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Plain-English summary
Evernote's Terms of Service include a mandatory individual arbitration and class-action waiver, requiring most disputes to be resolved in arbitration rather than court. The service may also suspend or close your account without notice for various reasons, including inactivity or breach of terms. Furthermore, the company disclaims liability for any loss or damage if you fail to provide accurate information or keep your account secure. When you submit ideas or suggestions, they become the company's property without compensation. The service provides an option to opt out of arbitration within 30 days.
90% confidence
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Risk Flags
2 findings
Key problematic clauses that pose a risk to the user.
high95% confidence
Mandatory Individual Arbitration and Class-Action Waiver
These terms include a mandatory and binding individual arbitration agreement and class-action waiver, meaning most disputes will be resolved in binding, individual arbitration instead of a class arbitration, class action, other representative proceeding, or jury trial.
Why it matters: You waive your right to a jury trial and participation in class-action lawsuits, limiting your avenues for legal recourse against the service provider.
IF YOU RESIDE IN THE UNITED STATES OR ARE OTHERWISE SUBJECT TO THE U.S. FEDERAL ARBITRATION ACT, THESE TERMS ALSO CONTAIN A MANDATORY AND BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER WHICH MEANS THAT MOST DISPUTES BETWEEN YOU AND US WILL BE RESOLVED IN BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL.
Terms of Service, paragraph 8 · Citation strength: strong
medium90% confidence
Account Suspension or Closure Without Notice
The service may temporarily limit your use, suspend, or close your account with or without notice for reasons including breach of terms, inactivity, nonpayment, service modification, or technical/security issues.
Why it matters: Your access to the service and content may be unexpectedly interrupted or terminated, potentially without prior warning, making it difficult to plan or retrieve your data.
Reasons for 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 our sole discretion), (iii) your nonpayment of any fees or other sums due to us 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 violation of the section “Are there rules about what I can do on the Evernote Service?” above.
Terms of Service, paragraph 32 · Citation strength: strong
Data Use
4 findings
Policies regarding the collection, processing, and sharing of user data.
medium95% confidence
Broad License to Use Your Content
By using the service and uploading content, you grant a license to display, perform, distribute, modify (for technical purposes), and reproduce your content to operate and offer the service.
Why it matters: The service gains broad rights to use and adapt your content, including displaying, distributing, and modifying it for its operational needs.
Accordingly, by using the Evernote Service and uploading Content, you are granting us a license to display, perform, and distribute your Content and to modify (for technical purposes such as making sure content is viewable on computers and other devices) and reproduce such Content to enable us to operate and offer the Evernote Service.
Terms of Service, paragraph 15 · Citation strength: strong
medium90% confidence
Disclosure of Content and Information to Authorities
Following an investigation, the service may, at its discretion, disclose your content, registration information, or other information to governmental or public authorities, law enforcement agencies, or third parties if legally required or deemed necessary to comply with legal obligations, protect interests, or safeguard third parties.
Why it matters: Your content and personal information may be shared with government agencies or other third parties without your direct control, under circumstances determined by the service.
Following our investigation, without limiting any other rights or remedies available to us under these Terms or applicable law, we may take, at our discretion, one or more of the following actions: (a) permanently remove or disable access to some or all of your Content, (b) terminate your account (if any) and your access to any portion or all of the Evernote Service, and (c) disclose your Content, your registration information, or other information, to governmental or public authorities, law enforcement agencies, or third parties, where legally required or reasonably deemed necessary to comply with our legal obligations, protect our interests, or safeguard third parties.
Terms of Service, paragraph 23 · Citation strength: strong
medium90% confidence
Third-Party Access to and Extraction of Content
If you use a third-party service integrated with the service, you grant the service the right and license to enable third-party access to and extraction of your content. The service does not assume responsibility for these third parties.
Why it matters: Using integrated third-party services means your content may be accessed and extracted by them, and the service provider is not liable for their actions or omissions.
If you elect to use any third-party service or application that is integrated with the Evernote Service, you also agree that the licenses granted to us in the preceding paragraph 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 us the right and license to enable third-party access to and extraction of your Content. We do not assume any responsibility for, or liability on account of, the actions or omissions of such third-party applications or service providers.
Terms of Service, paragraph 17 · Citation strength: strong
low90% confidence
Consent to Data Transmissions for Global Service
By using the service, you acknowledge that you may be sending electronic communications, including basic subscriber information and content, through computer networks in the United States, Italy, and other countries, and your use constitutes consent to such interstate and international data transmissions.
Why it matters: Your data, including personal information and content, will be transmitted internationally, and your use of the service implies consent to these transmissions.
