reMarkable develops and sells paper tablets for reading, writing and sketching. The paper tablet may be connected to a cloud service (“reMarkable Connect”) which enables additional features such as conversion of handwritten notes to text, automatic and secure back up as well as synchronization of content between different devices such as the reMarkable paper tablet, computers and mobile phones. reMarkable Connect and the subscription features are described in further detail on reMarkable’s website, www.remarkable.com.
In order to use reMarkable Connect you must enter into a subscription agreement which gives you access to the cloud service (the “Connect Agreement”). By signing up for a user account at my.remarkable.com, you acknowledge that you have read and understood the Connect Agreement. The Connect Agreement constitutes a binding agreement when you have accepted the terms and conditions through the sign-up process, subject to confirmation by reMarkable as mentioned in clause 1 below.
Please note that purchase of reMarkable hardware and accessories are subject to separate terms and conditions.
1. Account registration and password
In order to access or use certain features of reMarkable Connect, you must register for a user account. You must be at least the age of legal majority where you reside (e.g. 18 years old) to register an account. All registrations are subject to acceptance by reMarkable at its discretion.
You agree to provide accurate, current, and complete information during the registration process and at all times when you use reMarkable Connect and to update such information if it changes. We reserve the right to suspend or terminate your account if any information provided during the registration process or at other times proves to be inaccurate, not current, or incomplete.
Upon registration for an account with us, you will be asked to create a username and password at my.remarkable.com. You must always keep your username and password confidential and use it only to access and use your account, and not for any other purpose. You are the only authorized user of your account and, accordingly, you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorized use of your account or error in the operation of your username and/or password (see contact information below). Any breach of this Connect Agreement or any use of your account by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.
2. Subscription options
A basic subscription is provided free of charge upon registration of a user account at my.remarkable.com. Additional features require a premium subscription that is subject to a rolling subscription fee (in addition to the price paid for hardware such as reMarkable paper tablets).
reMarkable reserves the right to change the subscription fees or applicable charges and to institute new charges and fees, upon thirty (30) days prior notice (which may be sent by email). Your continued use of reMarkable Connect after the end of the notice period of the aforementioned changes to fees or charges constitute your consent to such fees or charges.
WHEN YOU REGISTER FOR A PAID PREMIUM SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU AT THE BEGINNING OF EVERY MONTH OR OTHER PERIODIC BASIS (AS SELECTED BY YOU VIA THE REMARKABLE WEBSITE) FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR REMARKABLE SUSPENDS OR STOPS PROVIDING ACCESS TO REMARKABLE CONNECT IN ACCORDANCE WITH THE SUBSCRIPTION AGREEMENT.
Premium subscriptions are subject to availability and reMarkable reserves the right to impose any limits or reject part or all of an order or discontinue offering certain subscriptions or services without prior notice, even if you have already placed an order.
3. Subscription license and subscription period
You are granted a limited, revocable, non-exclusive and non-transferable right to use the subscription features and services in accordance with your current subscription plan and the Connect Agreement during the subscription period.
4. Payment and automatic renewal for premium subscriptions
The subscription fee
The subscription fee and any other applicable charges including taxes, transaction fees or other charges will be charged to your payment method on the billing date indicated on the website, the receipt and/or in your account settings. For the avoidance of doubt, reMarkable is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method.
Your subscription will continue and automatically renew for the applicable subscription term you selected when signing up for or modifying your account (e.g. monthly or, if applicable, some other term) unless cancelled in accordance with section 5. You agree that we may process your payment on or near the calendar day corresponding to the start of your billing cycle as applicable.
Authorization of payments
By providing a payment method that reMarkable accepts, you represent and warrant that you are authorized to use the designated payment method and that you permit reMarkable (or our third party payment processor) to charge your payment method for the total amount of applicable subscription fees or other purchase (including any applicable taxes and other charges). You must resolve any problem reMarkable encounters to proceed with your order. In the event you want to change or update payment information associated with your account, you can do so by logging into your account profile and editing the payment information.
