Case file · notes
Evernote
Bending Spoons · agreement captured 2026-07-11
You can use Evernote, but you're accepting forced individual arbitration, a broad content license, an account deletion policy with no recovery, and a liability shield that leaves you with little recourse if things go wrong.
What you're agreeing to
This agreement sets up Evernote (operated by Bending Spoons US Inc. or Evernote do Brasil, with software owned by Bending Spoons Operations S.p.A. in Italy) as your contractual counterparty. You keep copyright in your own notes and files, but you grant Evernote a broad, transferable, sub-licensable, worldwide license to display, distribute, modify, and reproduce your content, and to pass it to third-party service providers and partners. Evernote can also refuse to store or transmit any content at its sole discretion.
The company reserves sweeping unilateral rights: it can modify or discontinue features, impose new limits on storage or usage, push mandatory software updates, and change these Terms at any time (with notice for 'significant' changes only). It can suspend or terminate your account for a range of reasons, generally with 30 days' notice, but in some cases with no notice at all. Critically, when you voluntarily close your account, your content is deleted immediately and cannot be recovered — there's no grace period for you to change your mind.
The dispute-resolution section is heavily tilted toward the company: U.S. users are bound by mandatory individual arbitration (administered by NAM, falling back to AAA) with a class-action and jury-trial waiver, though there's a 30-day opt-out window. Claims are also time-barred after one year, faster than many statutes of limitations. Liability is capped aggressively — Evernote disclaims nearly all warranties, excludes consequential and indirect damages, and you must indemnify the company for a wide range of claims arising from your use of the service, even where notice failures aren't Evernote's problem.
Overall, this is a fairly standard modern SaaS contract with typical big-company protections, but several provisions (broad content license, arbitration + class waiver, immediate content deletion on account closure, wide indemnification) merit real attention before you agree.
The charges
4 high · 4 medium · 2 low · 10 total
Forced individual arbitration + class action waiver
HighYou give up the right to sue in court or join a class action; disputes must go to individual arbitration, which is harder and costlier for a single consumer to pursue than a lawsuit, though you can opt out within 30 days.
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.
Immediate, irreversible content deletion on account closure
HighIf you close your own account, your notes and files are wiped immediately with no way to recover them — there's no cooling-off period if you change your mind.
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.
Broad, transferable license over your content
HighYou grant Evernote wide rights to distribute, modify, and share your content with its business partners and service providers, not just to store it for you.
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.
One-year claim deadline
HighAny legal claim against Evernote must be filed within one year of when it arose, which is shorter than many standard statutes of limitations and could bar valid claims you discover late.
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.
Broad indemnification obligation
MedYou must cover Evernote's legal costs and damages for a wide range of claims connected to your use of the service, even in situations where notice to you of the claim failed to arrive.
You agree to indemnify and hold us... 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...
Sweeping liability disclaimer
MedEvernote excludes almost all warranties and disclaims liability for lost data, service interruptions, security breaches, and third-party actions, leaving you with little recourse if the service fails you.
WE, AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS... SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES...
Account suspension or termination with or without notice
MedEvernote can limit, suspend, or close your account for a range of reasons, and while it usually gives 30 days' notice, it reserves the right to skip notice entirely in some cases.
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.
Unilateral right to modify or discontinue the service
MedEvernote can change features, impose new usage limits, or discontinue parts of the service at its sole discretion, and disclaims liability for any resulting loss of access to your content.
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... impose other limitations at any time, with or without notice.
Feedback and suggestions become Evernote's property for free
LowAny ideas or suggestions you submit automatically become Evernote's property with no compensation, confidentiality, or acknowledgment owed to you.
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.
No guaranteed access after death without advance planning
LowEvernote will not grant access to your account or content to anyone after your death, even close family, unless legally required — you must plan ahead yourself.
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.
On the record — category grades
No graded alternative yet