Effective as of Aug 31, 2025
These Terms of Service ("Terms") are a legally binding contract between you and Everdo LLC ("Everdo," "we," "our," or "us") regarding your use of our website at everdo.com, mobile applications (iOS and Android), desktop applications, web applications, Everdo Sync Service, and all related services, features, and content (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY.
BY CLICKING "I ACCEPT," CREATING AN ACCOUNT, OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY (TOGETHER, THESE "TERMS").
If you do not agree to these Terms, you may not access or use the Service.
ARBITRATION NOTICE: Except for certain disputes described in Section 16 (Dispute Resolution and Arbitration), you agree that disputes will be resolved by binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND EVERDO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Everdo offers productivity software and related services. Everdo's offerings include "Everdo", "Everdo Pro," "Everdo Sync Service," which allow users to organize tasks and projects. The Service may be accessed through various platforms and devices. Features and availability may vary between different versions of our software.
GTD® and Getting Things Done® are registered trademarks of the David Allen Company. Everdo LLC is not affiliated with or endorsed by the David Allen Company.
By agreeing to these Terms, you represent and warrant that:
Eligibility Verification: We reserve the right to verify eligibility and refuse or terminate Service to anyone based on the eligibility criteria.
3.1 Account Creation. To access certain features, you must create an account and provide accurate, current, and complete information. You must promptly update your account information to maintain its accuracy.
3.2 Account Security. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities under your account. You must immediately notify us at https://everdo.net/contact of any unauthorized access or security breach.
3.3 Account Restrictions. You may not: (a) share your account credentials, (b) create accounts using false information, (c) create multiple accounts without permission, or (d) allow others to use your account.
3.4 Account Termination. We may suspend or terminate accounts that violate these terms or for any reason with notice.
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in the currencies provided on the Everdo website. All fees are not-refundable, unless required by law.
4.1 Pricing. Everdo reserves the right to determine pricing for the Service and to modify pricing at any time. Current pricing is available on our pricing page. Any applicable sales taxes, levies, value-added taxes, or duties imposed by taxing authorities are calculated during checkout based on your billing location. For subscription services, price changes will take effect at your next billing cycle, and we will provide at least thirty (30) days' advance notice of any price increases. Everdo may offer promotional pricing to any customers, which shall not affect your existing pricing terms unless specifically offered to you.
4.2 Payment Authorization. By providing payment information, you authorize Everdo and its third-party payment processors to charge all fees for your selected services, including applicable taxes, to your designated payment method. For credit card payments, we may seek pre-authorization to verify the card's validity and available credit. You represent and warrant that you have the legal right to use any payment method provided and that payment information is accurate and complete.
4.3 Subscription Services. Subscription services involve automatically recurring payments. By subscribing, you authorize periodic charges until you cancel or we terminate the subscription. Your "Subscription Billing Date" is established with your first subscription purchase. Subscriptions automatically renew for successive periods equal to the original subscription term unless cancelled before renewal. To avoid charges for the next billing period, you must cancel before your subscription renews. Cancellation instructions are available on our website or by contacting us at https://everdo.net/contact.
4.4 Payment Failures and Delinquent Accounts. Everdo may suspend or terminate access to any part of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
4.5 Refunds and Disputes. Except as required by law, all fees are non-refundable. For payment disputes or billing questions, contact us within sixty (60) days of the charge. We reserve the right to investigate and resolve billing disputes in good faith.
4.6 Free Trials and Promotions. Free trials or promotional offers may be subject to additional terms. We may require payment information for free trials and will charge applicable fees when the trial expires unless you cancel beforehand.
5.1 General. Users may sign up for an account for Everdo Service products as described below via the Everdo website or one of the applications, as applicable. These Terms apply to all products that are a part of the Service.
5.2 Everdo Pro. You may use the free version of Everdo or upgrade to the paid version of Everdo ("Everdo Pro") by purchasing a license through the Everdo website or authorized distributors. The terms of license are detailed in Section 8 (Licenses). Everdo Pro is a one-time purchase that includes free updates to future non-major versions (e.g., updates within version 1.x.x are included with a version 1.0.0 purchase, but version 2.x.x would require a separate purchase). We have sole discretion in determining what constitutes a major version change and whether to release updates for any platform. Your entitlement to updates is contingent upon our actual release of such updates for your specific platform. Everdo Pro does not include the Everdo Sync Service capability.
