any other use, publication or other distribution of that
Content in your use of the Evernote Service, and to
grant the rights granted to Evernote under these
Terms; and (2) your Content complies with our User
Guidelines and these Terms.
Finally, you understand and agree that Evernote, in
performing the required technical steps to provide
the Evernote Service to our users, may make such
changes to your Content as are necessary to conform
and adapt that Content to the technical requirements
of connecting networks, devices, services or media. 
What Other
Assurances Do I Have
to Grant to Evernote?
When you use the Evernote Service to send messages
to an email address, to a telephone number via SMS,
or through a social media account (e.g., Facebook or
LinkedIn) that has not been linked to an Evernote
account, Evernote sends such messages on your
behalf, and we are relying on your representation to


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us that you have a direct relationship with the
recipient(s) and that you are respecting the legal
rights of the recipient(s) not to receive certain kinds
of messages (such as harassing messages, unsolicited
commercial messages, and unwanted SMS
messages). Whenever you send any kind of message
to a third party you represent and warrant to Evernote
that you are acting within the law and that you have
prior consent from the recipient to send them such a
message.
Are There Rules about
What I Can Do on the
Evernote Service?
Yes. Your use of the Evernote Service must be in
accordance with these Terms. When it comes to your
use of the Evernote Service, you agree that you are
responsible for your own conduct and all conduct
under your account. You agree to safeguard your
password and to keep your Basic Subscriber
Information current. You also agree that you will not
share your account credentials or give others access
to your account. In addition, you understand that all
Content created, transmitted, stored or displayed in
your account, is your sole responsibility as the person
who created the Content or introduced it into the
Evernote Service. This applies whether the Content is
kept private, shared or transmitted using the Evernote
Service or any third-party application or services
integrated with the Evernote Service. Our User
Guidelines provide more specific details regarding
prohibited conduct on the Evernote Service. If we find
that any shared Content in your account violates our
Terms of Service (including by violating another
person’s intellectual property or privacy rights), we
reserve the right to un-share or take down such
content.


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I’m Guessing Evernote
Has Some Rights
Relating to the
Evernote Service?
We do. They’re described here:
CONTENT RIGHTS.
While you own the Content you store within the
Evernote Service (subject to third party rights), you
acknowledge and agree that Evernote (and our
licensors) own(s) all legal right, title and interest in
and to the Evernote Service, including, without
limitation, all software that is part of the Evernote
Service and all Evernote Software.
INTELLECTUAL PROPERTY RIGHTS.
In agreeing to these Terms, you also agree that the
rights in the Evernote Service and Evernote Software,
including all intellectual property rights, such as
trademarks, patents, designs and copyrights, are
protected by one or more of copyright, trademark,
patent, trade secret and other laws, regulations and
treaties, in addition to these Terms and any Separate
Agreement. In particular, you agree to not modify,
create derivative works of, decompile or otherwise
attempt to extract source code from any Evernote
Software, unless you are expressly permitted to do so
under an open source license, we give you express
written permission or you are otherwise legally
permitted to do so notwithstanding this prohibition. 
RIGHT TO MODIFY THE EVERNOTE SERVICE.
We retain the right, in our sole discretion, to
implement new elements as part of and/or ancillary
to the Evernote Service, including changes that may
affect the previous mode of operation of the Evernote
Service or Evernote Software. We expect that any such


