Commercial Terms

If your usual residence is in the European Economic Area, the United Kingdom, or Switzerland, and you do not use the Evernote Service as part of a Multi-Seat Account (Evernote Enterprise), scroll down to find the terms that apply to you.

Commercial Terms - United States and Rest of The World

If your usual residence is outside of the European Economic Area, the United Kingdom, or Switzerland, or if you use the Evernote Service as part of a Multi-Seat Account (Evernote Enterprise), these Terms apply to you.

Last update: October 1, 2026

These “Commercial Terms” apply to our commercial transactions for the Evernote Service with you, including your purchase of any Paid Service from us, or the acquisition or redemption of any Promotional Codes or Evernote Points (as described below). We refer to any service for which we charge a fee as a “Paid Service.” If you subscribe through an “Individual Account” (such as Evernote Starter or Advanced), you are both the Account Holder and End User of an Evernote service account. If you subscribe through a “Multi-Seat Account” (such as Evernote Enterprise), the Account Holder is the Customer who has contracted with us, and the End Users are the individuals whose user accounts are linked to that account. You should carefully read through these Commercial Terms to understand your rights and responsibilities, as these Commercial Terms constitute a contract between you and Bending Spoons, from which you are purchasing the Paid Service or from which you are acquiring or redeeming any Evernote Promotional Codes or Evernote Points (we refer to these collectively as a “Commercial Transaction”). By purchasing a Paid Service, or obtaining any Evernote Promotional Codes, you agree to be legally bound by these Commercial Terms. (Please see our explanation of who you are contracting with in different circumstances in the section below entitled “Who am I contracting with?”.)

If you do not agree to the Commercial Terms, then you can decide not to complete a Commercial Transaction.

The Commercial Terms constitute a Separate Agreement according to the Terms of Service and apply in addition to the Evernote Terms of Service. In case of conflict, the Commercial Terms will prevail over the Terms of Service limited to the conflicting provision.

Capitalized terms that are not defined in this document are defined in our Glossary.

Payment of fees; taxes

When you elect to purchase a Paid Service from us or any third party reseller and enter a form of payment, you agree that: (i) you will fulfill your obligation to pay for the Paid 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; and (v) we or our reseller (as applicable) are authorized to charge you for the Paid 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 or delivery charges described as being applicable to the Paid Service you subscribed to. In addition, you agree that you will be responsible for any credit 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 Paid Service in the currency specified by us (or any reseller or payment processor from which you may purchase the Paid Service) when you enter into the Commercial Transaction, and you assume all risks associated with any changing value in the currency compared with other currencies. The specified charges for a Paid Service are VAT-inclusive and may include certain other taxes or delivery 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 such charge. The receipt provided to you reflecting your purchase includes VAT (if applicable) which is charged based on your location. If you intend to use the Service for business purposes and would like documentation indicating the exact amount of VAT paid, you must subscribe to Evernote Enterprise; VAT is not itemized on receipts for any of our other Paid Services, as these Paid Services are directed to individual consumers.

Our prices for a Paid Service do not include any of the third-party fees you incur in connection with using a Paid Service including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for cellular or data services, and any other third-party applications or services with which you may use the Paid Service; you are responsible for selecting and managing these other services, and paying the fees for such services.

Changes in fees

We may change the price of any Paid Service from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will provide you with advance notice of changes in recurring subscription fees. Any increase in charges for the same Paid Service would not apply until the expiration of your then current billing cycle, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that Paid Service. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the Paid Service subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle. See “Cancellation” below for information on how to cancel a Paid Service subscription.

Autorenewal

We accept certain debit and credit cards as well as other forms of cash payment (such as PayPal transfers) as payment methods for Paid Services (each, an “Accepted Payment Method”), subject to the procedures and rules contained in these Commercial Terms and any applicable contract with the Accepted Payment Method. Accepted Payment Methods may vary by country or by Paid Service and may change from time to time. When you purchase with an Accepted Payment Method, the fees for your Paid Service will be billed on or near the date of your purchase. If you purchase a Paid Service subscription 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 or near the calendar day corresponding to the commencement of your Paid Service subscription, as applicable. See “Cancellation” below for information on how to cancel a Paid Service subscription. 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) information regarding your purchase and your submitted payment information in order to process your purchase, and to use the email address submitted by you to provide you with notices and disclosures relating to renewals and recurring charges. If your Paid Service subscription began on a day not contained in a subsequent month (for example, your service began on January 30, and there is no February 30), we will process your payment on or near the last day of such month. (This is what we mean by paying on an autorenewal basis.) See below for information describing what you must do to change your Accepted Payment Method.