5.3 Everdo Sync Service. You may choose to sign up for the paid subscription to an optional cloud sync service for Everdo ("Everdo Sync Service"), which automatically renews at the end of your billing period consistent with the terms of Section 4.3 (Subscription Services).
5.4 End-to-End Encryption. The Everdo Sync Service uses end-to-end encryption, meaning your data is encrypted on your device before transmission and can only be decrypted by your authorized devices using your encryption passphrase. Everdo cannot read, access, or recover your encrypted data stored in the sync service. If you lose access to all your devices and your encryption passphrase, we cannot assist with data recovery as we do not store your data in readable format.
5.5 Everdo Pro for iOS. You may choose to upgrade to the paid version of Everdo for iOS through Apple's in-app purchase system. This upgrade is limited to the iOS platform only and does not unlock Everdo Pro features on other platforms such as Android or non-mobile apps. Cross-platform Everdo Pro upgrade can only be purchased directly through Everdo website.
5.6 Platform-Specific Terms. Use of Everdo on iOS and Android is subject to the applicable app store terms of service (Apple App Store, Google Play Store).
5.7 Platform Differences. The availability, functionality, and performance of Service features may vary significantly between platforms. Such variations may result from technical constraints, third-party platform requirements, or our development priorities, and we reserve the right to modify features on any platform without notice.
5.8 Platform Availability. We make no guarantee that the Service will remain available on any particular platform or app store. We may discontinue support for any platform at our sole discretion with thirty (30) days' notice where possible. Platform availability may be interrupted or terminated without notice due to third-party actions, policy changes, technical requirements, or other circumstances beyond our control. No refunds will be provided solely due to platform unavailability.
6.1 Feature Description. Everdo desktop applications may include a Local Network Sync feature that provides an API to connect your own devices within your trusted local network. This feature is designed exclusively for use on private, secured local networks (such as your home network) and is not intended for internet exposure.
6.2 Local Network Use Only. You acknowledge and agree that:
6.3 Internet Exposure Disclaimer. IF YOU CHOOSE TO EXPOSE THE LOCAL NETWORK SYNC API TO THE INTERNET OR PUBLIC NETWORKS, YOU DO SO ENTIRELY AT YOUR OWN RISK. Everdo explicitly disclaims all responsibility and liability for any consequences arising from internet or public network exposure of the Local Network Sync API, including but not limited to:
6.4 Network Compatibility and Support Limitations. You acknowledge that:
6.5 No Warranties for Network Features. EVERDO MAKES NO WARRANTIES REGARDING THE LOCAL NETWORK SYNC FEATURE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF CONNECTIVITY, COMPATIBILITY, SECURITY, OR PERFORMANCE. The feature is provided "as is" and may not function properly depending on network conditions beyond our control.
6.6 User Responsibility. By enabling the Local Network Sync feature, you accept full responsibility for:
We may invite you to participate in beta, pilot, early access, or similar pre-release programs ("Beta Services"). Participation is voluntary. By participating, you agree to evaluate the Beta Services and provide feedback. You acknowledge that Beta Services may be inoperable, unreliable, or cause data loss. WE DISCLAIM ALL WARRANTIES AND ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM BETA SERVICES, INCLUDING DATA LOSS OR DAMAGE TO YOU OR THIRD PARTIES. We may terminate your Beta participation at any time.
8.1 License Grant to You. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Service on a reasonable number of devices you own or control for your personal or internal business use.
8.2 Everdo Pro Product Key License. When you purchase an Everdo Pro product key through our website, you receive the right to use that key to unlock Pro features across all supported platforms (desktop, iOS, Android) on your personally owned devices. Each product key is licensed for use by a single individual or business entity. You may not share, distribute, or allow others to use your product key. We reserve the right to monitor product key usage to detect violations of these Terms and to disable keys that are used in breach of these licensing restrictions.
8.3 Platform-Specific Purchases. Purchases made through third-party app stores (such as iOS App Store purchases) are governed by the respective platform's terms and grant rights only for that specific platform. Such purchases do not provide cross-platform Pro licensing.
