Snapshot of the source text at fetch time — not a live mirror of the policy page.
Plain-English summary
Evernote's Terms of Service include a mandatory arbitration clause and class-action waiver, meaning most disputes must be resolved individually outside of court (risk_flags-0001). The company reserves the right to modify or discontinue services, and they state they are not liable if these actions prevent you from accessing your content or result in its deletion (risk_flags-0002). Upon closing your account, your content will be automatically and permanently deleted (cancellation_renewal-0001). You are fully responsible for all activity under your account, and the company is not liable for loss or damage if you fail to keep your information secure or accurate (gotchas-0002).
92% confidence
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Risk Flags
Critical issues that could significantly impact users, such as limitations on legal rights or unexpected loss of data/access.
high95% confidence confidence
Mandatory arbitration and class-action waiver
Most disputes between you and the company must be resolved in binding, individual arbitration, and you waive your right to participate in a class-action lawsuit or other representative proceeding.
Why it matters: You are giving up your right to a trial by jury and your right to participate in class action lawsuits. Most disputes with the company will be resolved in individual arbitration.
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.
**What Are the Terms of Service?**, paragraph 2 · Citation strength: strong
high90% confidence confidence
Company can modify or discontinue services without liability
A variety of actions by the company may impair or prevent you from accessing your content or using the service, and the company has no responsibility or liability for these actions, including the deletion or failure to make available any content, or for modification, suspension, or discontinuance of any part of the service.
Why it matters: The company is not liable if its actions prevent you from accessing your content or using the service, including the deletion of content. The service may be modified, suspended, or discontinued without liability to the company.
You also acknowledge that a variety of our 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 we have 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.
**I’m Guessing You Have Some Rights Relating to the Evernote Service?**, paragraph 8 · Citation strength: strong
Data Use
How your data is collected, processed, and shared with others.
medium90% confidence confidence
Broad license to use your content
You grant the company a royalty-free, transferable, sub-licensable, worldwide and irrevocable license to your content for as long as it is stored with them. This includes the right for the company to make your content available to and pass these rights to third parties with whom they have contractual relationships for service provision, and to disclose your content to third parties if necessary to comply with legal obligations.
Why it matters: The company has broad rights to use, transfer, and sublicense your content, including making it available to third parties, as long as it is stored with them. This may allow them to use your content for purposes beyond what you might expect.
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 us to make such Content available to, and pass these rights along to, others with whom we have 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 we determine such access is necessary to comply with our legal obligations.
**What Is the License I Have to Grant to You?**, paragraph 2 · Citation strength: strong
medium90% confidence confidence
Data storage and international transmissions
Your data is stored in the United States. Your use of the service means you consent to interstate and potentially international data transmissions as your communications, including basic subscriber information and content, may be sent through networks owned or operated by the company or its service providers in the United States, Italy, and other countries.
Why it matters: Your data is stored in the United States, and using the service means your data may be transmitted across state lines and internationally, possibly to countries like Italy, by the company or its third-party service providers.
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 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 shall constitute your consent to permit such transmissions.
**Where Does My Data Go?**, paragraph 1 · Citation strength: strong
low90% confidence confidence
License for third-party integrations
If you use any third-party service or application integrated with the Evernote Service, the licenses granted to the company for your content will also apply to content submitted or uploaded through that third-party service or application. You also grant the company the right and license to enable third-party access to and extraction of your content if the third-party service or application you elect to use would access or extract content.
Why it matters: If you connect third-party services to Evernote, the company's license to your content extends to content submitted through those third-party services. You also grant the company rights to enable third parties to access and extract your content via these integrations.
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 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 us the right and license to enable third-party access to and extraction of your Content.
**What Is the License I Have to Grant to You?**, paragraph 3 · Citation strength: strong
low85% confidence confidence
Use of service providers
The company engages affiliates or other third parties ("Service Providers") to provide technical or other services for the Evernote Service, and you agree to their involvement.
Why it matters: The company uses third-party service providers for technical aspects of its service, and your use implies agreement to this practice.
We engage 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.
**I’m Guessing You Have Some Rights Relating to the Evernote Service?**, paragraph 10 · Citation strength: strong
Cancellation & Renewal
How subscriptions renew, how to cancel, and any associated refund or data implications.
high95% confidence confidence
Content deleted upon account closure
When you close your Evernote account, your Content will be automatically deleted from the Evernote Service and can no longer be accessed or recovered by you or Evernote.
Why it matters: Closing your account will result in the permanent deletion of all your content, and it will be unrecoverable by you or Evernote.
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.
**How is My Account Closed?**, paragraph 1 · Citation strength: strong
Gotchas
Potentially overlooked clauses that could disadvantage users.
medium85% confidence confidence
Non-exclusive license to company software
You are granted a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Evernote Software solely for using the Evernote Service, subject to any applicable license terms provided with the software and the terms, until your rights are terminated. You do not obtain any other right or interest in the Evernote Software or the Evernote Service.
Why it matters: You only receive a limited, non-exclusive license to use the software for its intended purpose and do not gain any ownership or other rights to the software or service.
In addition, you are granted a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Evernote Software provided to you 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 the Evernote Software or the Evernote Service.
**Once I Have an Account, What Are My Rights in the Evernote Service?**, paragraph 1 · Citation strength: strong
medium90% confidence confidence
Account Holder responsibility for activity under account
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 activities by anyone to whom you have provided your Basic Subscriber Information. The company is not liable for loss or damage due to your failure to provide accurate information or keep your Basic Subscriber Information secure.
Why it matters: You are fully responsible for all activities under your account, even if others access it with your information. Failing to keep your information accurate and secure means the company is not liable for any resulting loss or damage.
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.
**What Do I Have to do to Use the Evernote Service?**, paragraph 1 · Citation strength: strong
low90% confidence confidence
Account sharing is not recommended and comes with risks
Evernote Service accounts should not be shared. If you share your Basic Subscriber Information, the other person may control the account, and the company may not be able to determine the proper Account Holder or be liable for actions taken under such circumstances.
Why it matters: Sharing your account information could lead to another person taking control of your account, and the company will not be liable for any issues arising from such sharing.
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.
**Can I Share My Account with Someone Else?**, paragraph 1 · Citation strength: strong
Protections
Consumer-friendly clauses that offer significant benefits or safeguards.
Protection90% confidence confidence
Right to opt out of arbitration
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.
Why it helps: Allows you to retain your right to pursue legal action in court rather than being limited to arbitration, enabling potential participation in class action lawsuits.
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.
**What Are the Terms of Service?**, paragraph 2 · Citation strength: strong
Protection95% confidence confidence
Children's privacy protection
The service does not knowingly collect personal information from minors without parental consent. If such information is inadvertently obtained in violation of applicable laws, it will be promptly deleted.
Why it helps: Protects minors' privacy by ensuring personal information is not knowingly collected without parental consent and is promptly deleted if inadvertently obtained.
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.
**Can Kids Use Evernote?**, paragraph 2 · Citation strength: strong
Protection85% confidence confidence
Refunds or extensions for paid service modifications
If you are a subscriber to a Paid Service and find that modifications or interruptions adversely affect you, you may notify Customer Support, explain the impact, and request a termination. The company will endeavor to remedy the adverse impact, extend your subscription, and/or refund a portion of your subscription fee as determined appropriate or required by law.
Why it helps: Provides a potential avenue for recourse, including refunds or service extensions, if paid service modifications or interruptions negatively impact your experience.
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.
**I’m Guessing You Have Some Rights Relating to the Evernote Service?**, paragraph 8 · Citation strength: strong
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