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modifications will enhance the overall Evernote
Service, but it is possible that you may not agree with
us. We also reserve the right to establish limits to
certain features based on factors such as the device,
operating system and/or client that you use, the
nature or size of storage available to you, the number
of transmissions, the ability to send or receive email
messages, the nature or size of any index or library
information, the nature of, or your continued ability to
access or distribute, your Content and other data, and
impose other limitations at any time, with or without
notice. For example, if you use a free version of the
Evernote Service, you will not enjoy all of the benefits
provided to subscribers of Evernote's Paid Service
offerings. 
You also acknowledge that a variety of Evernote
actions may impair or prevent you from accessing
your Content or using the Evernote Service at certain
times and/or in the same way, for limited periods or
permanently, and agree that Evernote has no
responsibility or liability as a result of any such actions
or results, including, without limitation, for the
deletion of, or failure to make available to you, any
Content. You agree that we shall not be liable to you
or to any third party for any modification, suspension
or discontinuance of any part of the Evernote Service.
However, if you are a subscriber to a Paid Service and
find that any such modifications or interruption of the
Paid Service adversely affects you, you may notify our
Customer Support team, explain the adverse impact
the modification has created and, if you desire,
request a termination of your Paid Service. Upon
receipt of any such request, we will endeavor to
promptly remedy the adverse impact caused by the
modification, extend the duration of your Paid Service
subscription for a period of time equal to the
interruption and/or refund a portion of your Paid
Service subscription fee equal to the remaining
unused term of the Paid Service subscription, as we
determine appropriate or as may be required by
applicable law.
RIGHT TO ENGAGE THIRD PARTIES.


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Evernote engages certain affiliates or other third
parties (“Service Providers”) to provide technical or
other services relating to all or part of the Evernote
Service, and you hereby agree that such involvement
by these Service Providers is acceptable. In addition,
Evernote may contract with third-party resellers of the
Paid Service and payment processors to enable
payments in your local currency and payment
systems. Please see our Privacy Policy to understand
the extent to which any affiliate or third party may
have access to your account information or Content
and our Commercial Terms to understand our
relationship with any reseller or payment processor. 
RIGHT TO USE THIRD-PARTY SOFTWARE.
Evernote may from time to time include as part of the
Evernote Service and Evernote Software computer
software supplied by third parties which is utilized by
permission of the respective licensors and/or
copyright holders on the terms provided by such
parties. We provide information about some of this
third-party software here and within the particular
Evernote Software. Evernote expressly disclaims any
warranty or other assurance to you regarding such
third-party software. 
RIGHT TO UPDATE OUR SOFTWARE.
In connection with any modification of the Evernote
Service, Evernote may automatically download
software updates on your computers and devices
from time to time with the intention of improving,
enhancing, repairing and/or further developing the
Evernote Service. Evernote will endeavor to provide
you with the option of whether or not to install the
update; however, in certain circumstances (e.g.,
security risks), Evernote may require you to install the
update to continue accessing the Evernote Service. In
all cases, you agree to permit Evernote to deliver
these updates to you (and you to receive them) as
part of your use of the Evernote Service.


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Do These Terms Apply
to Evernote Business
and Teams Users?
If you are using the Evernote Service as part of a
Multi-Seat Account (Evernote Business or Teams),
your use of the Evernote Service is governed by these
Terms, except to the extent the Separate Agreement
governing your account provides conflicting terms. If
you subscribed through our online Evernote Business
Agreement, your subscription will now be governed
by the Evernote Teams Agreement. The Customer
who has contracted with Evernote and the
Administrator of the account (as “Customer” and
“Administrator” are defined in the applicable
agreement) have the responsibility to and agree to
share the terms of such Separate Agreement with
each individual End User whose user account is linked
to the Evernote Teams Account.
If you are an End User of such an account, please
note that the Customer of your account (such as your
employer or organization) may have established its
own rules regarding End Users’ access, use,
disclosure, or retention of data stored in that account.
If you registered your Individual Account in
connection with a legacy Evernote Business Account
before September 15, 2017, you can find more
information on how to update that Individual Account
with your personal email address in this Help and
Learning article.
How Does Evernote
Respond to Copyright