8.4 License Restrictions. You may not, and may not permit others to: (a) copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover source code or underlying algorithms of the Service; (b) distribute, sell, lease, rent, lend, or sublicense the Service or your license rights; (c) remove or alter any proprietary notices or labels on the Service; (d) use the Service for any unlawful purpose or in violation of these Terms; (e) use the Service in any manner that could damage, disable, overburden, or impair our servers or networks; (f) attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks.
8.5 Feedback License. If you provide feedback, suggestions, ideas, or recommendations about the Service ("Feedback"), you grant us a perpetual, worldwide, royalty-free, irrevocable license to use, modify, distribute, and incorporate such Feedback into our products and services without compensation or attribution to you. You represent that you have the right to provide such Feedback and that it does not violate any third-party rights.
8.6 License Termination. Your license automatically terminates if you breach these Terms. Upon termination, you must immediately cease using the Service and may be required to delete all copies of our software. Sections that by their nature should survive termination will continue to apply.
9.1 Everdo's Intellectual Property. The Service is owned and operated by Everdo. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, promotional content, and all other elements of the Service ("Materials") provided by Everdo are protected by intellectual property and other laws. All Materials included in the Service are the property of Everdo or its third-party licensors. Except as expressly authorized by Everdo, you may not make use of the Materials. Everdo reserves all rights to the Materials not granted expressly in these Terms.
9.2 User Content Ownership. You retain ownership of all content you create, upload, or store using the Service, including but not limited to tasks, projects, notes, attachments, and other data ("User Content"). However, by using the Service, you grant Everdo a non-exclusive, worldwide, royalty-free license to use, store, process, and transmit your User Content solely as necessary to provide the Service to you, including for backup, synchronization, and technical support purposes.
9.3 Digital Millennium Copyright Act (DMCA). We respect the intellectual property rights of others and expect users to do the same. If you believe that content on our Service infringes your copyright, please contact us at https://everdo.net/contact with: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; (e) a statement that the notification is accurate and you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.
You may not use the Service to:
10.1 Illegal Activities. Engage in any unlawful activity or violate any applicable laws or regulations.
10.2 Harmful Conduct. Harass, threaten, abuse, or harm other users or third parties.
10.3 Intellectual Property Violations. Infringe, misappropriate, or violate any intellectual property rights or confidential information of others.
10.4 Security Interference. Circumvent security measures, reverse engineer the Service (except as permitted by law), or attempt to discover source code.
10.5 Service Disruption. Upload malicious code, spam users, collect personal information without consent, or interfere with the Service's operation or infrastructure.
10.6 Unauthorized Transfer. Sell, transfer, or sublicense your account, license rights, or access to the Service.
10.7 Circumvention. Attempt any of the above prohibited activities or assist others in doing so.
We reserve the right to investigate violations and take appropriate action, including account suspension, termination, and revocation of product keys or licenses.
11.1 Right to Modify. We reserve the right to change these Terms at any time in our sole discretion. When we make changes, we will post the updated Terms on our website and update the "Effective Date" at the top of these Terms.
11.2 Notice of Changes. When we make material modifications that substantially affect your rights or obligations, we will notify users by:
We make reasonable efforts to provide notice but are not responsible for delivery failures due to outdated contact information or technical issues beyond our control.
11.3 Acceptance of Changes. All modifications are effective immediately upon publication of the updated Terms on our website. Your continued use of the Service after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Service.
11.4 Immaterial Changes. Immaterial modifications (such as clarifications, formatting changes, or updates to contact information) are effective immediately upon publication and do not require advance notice.
11.5 Amendment Process. Except as expressly permitted in this Section 11 (Modification of these Terms), these Terms may be amended only by a written agreement signed by authorized representatives of both parties.
11.6 Governing Version. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose, except that the dispute resolution procedures will be governed by the most current version of these Terms.
12.1 Term. These Terms become effective when you first download, install, access, or use the Service and will remain in effect until terminated as provided below.
12.2 Termination by You. You may terminate your account and these Terms at any time by:
12.3 Termination by Everdo. We may suspend, disable, or terminate your access to the Service, your account, or these Terms at any time with or without notice for any reason, including:
12.4 Effect of Termination. Upon termination of these Terms:
12.5 Data Retrieval. After termination, we have no obligation to maintain or provide access to your User Content. We recommend exporting your data before termination. For Everdo Sync Service users, encrypted data may remain in our backup systems for up to ninety (90) days after termination but will be inaccessible without your devices and encryption passphrase.
