General Market Research Terms and Conditions
Version 2.0, effective as of May 11, 2022
1) Introduction. These General Market Research Terms and Conditions (referred to as the "Terms") form an agreement by and between an individual natural person, you (the "Participant", "you") and JetBrains s.r.o., a private limited company incorporated and existing under the laws of Czech Republic, with its registered office at Na Hřebenech II 1718/8, 140 00 Prague, Czech Republic, Company ID No.: 265 02 275, registered in the Commercial Register kept by the Municipality Court in Prague, Section C, File 86211 ("JetBrains"), under which you may participate from time to time in a JetBrains product or market research, survey, interview, usability study, diary study, contextual inquiry or any other market research activity ("Market and User Research"). You must be at least 18 years of age in order to participate in any Market and User Research.
2) Terms. Your participation in any Market and User Research is governed by these Terms. You accept and agree to these Terms by: (i) accepting an invitation from JetBrains or an authorized third party to participate in Market and User Research; (ii) signing up to participate in a Market and User Research activity; or (iii) signing up to the JetBrains Tech Insights Lab, irrespective of whether you take any of these steps on a webpage, social media account or email. You can end your participation in a Market and User Research, and/or withdraw from these Terms, at any time by sending an email to email@example.com or by unsubscribing to all JetBrains email communication in the Communication Center.
3) Additional Terms. You understand that we may present you with additional terms and conditions, policies and/or instructions in connection with a particular Market and User Research activity or method, including on the JetBrains website or on any JetBrains social media account. If you do not agree with these additional terms and conditions, policies and/or instructions, you must not participate in the particular Market and User Research activity.
4) Email contact. In order to participate in a Market and User Research, you must provide us with an email address that you regularly check and to which we can send important information about the Market and User Research activity, including legal notices. In these Terms, we will refer to this email address as your "Contact Email".
5) Participating in Market and User Research. You understand that the Market and User Research you are participating may involve gathering of information and feedback from Participants about JetBrains and/or its competitors’ products and services, the IT and software industry in general, and/or software feature usage, user preferences, attitudes or values. This information may be used by JetBrains to improve its products and services and support the wider JetBrains customer base. JetBrains may use various methods of Market and User Research, or combination of such methods, and the below list is not comprehensive:
a) An Interview that may consist of one or several interviews, responding to specific groups of questions, and conducted either by means of the telephone, in person, or through an online interface.
b) A Survey that may consist of answering questionnaires, survey forms, or other forms of providing feedback to JetBrains about programming languages, software feature usage, user preferences, attitudes, and/or any other topics of interest. It is conducted either by means of remote electronic communication, in person or through an online interface.
c) A Usability Study that may consist of activities related to the use of JetBrains software products and tools. This may involve the Participant’s practical use of a product, creating a project, performing refactoring, navigating the product UI or otherwise using the functionality of JetBrains products and services. A Usability Study will be conducted in person or through an online interface where JetBrains representatives observe the performance of a Participant when using a product in the real time.
d) A Diary Study that may consist of keeping a diary, journal or notes of a Participant's interactions with software products and tools, any significant incidents or problems during the use, or other aspects of their ways of working. The diary may be accompanied by screenshots or other supporting evidence and is provided to JetBrains for evaluation and assessment. JetBrains usually conducts a follow-up Interview with the Participant.
6) JetBrains Tech Insights Lab. JetBrains coordinates many Market and User Research activities through the ‘JetBrains Tech Insights Lab’. By signing up to the JetBrains Tech Insights Lab, you agree that we can send you invitations to various Market and User Research activities, process the personal data you provide (see below) and your responses to Market and User Research activities. The JetBrains Tech Insights Lab is created and operated by the JetBrains Market Research & Analytics Team for internal purposes. This means that we do not sell or otherwise transact with the information you provide to the JetBrains Tech Insights Lab. However, certain functionality in the JetBrains Tech Insights Lab is supported by third-party service providers, listed here Third-Party Services, and we may provide your information to them (see below). You can manage subscriptions to the JetBrains Tech Insights Lab through the JetBrains Communication Center.
7) Rewards. JetBrains may, but is not required, to offer you, if a natural person, with a single compensatory reward for selected properly completed Market and User Research activity ("Reward"). Mainly for Interviews or Usability Studies, JetBrains may offer to hold Raffles of JetBrains products as Reward for randomly selected Participants in order to incentivise higher number of Participants. If a Reward is offered, the type and amount of the Reward will be announced to You via email, on the JetBrains website, or in the specific description of the Market and User Research activity. JetBrains group employees, contractors, and their close relatives may not be eligible for a Reward. The Reward is the sole and exclusive compensation available to the Participant and therefore the Participant is not entitled to any other remuneration or reimbursement, including for possible expenses, or otherwise in relation to the Market and User Research. The Participant needs not to accept and utilize the Reward. The Participant is responsible for all local sales taxes, VAT, levies, bank charges, and any other applicable taxes or charges that may apply to the Reward.
8) In-Person Market and User Research. In case a Market and User Research is conducted in person, a JetBrains representative and a Participant shall mutually agree in advance on a time and place where the Market and User Research will take place. Upon prior mutual agreement, JetBrains may directly arrange and pay for the Participant’s accommodation, travel, and/or other reasonable and substantiated expenses, if required for conducting the Market and User Research.