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or Other Intellectual
Property Violations?
We respond to clear and complete notices of alleged
infringement of copyright, trademark or other
intellectual property laws that satisfy the
requirements in these Terms (which comply with
the United States Digital Millennium Copyright Act
and other applicable laws). If you believe that your
intellectual property rights have been violated, please
notify our Compliance team according to the
instructions provided by our IP Rights Compliance
Program and your notification will be processed in
accordance with our policies and as contemplated by
law. Evernote account holders who are deemed
repeat infringers pursuant to Evernote’s Repeat
Infringer Policy will, in appropriate circumstances, be
terminated pursuant to that policy. Note that each
owner of intellectual property is responsible for
protecting their rights and taking any legal or other
action they determine to be appropriate to do so, and
Evernote does not accept any obligation to take any
particular action to enforce or protect any party’s
intellectual property rights on their behalf.
Can Kids Use
Evernote?
Evernote is not directed to minors, and any use by
minors should only be done with the guidance,
supervision and consent of their parents, guardians
and/or authorized school officials. Further, we rely on
parents and guardians to ensure minors only use the
Evernote Service if they can understand their rights
and responsibilities as stated in these Terms and our
Privacy Policy. 
Consistent with applicable law, Evernote does not
knowingly collect personal information from minors


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without parental consent. If we learn that we have
inadvertently obtained information in violation of
applicable laws prohibiting collection of information
from children without such consent, we will promptly
delete it. 
Where Does My Data
Go?
The Evernote Service is available worldwide, but your
data is stored in the United States, as described in our
Privacy Policy. If you use the Evernote Service, you
acknowledge that you may be sending electronic
communications (including your Basic Subscriber
Information and Content), through computer
networks owned by Evernote, its Service Providers,
and other third parties located in California and other
locations in the United States and other countries. As
a result, your use of the Evernote Service will likely
result in interstate and possibly international data
transmissions, and your use of the Evernote Service
shall constitute your consent to permit such
transmissions.
How is My Account
Closed?
You may deactivate your account with our Evernote
Service at any time, for any reason (or no reason).
However, if you want to deactivate your account you
need to take certain specific steps, which are
described in our Help & Learning article entitled
“How do I deactivate my account?”. If you subscribe
to a Paid Service, you will need to cancel your
subscription pursuant to our Commercial Terms. 
Evernote may act to temporarily limit your use of the
Evernote Service, suspend access to your account, or
close your account, with or without notice according


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to these Terms. Reasons for Evernote suspending or
closing your account may include, without limitation:
(i) breach or violation of these Terms (including the
User Guidelines) or any Separate Agreement, (ii) an
extended period of inactivity (determined in
Evernote’s sole discretion), (iii) your nonpayment of
any fees or other sums due Evernote or any other
party related to your use of the Evernote Service, (iv)
the discontinuance or material modification of the
Evernote Service (or any part thereof) or (v)
unexpected technical or security issues or problems
or extensive Unsupported Use.
In most cases, in the event we elect to close your
account, we will provide at least 30 days advance
notice to you at the email address you have provided
to us, so you have a chance to retrieve any Content
stored on the Evernote Service servers (unless we
determine that we are legally prohibited from
providing such notice or enabling you to do so). After
the expiration of this notice period, you will no longer
be able to retrieve Content contained in that account
or otherwise use the Evernote Service through that
account.
What Happens to My
Account when I Die?
Evernote’s pledge to protect the privacy of your
Content will continue, even after your death or
incapacity. If you wish to enable someone to have
access to your Content or other data in your account
after you are no longer able to provide them access,
you need to implement a process for providing your
information to them. We will not provide your
information, or your Content, to anyone, even next of
kin, unless we determine that we are legally obligated
to do so. We encourage you to include your Basic
Subscriber information, with instructions on how to
access your Content, in your will or other estate plans,
so that anyone you wish to have access to your


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account will have the means to do so. Please see our
Commercial Terms for information on terminating
payment for Paid Services upon death or incapacity. 
If I Have a Great Idea
to Share with Evernote,
What Are My Rights?
When you submit any ideas, suggestions, documents
and/or proposals relating to the Evernote Service (or
other products or services) to Evernote through the
“Contact Us,” User Forum or Support interfaces or
through any other channel or mechanism
(collectively, “Contributions”), you acknowledge and
agree that: (i) your Contributions do not contain
confidential or proprietary information; (ii) Evernote is
not under any obligation of confidentiality, express or
implied, with respect to the Contributions; (iii)
Evernote shall be entitled to use or disclose (or
choose not to use or disclose) such Contributions for
any purpose, in any way; (iv) Evernote may have
something similar to the Contributions already under
consideration or in development; (v) your
Contributions automatically become the property of
Evernote without any obligation of Evernote to you;
and (vi) you are not entitled to any accounting,
compensation or reimbursement of any kind from
Evernote under any circumstances.
Does Evernote Serve
Ads?
Our business model is to make the Evernote Service
so valuable that our users will want to subscribe to a
Paid Service. However, we may display
advertisements and promotions on or in connection
with the Evernote Service, some of which may be paid