Paying by direct debit

If you are in a Single Euro Payments Area (SEPA)-eligible country, you may purchase a Paid Service from us via SEPA direct debit. When you complete your purchase of a Paid Service using direct debit, the initial payment will be deducted from your bank account via the applicable payment system. With your initial transaction, you are also confirming your desire for your subscription for the Paid Service to automatically renew per these Commercial Terms. At the time of your initial transaction, you will receive an email notifying you that the amount authorized will be direct debited from your bank account on or about five business days from the date of the transaction. This single notification will be used to pre-notify you of the amount and timing of future recurring payments via SEPA direct debit. Where a direct debit is rejected or returned due to insufficient funds in your designated bank account, we may resubmit the direct debit collection request 5 days following the original debit due date and in this case will provide 5 days pre-notification.

Paying by invoice

We may, in our sole discretion, agree to permit you to pay us for certain Paid Services pursuant to invoices issued by us. Unless otherwise expressly provided in our Separate Agreement with you, we will issue our invoice on or shortly after the date on which the Paid Service is purchased (and on any monthly, annual or other renewal term as described under “Autorenewal,” above), 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 us. 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 to us.

Paying our reseller or payment processor

We may, in our sole discretion, enable you to purchase and/or pay for certain Paid Services through an authorized reseller or payment processing firm (including, for example, a telecommunications provider or a mobile app marketplace). Unless otherwise expressly provided in a Separate Agreement with you, your obligation for payment to, and relationship with, such reseller or payment processor is a contractual matter between you and such third-party; we are not a party to, or responsible on account of, such contract. While we select our resellers and payment processors carefully and enter into detailed agreements imposing performance obligations (including confidentiality) on them, we cannot and do not guarantee their performance. We encourage you to provide any feedback regarding any reseller or payment processor with which you do business to us, as we value and use your input in determining whether to continue or end such relationships. If you have any concerns or problems with a reseller or payment processor, please contact our Customer Support team as promptly as you can. And, if you seek information about any party acting as an Evernote reseller or payment processor before you enter into any agreement with them, please feel free to contact our Customer Support team.

Promotional Codes

We may from time to time make available, directly or through a third party, gift cards or promotional codes or coupons that are redeemable for a specified Paid Service for a fixed period of time (individually, a “Promotional Code” and collectively, “Promotional Codes”). We use the term “Promotional Subscription” to describe the specific subscription to a Paid Service obtained with the Promotional Code and the term “Promotional Period” to describe the duration of a Promotional Subscription. A Promotional Code may specify an expiration date (“Expiration Date”), after which such Promotional Code will be void. We are under no obligation to accept an expired or otherwise invalid or void Promotional Code. Promotional Codes have no cash value and, except where expressly permitted by us, are non-transferrable. We are under no obligation to provide any compensation in connection with a Promotional Code.

In order to obtain a Promotional Subscription, you must be a registered Account Holder of the Evernote Service and use the registration or redemption process, and satisfy any eligibility requirements, established by us in connection with the Promotional Code. At the conclusion of the Promotional Period, you will be required to pay the then-applicable charges for the Paid Service in order to continue using such Paid Service.

If you are already subscribed to a Paid Service when you receive a Promotional Code, you are still permitted to use the Promotional Code as long as you meet the eligibility requirements. However, since your account already has an active Paid Service subscription, there may be limitations associated with the method of your payment that prevent you from using the Promotional Subscription until your Paid Service subscription has expired. In such cases, you may choose one of the following ways to use the Promotional Code: (1) transfer the code to a friend or family member (if the Promotional Code is transferrable); (2) create an additional Evernote Service account for yourself and use the Promotional Code with that account; or (3) wait until after your Paid Service Subscription has expired and your account has transformed to Evernote Free before redeeming the Promotional Code (taking care not to miss the Promotional Code Expiration Date). With some payment methods, we may be able to temporarily pause your Paid Service subscription so that you may immediately take advantage of the Promotional Subscription. In such cases, your Paid Service subscription will automatically re-start after the Promotional Period and, assuming you had previously agreed to the automatic renewal of your subscription, your Accepted Payment Method will be charged as you had previously agreed. See “Cancellation” below for information on how to cancel a Paid Service subscription.