9) Personal Data. The Participant acknowledges that JetBrains may need to collect and further process the following personal data from You in order for the Participant to take part in a Market and User Research: (i) Contact details: first name, surname, email address; (ii) for Interviews and Usability Studies: phone number, picture or an audio-video recording of You and your voice; individual responses to our questions (iii) for Usability Studies: screenshots or video of the screen the Participant is using or mouse tracking and key tracking. If the Participant is eligible for a Reward, JetBrains may need Your (iv) real name, email, physical address, and phone number. Your personal data will only be processed for the purposes of carrying out the Market and User Research, the Market and User Research assessment, sending of messages by JetBrains concerning the Market and User Research and the assessment interviews performed by JetBrains, and if the Participant is entitled to a Reward, to deliver the Reward to the Participant. Participant data will be stored in the JetBrains Tech Insights Lab for one year from the last time You have been invited to participate in a Market and User Research activity, following this term all responses will be anonymised.
11) Data Access. The Participant understands that JetBrains may process the Participant’s personal data, or any feedback that the Participant has provided to JetBrains, in cooperation with the associated companies of JetBrains inside or even outside of the EU solely for the purposes of carrying out the Market and User Research, including delivery of a Reward (if any). For the purposes of these Terms, associated companies are companies controlled by, controlling, or under common control with JetBrains. JetBrains and its associated companies act as joint data controllers, who are jointly responsible for compliance with applicable data protection legislation. JetBrains is primarily responsible for exercising the rights of data subjects and providing information about data processing. JetBrains will anonymise all the Participant’s personal data following one year the Market and User Research is concluded.
12) Records. The Participant, by participating in a Market and User Research, in particular for Interviews or Usability Studies, grants consent to JetBrains (in accordance with articles on protection of human personality under the Act no. 89/2012 Coll., Civil Code, as later amended) to create an image of their likeness, video, and/or audio record concerning the Participant, or its expressions of a personal nature (jointly referred to as the "Picture"). Such Picture will be used only for JetBrains’ internal purposes in accordance with carrying out the Market and User Research or Market and User Research assessment. The Participant shall not request any fees and remuneration for such Picture and expressly relinquishes any such fees and remuneration. The Participant hereby agrees that JetBrains shall have right, title, and interest over the Picture or any other intellectual property created under these Terms in connection with a Market and User Research concerning the Participant. The Participant shall at no point of time make any claim in relation to any intellectual property right(s) derived out of the Terms.
13) Third-party Software. The Participant understands that installation of any third-party software components on their personal computer is solely within their responsibility and authority. JetBrains takes no responsibility and will accept no liability for the performance of any third-party software tools.
14) Confidentiality. Any information provided to the Participant, whether directly or to which access is gained, during or as a result of the Market and User Research shall be kept confidential by the Participant. The Participant shall not engage in the dissemination or publication of any such confidential information as this might subject JetBrains to damage or be detrimental to JetBrains’ goodwill. For this reason, JetBrains may refuse to provide You with a recording of an Interview or a Usability Study. The duty of confidentiality is perpetually binding upon the Participant. The Participant shall not use the confidential facts and information to their advantage or to the advantage of third parties. If the Participant breaches the confidentiality provisions of this Section 14, the Participant shall pay JetBrains a contractual penalty of USD 20,000. The payment of the contractual penalty does not affect JetBrains’ claims for additional damages under applicable law. Confidential Information does not include information which: (i) becomes part of the public domain through no fault of the Participant; (ii) is independently developed by or has been within the custody of the Participant; (iii) is learned by the Participant from a third party but not being under any confidentiality obligation; or (iv) is required to be disclosed under applicable law.
15) Indemnification. The Participant agrees to defend, indemnify and hold JetBrains, its employees, directors, officers, agents, and their successors and assigns harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of the Participant’s obligations under these Terms or arising out of the Participant’s violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the termination of the Terms.
16) Materials. In the event any documents, instructions, discs or other media, lists, guides, aids, plans, software, and other materials, items and recorded information are provided to the Participant in relation to the Market and User Research ("Materials"), the Participant shall return all such materials to JetBrains within seven (7) days or delete all such Materials at the request of JetBrains or upon Market and User Research completion as the case may be.
17) Changes. JetBrains reserves the right to change these Terms, including the terms for any Reward, at any time without notice. The effective version of the Terms will be provided to You by email in the invitation for a Market and User Research, published on the JetBrains website here or in the description of a Market and User Research.
18) Participation. JetBrains reserves the right to exclude any Participant from any Market and User Research activity at any time for any reason and terminate these Terms with immediate effect upon delivery of an email to such Participant.
19) ESOMAR Code of Conduct. JetBrains is a member of ESOMAR and commits to the values and guidelines in accordance with the ICC/ESOMAR International Code on Market, Opinion and Social Market Research and Data Analytics.
20) Governing law. The Terms and the relationship between You and JetBrains in connection with Your participation in a Market and User Research are governed by the laws of the Czech Republic. All disputes arising from the Terms or in connection with a Market and User Research will be resolved by the applicable courts of Prague, the Czech Republic.
21) Independent Relationship. The relationship between JetBrains and a Participant is independent in nature and the Participant shall not claim to be a partner, employee, agent, or joint venture partner of or with JetBrains, nor claim any benefits available to the personnel of JetBrains under / before any law or forum.
22) Severability. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed to be superseded by the valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire terms between the Participant and JetBrains and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Participant and JetBrains with respect to the Market and User Research. Our failure to act with respect to a breach by the Participant or others does not waive our right to act with respect to subsequent or similar breaches.