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for by third parties. For more information, please see
our Privacy Policy and Cookie Information page. 
Some advertising or other messaging content we
provide will be based upon information provided by
third parties, and we shall not be responsible or liable
for any loss or damage of any sort incurred by you as
a result of any advertisements or other messages.
Furthermore, your interactions with advertisers found
on or through the Evernote Service, including,
without limitation, all reliance upon advertising, all
commercial transactions and legal obligations
associated therewith, are solely between you and
such advertisers.
What Else Do I Need to
Know?
THIRD-PARTY LINKS, CONTENT AND
PROGRAMMING.
We may include or recommend third party resources,
materials and developers and/or links to third party
websites, content and applications as part of, or in
connection with, the Evernote Service. We may have
little or no control over such sites or developers and,
accordingly, you acknowledge and agree that (i) we
are not responsible for the availability of such
external sites, content or applications; (ii) we are not
responsible or liable for any content or other
materials or performance available from such sites or
applications and (iii) we shall not be responsible or
liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection
with use of or reliance on any such content, materials
or applications. 
EARLY ACCESS SERVICES.
We may offer you the opportunity to access features
in a preview or early access status (“Early Access
Services”). If you choose to access and use any Early


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Access Services, you agree that: (i) you are
responsible for any use and access to the Early Access
Services originating from your account; (ii) the Early
Access Services (including any feature names) are the
property of Evernote; and (iii) the Early Access
Services are experimental, pre-release, and may not
function as expected.
Any feedback and other information provided by you
or derived by us in connection with the Early Access
Services may be used by Evernote to improve or
enhance the Evernote Service and Evernote shall have
a non-exclusive, perpetual, irrevocable, royalty-free,
worldwide right and license to use, modify and
otherwise exploit such feedback and information
without restriction, provided that the public
disclosure of any such feedback or information
identifiable to you shall only be by the mutual
agreement of you and Evernote.
If you choose to use any Early Access Services, you
agree that Evernote shall have no obligation to
support or provide support services to you relating to
the Early Access Services or any updates thereto, even
though we may make such services available to you at
our sole discretion. You further agree that the
Indemnity, Limitation of Liability and Disclaimer of
Warranties, and Exclusions and Limitations sections
below will apply to the Early Access Services too.
INDEMNITY.
You agree to indemnify and hold Evernote, its
subsidiaries, affiliates, officers, agents, employees,
advertisers, Service Providers and other partners
harmless from and against any and all claims,
liabilities, damages (actual and consequential), losses
and expenses (including legal and other professional
fees) arising from or in any way related to any third
party claims relating to your use of any of the
Evernote Service, any violation of these Terms of
Service or any other actions connected with your use
of the Evernote Service (including all actions taken
under your account). In the event of such claim, we
will endeavor to provide notice of the claim, suit or


