Fine Print

See what you've agreed to, in one list.

What Evernote's terms say

D privacy grade · evernote.com · Productivity & cloud

Evernote's terms of service and privacy policy have 88 rated points: 3 serious, 21 bad, 37 worth knowing and 27 good. 61 apply whenever you use the site, signed in or not; 27 only once you have an account.

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Signed in or not

Whenever you use Evernote

Serious 1

  • Your personal information may be collected, regardless of whether you interacted directly with the service or not

    Your data is collected even if you did not interact with the service directly

Bad 20

  • You waive your right to a class action

  • You are forced into binding arbitration in case of disputes

  • Instead of asking directly, this Service will assume your consent to changes of terms merely from your usage

  • If you offer suggestions to the service, they become the owner of the ideas that you give them

  • You have a reduced time period to take legal action against the service

  • Certain features may be throttled

    Your use is throttled

  • Your data is processed and stored in a country that is less friendly to user privacy protection

    Your data is processed and stored in a country that is less friendly to user privacy protection (U.S.A.)

  • Your data may be processed and stored anywhere in the world

  • No guarantee is made regarding the correction of software errors

    The service does not guarantee that software errors will be corrected

  • This service assumes no liability for unauthorized access to your personal information

  • Information is gathered about you through third parties

  • Location data may be collected, used and/or shared

  • Many different types of personal data are collected

  • Your biometric data is collected

  • Your personal information is used for many different purposes

  • Your personal data may be sold or otherwise transferred as part of a bankruptcy proceeding or other type of financial transaction

  • Your personal data is used to employ targeted third-party advertising

  • You shall not interfere with another person's enjoyment of the service

  • Some personal data may be kept for business interests or legal obligations

  • Your personal data may be used for marketing purposes

Worth knowing 23

  • Separate policies are employed for different parts of the service

  • The service is provided 'as is' and to be used at your sole risk

  • There is a date of the last update of the agreements

  • The terms may be changed at any time, but you will receive notification of the changes

  • No warranty is made regarding an uninterrupted, timely, secure and/or error-free experience

    The service provider makes no warranty regarding uninterrupted, timely, secure or error-free service

  • Instructions are provided on how to submit a copyright claim

  • This service is a subsidiary of Company X

    This service is a subsidiary of Bending Spoons Inc.

  • The service can stop being provided at any time

    They may stop providing the service at any time

  • Third parties are involved in operating the service

  • This service assumes no responsibility and liability for the contents of links to other websites

  • You agree to indemnify and hold the service harmless in case of a claim related to your use of the service

  • You are responsible for any risks, damages, or losses that may incur by downloading materials

  • This service does not guarantee that it or the products obtained through it meet your expectations or requirements

  • The service assumes no liability for any damages the user incurs

  • Invalidity of any portion of the Terms of Service does not entail invalidity of its remainder

  • The court of law governing the terms is in location X

    The court of law governing the terms is in the State of California, U.S.A.

  • First-party cookies are used

  • Your IP address is collected, which can be used to view your approximate location

  • Your personal data may be aggregated into statistics

    Your personal data is aggregated into statistics

  • This service gives your personal data to third parties involved in its operation

  • Do Not Track (DNT) headers are ignored and you are tracked anyway even if you set this header

  • You agree not to use the service for illegal purposes

  • Spidering, crawling, or accessing the site through any automated means is not allowed

Good 17

  • Information is provided about what kind of personal information is collected

  • The service claims to be GDPR compliant for European users

  • The service reviews its Privacy Policy on a regular basis

  • The court of law governing the terms is in a jurisdiction that is friendlier to user privacy protection

    The court of law governing the terms is in a jurisdiction that is friendlier to user privacy protection (California, U.S.A.)

  • Information is provided about how your personal data is collected

  • Information is provided about how your personal data is used

  • Your personal data will not be used for an automated decision-making

    Your personal data will not be used for an automated decision-making without your consent

  • You will be notified if personal data has been affected by data breaches

  • This service claims that your personal data is not being sold

    Your personal data is not sold

  • The service claims that third parties it shares your personal information with are bound by confidentiality obligations

    Third parties used by the service are bound by confidentiality obligations

  • You are warned of the potential consequences related to third-party access

  • The data retention period is kept to the minimum necessary for fulfilling its purposes

  • The service will only respond to government requests that are reasonable

  • The service will try to inform and/or notify you regarding government inquiries that may involve your personal information

  • The service will resist legal requests for your information where reasonably possible

  • You can request access, correction and/or deletion of your data

  • The service claims to be CCPA compliant for California users

With an account

If you have a Evernote account

Serious 2

  • Content you post may be edited by the service for any reason

  • Specific content can be deleted without reason and may be removed without prior notice

Bad 1

  • Your content can be licensed to third parties

Worth knowing 14

  • You must create an account to use this service

  • You must report to the service any unauthorized use of your account or any breach of security

  • You cannot distribute or disclose your account to third parties

  • You are responsible for maintaining the security of your account and for the activities on your account

  • Your content can be deleted if you violate the terms

  • Minors must have the authorization of their legal guardians to use the service

  • If you are the target of a copyright claim, your content and/or your account may be removed

    If you are the target of a copyright claim, your content may be removed

  • Your account can be suspended for several reasons

  • The service suspends your account after inactivity for a certain or uncertain time

  • This service is only available to users over a certain age

  • Your private content may be accessed by people working for the service

  • You are prohibited from sending chain letters, junk mail, spam or any unsolicited messages

  • The posting of pornographic content is prohibited

  • You agree not to submit libelous, harassing or threatening content

Good 10

  • Copyright license limited for the purposes of that same service but transferable and sublicenseable

  • You maintain ownership of your content

  • You are entitled to a refund if certain thresholds or standards are not met by the service

  • You have the right to leave this service at any time

  • You can delete your content from this service

  • Two factor authentication is provided for your account

  • You can opt out of receiving promotional communications

    You can opt out of promotional communications

  • You can choose with whom you share content

  • You are informed about the risk of publishing personal info online

  • You are prohibited from publishing any third party’s personally identifiable information without their consent

    The publishing of personally identifiable information without the owner’s consent is not allowed

The documents

Ratings by ToS;DR volunteers; they can lag behind the current terms. Not legal advice.