12.6 Modification of the Service. We reserve the right at any time to:
We are not liable for any modification, suspension, or discontinuation of the Service. For material changes that substantially reduce functionality, we will provide reasonable advance notice where practicable.
12.7 Survival. The following sections will survive termination of these Terms: Section 4 (Payment Terms) with respect to accrued obligations, Section 8.5 (Feedback License), Section 9 (Ownership; Proprietary Rights), Section 10 (Prohibited Conduct) with respect to past conduct, Section 12.4 (Effect of Termination), Section 13 (Indemnity), Section 14 (Disclaimers; No Warranties), Section 15 (Limitation of Liability), Section 16 (Dispute Resolution and Arbitration), and Section 17 (Miscellaneous).
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Everdo and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Everdo Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) the nature or content of data processed by the Service; (e) User Content that violates federal, state, or local employment discrimination or harassment laws; (f) your use of the Service in violation of your obligations under any agreement between you and a third party, including, but not limited to, the maintenance and protection of third-party confidential information and trade secrets; or (g) any dispute or issue between you and any third party; (h) your breach of any privacy laws or regulations in connection with your use of the Service; or (i) any malicious code, viruses, or other harmful content you introduce to the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. EVERDO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
EVERDO DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND EVERDO DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR EVERDO OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING EVERDO OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
WITHOUT LIMITING ANY DISCLAIMER IN THESE TERMS, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM: (A) THE SERVICE OR ANY PLATFORM-SPECIFIC VERSIONS THEREOF; (B) YOUR INABILITY TO ACCESS, EXPORT, TRANSFER, RETRIEVE, OR REMOVE ANY USER CONTENT; (C) DATA LOSS OR CORRUPTION, INCLUDING DURING SYNCHRONIZATION ACROSS DEVICES; (D) INCOMPATIBILITY WITH YOUR DEVICES, OPERATING SYSTEMS, OR OTHER SOFTWARE; (E) INTERRUPTION OR DISCONTINUATION OF SERVICE ON ANY PLATFORM; (F) FAILURE OF THE EVERDO SYNC SERVICE OR OTHER CLOUD-BASED FEATURES; AND (G) THIRD-PARTY APP STORE POLICIES OR ACTIONS THAT AFFECT SERVICE AVAILABILITY.
YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS, USE, OR DISCLOSURE OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. EVERDO DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT EVERDO IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EVERDO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON OR AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EVERDO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE EVERDO ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO EVERDO FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) $100.
WITHOUT LIMITING THE FOREGOING, THE EVERDO ENTITIES WILL NOT BE LIABLE FOR:
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW DISPUTES WITH EVERDO ARE RESOLVED.
16.1 Tiered Dispute Resolution. You and Everdo agree to resolve disputes through the following process: (1) informal resolution, (2) small claims court for smaller disputes, and (3) binding arbitration for larger disputes and class actions, as described below.
16.2 Step 1: Informal Resolution. Before pursuing any formal dispute resolution, the party asserting a claim must first send written notice of the dispute to the other party and attempt to resolve the dispute informally for at least thirty (30) days. Notice to Everdo must be sent to:
Everdo LLC
Attn: Legal Department
971 US Highway 202 N #5093
Branchburg, NJ 08876
Or email: contact@everdo.net
Your notice must include your name, contact information, a description of the dispute, and the relief sought. We will provide notice to you at the email address associated with your account or product key purchase.
16.3 Step 2: Small Claims Court. If informal resolution fails, individual disputes involving $500 or less in claimed damages may be brought in small claims court in your jurisdiction or ours (New Jersey). Small claims court proceedings must be conducted on an individual basis only—no class actions or consolidated proceedings are permitted.
16.4 Step 3: Binding Arbitration. Except as provided in Section 16.5 (Exceptions to Arbitration), disputes involving more than $500 in claimed damages, or any dispute seeking class action treatment, must be resolved through binding individual arbitration rather than in court. This arbitration agreement is governed by the Federal Arbitration Act.
