Terms of Service

Last updated: December 2024

1. Acceptance of Terms

By downloading, installing, or using Evernote Backup Tool ("the Software"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Software.

These Terms constitute a legal agreement between you and aluo.app ("we", "us", or "our"), the developer and provider of the Software.

2. License Grant

2.1 Free Version

The free version of Evernote Backup Tool is provided under a limited license that allows you to:

  • Initialize and create a local database
  • Sync notes from your Evernote account
  • View database statistics

2.2 Pro Version

Upon purchase of a Pro license, you are granted a non-exclusive, non-transferable, perpetual license to:

  • Use all features of the Software, including export functionality
  • Install the Software on up to 3 personal devices
  • Receive free updates to the current major version

2.3 Restrictions

You may not:

  • Redistribute, sell, lease, or sublicense the Software
  • Reverse engineer, decompile, or disassemble the Software
  • Remove or alter any proprietary notices or labels
  • Use the Software for any illegal purpose
  • Share your activation code with others

3. Purchases and Payments

3.1 Pricing

The Pro license is available as a one-time purchase. Prices are displayed on our website and may be subject to change. Any price changes will not affect licenses already purchased.

3.2 Payment Processing

Payments are processed by Stripe. By making a purchase, you also agree to Stripe's terms of service and privacy policy.

3.3 Refund Policy

Due to the nature of digital products, all sales are generally final and non-refundable. Once a license key has been delivered, it cannot be "returned" in the traditional sense.

Exception: If the Software fails to function as described due to technical incompatibility with your system, and our support team is unable to resolve the issue after reasonable troubleshooting efforts, you may request a refund. To be eligible:

  • You must contact support@aluo.app with a detailed description of the issue
  • You must cooperate with our support team to attempt resolution
  • The issue must be verifiable and related to the Software's core functionality

Refunds are not available for dissatisfaction with features, buyer's remorse, or if the Software works as intended. We encourage you to try the free version first to ensure compatibility with your system before purchasing.

4. User Responsibilities

You are responsible for:

  • Maintaining the security of your Evernote account credentials
  • Creating and maintaining backups of your local database files
  • Ensuring you have the right to backup and export your Evernote content
  • Complying with Evernote's terms of service when using their API
  • Using the Software in compliance with all applicable laws

5. Intellectual Property

The Software, including its code, design, and documentation, is the intellectual property of aluo.app and is protected by copyright and other intellectual property laws.

"Evernote" is a trademark of Evernote Corporation. Evernote Backup Tool is an independent product and is not affiliated with, sponsored by, or endorsed by Evernote Corporation.

6. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

We do not warrant that:

  • The Software will meet your specific requirements
  • The Software will be uninterrupted, timely, secure, or error-free
  • The results obtained from using the Software will be accurate or reliable
  • Any errors in the Software will be corrected

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of data or data corruption
  • Loss of profits or business opportunities
  • Damage to computer systems or devices
  • Any other losses arising from the use of the Software

Our total liability to you for any claims arising from the use of the Software shall not exceed the amount you paid for the Software license.

8. Data and Privacy

Your use of the Software is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

You acknowledge that the Software stores data locally on your device, and you are solely responsible for maintaining the security and backup of this data.

9. Third-Party Services

The Software connects to third-party services, including:

  • Evernote API: Subject to Evernote's Terms of Service
  • Stripe: For payment processing, subject to Stripe's terms

We are not responsible for the availability, reliability, or functionality of these third-party services.

10. Termination

We reserve the right to terminate or suspend your license if you violate these Terms. Upon termination:

  • Your right to use the Software will cease immediately
  • You must destroy all copies of the Software
  • Your locally stored data remains yours to keep

11. Changes to Terms

We may update these Terms from time to time. We will notify users of material changes by posting the updated Terms on our website. Your continued use of the Software after any changes indicates your acceptance of the new Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which aluo.app operates, without regard to its conflict of law provisions.

13. Contact Information

If you have any questions about these Terms, please contact us:

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.