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 * Why Evernote
 * Solutions
   * Note taking
   * Self organizing
   * Productivity
   * Teams
 * Explore
   * AI features
   * Collaboration
   * Web Clipper
   * Advanced search
   * Document scanning
   * Personalization
   * Tasks
   * Calendar
 * Pricing

 * Log in

Download
 * Why Evernote
 * Solutions
    * Note taking
    * Self organizing
    * Productivity
    * Teams

 * Explore
    * AI features
    * Collaboration
    * Web Clipper
    * Advanced search
    * Document scanning
    * Personalization
    * Tasks
    * Calendar

 * Pricing

 * Log in

Download


TERMS OF SERVICE

For Evernote Accounts created on or after January 13, 2024, these Terms are
effective as of the date the Account is created. For existing Evernote Accounts
created prior to January 13, 2024, these Terms are effective as of February 15,
2024 or the date when the Terms are accepted in-app, whichever is earlier. Until
that date, the prior version of the Terms will remain in effect for existing
Evernote Accounts

Welcome to Evernote! We invite you to access our websites and use the Evernote
Service, but please note that your invitation is subject to your agreement with
these Terms. This document describes in detail your rights and our rights
relating to the provision of the Evernote Service, so please review these Terms
carefully. Capitalized terms that are not defined in this document are defined
in our Glossary. 


WHAT ARE THE TERMS OF SERVICE?

The Terms of Service constitute a contract between you and us. The Terms of
Service include the provisions set forth in this document and in the Evernote
Commercial Terms, User Guidelines, IP Compliance Program, Supplemental Terms,
and if applicable the Evernote Business Agreement or Evernote Teams Agreement,
and other terms or conditions that may be presented by us and accepted by you
from time to time in connection with specific Evernote Service offerings (all of
which we collectively refer to as the “Terms”). 

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. (SEE THE SECTION FURTHER BELOW IN
THESE TERMS TITLED “WHAT DO I DO IF I THINK I HAVE A CLAIM AGAINST EVERNOTE?”).
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.



If you do not agree to these Terms, you do not have the right to access or use
the Evernote Service. If you do register for or otherwise use the Evernote
Service you shall be deemed to confirm your acceptance of the Terms and your
agreement to be a party to this binding contract. 



By using the Evernote Service, you acknowledge the Privacy Policy, including,
without limitation, the use and treatment of the Content in your account and
your personal information in accordance with such Privacy Policy.


WHAT IS THE EVERNOTE SERVICE?

The Evernote Software and other products, services and websites made available
to you by Evernote, including downloadable applications, App Center, User Forum,
and Help & Learning are collectively referred to in these Terms as the “Evernote
Service.” In exchange for being enabled to use the Evernote Service, you agree
to abide by these Terms.


IF THIS IS A CONTRACT, WHO ARE THE PARTIES?

You, the Account Holder, are one party to this contract. (An Account Holder is
the person or entity who has contracted with Evernote.) 



If you reside anywhere other than in Brazil, then Evernote Corporation, a
Delaware corporation headquartered in California, USA is the distributor of the
Evernote Service and is another party to this contract. If you reside in Brazil,
then Evernote do Brasil Serviços de Aplicações Ltda., a Brazilian company
headquartered in the city of São Paulo, State of Sao Paolo, Brazil (“Evernote
Brasil”) is the distributor of the Evernote Service and another party to this
contract instead of Evernote Corporation. Additionally, Bending Spoons S.p.A.,
an Italian company headquartered in Milan, Italy (“Bending Spoons”), is the
owner and operator of the Evernote Service and is a party to this contract in
that capacity. Evernote Corporation, Evernote Brasil, and Bending Spoons may be
referred to in these Terms, when applicable, as “we” and “us.”



On some occasions, you may be purchasing products or service subscriptions from
an authorized reseller. Please review our Commercial Terms for information about
additional contract terms relating to such purchases.


IS THIS THE ONLY CONTRACT THAT APPLIES TO THE EVERNOTE SERVICE?

It depends upon how you interact with the Evernote Service and our software
applications. If you install any Evernote Software on your computing devices,
you may be asked to agree to an end user license agreement. If you pay for an
Evernote subscription, you will be asked to agree to the Commercial Terms. If
you use related Evernote products or services (such as Evernote Teams) or
participate in our User Forum, you may also need to enter into a separate
agreement with us (usually by clicking “accept” or “agree”). We refer to each of
these as a “Separate Agreement.” If that happens, the Separate Agreement shall
take precedence if there is a conflict between those terms and this Terms of
Service document, to the extent of such conflict and with respect to the
particular subject matter of that Separate Agreement.


WILL THESE TERMS EVER CHANGE?

These Terms may be amended as new features, technology, or legal requirements
arise, so please check back from time to time. If we make a significant change,
we’ll notify you and, where required, seek your consent.



