Last updated: September 2025
Montblanc-Simplo GmbH has its registered offices at Hellgrundweg 100, D-22525 Hamburg. In these Terms of Use, we use the term Montblanc (and "we", "us" and "our") to refer to the head office of Montblanc at the registered address above and to its affiliates.
These Terms of Use represent a legal agreement between you and Montblanc-Simplo GmbH governing your use of the Montblanc Digital Paper and the associated mobile, web & desktop applications (together the “Device”), including all associated media and online or electronic documentation. These Terms of Use also contain an end user licence agreement in respect of your use of the Device (including the associated mobile, web & desktop applications). The Device is operated by or on behalf of Montblanc-Simplo GmbH.
Please read these Terms of Use carefully before using the Device. Your use of the Device is governed by and subject to the terms of these Terms of Use. By using the Device, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorised to continue to use the Device.
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the mobile, web & desktop applications. Any new version of these Terms of Use shall take effect and will govern the use of the Device and your relationship with us immediately upon the date of posting. By continuing to use the Device, you agree to be bound by the terms of these updates and amendments.
Our information collection practices are governed by the terms of our Privacy Policy (https://www.montblanc.com/en-us/terms-and-legal/privacy-policy).
You agree to use the Device only for lawful purposes and only in compliance with (i) all applicable local, national and international laws and regulations connected with the Device, (ii) these Terms of Use, and (iii) any reasonable instructions and guidelines that we may issue within the Device or otherwise in relation to the Device from time to time.
The Device shall not be used:
in connection with a criminal offence or other unlawful purpose or in any way condones violence, or is subject to legal issues;
to cause or be intended to cause annoyance, inconvenience, offence, abuse, harassment or needless anxiety;
to create, host, post, transmit, or re-transmit content that contains profanities, is disparaging, abusive, harmful, discriminatory, threatening or defamatory of Montblanc, or otherwise conducts or encourages “troll” behaviour;
to create, host, post, transmit, or re-transmit content that is disrespectful of other people’s opinions or is overtly political or engenders religious bias intended to incite others;
to infringe the intellectual property, confidential lity, privacy or publicity rights of third parties;
to send unsolicited e-mails or otherwise for unauthorised use or forging of email header information;
to upload malware, viruses, corrupted files or any other similar software or programmes that may damage the operation of any user’s Device, mobile, web & desktop applications;
to provide guidance, information or assistance with respect to causing damage or security breaches to Montblanc’s network or to the network of any other IP service provider;
to interfere with, to gain unauthorised access to, or otherwise violate the security of Montblanc’s or another party's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing; and
to circumvent user authentication or security of any host, network or account and shall not be used to execute any form of network monitoring which will intercept data not intended for you. Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user’s terminal session, via any means, is expressly prohibited.
You acknowledge that all intellectual property rights in the Device anywhere in the world belong to us or our licensors, that rights in the software or firmware that forms part of the Device are licensed (not sold) to you, and that you have no rights in, or to, the Device other than the right to use each of them in accordance with these Terms of Use.
The design, trademarks, service marks, logos and branding displayed in the Device and all content and information within it, belongs to Montblanc and its licensors, and are protected by intellectual property legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide and you must not use it except as strictly permitted by these Terms of Use.
In consideration of you agreeing to abide by these Terms of Use, Montblanc grants you a limited, non-transferable, non-exclusive licence to use the Device and its software or firmware, to install and use the mobile, web & desktop applications on any supported mobile device for your own educational, private or domestic use only. Your download of the mobile application is subject to the terms of download imposed by the operator of the app store from which you download the mobile application. We reserve all other rights not expressly granted to you under these Terms of Use.
You may not:
rent, lease, sell, sublicense, redistribute, adapt, vary or modify the Device;
copy, reverse engineer, decompile, attempt (in whole or in part) to obtain the source code of, modify or create derivative works of the Device, or any updates except to the extent that you cannot be prohibited from so doing under applicable law; or
adapt or circumvent or disable any technological protection measures contained in or used to protect the Device.
There are certain third parties with interests in the intellectual property used in the software of the Device, namely Wacom Co Ltd and its affiliates (“Third Party Beneficiary”). Montblanc and the Third Party Beneficiary, may enforce the matters described in the paragraph immediately preceding this paragraph.
You may download one computer copy or print one copy of the material made available to you as part of your use of the Device for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Device (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("Montblanc Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide. You are in charge of the content that you create (“Your Content”) and you need to make sure you follow relevant laws that may apply to Your Content. We are not responsible for ensuring that Your Content complies with these laws.
You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Montblanc Material in any way for any public or commercial purposes. Furthermore, Montblanc Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use the Montblanc Material will automatically terminate and any copies made of Montblanc Material must be immediately destroyed. Any unauthorised use of the Montblanc Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
This section applies to the Device only and not any other Montblanc products. Nothing in this section is intended to limit any of your rights pursuant to the Montblanc International Guarantee provided to you with the Device.
Montblanc hopes to provide helpful and accurate information on the Device, but makes no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Device. All information, services or recommendations is provided for informational purposes only. Montblanc is not responsible for the accuracy, completeness, reliability, effectiveness, or correct use of information displayed or accessed through the Device. If you rely on any information provided by Montblanc or available through the Device, then this is at your own risk. In addition, Montblanc does not warrant or represent that the use of the Device and/or Montblanc Material will not infringe rights of third parties.