You will be responsible for paying all past due amounts even if your account is suspended, disabled, cancelled or terminated for nonpayment or for otherwise violating the Connect Agreement or other applicable laws. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to your subscription to reMarkable Connect, and we will advise you by email if we use a new payment method. If you want to use a different payment method or if there is a change in payment method, please visit your user account on my.remarkable.com to update.
If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order or subscription may be suspended or cancelled.
You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription plan or changes in applicable taxes or other charges, and you authorize reMarkable (or our third party payment processor) to charge your payment method for the corresponding amount.
You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase of a subscription or other products or services. reMarkable will collect applicable sales tax if it determines that reMarkable has a duty to collect sales tax. reMarkable will present any taxes that it is required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.
From time to time reMarkable may offer free or reduced rate promotional trials of certain paid premium subscriptions for specified periods of time without payment or for a reduced promotional price. If reMarkable offers you a free or promotional trial, the specific terms of the free or promotional trial will be provided in the marketing materials describing the particular trial, during the online registration process when the code for the trial is entered on the reMarkable operated websites.
ONCE THE FREE OR PROMOTIONAL TRIAL ENDS, YOU AUTHORIZE REMARKABLE (OR OUR THIRD PARTY PAYMENT PROCESSOR) TO BEGIN CHARGING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS THE SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL THE SUBSCRIPTION PRIOR TO THE END OF THE FREE OR PROMOTIONAL TRIAL OR OTHERWISE CANCEL THE SUBSCRIPTION IN ACCORDANCE WITH SECTION 5.
5. Cancellation of the subscription and duties upon cancellation
You may cancel your subscription to reMarkable Connect at any time and without cause by logging into your user account and following the instruction to cancel at my.remarkable.com or by contacting reMarkable through this Contact Form.
For paid subscriptions, cancellation of your subscription will take effect at the end of your current billing period. You will be responsible for all charges (including applicable taxes and other charges) incurred with respect to fees processed prior to the cancellation of your paid rolling subscription. If you purchase a subscription through a third party, such as Apple’s AppStore or Google Play, you must use the tools made available by those services to manage and/or cancel your subscription.
We offer no refunds of subscription fees unless required by applicable law.
Upon termination of your subscription and/or user account, whether by reMarkable or by you, you will lose access to subscription features, hereunder cloud storage, third party integrations and additional warranties (if applicable pursuant to the terms and conditions governing purchase of reMarkable hardware and accessories). You must ensure to download all data that you wish to retain from the reMarkable Connect before the subscription period expires. reMarkable provides a standard file format for such data export through reMarkable Connect.
6. Technical requirements
You are responsible for obtaining and maintaining all hardware, software, third party services and other equipment needed for the access and use of reMarkable Connect, and you are responsible for all charges and expenses related thereto, including internet access. reMarkable reserves the right to cancel access to reMarkable Connect in the event your failure to maintain and update own hardware or software should represent a security risk for reMarkable.
Information about the platform, hardware and software requirements for reMarkable Connect is available here (“Technical Requirements”).
The Technical Requirements may be updated by reMarkable without prior notice. reMarkable shall, however, notify you at least 60 days in advance if reMarkable will stop supporting previously supported Technical Requirements.
Amendments to Technical Requirements shall not affect your use of reMarkable Connect, but if you fail to meet the Technical Requirements, subsequent updates and extensions to the service may become unavailable to you.
7. Service levels and planned downtime
To the full extent permitted by applicable law, reMarkable Connect is provided “as is” and as a standardized service to anyone who has a valid subscription. reMarkable Connect shall, however, fulfill the quality and accessibility requirements generally associated with this type of service. A subscription gives you a right to use reMarkable Connect features as defined by reMarkable, and your use is not conditional or tied to a specific version or functionality. reMarkable shall not be responsible for ensuring that the service fits the purpose for which you use reMarkable Connect. reMarkable reserves the right to make improvements, add, modify or remove functionality.