If we do update these Terms, you are free to decide whether to accept the
updated terms or to stop using the Evernote Service (see “How is My Account
Closed” below); your continued use of the Evernote Service after the
effectiveness of that update will be deemed to represent your agreement with,
and consent to be bound by, the new Terms. Except for changes made by us as
described here, no other amendment or modification of these Terms shall be
effective unless set forth in a written agreement expressly amending these Terms
and bearing a written signature by you and us. For clarity, email or other
communications will not constitute an effective written agreement for this
purpose.


WHAT DO I HAVE TO DO TO USE THE EVERNOTE SERVICE?

First, you need to create an Evernote Service account. You create an account by
providing us with an email address and creating a password. (Some older accounts
also required a username.) We refer to this as your “Basic Subscriber
Information”. We encourage you to use a distinct and non-obvious password that
is different from passwords you use for any other service. 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. If you discover any
unauthorized use of your Basic Subscriber Information or suspect that anyone may
be able to access your private Content without authorization, you should
immediately change your password and notify our Customer Support team.



Second, you will need to access your account through a web browser or by
installing our client software on your computers, tablets and phones. Obtaining
those devices and paying for their connectivity and data plans is your
responsibility. We have no responsibility for the availability of the Internet
and other telecommunication services necessary to access the Evernote Service.


CAN I SHARE MY ACCOUNT WITH SOMEONE ELSE?

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. Since you may use a free Evernote Service account, and
since the Evernote Service provides a number of mechanisms to allow you to share
your account Content with others, we strongly urge you not to share your
information with anyone, unless you are doing so as part of your estate planning
purposes, as discussed below.


ONCE I HAVE AN ACCOUNT, WHAT ARE MY RIGHTS IN THE EVERNOTE SERVICE?

Once your account is created and you accept these Terms, you may access and use
the Evernote Service subject to these Terms, for so long as you are not barred
from receiving the Evernote Service under the laws applicable to you, until you
close your account voluntarily or until we close your account pursuant to these
Terms. 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.


EVERNOTE’S DATA PROTECTION LAWS SAY MY DATA IS MINE – WHAT DOES THAT MEAN?

You retain copyright and any other rights you already held in your Content
before you submitted, posted or displayed it on or through the Evernote Service.
But you do have to grant us a limited license, as described below, so we can
make your data accessible and usable on the Evernote Service. Other than this
limited license and other rights you grant in these Terms, we acknowledge and
agree that we do not obtain any right, title or interest from you under these
Terms in any of your Content.


WHAT IS THE LICENSE I HAVE TO GRANT TO YOU?

In order to allow us to operate and distribute the Evernote Service, you must
provide certain limited license rights to process your Content that is covered
by intellectual property rights so that technical actions taken in operating the
Evernote Service are not considered legal violations. For example, copyright
laws could prevent us from processing, maintaining, storing, backing-up and
distributing certain Content, unless you provide these rights. 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, e.g., making sure content is viewable on smartphones as well as
computers and other devices) and reproduce such Content to enable us to operate
and offer the Evernote Service. You also agree that we have the right to elect
not to accept, post, store, display, publish or transmit any Content in our sole
discretion. 



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.



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. We do not assume any responsibility for, or liability on account of,
the actions or omissions of such third-party applications or service providers.



As we rely upon your rights to upload and distribute your Content, you represent
and warrant that (1) you have the unfettered legal rights and authority to
submit your Content to the Evernote Service, to make any other use, publication
or other distribution of that Content in your use of the Evernote Service, and
to grant the rights granted to us under these Terms; and (2) your Content
complies with our User Guidelines and these Terms.

Finally, you understand and agree that, in performing the required technical
steps to provide the Evernote Service to our users, we may make such changes to
your Content as are necessary to conform and adapt that Content to the technical
requirements of connecting networks, devices, services or media. 


WHAT OTHER ASSURANCES DO I HAVE TO GRANT TO YOU?

When you use the Evernote Service to send messages to an email address, to a
telephone number via SMS, or through a social media account (e.g., Facebook or
LinkedIn) that has not been linked to an Evernote account, the Evernote Service
sends such messages on your behalf, and we rely on your representation that you
have a direct relationship with the recipient(s) and that you are respecting the
legal rights of the recipient(s) not to receive certain kinds of messages (such
as harassing messages, unsolicited commercial messages, and unwanted SMS
messages). Whenever you send any kind of message to a third party you represent
and warrant that you are acting within the law and that you have prior consent
from the recipient to send them such a message.


ARE THERE RULES ABOUT WHAT I CAN DO ON THE EVERNOTE SERVICE?

Yes. Your use of the Evernote Service must be in accordance with these Terms.
When it comes to your use of the Evernote Service, you agree that you are
responsible for your own conduct and all conduct under your account. You agree
to safeguard your password and to keep your Basic Subscriber Information
current. You also agree that you will not share your account credentials or give
others access to your account. In addition, you understand that all Content
created, transmitted, stored or displayed in your account, is your sole
responsibility as the person who created the Content or introduced it into the
Evernote Service. This applies whether the Content is kept private, shared or
transmitted using the Evernote Service or any third-party application or
services integrated with the Evernote Service. Our User Guidelines provide more
specific details regarding prohibited conduct on the Evernote Service. 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.