Unless you have a separate contract with us permitting you to distribute Points or Promotional Codes, you are prohibited from selling or otherwise distributing or transferring Points or Promotional Codes. We reserve the right to invalidate any Points or Promotional Codes that have been improperly issued or distributed, and we do not owe you any compensation with respect to such Points or Promotional Codes. If a Promotional Code has been distributed to you by a third party (for example, connection with a third-party promotion), we have no responsibility with respect to any third party product or service provided, or any marketing claims or promotional offers made, by the third party. We have no obligation to provide you with any compensation, or to modify the Promotional Subscription or the Promotion Requirements in connection with any Promotional Codes you obtained from a third party that was acting improperly.

Evernote Points

We no longer issue Evernote Points and the Evernote Points program has been discontinued. If an unredeemed balance of Evernote Points is associated with your account, please contact our Customer Support team.

Evernote Points have no cash value. They cannot be transferred or exchanged for money, and we do not provide a monetary refund for any part of a purchase paid for with Evernote Points. Evernote Points that had already expired remain expired, and we have no obligation to provide any compensation for them. If your Evernote Service account is deactivated or closed, any remaining Evernote Points are lost.

Changes to payment methods and account information

You are responsible for ensuring that 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. You may change this information at any time. If you’re an Individual Account Holder, you may log in to your account through the Evernote website, access your “Account Summary” from the Settings page, and make the changes. Multi-Seat Account Customers may change payment information as described in their agreement.

If you are not the Account Holder but you control the means of payment for a Paid Service account and wish to make any change to the payment method, you must notify us by contacting Customer Support and demonstrating to our satisfaction your control of the payment method used for the Paid Service.

If your credit card expires or the information is otherwise invalid, or you or another party controlling the payment method make changes to your billing account too close in time to when we charge for any Paid Service subscription (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 Paid Service subscription 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.

Cancellation of a Paid Service subscription

You may elect to cancel a Paid Service at any time. Any cancellation of a Paid Service will be effective as of the end of the then-current billing period and subject to our Refund Policy, except as described below for an upgrade in Paid Service.

If you wish to upgrade your existing Paid Service subscription to a more expensive level of Paid Service, and if you purchased your current Paid Service directly from us (and not from a reseller or payment processor), we will permit you to cancel your existing Paid Service subscription prior to the end of the subscription term. In that event, we will apply the pro-rated balance of your pre-paid subscription fees towards the initial subscription fee for the new Paid Service, provided that no refund will be provided for any amounts in excess of the initial subscription fee for the upgraded Paid Service. If you have purchased a Paid Service from a reseller or payment processor, you may be required to contact the reseller or payment processor to process your cancellation request, as we may have no ability to process the cancellation for you. Please note that this is the case even where you are upgrading from one Paid Service to a new Paid Service.

If you desire to cancel your subscription for the Evernote Paid Service as of the end of the current billing period, you may do so by logging into your account through the Evernote website, accessing your “Account Summary” from the Settings page and choosing “Cancel Subscription.” An Evernote Multi-Seat Account is only terminable according to the terms of your agreement. If you are taking part in any trial period offer that enables you to use a Paid Service without charge, and that trial period converts into a Paid Service upon the expiration of the trial period, you must cancel the Paid Service prior to the end of the trial period in order to avoid incurring the charges for the Paid Service. If you are taking part in any trial period and you use more account seats than the maximum permitted without charge during such trial period, you will be charged for such excess seats.

If you are the authorized legal representative for a deceased or legally incapacitated individual or a legal entity that has been formally dissolved or otherwise ceased to be authorized to act for his, her, or its own account (without opportunity for revival), and you wish to cancel a current Paid Service subscription for such individual or entity, you must notify us according to the requirements in the Terms of Service (under “How can I send a notice to Evernote?”), identify the account in question and request cancellation of the Paid Service. We will cancel the Paid Service subscription if you demonstrate to our satisfaction your legal authority to act and be legally responsible for such individual or entity and your ability to validate the details of the payment method used for such Paid Service.