Access and information transmitted in connection with the Device will pass over internet networks. We make no representation or warranty in connection with, and disclaim any liability for, the network or service (or the security of such network or service) used to access and use the Device.
Montblanc and its Third Party Beneficiary do not warrant that the functional and/or technical aspects of the Device will be error-free or that the Device, Montblanc Material or the servers that make them available are free of viruses or other harmful components. If use of the Device or Montblanc Material results in the need for servicing or replacing property, material, equipment, data or other element, Montblanc is not responsible for those costs. Without limiting the foregoing, everything on the Device is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Montblanc and its suppliers or licensors make no warranties about (i) the Montblanc Materials, software, text, downloads, graphics, and links of the Device, or about results to be obtained from using the Device; and (ii) the ability of the Device to integrate with any third party software (including compatibility issues arising out of upgrades released for mobile operating systems).
The Device is not suitable for emergency situations and should not be relied upon during such times. In the event that the Device is located within the property or control of a third party, you should inform law enforcement for the matter to be investigated in accordance with local laws.
Montblanc’s and its Third Party Beneficiary’s maximum aggregate liability under or in connection with these Terms of Use (including your use of the Device) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount that you paid for the Device, provided that nothing in these Terms of Use shall limit or exclude our liability for (i) death or personal injury resulting from our negligence, (ii) fraud or fraudulent misrepresentation, and (iii) any other liability that cannot be excluded or limited by law.
To the fullest extent permitted by applicable law, Montblanc shall not be liable for any (i) network or cloud service failure; (ii) any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of the Device (including reliance on information made available as part of your use of the Device) or (iii) any liability relating to any loss of use, interruption of business, lost profits or lost data; all regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Montblanc has been advised of the possibility of such damages.
Any claim made in connection with the Device must be made within one (1) year after the cause of action in respect of that claim arise.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
In general, all trademarks, logos and service marks that appear on the Device are registered, unregistered or otherwise protected Montblanc trademarks or are licensed for use by Montblanc by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Device should be construed as granting, by implication or otherwise, any licence or right to use any trademark without Montblanc’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Device, or any other content on the Device, except as provided herein, is strictly prohibited.
All content (including Montblanc Materials) on the Device are either Copyright © Montblanc or are licensed for use by Montblanc. All rights are reserved. Please refer to the section above on Use of Materials on the Device.
You agree that Montblanc may change or update the Device and its features at any time. Depending on the update, you may not be able to use the Device until you have downloaded the latest version of it and accepted any new terms.
As part of your use of the Device, you may subscribe to additional functionalities or services provided by third parties, such as internet network services or app store/platforms services. Your use of such applications or services will be subject to the terms and conditions of the third party. If you choose to use third party applications and services, then this is at your own risk and we are not liable for any issues arising out of such use.
You must also ensure that you keep your Device (including any passwords or usernames) secure. We are not responsible for any fraudulent activities that may result from your use of the Device.
The mobile application may contain links to other platforms operated by third parties not affiliated to Montblanc. The inclusion of any link to such third party sites does not imply endorsement by Montblanc of those sites. Montblanc has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the mobile application. If you choose to click through any link to off-site pages or third party sites then this is at your own risk.
You agree that Montblanc may terminate or suspend your access to and use of the Device if Montblanc reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Montblanc, its affiliated companies or any third party, with or without notice to you. You agree that Montblanc may modify or discontinue providing any use of the Device, with or without notice to you. You agree that Montblanc will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Disclaimers and Limitation of liability" and "General provisions" will survive termination of these Terms of Use.
If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.
These Terms of Use and the Privacy Policy for the device constitute the entire agreement between you and us in relation to the use of the Device, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
The waiver by Montblanc of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.
For all disputes outside of the United States: these Terms of Use shall be governed by and construed in accordance with the laws of Switzerland, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use. Where the laws of Switzerland are different to the mandatory consumer laws in your own country, we will afford you with similar protection.
For all disputes within the United States: The parties agree to submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of these Terms of Use, the Device, the services (including any network service) and your purchase and usage of the Device, including any related marketing or promotion. You and Montblanc both understand that we are waiving our rights to sue or go to court to assert or defend our rights. Notwithstanding the above, either you or us may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply.
Either party may initiate arbitration, which shall be conducted by AAA pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. The arbitration will be conducted before a single arbitrator, and unless you and we agree otherwise, including to conduct of arbitration by telephone or videoconference, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in New Jersey. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Montblanc will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, and agree to submit this decision to the arbitrator.
Both parties agree that the arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined on consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class or representative action must be brought in a court of proper jurisdiction and not in arbitration.
This arbitration provision shall be governed by, and interpreted, construed, and enforced in accordance with, the United States Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this arbitration provision, the law of the state of your residence will govern.
The software that forms part of the Device is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the United States Government or any contractor, you receive only those rights with respect to the software as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
You shall not in any circumstances export, directly or indirectly, any software or technical data (or any products, including software, incorporating any such data) in breach of any applicable laws or regulations, including United States export laws and regulations, to any country for which the United States or any other government or any agency thereof at the time of export requires an export licence or other governmental approval without first obtaining such licence or approval.
If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.
Montblanc-Simplo GmbH
Hellgrundweg 100
D-22525 Hamburg
Telefon: +49 40 84 001 0
Telefax: +49 40 84 001 300