Snapshot of the source text at fetch time, not a live mirror of the policy page.
Plain-English summary
This review of Obsidian's terms of service highlights several important aspects. You may not be entitled to refunds for unused services or if your agreement is terminated due to your material breach. The company is not responsible for your data once it's transmitted over networks they don't control (risk_flags-2). They also disclaim responsibility for Third-Party Services and their actions (risk_flags-3). The services are provided "as is" without any warranties (risk_flags-4), and the company's liability for various damages is limited to the fees paid in the preceding 12 months (risk_flags-5, risk_flags-6). Additionally, the company can terminate or restrict your access at any time without notice or liability (gotchas-1).
90% confidence
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Risk Flags
4 findings
Critical issues that may result in significant harm to the user. These include strong legal disadvantages, limitations of rights, or other material detriments.
high90% confidence
Company not responsible for Customer Data transmitted over uncontrolled networks
Use of the Services necessarily involves transmission of your Customer Data over networks that are not owned, operated or controlled by the company, and the company is not responsible for any of your Customer Data lost, altered, intercepted, copied or stored across such networks.
Why it matters: Your Customer Data is transmitted over networks not controlled by the company, and the company is not responsible if your data is lost, altered, intercepted, copied, or stored on those networks.
However, you understand that use of the Services necessarily involves transmission of your Customer Data over networks that are not owned, operated or controlled by us, and we are not responsible for any of your Customer Data lost, altered, intercepted, copied or stored across such networks.
Security, paragraph 1 · Citation strength: strong
high90% confidence
Company not responsible for Third-Party Services or their actions
The company is not responsible for any Third Party Services or for any act or omission of any third party. The company does not own, operate or endorse any Third Party Services and does not warrant any Third Party Services.
Why it matters: You assume all risks and liabilities associated with the use of any Third Party Services, and the company is not responsible for them or any third party's actions.
We are not responsible for any Third Party Services or for any act or omission of any third party. The Company does not own, operate or endorse any Third Party Services and does not warrant any Third Party Services. You agree to assume all risks and liabilities associated with the use of any Third Party Services.
Company disclaims all warranties for services provided "as is"
All Services are provided “as is” and on an “as available” basis. The company makes no warranties, express or implied, including merchantability, title, fitness for a particular purpose or noninfringement. The company also does not guarantee that Services will meet customer requirements, be accurate, complete, or preserved without loss, or be timely, secure, uninterrupted or error-free.
Why it matters: You receive the services "as is" without any guarantees regarding their quality, accuracy, reliability, or that they will meet your specific needs.
All Services are provided “as is” and on an “as available” basis. Neither the Company nor its suppliers or representatives make any warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement. The Company makes no representation, warranty or guarantee that the Services will meet Customer’s requirement or expectation, that will be accurate, complete or preserved without loss, or that the Services will be timely, secure, uninterrupted or error-free.
Total liability of company is limited to fees paid in the preceding 12 months
In no event will the company’s or its suppliers’ total liability exceed in aggregate the amount actually paid or payable by customer to the company for the services in the twelve (12) months preceding the claim.
Why it matters: The maximum amount you can recover from the company for any claims is limited to the total fees you paid for services in the 12 months before the claim, potentially leaving you with significant uncompensated losses.
IN NO EVENT WILL THE COMPANY’S OR ITS SUPPLIERS’ TOTAL LIABILITY EXCEED IN AGGREGATE THE AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF, paragraph 1 · Citation strength: strong
Data Use
3 findings
How the company collects, processes, and shares your data.
medium90% confidence
Company may share Customer Content and Data with Third Party Service providers
You expressly permit the company to share Customer Content in conjunction with Third Party Services and Customer Data with Third Party Service providers.
Why it matters: Your Customer Content and Customer Data may be shared with Third Party Service providers when you use features that interact with these services.
You expressly permit us to share Customer Content in conjunction with the Third Party Services and Customer Data with Third Party Service providers.
Security, paragraph 8 · Citation strength: strong
medium90% confidence
Company retains the right to remove or edit user-contributed content
The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Why it matters: Content you contribute to the services may be removed or edited by the company at its discretion, even though they do not regularly review posted content.
The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
License, paragraph 14 · Citation strength: strong
medium90% confidence
Company can use your company name and logo for promotional purposes if you purchase a Commercial Use license
By purchasing a Commercial Use license, you grant the company a worldwide, non-exclusive, royalty-free license to use your company name and logo for promotional and marketing purposes, including displaying them on their website and marketing materials.
Why it matters: If you buy a Commercial Use license, your company name and logo can be used by the company for their advertising, such as on their website or marketing materials.
By purchasing a Commercial Use license, you grant us a worldwide, non-exclusive, royalty-free license to use your company name and logo for promotional and marketing purposes, including but not limited to displaying them on our website and marketing materials.
Content, paragraph 14 · Citation strength: strong
Cancellation and Renewal
All clear
How cancellation and renewal of the service works, including any associated costs or penalties.
✓
Looking good
No billing surprises spotted
Verbaterm only flags concerns it can cite. No cancellation, auto-renewal, or refund terms needed attention here.
Gotchas
1 finding
Potentially overlooked clauses that may be to your detriment. These can include one-sided clauses, automatic actions, or other sneaky inclusions.
medium90% confidence
Company can terminate or restrict access without notice and without liability
In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, at any time and without notice may terminate or restrict your access to any component of obsidian.md.
Why it matters: The company can terminate or restrict your access to any part of its services at any time, without prior notice and without incurring any liability to you.
In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, at any time and without notice may terminate or restrict your access to any component of obsidian.md.
License, paragraph 15 · Citation strength: strong
Protections
2 findings
Explicit commitments by the company to safeguard user rights and privacy beyond legal requirements.
Protection90% confidence
Email notification for changes to terms and conditions for account holders
If you have an account with us, you will be notified by email and given an opportunity to accept the changes when the Company modifies, supplements or amends these Terms and Conditions.
Why it helps: This helps you stay informed about changes to the terms and conditions and allows you to decide whether to accept them, protecting you from unexpected policy shifts.
The Company may modify, supplement or amend these Terms and Conditions. If you have an account with us, you will be notified by email and given an opportunity to accept the changes.
Terms of Service, paragraph 5 · Citation strength: strong
Protection90% confidence
Refund for material breach by company upon termination
If you terminate this Agreement or any Access Agreement solely due to a material breach of this Agreement by us, we agree to refund all prepaid fees for the remaining portion of the Term for the terminated Services within thirty (30) days after the date of termination.
Why it helps: This ensures that if the company fails to uphold its end of the agreement, you can receive a refund for the unused portion of the services, providing financial protection.
If you terminate this Agreement or any Access Agreement solely due to a material breach of this Agreement by us, we agree to refund all prepaid fees for the remaining portion of the Term for the terminated Services within thirty (30) days after the date of termination.
Effect of Termination, paragraph 1 · Citation strength: strong
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