Effective Date: March 1, 2013 - What’s new »
These “Payment Terms” apply whenever you elect to purchase a premium or other paid service from us, including Evernote Premium and Evernote Business. We refer to any service for which we charge a fee as a “Premium Service.” You should carefully read through these Payment Terms to understand your rights and responsibilities as these Payment Terms constitute a contract between you and Evernote Corporation or its affiliated company from which you are purchasing the Premium Service. We refer to such Evernote entity in these Payment Terms as “Evernote,” “we” and “us.” If you do not agree with these Payment Terms, you should not purchase a Premium Service. By purchasing a Premium Service, you agree to be legally bound by these Payment Terms.
We may update these Payment Terms from time to time. The Payment Terms published on our site at the time you purchase a new Premium Service will apply to your purchase. If you are paying for a Premium Service on an autorenewal basis (which we describe below), we will notify you about any change to the Payment Terms relating to the terms of the autorenewal and the new Payment Terms will apply as of the next renewal of that Premium Service. If you do not agree to the changed Payment Terms, you may cancel the Premium Service. If you do not cancel the Premium Service(s) after you have received notice of the change, you will be legally bound by the updated Payment Terms.
Payment of Fees; Taxes
When you elect to purchase a Premium Service and enter a form of payment, you are agreeing with us that: (i) you will fulfill your obligation to pay for the Premium Service by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network during the period of time we are providing the Premium Service; and (v) we are authorized to charge you for the Premium Service using the established payment method and the information you provide that is stored in your account as of the applicable date for payment. Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes. In addition, you agree that you will be responsible for any card chargeback fees as well as any reasonable collection costs we incur as a result of your failure to pay on a timely basis.
You agree to pay the charges for the Premium Service in the currency specified by Evernote when you activate the Premium Service and assume all risks associated with any changing value in the currency compared with other currencies. The specified charge for a Premium Service may include certain taxes or similar charges applicable to your purchase. If any tax or charge applicable to a purchase is not charged by us, you acknowledge that you are solely responsible for paying the tax or other charge.
Our prices for a Premium Service do not include any of the third-party fees you incur in connection with using the Premium Service including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for data services and any other third party applications or services with which you may use the Premium Service; you are responsible for selecting and managing these other services, and paying these fees.
Changes in Fees
We may change the price of any Premium Service, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will send advance notice of these changes by email to the address in your account information. These changes would not apply until the expiration of your then current billing cycle and, unless otherwise specifically provided in our notice to you, would become effective the next time you would be charged for that Premium Service. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the Premium Service before the price change goes into effect. See “Cancellation” below for information on how you must cancel a Premium Service.
Evernote accepts certain debit and credit cards as well as other forms of payment (e.g., Paypal) as payment methods (each, an “Accepted Payment Method”) for Premium Services, subject to the procedures and rules contained in these Payment Terms. When you purchase with an Accepted Payment Method, the fees for your Premium Service will be billed on the date you purchase a Premium Service. If you purchase a Premium Service that renews automatically, such as monthly or annually, you agree that we may process your Accepted Payment Method on each monthly, annual or other renewal term (based on the applicable billing cycle), on the calendar day corresponding to the commencement of your Premium Service. In addition, you agree that we have permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) your submitted payment information. If your Premium Service began on a day not contained in a subsequent month (e.g., your service began on January 30, and there is no February 30), Evernote will process your payment on the last day of such month. (This is what we mean by paying on an autorenewal basis.) See below for information on changing your Accepted Payment Method.
Paying by Invoice
Evernote may, in its discretion, agree to permit you to pay based upon periodic invoices issued by Evernote. Unless otherwise expressly provided in our separate agreement with you, we will issue our invoice on or shortly after the date on which the Premium Service is purchased, and the charges are payable upon your receipt of the invoice. All payments of invoiced amounts must be made in the currency specified on the invoice by check, wire or other electronic transfer to a bank and account number designated by Evernote. Any invoice that remains unpaid thirty (30) days after the invoice date is considered delinquent. Any wire transfer fees or other similar fees incurred on account of the payment method selected by you are your responsibility and may not be deducted from the amount due Evernote.