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action to the contact information we have for the
account, provided that any failure to deliver such
notice to you shall not eliminate or reduce your
indemnification obligation hereunder.
LIMITATION OF LIABILITY AND DISCLAIMER OF
WARRANTIES.
To the maximum extent permitted by law, the
Evernote Service Is Available “As Is.” YOU EXPRESSLY
UNDERSTAND AND AGREE THAT: 
a. YOUR USE OF THE EVERNOTE SERVICE AND THE
PURCHASE AND USE OF ANY SERVICES ARE ALL
AT YOUR SOLE RISK.
b. THE EVERNOTE SERVICE IS PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS. TO THE
MAXIMUM EXTENT PERMITTED BY LAW,
EVERNOTE EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.
c. EVERNOTE DOES NOT WARRANT THAT (i) THE
EVERNOTE SERVICE WILL MEET ALL OF YOUR
REQUIREMENTS; (ii) THE EVERNOTE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; OR (iii) ALL ERRORS IN THE
EVERNOTE SOFTWARE OR EVERNOTE SERVICE
WILL BE CORRECTED.
d. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE
EVERNOTE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER OR OTHER DEVICE OR LOSS OF DATA
RESULTING FROM THE DOWNLOAD OR USE OF
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e. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM
EVERNOTE OR THROUGH OR FROM THE
EVERNOTE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE
TERMS OF SERVICE.
f. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
EVERNOTE, ITS SUBSIDIARIES, AFFILIATES,
SERVICE PROVIDERS, AND LICENSORS, AND OUR
AND THEIR RESPECTIVE OFFICERS, EMPLOYEES,
AGENTS AND SUCCESSORS SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA, COVER OR OTHER
INTANGIBLE LOSSES (EVEN IF EVERNOTE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE EVERNOTE SERVICE
OR TO USE PROMOTIONAL CODES OR
EVERNOTE POINTS; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE SERVICES
RESULTING FROM ANY DATA, INFORMATION OR
SERVICE PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE
EVERNOTE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR THE LOSS, CORRUPTION OR ALTERATION
OF YOUR TRANSMISSIONS, CONTENT OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON OR USING THE EVERNOTE SERVICE,
OR PROVIDING ANY SERVICES RELATED TO THE
OPERATION OF THE EVERNOTE SERVICE; (v)
EVERNOTE’S ACTIONS OR OMISSIONS IN
RELIANCE UPON YOUR BASIC SUBSCRIBER
INFORMATION AND ANY CHANGES THERETO OR
NOTICES RECEIVED THEREFROM; (vi) YOUR
FAILURE TO PROTECT THE CONFIDENTIALITY OF
ANY PASSWORDS OR ACCESS RIGHTS TO YOUR
ACCOUNT; (vii) THE ACTS OR OMISSIONS OF ANY
THIRD PARTY USING OR INTEGRATING WITH THE


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EVERNOTE SERVICE; (viii) ANY ADVERTISING
CONTENT OR YOUR PURCHASE OR USE OF ANY
ADVERTISED OR OTHER THIRD-PARTY PRODUCT
OR SERVICE; (ix) THE TERMINATION OF YOUR
ACCOUNT IN ACCORDANCE WITH THE TERMS OF
THESE TERMS OF SERVICE; OR (x) ANY OTHER
MATTER RELATING TO THE EVERNOTE SERVICE.
EXCLUSIONS AND LIMITATIONS.
NOTHING IN THESE TERMS OF SERVICE (INCLUDING
THE LIMITATION OF LIABILITY PROVISIONS) IS
INTENDED TO EXCLUDE OR LIMIT ANY CONDITION,
WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE
LAWFULLY EXCLUDED OR LIMITED. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR CONDITIONS OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS
OR DAMAGE CAUSED BY WILLFUL ACTS,
NEGLIGENCE, BREACH OF CONTRACT OR BREACH
OF IMPLIED TERMS, OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY
THOSE LIABILITY AND OTHER LIMITATIONS WHICH
ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL
APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
If Evernote Has to Send
Me Notice of
Something, How Will
That Happen?
This is another reason why it’s important for you to
make sure your Basic Subscriber Information is
accurate, complete and up to date. We may provide
you with notices by email (to the email address
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postings on the website(s) related to the affected
Evernote Service.
How Can I Send a
Notice to Evernote?
Except where these Terms or any Separate Agreement
specifically provide for use of a different means or
address for notice, any notice to Evernote must be
delivered by email to compliance@evernote.com. This
email address may be updated as part of any update
to these Terms of Service. If you are unable to deliver
notice via email, you may send a notice to us at the
following address (as applicable to 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 Serviços De
Aplicações Ltda
Federal Taxpayer Registration CNPJ/MF no
17.566.240/0001-50
Avenida Paulista, no 2.300
Andar Pilotis
Edifício São Luiz Gonzaga
CEP: 01310-300, São Paulo/SP
Attention: Legal Notice
Are There Countries
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to Use Evernote?
You may not use or otherwise export the Evernote
Service or any Evernote Software except as authorized
by United States (“U.S.”) law and the laws of the
jurisdiction in which the Evernote Service is hosted or
where you use the Evernote Service. In particular, but
without limitation, the Evernote Software may not be
(i) exported or re-exported into any countries that are
subject to U.S. economic sanctions or (ii) provided to
or used by anyone on the U.S. Department of the
Treasury's lists of Foreign Sanctions Evaders or
Specially Designated Nationals or the U.S.
Department of Commerce Denied Persons,
Unverified, or Entity lists. By using the Evernote
Service, you represent and warrant that you are not
located in any such country or on any such list, and
shall not use the Evernote Service, or provide access
to or use of the Evernote Service to anyone, in any
such country. In addition, you are responsible for
compliance with applicable export control, economic
sanctions and related laws when you travel across
international borders and access your 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) shall be governed in
all respects by the laws of the State of California,
United States of America, as they apply to
agreements entered into and to be performed
entirely within California between California
residents, without regard to its conflict of law
provisions. 
If you reside in Brazil, these Terms and the
relationship between you and Evernote (including
any dispute) shall be governed in all respects by the
laws of Brazil and shall be considered to have been


