Snapshot of the source text at fetch time, not a live mirror of the policy page.
Plain-English summary
Obsidian's Terms of Service include several significant "gotchas" for users. The Company retains the right to unilaterally terminate your access without notice or liability (risk_flags-1), and services are provided "as is" without any warranties of fitness, accuracy, or uninterrupted function (risk_flags-2). There are limitations on the Company's responsibility for data security across networks not under their control, and no guarantee against unauthorized access (risk_flags-3). Furthermore, fees are explicitly non-cancellable and non-refundable, meaning you will not get money back for unused services (cancellation_renewal-1). You are also broadly responsible for indemnifying the company for claims related to your content, data, or violations of privacy (risk_flags-4). Lastly, your information may be collected, used, and transferred internationally (data_use-1), and the company can subcontract data storage and processing to third parties (data_use-2).
89% confidence
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Risk Flags
Critical issues that need immediate attention. These can include one-sided dispute clauses, limitations of liability, and other clauses that significantly disadvantage the user.
high95% confidence
Unilateral Termination Rights Without Notice
The Company can terminate or restrict your access to any component of obsidian.md at any time and without notice, in its sole discretion and without any liability whatsoever.
Why it matters: This means your access to the service or parts of it can be stopped suddenly without warning and without the company being held responsible.
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.
Use of Services, paragraph 3 · Citation strength: strong
high95% confidence
Services Provided "As Is" Without Warranty
All Services are provided "as is" and on an "as available" basis, with no warranties of merchantability, title, fitness for a particular purpose, or noninfringement. The Company does not guarantee the Services will meet customer requirements, be accurate, complete, preserved without loss, timely, secure, uninterrupted, or error-free.
Why it matters: You receive the services without any guarantees about their quality, suitability, functionality, accuracy, or security, and cannot expect them to consistently meet your needs or be free from issues.
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.
Disclaimer of Warranties, paragraph 1 · Citation strength: strong
high90% confidence
Limited Security Guarantees and No Liability for Data Loss
The Company does not guarantee that its security procedures will be error-free or that transmissions of Customer Data will always be secure. It also states that unauthorized third parties may be able to defeat security measures, and the Company is not responsible for Customer Data lost, altered, intercepted, copied, or stored across networks not owned or controlled by them.
Why it matters: Your data may be at risk due to potential security vulnerabilities or unauthorized access, and the company will not be held responsible for any loss, alteration, or misuse of your data during transmission over external networks.
We cannot guarantee that our security procedures will be error-free, that transmissions of your Customer Data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers. If you become aware of any security breach in the Services, you agree to promptly notify us. All data at rest is encrypted and all data in transit is encrypted.
Security, paragraph 1 · Citation strength: strong
high90% confidence
Broad Indemnification Obligation for Users
Customers are required to indemnify, defend, and hold harmless the Company from any claims by a third party regarding Customer Content, Customer Data, use of Services in violation of the Agreement, or violations of privacy obligations to any person.
Why it matters: You could be held financially responsible for legal costs and damages if a third party makes a claim against the Company related to your content, data, or how you use the services, even for privacy violations.
Customer shall indemnify, defend and hold harmless the Company from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of any claim by a third party against the Company or its affiliates regarding: (i) Customer Content or Customer Data; (ii) Customer’s use of the Services in violation of this Agreement; and/or (iii) violations of Customer’s obligations of privacy to any Person.
How the company handles your data, including collection, processing, sharing with third parties, and your rights over that data.
medium95% confidence
Consent to Information Collection, Use, and Transfer
By accessing and/or using the Services, you consent to the collection and use of your information, including its transfer to Canada and/or other countries for storage, processing, and use by the Company.
Why it matters: Your information will be collected, used, and transferred internationally, potentially to different legal jurisdictions, simply by using the services.
You understand that through your access and/or use of the Services, you consent to the collection and use of this information, including the transfer of this information to Canada and/or other countries for storage, processing and use by us.
Company Can Subcontract Data Storage and Processing
The Company may use third-party service providers for limited parts of the Services, including data storage and processing, and you consent to this subcontracting.
Why it matters: Your data may be handled by external companies, which means it could be subject to their security practices and privacy policies.
We may use third party service providers to provide limited parts of the Services from time to time, including data storage and processing, and you consent to us subcontracting these services to those third parties.
Security, paragraph 1 · Citation strength: strong
medium90% confidence
Third-Party Services May Collect and Share Your Data
Third-Party Services that interact with Obsidian may import or export data related to your account, activity, and content, and may otherwise gather data from you. You expressly permit the Company to share Customer Content and Customer Data with these Third-Party Service providers.
Why it matters: When using third-party services integrated with Obsidian, your data and content may be collected and shared with those third-party providers, potentially falling under their own data policies.
You expressly permit us to share Customer Content in conjunction with the Third Party Services and Customer Data with Third Party Service providers. The Third Party Services may import or export data related to your Account, activity and/or content and otherwise gather data from you.
Third Party Services, paragraph 1 · Citation strength: strong
low95% confidence
Company May Use Your Company Name and Logo for Promotion
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 on their website and marketing materials. You have the option to opt out of this usage by contacting support.
Why it matters: The Company can use your business's name and logo in their marketing, but you can request to opt out if you do not want this to happen.
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. You represent and warrant that you have all necessary rights and authority to grant this license. If you wish to opt out of such usage, you may contact us at supp[[email protected]](https://obsidian.md/cdn-cgi/l/email-protection).
Logo Usage, paragraph 1 · Citation strength: strong
Cancellation & Renewal Terms
Conditions for canceling services, auto-renewal policies, refund eligibility, and procedures for making changes to subscriptions.
high95% confidence
Non-Cancellable and Non-Refundable Fees
All fees are non-cancellable and non-refundable, based on Services purchased and not actual usage. You will not be entitled to any refund for unused Services.
Why it matters: You will not receive any money back once fees are paid, even if you do not use the services or cancel them.
You agree to pay all fees set out in an Access Agreement. All fees are non-cancellable and non-refundable and are based on Services purchased and not actual usage. Unless otherwise agreed between you and us, charges may be paid by credit card, electronic funds transfer or bank/wire transfer. For the avoidance of doubt, you shall not be entitled to any refund in the event of unused Services.
Fees, paragraph 1 · Citation strength: strong
Watch Out For These ‘Gotchas’
Less-obvious clauses that may be to your detriment. This can include one-sided modification clauses, limitations on support, and other clauses that limit expected user rights.
low90% confidence
Disclaimers and No Guarantees on Maintenance or Uninterrupted Service
The Company uses commercially reasonable efforts to ensure service availability and error-free transmissions but cannot guarantee this due to the nature of the internet. Access may be suspended or restricted for repairs, maintenance, or new services, and while efforts will be made to limit interruptions and provide notice for scheduled events, notice for unplanned outages cannot be guaranteed.
Why it matters: Service availability and performance are not guaranteed and may be interrupted without prior notice, especially during unplanned outages, which could impact your ability to use the services when you need them.
We use commercially reasonable efforts to ensure that availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Services may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction, and we will use commercially reasonable efforts to alert or notify you in the event of any scheduled or non-scheduled suspension of Services.
Maintenance and Repairs, paragraph 1 · Citation strength: strong
Protections
These are commitments or controls that benefit you.
Protection95% confidence
Notification and Opportunity to Accept Changes
If you have an account with the Company, you will be notified by email and given an opportunity to accept any modifications, supplements, or amendments to the Terms and Conditions.
Why it helps: You will be informed about updates to the terms and have a chance to agree to them, which provides transparency and control over your continued use of the service.
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.