# An update on your Evernote agreements, our Privacy Policy…

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## Email content

We're updating your Evernote agreements, our Privacy Policy, and the Terms of Service.

Hi there,

We're making some changes to our organization, which means your contracts with us will be transferred to our affiliate, Bending Spoons Operations S.p.A., an Italian company headquartered in Milan. This move does not change anything about your Evernote experience.

We're also updating our Terms of Service, Commercial Terms, User Guidelines, Evernote Enterprise Agreement, Privacy Policy, and Region-Specific Information to reflect this change and to bring our contractual and privacy documents up to date.

We've summarized the main changes below.

Terms tailored to where you live. We restructured our legal terms. There are now two versions: one for users residing in the European Economic Area, the UK, and Switzerland, and one for users residing everywhere else. Evernote Enterprise customers are covered by the second version, wherever they are based.

European consumer protections and Italian law for EEA, UK, and CH. If you reside in the European Economic Area, the UK, or Switzerland, we changed the governing law to Italian law, removed the arbitration agreement, and added provisions required by European consumer law, which apply to you if you are a consumer.

Same terms for Brazil as for other countries. If you reside in Brazil, your contract is no longer with Evernote do Brasil Serviços de Aplicações Ltda and is no longer governed by Brazilian law. The same terms that apply to all other users outside the European Economic Area, the UK, and Switzerland now apply to you, including the governing law and the arbitration agreement described in those terms.

License terms now consolidated into the Terms of Service. We consolidated our separate software license terms into the Terms of Service, so that these rules for using all Evernote applications now live in a single document.

Clearer User Guidelines. We rewrote our User Guidelines to make it clearer what is and isn't allowed on Evernote and moved rules about using the service itself to the Terms of Service.

Clarified how we handle illegal content. We updated how we handle illegal or non-compliant content, including how you can report it, how we notify you about our decisions, and how you can challenge them.

Clarified how AI features work. We clarified how features that use artificial intelligence work: The information you provide to those features and the results they generate are yours, and we don't use them to train AI models. We also moved these provisions into the Terms of Service.

Clarified billing and subscriptions. We clarified in our Commercial Terms how billing and subscriptions work, set out what happens if a payment fails, and confirmed that Evernote Points are no longer issued.

Clearer privacy information, now in one place. We updated our Privacy Policy, including our Region-Specific Information page. In particular, we updated the wording of some sections and clarified how your data is used when you use Evernote AI features. We also moved the content of our Cookie Notice into the Privacy Policy and clarified how to manage your preferences through the new "Your Privacy Choices" link.

The transfer of your contract and the updated terms take effect on December 1, 2026. Until then, the current version of our terms continues to apply to you. You can read the complete updated documents by visiting the links above.

If you have a valid separate Order Form or custom agreement with us, its specific terms remain in full force for their duration. The updated agreements, Terms of Service, and privacy documents will apply to everything not covered by the terms of the Order Form starting from December 1, 2026.

By continuing to use Evernote after December 1, 2026, you're accepting the updated agreements and Terms of Service and you’re acknowledging receipt of the updated Privacy Policy and other privacy documents. If you don't agree, please stop using the Evernote Service and close your account before December 1, 2026.

Thank you,

The Evernote team

This email has been sent to you by Bending Spoons US Inc. (or its subsidiary).

Bending Spoons US Inc., 169 Madison Ave, Suite 11218, New York, NY 10016, United States.

View our privacy policy.

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