I’M GUESSING YOU HAVE SOME RIGHTS RELATING TO THE EVERNOTE SERVICE?

We do. They’re described here:



CONTENT RIGHTS.

While you own the Content you store within the Evernote Service (subject to
third party rights), you acknowledge and agree that Bending Spoons (and its
licensors) own all legal right, title and interest in and to the Evernote
Service, including, without limitation, all software that is part of the
Evernote Service and all Evernote Software.



INTELLECTUAL PROPERTY RIGHTS.

In agreeing to these Terms, you also agree that the rights in the Evernote
Service and Evernote Software, including all intellectual property rights, such
as trademarks, patents, designs and copyrights, are protected by one or more of
copyright, trademark, patent, trade secret and other laws, regulations and
treaties, in addition to these Terms and any Separate Agreement. In particular,
you agree to not modify, create derivative works of, decompile or otherwise
attempt to extract source code from any Evernote Software, unless you are
expressly permitted to do so under an open source license, we give you express
written permission or you are otherwise legally permitted to do so
notwithstanding this prohibition. 



RIGHT TO MODIFY THE EVERNOTE SERVICE.

We retain the right, in our sole discretion, to implement new elements as part
of and/or ancillary to the Evernote Service, including changes that may affect
the previous mode of operation of the Evernote Service or Evernote Software. We
expect that any such modifications will enhance the overall Evernote Service,
but it is possible that you may not agree with us. 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.
For example, if you use a free version of the Evernote Service, you will not
enjoy all of the benefits provided to subscribers of Evernote's Paid Service
offerings. 



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. 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. Upon receipt of any such request, we will endeavor to
promptly remedy the adverse impact caused by the modification, extend the
duration of your Paid Service subscription for a period of time equal to the
interruption and/or refund a portion of your Paid Service subscription fee equal
to the remaining unused term of the Paid Service subscription, as we determine
appropriate or as may be required by applicable law.



RIGHT TO ENGAGE THIRD PARTIES.

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. In addition, we may contract with third-party resellers of the
Paid Service and payment processors to enable payments in your local currency
and payment systems. Please see our Privacy Policy to understand the extent to
which any affiliate or third party may have access to your account information
or Content and our Commercial Terms to understand our relationship with any
reseller or payment processor. 



RIGHT TO USE THIRD-PARTY SOFTWARE.

We may from time to time include as part of the Evernote Service and Evernote
Software computer software supplied by third parties which is utilized by
permission of the respective licensors and/or copyright holders on the terms
provided by such parties. We provide information about some of this third-party
software here and within the particular Evernote Software. Evernote expressly
disclaims any warranty or other assurance to you regarding such third-party
software. 



RIGHT TO UPDATE OUR SOFTWARE.

In connection with any modification of the Evernote Service, we may
automatically download software updates on your computers and devices from time
to time with the intention of improving, enhancing, repairing and/or further
developing the Evernote Service. We will endeavor to provide you with the option
of whether or not to install the update; however, in certain circumstances
(e.g., security risks), we may require you to install the update to continue
accessing the Evernote Service. In all cases, you agree we may deliver these
updates to you (and you agree to receive them) as part of your use of the
Evernote Service.


DO THESE TERMS APPLY TO EVERNOTE BUSINESS AND TEAMS USERS?

If you are using the Evernote Service as part of a Multi-Seat Account (Evernote
Business or Teams), your use of the Evernote Service is governed by these Terms,
except to the extent the Separate Agreement governing your account provides
conflicting terms. If you subscribed through our online Evernote Business
Agreement, your subscription will now be governed by the Evernote Teams
Agreement. The Customer who has contracted with Evernote and the Administrator
of the account (as “Customer” and “Administrator” are defined in the applicable
agreement) have the responsibility to and agree to share the terms of such
Separate Agreement with each individual End User whose user account is linked to
the Evernote Teams Account.

If you are an End User of such an account, please note that the Customer of your
account (such as your employer or organization) may have established its own
rules regarding End Users’ access, use, disclosure, or retention of data stored
in that account. If you registered your Individual Account in connection with a
legacy Evernote Business Account before September 15, 2017, you can find more
information on how to update that Individual Account with your personal email
address in this Help and Learning article.


HOW DO WE RESPOND TO COPYRIGHT OR OTHER INTELLECTUAL PROPERTY VIOLATIONS?

We respond to clear and complete notices of alleged infringement of copyright,
trademark or other intellectual property laws that satisfy the requirements in
these Terms (which comply with the United States Digital Millennium Copyright
Act and other applicable laws). If you believe that your intellectual property
rights have been violated, please notify our Compliance team according to the
instructions provided by our IP Rights Compliance Program and your notification
will be processed in accordance with our policies and as contemplated by law.
Account Holders who are deemed repeat infringers pursuant to Evernote’s Repeat
Infringer Policy will, in appropriate circumstances, be terminated pursuant to
that policy. Note that each owner of intellectual property is responsible for
protecting their rights and taking any legal or other action they determine to
be appropriate to do so, and we do not accept any obligation to take any
particular action to enforce or protect any party’s intellectual property rights
on their behalf.