You acknowledge that reMarkable Connect will not always be completely free of errors and that the improvement of reMarkable Connect is a continuous process. You are further aware that successful use of reMarkable Connect is dependent on equipment and factors that you are responsible for (such as adequate internet connection) or which are outside of reMarkable’s control. reMarkable is not liable for any discontinuance or disruption of the operation of the reMarkable Connect caused by a default in any third party service or by your own circumstances which is necessary to access the service, including errors in internet connections, browsers, operating systems or other third party software. Third party software and operating system updates etc. may influence the usability of reMarkable Connect, and reMarkable has no responsibility in this regard. reMarkable will however always use its best efforts to accommodate and develop reMarkable Connect based on updates etc. relating to hardware and software supported by reMarkable in accordance with the Technical Requirements specified above.
You are responsible for backing up the content in reMarkable Connect, and reMarkable encourages you to do so in order to avoid loss of data. reMarkable shall under no circumstance be liable to you for loss of data.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, REMARKABLE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
You agree to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, reMarkable Connect; (b) your violation of the Connect Agreement or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to reMarkable Connect, (c) any personal data or other data or content related to you or other users which you provide, upload or input into reMarkable Connect, or (d) your violation of any applicable law or any rights of any third party related to your use of reMarkable Connect.
9. Personal data
reMarkable acts as a data controller under applicable data protection law with respect to processing of your personal data necessary to establish and maintain a customer relationship, to handle order and payments, respond to inquiries, resolve errors, maintain security and fulfil legal obligations such as book-keeping and data breach notification. reMarkable will process such personal data in accordance with reMarkable’s Privacy Notice.
reMarkable acts as a data processor under applicable data protection law with respect to processing of personal data contained in files or documents that is uploaded to your reMarkable Connect account (“Your Content”). Such processing is governed by the Data Processing Addendum, which is incorporated into this Connect Agreement.
You may contact firstname.lastname@example.org if you need a business associate agreement pursuant to HIPAA regulations.
10. Acceptable use
You may not:
- use reMarkable Connect in any way which violates any laws, infringes anyone’s rights (including but not limited to intellectual property rights such as copyright)
- offer for sale or lease, sell, resell or lease access to reMarkable Connect in any way or manner
- attempt to reverse engineer reMarkable Connect or any software or other component used therein
- use reMarkable Connect in a way that damages or interferes with reMarkable Connect or any of its features
- otherwise be in breach of any acceptable use guidelines that we may issue from time to time.
You own and are responsible for all data, information and material of any kind uploaded to your user account, including personal data. Where applicable, you are responsible for compliance with all requirements under applicable data protection laws, including ensuring that the processing is founded on an appropriate legal basis such as consent. You are fully responsible for ensuring that the data or information that is uploaded to your reMarkable Connect account is not in violation of any applicable laws and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights.
reMarkable has no obligation to monitor your use of reMarkable Connect to ensure compliance with the Connect Agreement or applicable law. However, reMarkable reserves the right to suspend and/or terminate your account without warning if reMarkable reasonably suspects that there might be a breach of the Connect Agreement or mandatory laws of your country of residence.
11. User content
You are solely responsible for any content you submit, post, display or make available through the reMarkable Connect (“Your Content”). Unless otherwise agreed in writing, reMarkable does not claim any ownership rights in Your Content and nothing in the Connect Agreement restrict any rights that you may have to use and exploit Your Content.
The Connect Agreement do not give reMarkable any rights to Your Content except for the limited rights that are necessary to enable us to offer reMarkable Connect, so that technical actions we take in operating reMarkable Connect are not considered legal violations. You grant reMarkable a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, store, modify (such as converting handwritten notes into text) and adapt Your Content on reMarkable Connect and associated software services solely for the purpose for which Your Content was submitted or made available. The above license extends to others with whom reMarkable has contractual relationships as solely and as necessary to enable the provision of reMarkable Connect features and services, and to otherwise permit access to or disclose Your Content to third parties if reMarkable determines such access is necessary to comply with its legal obligations.