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 or operated by Bending Spoons, its Service Providers, and other third parties located in the United States, Italy, 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 will constitute your consent to permit such transmissions.
Terms of Service, paragraph 31 · Citation strength: strong
Cancellation and Renewal
1 finding
Terms related to account closure, subscription cancellation, and automatic renewals.
Not clearly stated: Whether subscriptions auto-renew and the terms of renewal are not clearly stated in the provided text.
medium90% confidence
Account Closure Requires Separate Subscription Cancellation for Paid Services
To close your account, if you subscribe to a Paid Service, you must first cancel your subscription according to their Commercial Terms.
Why it matters: Closing your account might involve an additional step of canceling a paid subscription through separate terms, which could lead to continued billing if not followed correctly.
If you subscribe to a Paid Service, you will need to cancel your subscription pursuant to our Commercial Terms prior to closing your account.
Terms of Service, paragraph 31 · Citation strength: strong
Gotchas
4 findings
Clauses that are potentially unfavorable or surprising to the user.
medium95% confidence
Sharing Account Credentials Risks Loss of Control and Liability
If you share your basic subscriber information, the other person may take control of the account, and the service may not be able to determine the proper account holder, disclaiming liability for actions under those circumstances.
Why it matters: Sharing your account credentials can lead to loss of control over your account, and the service provider will not be responsible for any issues arising from such sharing.
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.
Terms of Service, paragraph 14 · Citation strength: strong
medium90% confidence
Responsibility for Third-Party Applications Connected to Account
You are responsible for everything that authorized third-party applications, services, or agents do through or under your account when you connect them.
Why it matters: You bear full responsibility for the actions of any third-party applications or services you connect to your account, including potential misuse or unauthorized activity.
You agree that you are responsible for everything such applications, services, or agents do through or under your account.
Terms of Service, paragraph 19 · Citation strength: strong
medium90% confidence
User Content Becomes Company Property with No Compensation for Ideas
When you submit ideas, suggestions, documents, and/or proposals to the service, they acknowledge and agree that contributions do not contain confidential or proprietary information, the service is not obligated to keep them confidential, the service can use or disclose them for any purpose, they may already have similar ideas, the contributions automatically become their property without obligation to you, and you are not entitled to any compensation.
Why it matters: Any ideas or suggestions you submit to the service will become their property without any obligation for them to compensate you or keep the ideas confidential.
When you submit any ideas, suggestions, documents, and/or proposals relating to the Evernote Service (or other products or services) to us (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) we will be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) we may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become our property without any
Terms of Service, paragraph 33 · Citation strength: strong
medium90% confidence
No Liability for Third-Party Links and Content
The service may include third-party resources and links over which they have little or no control. They are not responsible for the availability of these external sites, nor are they liable for any content, materials, performance, or damages caused by reliance on such third-party resources.
Why it matters: You assume the risk when interacting with third-party links and content within the service, as the service provider disclaims responsibility and liability for issues arising from these external resources.
We may include or recommend third-party resources, materials, developers, and/or links to third-party websites, content, and applications as part of, or in connection with, the Evernote Service.
Terms of Service, paragraph 34 · Citation strength: strong
Protections
3 findings
Safeguards and benefits for the user.
Protection95% confidence
No AI Training on User Content
The service states that they do not use your content to train artificial intelligence models or tools.
Why it helps: This helps protect your privacy by explicitly stating that your personal notes and content will not be used to develop or improve their AI systems, which could otherwise expose your data.
We do not use what you provide to, or receive from, those features to train artificial intelligence models or tools.
Terms of Service, paragraph 15 · Citation strength: strong
Protection95% confidence
Option to Opt Out of Arbitration
You may opt out of the mandatory arbitration requirement within 30 days of your first use of the service after the arbitration agreement has been introduced or updated.
Why it helps: This provides a window for you to retain your right to pursue legal action in court, including class-action lawsuits, rather than being forced into individual arbitration.
YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS OF YOUR FIRST USE OF THE EVERNOTE SERVICE AFTER THE ARBITRATION AGREEMENT HAS BEEN INTRODUCED OR UPDATED. INSTRUCTIONS FOR OPTING OUT ARE IN THE SAME SECTION FURTHER BELOW.
Terms of Service, paragraph 8 · Citation strength: strong
Protection95% confidence
Deletion of Content Upon Account Closure
When you close your account, your content will be automatically deleted from the service and cannot be accessed or recovered by you or the service.
Why it helps: This ensures that your data is permanently removed from the service upon account termination, enhancing your control over your personal information.
When you close your Evernote account, your Content will be deleted automatically from the Evernote Service and your Content can no longer be accessed or recovered by you or us.
Terms of Service, paragraph 31 · Citation strength: strong
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