16.5 Exceptions to Arbitration. The following disputes are not subject to arbitration and may be brought in court:
16.6 Opt-Out Right. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. If you do not want to be bound by the arbitration provisions in Sections 16.4 and 16.8, you must notify us in writing within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, address, email address associated with your account (if any), and a clear statement that you do not wish to resolve disputes through arbitration. Send opt-out notices to:
Everdo LLC
Attn: Arbitration Opt-Out
971 US Highway 202 N #5093
Branchburg, NJ 08876
Or email: contact@everdo.net
Opting out of arbitration does not affect any other part of these Terms, including the informal resolution requirement and small claims court option.
16.7 Arbitration Rules and Process. Arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or if you are using the Service for business purposes, under its Commercial Arbitration Rules. The AAA's rules are available at www.adr.org. The arbitration will be conducted by telephone, online, or based solely on written submissions, as you choose. If an in-person hearing is required, it will take place in a location reasonably convenient to you. The arbitrator may award any relief that a court could award, including attorneys' fees when authorized by law.
16.8 Arbitration Fees. For arbitration proceedings:
16.9 No Class Actions. YOU AND EVERDO AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. This applies to disputes in both small claims court and arbitration. If this class action waiver is found unenforceable as to any particular dispute, that dispute must be severed and may proceed in court, but this will not invalidate the remainder of this dispute resolution process.
16.10 Mass Filing Procedures. If 15 or more similar demands for arbitration are asserted against Everdo by or with the assistance of the same law firm or organization within a 180-day period, the additional procedures in this subsection will apply. The AAA will randomly assign sequential numbers to each demand and conduct proceedings in batches of 5 demands per batch, with only one batch proceeding at a time unless otherwise agreed.
16.11 Modification and Enforceability. Everdo will not modify this dispute resolution provision to be less favorable to you without your explicit consent. If any part of this section is found unenforceable, that part will be severed and the remainder will remain in effect, except that if the class action waiver in Section 16.9 is found unenforceable, then the entire dispute resolution process may be conducted in court subject to applicable law.
16.12 Survival. This dispute resolution provision will survive termination of these Terms and your relationship with Everdo.
17.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Everdo regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to". If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
17.2 Governing Law. These Terms are governed by the laws of the State of New Jersey without regard to conflict of law principles. You and Everdo submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New Jersey for resolution of any lawsuit or court proceeding permitted under these Terms. We are incorporated under New Jersey law, and we make no representation that the Service is appropriate or available for use in other locations.
17.3 Privacy Policy. Please read the Everdo Privacy Policy (https://everdo.net/privacy) carefully for information relating to our collection, use, storage, and disclosure of your personal information. Everdo's Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
17.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
17.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
17.6 Contact Information. The Service is offered by Everdo LLC, a New Jersey limited liability company with registered address at 971 US Highway 202 N #5093, Branchburg, NJ 08876. You may contact us by sending correspondence to that address or by emailing us at https://everdo.net/contact.
17.7 International Use. The Service is operated from the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
17.8 Support. While we strive to provide reasonable support for the Service, we make no guarantee regarding response times or resolution of issues. Support is provided at our discretion and may be subject to published policies.
17.9 Trademark Notices. Android is a registered trademark of Google Inc. Apple and iOS are registered trademarks of Apple Inc. GTD® and Getting Things Done® are registered trademarks of the David Allen Company. Everdo LLC is not affiliated with or endorsed by the David Allen Company.
17.10 Export Control and International Trade Compliance. The Service and related technology are subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce. You agree to comply with all applicable export control laws and regulations. You represent and warrant that: (a) you are not located in, or a national of, any country subject to a U.S. government embargo or designated as a "terrorist supporting" country; (b) you are not listed on any U.S. government list of prohibited or restricted parties, including the Denied Persons List, Entity List, or Specially Designated Nationals List; and (c) you will not use the Service for any purpose prohibited by U.S. export control laws. You agree not to export, re-export, or transfer the Service to any prohibited destination, entity, or individual without required government authorization.
This Section applies only when you are using the Everdo mobile application on an iOS device. You acknowledge that these Terms are between you and Everdo LLC only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Everdo iOS application.
If the Everdo iOS application fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service.
Apple is not responsible for addressing any claims by you or any third party relating to the Everdo iOS application or your possession and/or use of the application, including: (a) product liability claims; (b) any claim that the Everdo iOS application fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Everdo iOS application and/or your possession and use of the application infringe a third party's intellectual property rights.
You agree to comply with any applicable third-party terms when using the Everdo iOS application. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.