Snapshot of the source text at fetch time, not a live mirror of the policy page.
Plain-English summary
This review of Evernote's Terms of Service identifies several areas of concern. Key issues include mandatory arbitration and class action waiver (risk_flags-1), liability for improper claims, limited company liability for service issues, and disclaimers of warranties (risk_flags-4). The terms also include a broad indemnification clause (risk_flags-5), the ability for the company to alter service without notice (risk_flags-6), and a lack of company liability for third-party content (risk_flags-7). Additionally, the company is granted a broad, irrevocable license to user content and can choose not to use user content. Users are also responsible for all account activity (gotchas-1) and the company is not liable for user account information security failures (gotchas-2).
90% confidence
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Risks to You
5 findings
Clauses that could pose a notable risk to you, from one-sided rights to limitations on recovery.
high95% confidence
Mandatory Arbitration and Class Action Waiver
The 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, a class action, other representative proceeding, or a jury trial.
Why it matters: You are required to resolve most disputes with the company through individual arbitration, waiving your right to participate in class-action lawsuits or have a jury trial.
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.
Evernote Terms of Service, paragraph 2 · Citation strength: strong
high90% confidence
Disclaimer of Warranties
The service is provided "as is" and "as available," and the company expressly disclaims all warranties and conditions, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Why it matters: You use the service at your own risk, with no guarantees about its quality, performance, or suitability for any particular purpose, and the company disclaims all express and implied warranties.
YOUR USE OF THE EVERNOTE SERVICE AND THE PURCHASE AND USE OF ANY SERVICES ARE ALL AT YOUR SOLE RISK. 2. THE EVERNOTE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM 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.
Evernote Terms of Service, paragraph 26 · Citation strength: strong
high90% confidence
Broad Indemnification Clause
You agree to indemnify and hold the company and its partners harmless from any claims, liabilities, damages, losses, and expenses arising from your use of the service, any violation of the terms, or other actions connected with your use, including all actions taken under your account.
Why it matters: You are broadly responsible for any legal claims, damages, and expenses the company incurs if they relate to your use of the service, your violation of the terms, or actions taken under your account.
You agree to indemnify and hold us, our subsidiaries, parents, 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 or any other actions connected with your use of the Evernote Service (including all actions taken under your account).
Evernote Terms of Service, paragraph 25 · Citation strength: strong
medium90% confidence
Company Can Alter Service Without Notice
The company reserves the right to establish limits to certain features, such as storage size or number of transmissions, and impose other limitations at any time, with or without notice.
Why it matters: The company can change or limit features, such as storage or transmission capacity, at any time without notifying you.
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.
Evernote Terms of Service, paragraph 15 · Citation strength: strong
medium90% confidence
Company Not Liable for Third-Party Content or Services
The company is not responsible or liable for the availability, content, materials, or performance of external third-party sites, content, or applications, and shall not be responsible or liable for any damage or loss caused by or in connection with their use.
Why it matters: If you use third-party sites, content, or applications linked from or recommended by the service, the company is not responsible for any issues or damages that may arise.
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.
Evernote Terms of Service, paragraph 22 · Citation strength: strong
Data Use & Permissions
2 findings
How the company collects, uses, and shares your data; what rights you have.
medium90% confidence
Company Can Un-share or Take Down Content
If the company finds that any shared content in your account violates its terms, including intellectual property or privacy rights, it reserves the right to un-share or take down such content.
Why it matters: Your shared content may be un-shared or removed by the company if it is found to violate their terms, including intellectual property or privacy rights.
If we find that any shared Content in your account violates our Terms (including by violating another person’s intellectual property or privacy rights), we reserve the right to un-share or take down such content.
Evernote Terms of Service, paragraph 12 · Citation strength: strong
medium90% confidence
Company Owns Your "Contributions"
When you submit ideas, suggestions, documents, and proposals (referred to as "Contributions"), you acknowledge and agree that your contributions do not contain confidential or proprietary information, the company is not obligated to keep them confidential, the company can use or disclose them for any purpose, the company may have similar ideas already, your contributions automatically become the company's property without obligation to you, and you are not entitled to any compensation.
Why it matters: Any ideas, suggestions, or proposals you submit to the company become their property, can be used or disclosed by them without confidentiality, and you will not be compensated for them.
When you submit any ideas, suggestions, documents and/or proposals relating to the Evernote Service (or other products or services) to us 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) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) we shall 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
Evernote Terms of Service, paragraph 21 · Citation strength: strong
Cancellation & Renewal
1 finding
How to cancel, how renewals work, and what happens if the company cancels on you.
medium90% confidence
Account Closure Without Notice
The company may temporarily limit your use, suspend access, or close your account with or without notice for reasons including breach of terms, extended inactivity (at their discretion), nonpayment, service discontinuance or modification, or technical/security issues.
Why it matters: Your account can be limited, suspended, or closed without prior notice for various reasons, including inactivity or nonpayment, potentially leading to immediate loss of access.
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 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.
Evernote Terms of Service, paragraph 20 · Citation strength: strong
Gotchas & Other Bad Stuff
2 findings
Catch-all for other problematic clauses that don't fit into the above categories.
medium90% confidence
You are Responsible for Account Activity
You are responsible for maintaining the accuracy, completeness, and confidentiality of your Basic Subscriber Information and for all activities that occur under your account, including those of others to whom you have provided this information.
Why it matters: You are fully responsible for all actions taken on your account, even if performed by someone else to whom you've given access.
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.
Evernote Terms of Service, paragraph 7 · Citation strength: strong
medium90% confidence
Company Not Liable for Your Account Information Security Failure
The company will not be liable for any loss or damage arising from your failure to provide accurate information or to keep your Basic Subscriber Information secure.
Why it matters: The company will not be held responsible for any losses or damages that occur if you fail to keep your account information accurate or secure.
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.
Evernote Terms of Service, paragraph 7 · Citation strength: strong
Protections for You
3 findings
Clauses that provide explicit and source-backed consumer benefits.
Protection90% confidence
Option to Opt-Out of Arbitration
You may opt out of the arbitration requirement within 30 days of accepting the terms or within 30 days of the availability of this opt-out, whichever is later. Instructions for opting out are provided.
Why it helps: You have a limited window to opt out of mandatory arbitration, preserving your right to pursue legal action in court.
YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS OR WITHIN 30 DAYS OF THE AVAILABILITY OF THIS OPT-OUT, WHICHEVER IS LATER. INSTRUCTIONS FOR OPTING OUT ARE IN THE SAME SECTION FURTHER BELOW.
Evernote Terms of Service, paragraph 2 · Citation strength: strong
Protection90% confidence
Children's Data Deletion Policy
The company does not knowingly collect personal information from minors without parental consent. If they learn that information has been inadvertently obtained in violation of applicable laws prohibiting collection from children without consent, they will promptly delete it.
Why it helps: The company commits to promptly deleting personal information inadvertently collected from minors without parental consent, adhering to legal requirements for children's privacy.
Consistent with applicable law, we do 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 collection of information from children without such consent, we will promptly delete it.
Evernote Terms of Service, paragraph 20 · Citation strength: strong
Protection90% confidence
Account Closure and Content Deletion
You may close your account at any time, for any reason. When you close your account, your content will be automatically deleted from the service and can no longer be accessed or recovered by you or the company.
Why it helps: You have the freedom to close your account whenever you choose, and upon closure, your content will be permanently deleted and inaccessible, ensuring your control over your data.
You may close your account with the Evernote Service at any time, for any reason (or no reason). 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 Evernote.
Evernote Terms of Service, paragraph 20 · Citation strength: strong
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