Evernote

Severity 3 · notable

“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.”

Evernote stores your data in the United States. When you use the service, Evernote transmits your data through networks in the United States, Italy, and other countries, and your use constitutes consent to these transmissions.

Your data resides in the US, and Evernote sends it internationally, meaning it is subject to the data privacy laws of the US and other countries it passes through.

Severity 4 · material

“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. If you subscribe to a Paid Service, you will need to cancel your subscription pursuant to our Commercial Terms prior to closing your account.”

When you close your account, Evernote automatically deletes your content, making it unrecoverable by you or Evernote. If you have a paid subscription, Evernote requires you to cancel it first according to their Commercial Terms.

You lose all your data permanently upon account closure, and you must follow a specific process to cancel paid services before closing your account.

Severity 4 · material

“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.”

Evernote limits its liability for all direct, indirect, and consequential damages, including lost profits or data, arising from your use or inability to use the service, unauthorized access to your data, third-party actions, or account termination.

You cannot sue Evernote for most damages, even if their service causes you significant financial loss, data loss, or other harm.

Severity 4 · material

“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.”

You agree to indemnify Evernote and its partners against all claims, liabilities, and expenses, including legal fees, arising from your use of the service, any terms violation, or actions taken under your account. Evernote's failure to notify you does not reduce your obligation.

You are financially responsible for defending Evernote against third-party claims related to your use of the service, potentially incurring significant legal costs.

Severity 4 · material

“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 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 reserves the right to implement new features or change existing operations, which may alter how the service functions. Evernote also imposes limits on features like storage, transmissions, and content access at any time, with or without notice.

Evernote can unilaterally change service features, functionality, and impose new usage limits without warning, potentially disrupting your workflow or access to your data.

Severity 3 · notable

“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.”

Evernote updates its terms, and your continued use of the service after an update signifies your agreement and consent to the new terms. You can stop using the service if you do not accept the changes.

Evernote can change its terms at any time, and by continuing to use the service, you automatically agree to any new conditions without explicit consent.