We may cancel or downgrade to a lower tier any Paid Service subscription you have purchased if you fail to pay the applicable subscription fees and any applicable taxes in full and in a timely manner according to these Commercial Terms or any agreement with a third-party reseller or payment processor. A failure to pay occurs in any situation where we have not received timely payment, including where any credit card issuer or payer bank refuses to transmit the funds that are then due, or the reseller or payment processor you have contracted with notifies us of your failure to pay. We may, in our discretion, elect not to cancel a Paid Service subscription immediately for non-payment, in which case you will continue to be responsible for the fees due for the duration of the applicable subscription. If your payment of outstanding subscription fee or other fees fails as a result of insufficient funds in or other issues with your designated payment method, we may seek to recover the outstanding amount by, at our discretion, continuing to attempt to charge the outstanding amount to the same designated payment method, or dividing the outstanding amount into one or more smaller amounts and charging such smaller amounts to the same designated payment method, in which case we will use reasonable efforts to notify you. In addition, if you fail to pay for a Paid Service, we may elect to suspend your rights to use that Paid Service or we may change the type of privileges you have to a lower or non-paid version of the service. We will endeavor to provide you notice promptly after any failure to make a payment to us in full and on time, but we are not obligated to do so.

Costs of collection; credit card chargebacks

In addition to the published fees for a Paid 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% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full.

If you purchase a Paid Service subscription with a credit card and then subsequently request your credit card issuer to reverse that payment, we are charged a fee that may be a significant multiple of the amount 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 to your Evernote Service account until such time as you reimburse us the amount of the fee we were charged by the card issuer.

Who am I contracting with?

As we describe in our Terms of Service, if you purchase a Paid Service from us you will be entering into a contract with us. Those provisions regarding contracting parties and governing law continue to apply to our contracts for the Evernote Service and if you acquire or redeem an Evernote gift card or if you redeem Evernote Points. If you elect to pay a third-party reseller or payment processing firm for any Paid Service, the contract regarding your payment will be with such third-party, but such third-party is not authorized to provide you with any contract terms or other assurances that affect our obligations relating to our delivery of the Paid Service; our obligations to you are governed by the Terms of Service, Privacy Policy, these Commercial Terms and, if applicable, the Enterprise Agreement, together with all other applicable Separate Agreements.

Designated affiliate

Any fee and any other amount payable to us under our Terms of Service, these Commercial Terms, or any other contractual document between us and you may be billed, invoiced, charged, and enforced by Bending Spoons US Payflow LLC or by any of our affiliates that may act on our behalf with respect to the Evernote Service. You acknowledge and agree that such affiliate is a third-party beneficiary of this section and will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service, these Commercial Terms, or any other contractual document between us and you against you as a third-party beneficiary.

If your usual residence is outside the European Economic Area, the United Kingdom, or Switzerland, or you use the Evernote Service as part of a Multi-Seat Account (Evernote Enterprise), scroll up to find the terms that apply to you.

Commercial Terms - European Economic Area, the United Kingdom, and Switzerland

Last update: October 1, 2026

These “Commercial Terms” apply to our commercial transactions for the Evernote Service with you, including your purchase of any Paid Service from us, or the acquisition or redemption of any Promotional Codes or Evernote Points (as described below). We refer to any service for which we charge a fee as a “Paid Service.” If you subscribe through an “Individual Account” (such as Evernote Starter or Advanced), you are both the Account Holder and End User of an Evernote service account. You should carefully read through these Commercial Terms to understand your rights and responsibilities, as these Commercial Terms constitute a contract between you and Bending Spoons, from which you are purchasing the Paid Service or from which you are acquiring or redeeming any Evernote Promotional Codes or Evernote Points (we refer to these collectively as a “Commercial Transaction”). By purchasing a Paid Service, or obtaining any Evernote Promotional Codes, you agree to be legally bound by these Commercial Terms. (Please see our explanation of who you are contracting with in different circumstances in the section below entitled “Who am I contracting with?”.)