Premium Activation Codes
Evernote may from time to time make available, directly or through a third party, Premium Activation Codes redeemable for a specified Premium Service for a fixed period of time (the “Promotional Period”). A Premium Activation Code has no cash value and may specify an expiration date, after which the Premium Activation Code is void. Evernote is under no obligation to accept an expired Premium Activation Code. At the conclusion of the Promotional Period, you will be required to pay the then-applicable charges for the Premium Service in order to continue using the Premium Service. If you are paying for a Premium Service on an autorenewal basis at the time you redeem a Premium Activation Code for the Premium Service, depending on your method of payment, Evernote will extend your subscription to use that Premium Service by the length of the Promotional Period. The manner in which the extension is applied depends upon your Accepted Payment Method, but typically the extension is applied either (i) upon the expiration of your current subscription period, in which case you will be charged for a new subscription period upon the expiration of the Promotional Period, (as an autorenewal) by the same Accepted Payment Method or (ii) upon the expiration of the last autorenewal subscription period, in which case you will need to pay for a new subscription period to obtain Premium Service. Additionally, in certain circumstances, we may be able to apply the Premium Activation Code immediately, in which case we will extend the expiration of your current subscription period and you will be charged for a new subscription period upon the expiration of the extended subscription period, (as an autorenewal) by the same Accepted Payment Method.
Evernote has no obligation to you with respect to any third party product or service with which a Premium Activation Code was provided. Unless you have a separate contract with Evernote permitting you to distribute Premium Activation Codes, you are prohibited from selling or otherwise distributing Premium Activation Codes. Evernote reserves the right to invalidate any Premium Activation Codes that have been improperly issued or distributed and we do not owe you any compensation on account of any Premium Activation Codes you obtained from a third party that was acting improperly.
Cancellation of A Premium Service
If you desire to terminate your Evernote Premium account as of the end of the current billing period, you may do so by logging-in to your account through the Evernote website and accessing your “Account Summary” from the Settings page. An Evernote Business account is only terminable according to the terms of your Evernote Business agreement. If you are taking part in any trial period offer that converts into a paid Premium Service upon the expiration of the trial period, you must cancel the Premium Service prior to the end of the trial period in order to avoid incurring the charges for the paid Premium Service.
We may cancel any Premium Service you have purchased if you fail to pay in full and in a timely manner for the Premium Service according to these Payment Terms. A failure to pay occurs in any situation where Evernote has not received timely payment, including where any card issuer or payor bank refuses to transmit the funds that are then due. You are solely responsible for ensuring that your card information in your account is current. We may, in our discretion, elect not to cancel a Premium Service immediately for non-payment, in which case you will continue to be responsible for the fees due for the duration of the Premium Service. In addition, if you fail to pay for a Premium Service, we may elect to suspend your rights to use that Premium Service or we may change the type of privileges you have to a non-premium version of the service (e.g., changing from Evernote Premium to the free version of the Evernote Service). We will endeavor to provide you notice promptly after any failure to make a payment in full and on time, but we are not obligated to do so.
Changes to Your Payment Methods and Account Information
You are responsible for ensuring that all of your account information, including your email address and all payment information (address, debit or credit card number and expiration date), is accurate and up to date at all times. You may change this information at any time. If you’re an Evernote Premium user, you may log-in to your account through the Evernote website, access your “Account Summary” from the Settings page and make the changes. Administrators of an Evernote Business account may log-in to their Evernote Business Administrator Account to access and change the billing information. If your card expires or the information is otherwise invalid, or you make changes to your billing account too close in time to when we charge for any Premium Service (so we cannot reasonably act on your changes prior to billing), we will probably not be aware of this and we will bill the current charges to the card we had on record; the continuation of your Premium Service constitutes your authorization for us to do so, and you remain responsible for any uncollected amounts and any charges incurred by you or us as a result of billing to an invalid card.
Costs of Collection; Credit Card Chargebacks
In addition to the published fees for a Premium Service, you agree to pay any reasonable costs we incur to collect any unpaid or past due amounts, including reasonable attorneys' fees and other associated costs. Delinquent payments will bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. If you purchase a Premium Service with a credit card and then subsequently request your credit card issuer to reverse the payment for such Premium Service, Evernote is charged a significant fee that may be a significant multiple of the fees we initially received. Accordingly, in order to enable you to pay relatively minor fees with a credit card, you acknowledge and agree that we reserve the right to suspend your ability to add additional Content, until such time as you reimburse us the amount of the fee we were charged by the card issuer.
Other Contract Terms