If you elect to use any third-party integrations with reMarkable Connect, additional licenses to process Your Content are necessary and granted through separate terms. reMarkable does not assume any responsibility for, or liability on account of, the actions or omissions of such third-party applications or service providers.
12. Marketing and service communication
When you subscribe to reMarkable Connect, we may send you electronic marketing to the email address provided to us if and to the extent permitted by applicable law. You have the right to unsubscribe by clicking on the link provided in the footer of every marketing email sent by us or by using our Contact Form. We may also send you functional emails containing information regarding your subscription.
13. Breach of the Connect agreement
If you breach the Connect Agreement, we may take such action as we deem appropriate including termination of the Connect Agreement pursuant to section 14 below. Breaches of the Connect Agreement by you may result in actions including, but not limited to, all or any of the following actions:
- issue of a warning
- immediate, temporary, or permanent removal of any content submitted, uploaded or transferred to your reMarkable Connect account
- immediate, temporary, or permanent withdrawal of your right to use any reMarkable Connect features
- legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach, and/or
- disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.
Termination by you
You may delete your user account and/or stop using reMarkable Connect at any time. To terminate your user account you must contact us through our Contact Form or by using the contact information below. Terminating your account is non-reversible. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Connect Agreement), including any fees paid in advance for the billing cycle during which you terminate. Termination of your user account will not relieve you of any obligation to pay any accrued fees or charges.
Termination by reMarkable
reMarkable may terminate the Connect Agreement for any reason with three months’ notice, unless such termination is due to a material breach of the Connect Agreement by you (see ‘Termination by default’ below).
reMarkable may not terminate the Connect Agreement during a refund period pursuant to the terms and conditions for purchase of hardware such as the reMarkable paper tablet, unless (i) reMarkable offers another solution with similar capabilities, or (ii) you are in material breach of the Connect Agreement.
Termination by default
Without limiting your rights under section 5, you are entitled to terminate the Connect Agreement with immediate effect if reMarkable is in material breach of the Connect Agreement.
reMarkable may terminate your user account with immediate effect if you are in material breach of any provisions of the Connect Agreement. Material breach includes but is not limited to (i) use reMarkable Connect as part of any crime or illegal behavior (including without limitation all kinds of fraud), (ii) use of reMarkable Connect in a manner that may result in losses or the risk of loss for reMarkable or any third party, (iii) attempts by you to amend reMarkable Connect or to use any other software or hardware other than reMarkable’s software or hardware or third party applications approved by reMarkable to access or use reMarkable Connect features or services or (iv) payment default lasting more than 20 days, provided reMarkable has provided you with at least one payment reminder (which may be sent by e-mail).
Right to withdrawal
If you reside in the European Economic Area you have the right to cancel a paid subscription within 14 days of signing up for or upgrading to a paid subscription. You may exercise your right by using our Contact Form.
Consequences of termination
Upon termination of the Connect Agreement, you will lose access to reMarkable Connect and its benefits and features, including benefits awarded to ‘Continuous Connect Customers’ pursuant to terms and conditions governing the purchase of reMarkable hardware and accessories. You must ensure to download all data that you wish to retain from reMarkable Connect before termination of the Connect Agreement. We will not be responsible for providing you with a copy of any of your data unless required by law and we will delete any data within 7 days of the termination of this Connect Agreement.