If you do not agree to the Commercial Terms, then you can decide not to complete a Commercial Transaction.

Capitalized terms that are not defined in this document are defined in our Glossary.

Payment of fees; taxes

Changes in fees

We may update or change our fees and payment terms in case of changes in circumstances which affect the price of the Evernote Service, such as changes to the Evernote Service (including the addition of new features or the significant improvement of existing features), changes in our business, changes in legal, regulatory, or contractual requirements, changes in the economic environment we operate in (including variations in taxes, competitive pressure, or the costs of development or maintenance, licenses, technical supply, distribution, or customer service), or other justifiable or business reasons related to the aspects mentioned above. In such cases, you will be notified at least 30 days in advance via email. Changes to fees will not apply retroactively and changes to the subscription fee will become effective upon the renewal of your Paid Service – therefore, if you disagree, you can cancel your Paid Service before the changes take effect. See “Cancellation” below for information on how to cancel a Paid Service subscription.

Autorenewal

Paying by direct debit

Paying by invoice

Paying our reseller or payment processor

Promotional Codes

Evernote Points

Changes to payment methods and account information

You are responsible for ensuring that 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. You may change this information at any time. If you’re an Individual Account Holder, you may log in to your account through the Evernote website, access your “Account Summary” from the Settings page and make the changes.

Cancellation of a Paid Service subscription

If you desire to cancel your subscription for the Evernote Paid Service as of the end of the current billing period, you may do so by logging into your account through the Evernote website, accessing your “Account Summary” from the Settings page and choosing “Cancel Subscription.” If you are taking part in any trial period offer that enables you to use a Paid Service without charge, and that trial period converts into a Paid Service upon the expiration of the trial period, you must cancel the Paid Service prior to the end of the trial period in order to avoid incurring the charges for the Paid Service. If you are taking part in any trial period and you use more account seats than the maximum permitted without charge during such trial period, you will be charged for such excess seats.

If you are a consumer, you have the right to withdraw from these Commercial Terms within 14 days of purchasing a Paid Service and we will reimburse all the subscription fees debited, except, where permitted by applicable law, for an amount proportionate to the service provided up to the moment you inform us of your withdrawal. You can withdraw from these Commercial Terms by sending us notice according to the Terms of Service, by using the model withdrawal form set out in Annex I to these Commercial Terms, or by using the dedicated withdrawal function available in your Evernote Service account settings. If you have purchased your subscription through an App, you can exercise your right of withdrawal or your right of termination through your account settings with the app marketplace, according to the policies of each app marketplace.

Costs of collection; credit card chargebacks

Who am I contracting with?

As we describe in our Terms of Service, if you purchase a Paid Service from us you will be entering into a contract with us. Those provisions regarding contracting parties and governing law continue to apply to our contracts for the Evernote Service and if you acquire or redeem an Evernote gift card or redeem Evernote Points. If you elect to pay a third-party reseller or payment processing firm for any Paid Service, the contract regarding your payment will be with such third-party, but such third-party is not authorized to provide you with any contract terms or other assurances that affect our obligations relating to our delivery of the Paid Service; our obligations to you are governed by the Terms of Service, Privacy Policy, these Commercial Terms and all other applicable Separate Agreements.

Designated affiliate

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Annex I

Template Withdrawal Form – pursuant to Article 49(1)(h) of the Italian Consumer Code – (Please complete and return this form only if you wish to withdraw from the contract.)

- To Bending Spoons Operations S.p.A., Via Nino Bonnet 10, 20154 Milan (Italy), legalnotice@evernote.com

- I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods/services (*) ________________________________________

- Ordered on (*)/received on (*) ________________________________________

- At the same time, I/we (*) request reimbursement of all payments I/we (*) have made, amounting to _____________________ (insert the amount paid and the currency), to be made by ___________________________ (insert the payment method to be used for the refund, for example bank transfer – IBAN (for domestic transfers, insert the IBAN; for cross-border transfers, also insert the BIC), or, for example, a refund to the credit card used for the payment).

- Name of consumer(s) ________________________________________

- Address of consumer(s) ________________________________________

- Signature of consumer(s) (only if this form is notified in paper form) ________________________________________

- Date ________________________________________

(*) Delete as appropriate.