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made and accepted in Brazil, without regard to
conflict of law provisions.
If you reside outside of the United States, Canada,
and Brazil, these Terms and the relationship between
you and Evernote (including any dispute) shall be
governed in all respects by the laws of Switzerland
and shall be considered to have been made and
accepted in Switzerland, without regard to conflict of
law provisions.
If any provision of these Terms of Service is found by a
court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of
the Terms of Service remain in full force and effect.
What Do I Do If I Think I
Have a Claim Against
Evernote?
LET US KNOW ABOUT YOUR COMPLAINT.
We want to know if you have a problem so we
encourage you to contact our Customer Support
team if you have any concerns with respect to the
operation of the Evernote Service or any Evernote
Software, as we want to ensure that you have an
excellent experience. 
INITIATING A FORMAL CLAIM.
If you conclude that we have not satisfied your
concern and that you must pursue legal action, you
agree that your claim must be resolved by the
processes set forth in these Terms. Evernote provides
the Evernote Service to you on the condition that you
accept the dispute resolution provisions described
below, so if you initiate any claim against Evernote in
any other manner, you shall be in violation of these


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Terms and you agree that Evernote shall be entitled to
have such action dismissed or otherwise terminated
and you agree to reimburse Evernote for its
reasonable costs incurred in defending against such
improperly initiated claim. You agree that prior to
initiating any formal proceedings against Evernote,
you will send us a notice to our attorneys at
legalnotice@evernote.com and state that you are
providing a “Notice of Dispute.” Upon receipt of a
Notice of Dispute, you and we shall attempt to resolve
the dispute through informal negotiation within sixty
(60) days from the date the Notice of Dispute is sent.
If the dispute remains unresolved, either you or we
may initiate formal proceedings according to these
Terms. 
Except where our dispute is being resolved pursuant
to an arbitration (as provided 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 resolved exclusively by a state or
federal court located in San Mateo County, California.
You agree to submit to the exclusive personal
jurisdiction of the courts located within San Mateo
County, California (and, for the avoidance of doubt, to
exclude the jurisdiction of any other court) for the
purpose of litigating all such claims or disputes.
Except where our dispute is being resolved pursuant
to an arbitration (as provided below), if you reside in
Brazil, you agree that any claim or dispute you may
have against Evernote must be resolved exclusively by
the courts in São Paolo-SP, Brasil. You agree to submit
to the exclusive personal jurisdiction of the courts
located within São Paolo-SP, Brasil (and, for the
avoidance of doubt, to exclude the jurisdiction of any
other court) for the purpose of litigating all such
claims or disputes. 
Except where our dispute is being resolved pursuant
to an arbitration (as provided 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 resolved exclusively by the courts in