CAN KIDS USE EVERNOTE?

Evernote is not directed to minors, and any use by minors should only be done
with the guidance, supervision and consent of their parents, guardians and/or
authorized school officials. Further, we rely on parents and guardians to ensure
minors only use the Evernote Service if they can understand their rights and
responsibilities as stated in these Terms and our Privacy Policy. 



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. 


WHERE DOES MY DATA GO?

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.


HOW IS MY ACCOUNT CLOSED?

You may deactivate your account with the Evernote Service at any time, for any
reason (or no reason). However, if you want to deactivate your account you need
to take certain specific steps, which are described in our Help & Learning
article entitled “How do I deactivate my account?”. If you subscribe to a Paid
Service, you will need to cancel your subscription pursuant to our Commercial
Terms. 



We may act to temporarily limit your use of the Evernote Service, suspend access
to your account, or close your account, with or without notice according to
these Terms. 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.



In most cases, in the event we elect to close your account, we will provide at
least 30 days advance notice to you at the email address you have provided to
us, so you have a chance to retrieve any Content stored on the Evernote Service
servers (unless we determine that we are legally prohibited from providing such
notice or enabling you to do so). After the expiration of this notice period,
you will no longer be able to retrieve Content contained in that account or
otherwise use the Evernote Service through that account.


WHAT HAPPENS TO MY ACCOUNT WHEN I DIE?

Our pledge to protect the privacy of your Content will continue, even after your
death or incapacity. If you wish to enable someone to have access to your
Content or other data in your account after you are no longer able to provide
them access, you need to implement a process for providing your information to
them. We will not provide your information, or your Content, to anyone, even
next of kin, unless we determine that we are legally obligated to do so. We
encourage you to include your Basic Subscriber information, with instructions on
how to access your Content, in your will or other estate plans, so that anyone
you wish to have access to your account will have the means to do so. Please see
our Commercial Terms for information on terminating payment for Paid Services
upon death or incapacity. 


IF I HAVE A GREAT IDEA TO SHARE WITH YOU, WHAT ARE MY RIGHTS?

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
consideration or in development; (v) your Contributions automatically become our
property without any obligation to you; and (vi) you are not entitled to any
accounting, compensation or reimbursement of any kind from us under any
circumstances.


DOES EVERNOTE SERVE ADS?

Our business model is to make the Evernote Service so valuable that our users
will want to subscribe to a Paid Service. However, we may display advertisements
and promotions on or in connection with the Evernote Service, some of which may
be paid for by third parties. For more information, please see our Privacy
Policy and Cookie Notice. 



Some advertising or other messaging content we provide will be based upon
information provided by third parties, and we shall not be responsible or liable
for any loss or damage of any sort incurred by you as a result of any
advertisements or other messages. Furthermore, your interactions with
advertisers found on or through the Evernote Service, including, without
limitation, all reliance upon advertising, all commercial transactions and legal
obligations associated therewith, are solely between you and such advertisers.


WHAT ELSE DO I NEED TO KNOW?

THIRD-PARTY LINKS, CONTENT AND PROGRAMMING.

We may include or recommend third party resources, materials and developers
and/or links to third party websites, content and applications as part of, or in
connection with, the Evernote Service. 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. 



EARLY ACCESS SERVICES.

We may offer you the opportunity to access features in a preview or early access
status (“Early Access Services”). If you choose to access and use any Early
Access Services, you agree that: (i) you are responsible for any use and access
to the Early Access Services originating from your account; (ii) the Early
Access Services (including any feature names) are the property of Evernote; and
(iii) the Early Access Services are experimental, pre-release, and may not
function as expected.



Any feedback and other information provided by you or derived by us in
connection with the Early Access Services may be used by us to improve or
enhance the Evernote Service and we shall have a non-exclusive, perpetual,
irrevocable, royalty-free, worldwide right and license to use, modify and
otherwise exploit such feedback and information without restriction, provided
that the public disclosure of any such feedback or information identifiable to
you shall only be by the mutual agreement of you and us.

If you choose to use any Early Access Services, you agree that we shall have no
obligation to support or provide support services to you relating to the Early
Access Services or any updates thereto, even though we may make such services
available to you at our sole discretion. You further agree that the Indemnity,
Limitation of Liability and Disclaimer of Warranties, and Exclusions and
Limitations sections below will apply to the Early Access Services too.



INDEMNITY.

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). In the event of such claim, we will endeavor
to provide notice of the claim, suit or action to the contact information we
have for the account, provided that any failure to deliver such notice to you
shall not eliminate or reduce your indemnification obligation hereunder.



LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.