15. Suspension of reMarkable Connect
We may, from time to time, with or without prior notice, temporarily suspend the operation of any reMarkable Connect features and/or associated services (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
16. Limitation of liability
To the full extent permitted by applicable law, reMarkable shall only be liable for direct loss caused by reMarkable’s breach of the Connect Agreement and shall not be liable for indirect loss, consequential, special, punitive or incidental damages arising from or related to your use of inability to use reMarkable Connect unless caused intentionally or by gross negligence. For the purposes of this agreement, indirect loss means loss of profits, loss of reputation, loss of data, and other losses which, in accordance with Norwegian law, are regarded as indirect losses. reMarkable is not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Connect Agreement that is caused by events outside our reasonable control.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF REMARKABLE OR ITS AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THIS CONNECT AGREEMENT EXCEED THE GREATER OF (1) THE COMPENSATION PAID BY YOU, IF ANY, TO REMARKABLE FOR REMARKABLE CONNECT FOR THE 12 MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO LIABILITY OR (2) $100.
17. Force majeure
reMarkable shall not be responsible nor liable to you for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of the Connect Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under the Connect Agreement.
18. Intellectual property rights
reMarkable and/or its licensors own all legal right, title and interest in and to reMarkable Connect, including but not limited to graphics, user interface, the scripts and software used to implement the service, and any software provided to you as a part of and/or in connection with reMarkable Connect, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that reMarkable Connect (including the software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of reMarkable Connect in compliance with the Connect Agreement. No portion of reMarkable Connect may be reproduced in any form or by any means, except as expressly permitted in these terms.
The Connect Agreement does not imply any right for you beyond the limited rights of use expressly granted in section 3 above. Use of reMarkable Connect except as permitted in the Connect Agreement, is prohibited and infringes on the intellectual property rights of others. Such infringements may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
19. Integrations and use of third parties
As part of reMarkable Connect, you may have the opportunity to integrate your account with certain third party service providers. We reserve the right to add, remove or modify available third party integrations at any time. Any use of such integrations are subject to the Third Party Integrations Terms and Conditions.
reMarkable may use sub-contractors to deliver reMarkable Connect, including all support and maintenance services.
reMarkable reserves the right, at its sole discretion, to modify, discontinue or terminate reMarkable Connect and its features and benefits without prior notice. reMarkable also reserves the right to amend and change the terms of this Connect Agreement by using reasonable efforts to notify you of changes, unless the change is due to a legal obligation which requires a notice period. Your continued use of the reMarkable Connect will confirm your acceptance of such changes, unless the change is deemed as material and your explicit consent is required. reMarkable encourages you to frequently review this Connect Agreement and any other applicable policies and guidelines to ensure you understand the terms and conditions that apply to your use of reMarkable Connect. If you do not agree to the amended terms, policies or guidelines, you must stop using reMarkable Connect.
Notice shall be given by e-mail to the e-mail address provided in your user account profile and shall be deemed given to you on the day the email is sent.
21. Complaints, dispute resolution and governing law
If you have questions relating to reMarkable Connect or wish to make a complaint, reMarkable may be contacted by via an online form available at www.remarkable.com.
If you are resident of the European Economic Area, you may also file your complaint through the European Union Online Dispute Resolution at https://ec.europa.eu/consumers/odr.
If you want an additional copy of the Connect Agreement that you have accepted, reMarkable will submit this to you upon request.
This Connect Agreement shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court. These terms will not limit any rights that you may be entitled to under the mandatory laws of your country of residence.
You may not transfer or assign any or all of its rights or obligations under this Connect Agreement.
All notices given by you to us must be given in writing through our Contact Form or to the address set out at the end of these terms. We may give notice to you either to the email or postal address you provide to us when placing an order.
reMarkable may transfer or assign any or all of its rights and obligations under this Connect Agreement to an affiliate.
If reMarkable fails to enforce any of its rights under the Connect Agreement, this does not result in a waiver of any such rights.
If any provision of this Connect Agreement is found to be unenforceable, all other provisions shall remain unaffected.
This Connect Agreement and any document expressly referred to in it represent the entire agreement between you1 and reMarkable in relation to the subject matter.
Organization number 917 352 836
Registered in the Register of Business Enterprises in Norway
Address: Biermanns gate 6, 0473 Oslo, Norway