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Zurich, Switzerland. You agree to submit to the
exclusive personal jurisdiction of the courts located
within Zurich, Switzerland (and, for the avoidance of
doubt, to exclude the jurisdiction of any other court)
for the purpose of litigating all such claims or
disputes.
ALTERNATIVE DISPUTE RESOLUTION PROCESS.
Unless you are subject to the Arbitration Agreement
set out below, and subject to any applicable laws, if a
claim arises between you and Evernote where the
total value of such claim is less than US$10,000, the
party initiating the claim may elect to have the
dispute resolved pursuant to a binding arbitration
process that does not require attendance in person.
This “Alternative Dispute Resolution Process” shall be
initiated by either party sending notice to the other, in
which event you and Evernote agree to use our
reasonable efforts to agree within thirty (30) days
upon an individual or service to manage the
Alternative Dispute Resolution Process (the
“Arbitration Manager”) according to the following
requirements: (i) neither party shall be required to
attend any proceeding in person, (ii) the proceeding
will be conducted via written submissions, telephone
or online communications or as otherwise agreed
upon, (iii) the fees for the Arbitration Manager will be
borne equally by the parties or be submitted to the
Arbitration Manager to determine as part of the
dispute and (iv) the judgment rendered by the
Arbitration Manager may be entered in 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 we cannot offer you the
European Commission Dispute Platform as we do not
have an establishment in the EU.
ARBITRATION AGREEMENT.
If you reside in the United States or are otherwise
subject to the US Federal Arbitration Act, you and
Evernote agree that any and all disputes or claims


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that have arisen or may arise between us - except any
dispute relating to the enforcement or validity of your,
our or either of our licensors’ intellectual property
rights - shall be resolved exclusively through final and
binding arbitration, rather than in court, except that
you may assert claims in small claims court, if your
claims qualify. The Federal Arbitration Act governs the
interpretation and enforcement of this Arbitration
Agreement. (Note that if you were using an Evernote
Service user prior to December 4, 2012 and formally
elected to opt out of the Arbitration Agreement
pursuant to the procedures set out in our Terms of
Service that were effective as of December 4, 2012,
you are not subject to this Arbitration Agreement.)
Our arbitration proceedings would be conducted by
the American Arbitration Association ("AAA") under
its rules and procedures applicable at that time,
including the AAA's Supplementary Procedures for
Consumer-Related Disputes (to the extent
applicable), as modified by our Arbitration
Agreement. You may review those rules and
procedures, and obtain a form for initiating
arbitration proceedings at the AAA's website. The
arbitration shall be held in the county in which you
reside or at another mutually agreed location. If the
value of the relief sought is US$10,000 or less, either
of us may elect to have the arbitration conducted by
telephone or based solely on written submissions,
which election shall be binding on us subject to the
arbitrator's discretion to require an in-person
hearing. Attendance at an in-person hearing may be
made by telephone by you and/or us, unless the
arbitrator requires otherwise.
The arbitrator will decide the substance of all claims
in accordance with the laws of the State of California,
including recognized principles of equity, and will
honor all claims of privilege recognized by law. The
arbitrator shall not be bound by rulings in prior
arbitrations involving different Evernote users, but is
bound by rulings in prior arbitrations involving the
same user to the extent required by applicable law.
The arbitrator's award shall be final and binding and