To the maximum extent permitted by law, the Evernote Service Is Available “As
Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

 1. 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.
 3. WE DO NOT WARRANT THAT (i) THE EVERNOTE SERVICE WILL MEET ALL OF YOUR
    REQUIREMENTS; (ii) THE EVERNOTE SERVICE WILL BE UNINTERRUPTED, TIMELY,
    SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE EVERNOTE SOFTWARE OR
    EVERNOTE SERVICE WILL BE CORRECTED.
 4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
    EVERNOTE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY
    RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA
    RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
 5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US,
    OR THROUGH OR FROM THE EVERNOTE SERVICE, SHALL CREATE ANY WARRANTY NOT
    EXPRESSLY STATED IN THESE TERMS.
 6. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, AND OUR SUBSIDIARIES, PARENTS,
    AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE
    OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR
    ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
    DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
    GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN
    ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR
    THE INABILITY TO USE THE EVERNOTE SERVICE OR TO USE PROMOTIONAL CODES OR
    EVERNOTE POINTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES
    RESULTING FROM ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR
    MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE EVERNOTE
    SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION
    OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
    THIRD PARTY ON OR USING THE EVERNOTE SERVICE, OR PROVIDING ANY SERVICES
    RELATED TO THE OPERATION OF THE EVERNOTE SERVICE; (v) OUR ACTIONS OR
    OMISSIONS IN RELIANCE UPON YOUR BASIC SUBSCRIBER INFORMATION AND ANY CHANGES
    THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE
    CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT; (vii) THE
    ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE EVERNOTE
    SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY
    ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF
    YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (x) ANY OTHER
    MATTER RELATING TO THE EVERNOTE SERVICE.

EXCLUSIONS AND LIMITATIONS.

NOTHING IN THESE TERMS (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS
INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH
MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF
CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR
JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.


IF YOU HAVE TO SEND ME NOTICE OF SOMETHING, HOW WILL THAT HAPPEN?

This is another reason why it’s important for you to make sure your Basic
Subscriber Information is accurate, complete and up to date. We may provide you
with notices by email (to the email address associated with your account),
regular mail or postings on the website(s) related to the affected Evernote
Service.


HOW CAN I SEND A NOTICE TO YOU?

Except where these Terms or any Separate Agreement specifically provide for use
of a different means or address for notice, any notice to us must be delivered
by email to compliance@evernote.com. This email address may be updated as part
of any update to these Terms. If you are unable to deliver notice via email, you
may send a notice to us at the following address (as applicable to your Evernote
Service distributor): 



Evernote Corporation
12671 High Bluff Drive, Suite 100
San Diego, California 92130 USA
Attention: Legal Notice



Evernote Do Brasil Serviços De
Aplicações Ltda
Federal Taxpayer Registration CNPJ/MF no 17.566.240/0001-50
Avenida Paulista, no 2.300
Andar Pilotis
Edifício São Luiz Gonzaga
CEP: 01310-300, São Paulo/SP
Attention: Legal Notice


ARE THERE COUNTRIES WHERE I’M NOT ALLOWED TO USE EVERNOTE?

You may not use or otherwise export the Evernote Service or any Evernote
Software except as authorized by United States (“U.S.”) law and the laws of the
jurisdiction in which the Evernote Service is hosted or where you use the
Evernote Service. In particular, but without limitation, the Evernote Software
may not be (i) exported or re-exported into any countries that are subject to
U.S. economic sanctions or (ii) provided to or used by anyone on the U.S.
Department of the Treasury's lists of Foreign Sanctions Evaders or Specially
Designated Nationals or the U.S. Department of Commerce Denied Persons,
Unverified, or Entity lists. By using the Evernote Service, you represent and
warrant that you are not located in any such country or on any such list, and
shall not use the Evernote Service, or provide access to or use of the Evernote
Service to anyone, in any such country. In addition, you are responsible for
compliance with applicable export control, economic sanctions and related laws
when you travel across international borders and access your Content.


WHAT LAW APPLIES TO MY USE OF EVERNOTE?

If you are a resident of any country other than Brazil, these Terms and the
relationship between you and us (including any dispute) shall be governed in all
respects by the laws of the State of California, U.S., as they apply to
agreements entered into and to be performed entirely within California between
California residents, without regard to its conflict of law provisions. 



If you reside in Brazil, these Terms and the relationship between you and us
(including any dispute) shall be governed in all respects by the laws of Brazil
and shall be considered to have been made and accepted in Brazil, without regard
to conflict of law provisions.



If any provision of these Terms is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties’ intentions as reflected in the provision, and the
other provisions of the Terms remain in full force and effect.


WHAT DO I DO IF I THINK I HAVE A CLAIM AGAINST EVERNOTE?

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND US TO ARBITRATE
CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF
FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND US FROM SUING IN COURT OR HAVING
A JURY TRIAL. YOU AND WE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL
BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF
REPRESENTATIVE PROCEEDING. WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A
JURY. 



THE PARTIES ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE
THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT
INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.



FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO
ARBITRATE ON AN INDIVIDUAL BASIS.



FIRST, LET US KNOW ABOUT YOUR COMPLAINT

We want to know if you have a problem so we encourage you to contact our
Customer Support team if you have any concerns with respect to the operation of
the Evernote Service or any Evernote Software, as we want to ensure that you
have an excellent experience. 



