Version 1.0, effective as of March 15th, 2018
These General Research Terms and Conditions (referred to as the "General Terms") set forth the terms of an Agreement by which You (the "Participant") and JetBrains s.r.o., with registered office at Na hřebenech II 1718/10, 140 00 Prague, Czech Republic ("JetBrains"), may participate from time to time in any JetBrains product research, interviews, usability studies, or any other research activity as defined in the special terms governing such activity ("Research"). You must be at least 18 years of age in order to become a Participant. JetBrains reserves the right to change these General Terms at any time without notice.
These General Terms are effective upon acceptance and govern the Participant's engagement in Research together with special research terms and conditions governing the particular research activity, the Participant has selected to take part in ("Special Terms"). In the event these General Terms conflict with any Special Terms, the Special Terms will take precedence. If you do not agree to be bound by the General Terms, you may terminate the Agreement entered into with JetBrains at any time by sending an email to legal@jetbrains.com.
JetBrains reserves the right to exclude any Participant from any Research at any time for any reason.
The Participant acknowledges that JetBrains may need to gather and process the following personal data from them in order for the Participant to take part in any Research: first name, surname, email address. If the Participant is eligible for a Reward, JetBrains may need their real name, physical address, and phone number. Your personal data will only be processed for the purposes of carrying out the Research, the Research assessment, sending of messages by JetBrains concerning the Research and the assessment interviews performed by JetBrains, and if the Participant is entitled to a Reward, to deliver the Reward to the Participant. The personal data you provide to JetBrains will be processed in accordance with the JetBrains Privacy Policy available here. Upon acceptance of the General Terms, a confirmation email will be dispatched to the email address of the Participant with relevant information and link to these General Terms. The Participant can terminate this Agreement at any time by sending an email notice to legal@jetbrains.com containing a request to terminate this Agreement.
The Participant understands that JetBrains may share the Participant's personal data identified in clause 4 above, or any feedback that the Participant has provided to JetBrains, with its Affiliates outside of the EU solely for the purposes of carrying out the Research. For the purposes of this Agreement, Affiliates are companies controlled by, controlling, or under common control with JetBrains. All of the JetBrains Affiliates adhere to the Privacy Policy and applicable laws. JetBrains will remove all of the Participant's personal data once the Research is concluded.
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.
Any information provided to the Participant, whether directly or to which access is gained, during or as a result of the 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 to JetBrains or be detrimental to JetBrains' goodwill. This 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 7, 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.
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 General Terms or Special 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 expiry or termination of the General Terms and/or the Agreement.
JetBrains may offer to provide the Participant with a single compensatory reward for each properly completed Research activity ("Reward") as identified in the Special Terms. If a Reward is offered, the type and amount of the Reward shall be announced to the Participant via email, on the JetBrains website, or in the description of the Research. 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 Research. 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.
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 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 Research completion as the case may be.
This Agreement is governed by the laws of the Czech Republic. All disputes arising from this Agreement will be resolved by the applicable courts of Prague, Czech Republic.
The relationship between JetBrains and the 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.
If any part of the General 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 General Terms shall continue in effect. Unless otherwise specified herein, these General 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 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.