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judgment on the award rendered by the arbitrator
may be entered in any court possessing jurisdiction
over the parties, except for a limited right of appeal
under the Federal Arbitration Act.
The AAA rules will govern the payment of all filing,
administration and arbitrator fees, unless our
Arbitration Agreement expressly provides otherwise.
If the amount of any claim in an arbitration is
US$10,000 or less, Evernote will pay all filing,
administration and arbitrator fees associated with the
arbitration, so long as (i) you make a written request
for such payment of fees and submit it to the AAA
with your Demand for Arbitration and (ii) your claim is
not determined by the arbitrator to be frivolous. In
such case, we will make arrangements to pay all
necessary fees directly to the AAA. If the amount of
the claim exceeds US$10,000 and you are able to
demonstrate that the costs of arbitration will be
prohibitive as compared to the costs of litigation,
Evernote will pay as much of the filing, administration
and arbitrator fees as the arbitrator deems necessary
to prevent the arbitration from being cost-prohibitive.
If the arbitrator determines the claim(s) you assert in
the arbitration are frivolous, you agree to reimburse
Evernote for all fees associated with the arbitration
paid by Evernote on your behalf, which you otherwise
would be obligated to pay under the AAA's rules.
YOU AND EVERNOTE AGREE, AS PART OF THE
ARBITRATION AGREEMENT, THAT EACH OF US MAY
BRING CLAIMS AGAINST THE OTHER ONLY ON AN
INDIVIDUAL BASIS AND NOT AS PART OF ANY
PURPORTED CLASS OR REPRESENTATIVE ACTION OR
PROCEEDING. WE REFER TO THIS AS THE
“PROHIBITION OF CLASS AND REPRESENTATIVE
ACTIONS.” UNLESS BOTH YOU AND WE AGREE
OTHERWISE, THE ARBITRATOR MAY NOT
CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH
ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY
NOT OTHERWISE PRESIDE OVER ANY FORM OF A
CONSOLIDATED, REPRESENTATIVE OR CLASS
PROCEEDING. THE ARBITRATOR MAY ONLY AWARD
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DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL
PARTY SEEKING RELIEF AND ONLY TO THE EXTENT
NECESSARY TO PROVIDE RELIEF NECESSITATED BY
THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF
AWARDED CANNOT AFFECT OTHER EVERNOTE
USERS.
Except with respect to the Prohibition of Class and
Representative Actions, if a court decides that any
part of this Arbitration Agreement is invalid or
unenforceable, the other parts of this Arbitration
Agreement shall continue to apply. If a court decides
that the Prohibition of Class and Representative
Actions is invalid or unenforceable, then this entire
Arbitration Agreement shall be null and void. The
remainder of these Terms and this Section (What Do I
Do if I think I Have A Claim Against Evernote?) will
continue to apply.
CLAIMS ARE TIME-BARRED.
You agree that regardless of any statute or law to the
contrary or the applicable dispute resolution process,
any claim or cause of action you may have arising out
of or related to use of the Evernote Service or
otherwise under these must be filed within one (1)
year after such claim or cause of action arose or you
hereby agree to be forever barred from bringing such
claim.
The provisions of this section, entitled “Claims Are
Time-Barred” shall be deemed to constitute a
separate written legally binding agreement by and
between you and us.
SPECIAL NOTICE FOR CALIFORNIA USERS.
Under California Civil Code Section 1789.3, users of
the Evernote Service from California are entitled to
the following specific consumer rights notice: The
Complaint Assistance Unit of the Division of
Consumer Services of the California Department of
Consumer Affairs may be contacted in writing at 1625
North Market Blvd., Suite N 112, Sacramento, CA
95834, or by telephone at (916) 445-1254 or (800) 952-


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5210. You may contact us via email at
legalnotice@evernote.com or at:
Evernote Corporation
305 Walnut Street
Redwood City, California 94063 USA
Attention: Legal Notice
Anything Else?
A couple of final, but important, points. First, these
Terms constitute the entire agreement between you
and Evernote and govern your use of the Evernote
Service, except for, and then only to the extent that
you have entered into a Separate Agreement. These
Terms supersede any prior agreements or earlier
versions of these Terms between you and Evernote for
the use of the Evernote Service as of the Effective
Date indicated at the top of these Terms. If, through
accessing or using the Evernote Service, you utilize or
obtain any product or service from a third party, you
may additionally be subject to such third party’s
terms and conditions applicable thereto, and these
Terms shall not affect your legal relationship with
such third party.
Second, you acknowledge and agree that each
affiliate of Evernote shall be a third party beneficiary
to these Terms and that such other companies shall
be entitled to directly enforce, and rely upon, any
provision of these Terms which confers a benefit on
(or provides rights in favor of) them. Other than this,
no other person or company shall be a third party
beneficiary to these Terms. 
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 shall govern.


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