INITIATING A FORMAL CLAIM

If you conclude that we have not satisfied your concern and that you must pursue
legal action, you agree that your claim must be resolved by the processes set
forth in these Terms. The Evernote Service is being provided to you on the
condition that you accept the dispute resolution provisions described below, so
if you initiate any claim against us in any other manner, you shall be in
violation of these Terms, and you agree that we shall be entitled to have such
action dismissed or otherwise terminated and you agree to reimburse us for our
reasonable costs incurred in defending against such improperly initiated claim. 



Notice and Informal Resolution. You agree that prior to initiating any formal
proceedings against us, including arbitration proceedings, you will send us a
notice to our attorneys at legalnotice@evernote.com and state that you are
providing a “Notice of Dispute.” We agree that prior to initiating any formal
proceedings against you, including arbitration proceedings, we will send a
notice to the email address associated with your account, and will state that we
are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you
and we shall attempt to resolve the dispute through informal negotiation within
sixty (60) days from the date the Notice of Dispute is sent (“Informal
Resolution Period”). If the dispute remains unresolved, either you or we may
initiate formal proceedings according to these Terms. 



Except where our dispute is being resolved pursuant to an arbitration (as
provided below), if you are a resident of anywhere other than Brazil, you agree
that any claim or dispute you may have against us must be resolved exclusively
by a state or federal court located in San Diego County, California, U.S. You
agree to submit to the exclusive personal jurisdiction of the courts located
within San Diego County, California, U.S. (and, for the avoidance of doubt, to
exclude the jurisdiction of any other court) for the purpose of litigating all
such claims or disputes.



Except where our dispute is being resolved pursuant to an arbitration (as
provided below), if you reside in Brazil, you agree that any claim or dispute
you may have against us must be resolved exclusively by the courts in São
Paolo-SP, Brazil. You agree to submit to the exclusive personal jurisdiction of
the courts located within São Paolo-SP, Brazil (and, for the avoidance of doubt,
to exclude the jurisdiction of any other court) for the purpose of litigating
all such claims or disputes. 



ALTERNATIVE DISPUTE RESOLUTION PROCESS

Unless you are subject to the Arbitration Agreement set out below, and subject
to any applicable laws, if a claim arises between you and us where the total
value of such claim is less than US$10,000, the party initiating the claim may
elect to have the dispute resolved pursuant to a binding arbitration process
that does not require attendance in person. This “Alternative Dispute Resolution
Process” shall be initiated by either party sending notice to the other, in
which event you and we agree to use our reasonable efforts to agree within
thirty (30) days upon an individual or service to manage the Alternative Dispute
Resolution Process (the “Arbitration Manager”) according to the following
requirements: (i) neither party shall be required to attend any proceeding in
person, (ii) the proceeding will be conducted via written submissions, telephone
or online communications or as otherwise agreed upon, (iii) the fees for the
Arbitration Manager (including filing fees, case management fees, and hearing
fees), will be borne equally by the parties or be submitted to the Arbitration
Manager to determine as part of the dispute, (iv) claims shall be asserted only
on an individual basis and not as part of any purported class or representative
action or proceeding, (v) claims that are part of “Coordinated or Mass
Arbitration Filings” (as that term is defined in the Arbitration Agreement)
shall be adjudicated to the greatest extent possible under applicable law by the
procedures for Coordinated or Mass Arbitration Filings detailed in the
Arbitration Agreement, and (vi) the judgment rendered by the Arbitration Manager
may be entered in any court of competent jurisdiction for enforcement. 



If you are a consumer resident of the European Union (EU), you may refer your
complaint to the European Online Dispute Resolution Platform. Consumers may
obtain more information by visiting the European Commission’s Online Dispute
Resolution Platform site.



ARBITRATION AGREEMENT

If you reside in the United States or are otherwise subject to the U.S. Federal
Arbitration Act, you and we agree that any and all disputes or claims that have
arisen or may arise between us shall be resolved exclusively through final and
binding individual arbitration - except for (1) any dispute relating to the
enforcement or validity of your, our or either of our licensors’ intellectual
property rights and (2) any dispute that falls within the jurisdiction of small
claims court jurisdiction. The Federal Arbitration Act governs the
interpretation and enforcement of this Arbitration Agreement.



Binding Individual Arbitration

Subject to these Terms, claims between you and us may only be adjudicated by
binding individual arbitration conducted by National Arbitration and Mediation
(“NAM”), https://namadr.com, according to the Federal Arbitration Act, 9 U.S.C.
§ 1, et seq., (“FAA”) and NAM’s Comprehensive Dispute Resolution Rules and
Procedures in effect at the time the Claim arose (the “Rules”), as modified by
these Terms.

If NAM notifies the parties in writing (email suffices) that it is not available
to arbitrate any claim, then that claim may only be settled by binding
individual arbitration conducted by American Arbitration Association (“AAA”),
https://www.adr.org. For claims that must be arbitrated by AAA, if you are a
“Consumer,” meaning that you only use the Evernote Service for personal, family,
or household purposes, the then-current version of the AAA’s Consumer
Arbitration Rules apply to claims between you and us, as modified by these
Terms. For claims that must be arbitrated by AAA, if you are not a “Consumer,”
the then-current version of the AAA’s Commercial Arbitration Rules and Mediation
Procedures apply to claims between you and us as modified by these Terms.



These Terms affect interstate commerce, and the enforceability of this section
will be substantively and procedurally governed by the FAA to the extent
permitted by law. As limited by the FAA, these Terms, and the Rules, the
arbitrator will have exclusive authority to make all procedural and substantive
decisions regarding any claim and to grant any remedy or relief that would
otherwise be available in court, including the power to determine the question
of arbitrability.



Arbitration Procedure and Location
You or we may initiate arbitration of any claim not resolved during the Informal
Resolution Period by filing a demand for arbitration with NAM (or with AAA if
applicable).



Instructions for filing a demand for arbitration with NAM are available on the
NAM website or by calling NAM at 800-358-2550, and instructions for filing a
demand for arbitration with AAA are available on the AAA website or by calling
AAA at 800-778-7879. You will send a copy of any demand for arbitration to us by
certified mail addressed to 12671 High Bluff Drive, Suite 100, San Diego, CA
92130 or by email to legalnotice@evernote.com. We will send any demand for
arbitration to you by certified mail or by the email address associated with
your Evernote account.



The arbitration will be conducted by a single arbitrator in the English
language. You and we both agree that the arbitrator will be bound by these
Terms.



For claims in which the claimant seeks USD $10,000 or less, the arbitrator will
decide the matter solely based on written submissions, without a formal hearing,
unless the arbitrator decides that a formal hearing is necessary. For claims in
which the claimant seeks more than USD $10,000, or smaller matters in which the
arbitrator determines a hearing to be necessary, hearings shall be conducted by
video or telephone, unless the arbitrator determines an in-person hearing is
necessary. If an in-person hearing is required and you reside in the United
States, the hearing will take place in either San Diego, California or New York,
New York, unless the arbitrator determines that this would pose a hardship for
you, in which case the in-person hearing may be conducted in the claimant’s
state and county of residence. If you reside outside the United States, the site
of any in-person hearing will be determined by the applicable Rules.



The arbitrator (not a judge or jury) will resolve all claims in arbitration.
Unless you and we agree otherwise, any decision or award will include a written
statement stating the decision of each claim and the basis for the award,
including the arbitrator’s essential factual and legal findings and conclusions.



An arbitration award and any judgment confirming it apply only to that specific
case; they cannot be used or offered as precedent in any other case except to
enforce the award itself. Any arbitration decision or award may be enforced as a
final judgment by any court of competent jurisdiction or, if applicable,
application may be made to such court for judicial confirmation of any award and
an order of enforcement.



Arbitration Fees. Except for circumstances that amount to “Frivolous or Improper
Claims” or “Offers of Settlement” as both are described below, each party will
be responsible for arbitration fees in accordance with the applicable Rules and
these Terms.



Frivolous or Improper Claims. To the extent permitted by applicable law, a
claimant must pay all costs and fees incurred by the defending party—including
arbitration, attorney, and expert fees—related to a claim if an arbitrator
determines that (i) the claim was frivolous or (ii) the claim was filed for any
improper purpose, such as to harass the responding party, cause unnecessary
delay, or needlessly increase the cost of dispute resolution.



Offers of Settlement. Either party may, but is not obligated to, make a written
settlement offer for a claim. If an arbitration decision or award is later
issued that is less favorable to a party than the latest written offer of
settlement that party rejected, that party must pay all arbitration costs and
fees incurred by the other party after the written settlement offer was made.



Confidentiality. If you or we submit a claim to arbitration, you and we agree to
cooperate to seek from the arbitrator protection for any confidential,
proprietary, trade secret, or otherwise sensitive information, documents,
testimony, and other materials that might be exchanged or the subject of
discovery in the arbitration. You and we agree to seek such protection before
any such information, documents, testimony, or materials are exchanged or
otherwise become the subject of discovery in the arbitration.



Coordinated or Mass Arbitration Filings. If 25 or more Claimant Notices are
received by a party that raise similar claims and have the same or coordinated
counsel, these will be considered “Coordinated Claims” and will be treated as
mass filings or multiple case filings according to the Rules, if and to the
extent Coordinated Claims are filed in arbitration as set forth in these Terms.
You or we may advise the other of your or its belief that claims are Coordinated
Claims, and disputes over whether a claim meets the definition of “Coordinated
Claims” will be decided by the arbitration provider as an administrative matter.



Unless otherwise provided by the Rules, to increase the efficiency of
administration and resolution of arbitrations, you and we agree that in the
event that there are twenty-five (25) or more Coordinated Claims, NAM shall (1)
administer the arbitration demands in batches of 100 demands per batch (plus, to
the extent there are less than 100 demands left over after the batching
described above, a final batch consisting of the remaining demands), or in a
single batch if there are fewer than 100 demands in total; (2) appoint one
arbitrator for each batch; (3) be permitted to administer the batches
concurrently; (4) provide for the resolution of each batch as a single
consolidated arbitration with one set of filing and administrative fees due per
side per batch, one procedural calendar, one hearing (if any) in a place to be
determined by the arbitrator, and one final award (“Batch Arbitration”).
Arbitration awards in one batch of arbitration demands shall have no
precedential effect on subsequently administered batches.

You and we agree to cooperate in good faith with NAM to implement the Batch
Arbitration process including the payment of single filing and administrative
fees for batches of Arbitration Notices, as well as any steps to minimize the
time and costs of arbitration, which may include: (1) the appointment of a
discovery special master to assist the arbitrator in the resolution of discovery
disputes; and (2) the adoption of an expedited calendar of the arbitration
proceedings. This Batch Arbitration provision shall in no way be interpreted as
authorizing a class, collective and/or mass arbitration or action of any kind,
or arbitration involving joint or consolidated claims under any circumstances,
except as expressly set forth in this provision.



California Law Shall Apply. In all arbitration proceedings, the arbitrator will
decide the substance of all claims in accordance with the substantive laws of
the State of California, U.S., including recognized principles of equity, and
will honor all claims of privilege recognized by law. The arbitrator shall not
be bound by rulings in prior arbitrations involving different Evernote Service
users, but is bound by rulings in prior arbitrations involving the same user to
the extent required by applicable law. The arbitrator's award shall be final and
binding and judgment on the award rendered by the arbitrator may be entered in
any court possessing jurisdiction over the parties, except for a limited right
of appeal under the FAA.

Opting Out of the Arbitration Agreement.You have a right to opt out of this
updated February 15, 2024 Arbitration Agreement by sending us written notice via
email tooptout@evernote.comwithin thirty (30) days of your first use of the
Evernote Service or within thirty (30) days of the availability of this opt-out,
whichever is later.  If you do not opt out of the Arbitration Agreement, you
shall be bound to arbitrate disputes with us.  If you opt out of this updated
February 15, 2024 Arbitration Agreement and were previously subject to the
Arbitration Agreement in effect prior to February 15, 2024, then that prior
Arbitration Agreement shall remain as the agreement between us. If you are a new
user and did not previously consent to the prior Arbitration Agreement and you
choose to opt-out of this updated agreement, then we will also not be bound by
the Arbitration Agreement.  (Note that if you were using an Evernote Service
user prior to December 4, 2012, and formally elected to opt out of the
Arbitration Agreement pursuant to the procedures set out in our Terms that were
effective as of December 4, 2012, you are not subject to this Arbitration
Agreement.)



YOU AND WE AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY
BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF
ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS
THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE
AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM
WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY
FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY
ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN
FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO
PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF
AWARDED CANNOT AFFECT OTHER EVERNOTE USERS.



Except with respect to the Prohibition of Class and Representative Actions and
the requirements for Coordinated or Mass Arbitrations, if a court decides that
any part of this Arbitration Agreement is invalid or unenforceable, the other
parts of this Arbitration Agreement shall continue to apply. However, if a court
decides that the Prohibition of Class and Representative Actions or the
requirements for Coordinated or Mass Arbitrations is invalid or unenforceable,
then this entire Arbitration Agreement shall be null and void. The remainder of
these Terms and this Section (What Do I Do if I think I Have A Claim Against
Evernote?) will continue to apply.



CLAIMS ARE TIME-BARRED

You agree that regardless of any statute or law to the contrary or the
applicable dispute resolution process, any claim or cause of action you may have
arising out of or related to use of the Evernote Service or otherwise under
these must be filed within one (1) year after such claim or cause of action
arose or you hereby agree to be forever barred from bringing such claim.



The provisions of this section, entitled “Claims Are Time-Barred” shall be
deemed to constitute a separate written legally binding agreement by and between
you and us.



SPECIAL NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Evernote Service from
California are entitled to the following specific consumer rights notice: The
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or
(800) 952-5210. You may contact us via email at legalnotice@evernote.com or at:

Evernote Corporation
12617 High Bluff Drive, Suite 100
San Diego, California 92130 USA
Attention: Legal Notice


ANYTHING ELSE?

A couple of final, but important, points. First, these Terms constitute the
entire agreement between you and us, and govern your use of the Evernote
Service, except for, and then only to the extent that you have entered into a
Separate Agreement. These Terms supersede any prior agreements or earlier
versions of these Terms between you and Evernote for the use of the Evernote
Service as of the Effective Date indicated at the top of these Terms. If,
through accessing or using the Evernote Service, you utilize or obtain any
product or service from a third party, you may additionally be subject to such
third party’s terms and conditions applicable thereto, and these Terms shall not
affect your legal relationship with such third party. Second, you acknowledge
and agree that each affiliate of Bending Spoons shall be a third-party
beneficiary to these Terms and that such other companies shall be entitled to
directly enforce, and rely upon, any provision of these Terms which confers a
benefit on (or provides rights in favor of) them. Other than this, no other
person or company shall be a third-party beneficiary to these Terms. Finally,
the section headings in these Terms are for convenience only and have no legal
or contractual effect.



In the event of a conflict, the English language version shall govern.



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