Usability Study Terms and Conditions

Version 1.1, effective as of June 8th, 2018

  1. These Usability Study Terms and Conditions (referred to as the "Usability Study Terms") together with the General Research Terms and Conditions available here ("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 related usability studies and related activities as specified by JetBrains ("Usability Study"). You must be at least 18 years of age in order to become a Participant. JetBrains reserves the right to change these Usability Study Terms at any time without notice.

  2. These Usability Study Terms are effective upon acceptance and govern the Participant's engagement in a JetBrains Usability Study together with the General Terms. In the event of these General Terms conflicting with the Usability Study Terms, the Usability Study Terms will take precedence. If you do not agree to be bound by the Usability Study Terms or the General Terms, you may terminate the Agreement entered into with JetBrains at any time by sending an email to legal@jetbrains.com.

  3. Usability Study refers to the gathering of feedback from the Participant relating to JetBrains and its competitors' products and services, which may consist of activities relating to JetBrains software tools. This may involve the use of a new product, creating new projects, performing refactoring, navigating the product UI or otherwise using the functionality of products and services. The Usability Studies may help JetBrains to generate ideas concerning the enhancement of the end user experience which may ultimately benefit JetBrains wider-customer base. Such Usability Studies shall be conducted in person by representatives of JetBrains or through an online interface. If the Usability Study requires the physical presence of the Participant, JetBrains representatives and the Participant shall mutually agree on a time and place where the Usability Study will take place.

  4. The Participant acknowledges that JetBrains needs to gather and process the following personal data from them in order for the Participant to take part in any Usability Study: first name, surname, email address, picture, and video recording of you and your voice, screenshots or video of the screen the Participant is using during the Usability Study, mouse tracking and key tracking during the Usability Study. Your personal data will only be processed for the purposes of carrying out the Usability Study, the assessment of the Usability Study and sending of informative messages by JetBrains concerning the Usability Study and the assessment interviews performed by JetBrains. The personal data you provide to JetBrains will be processed in accordance with our Privacy Policy available here. Upon acceptance of the Usability Study Terms, a confirmation email will be sent to the email address of the Participant with all the relevant information and a link to these Usability Study Terms. The Participant can terminate this Agreement at any time by sending an email notice to legal@jetbrains.com containing the request to terminate this Agreement.

  5. The Participant understands that JetBrains may share the Participant's personal data identified in clause 4 above or any feedback the Participant has provided to JetBrains, with its Affiliates outside of the EU solely for the purposes of carrying out the Usability Study. For the purposes of this Agreement, Affiliates are companies controlled by, controlling or under common control of JetBrains. All of the JetBrains Affiliates adhere to the Privacy Policy and applicable laws.

  6. The Participant hereby grants consent to JetBrains in accordance with §77 and §84 of the Act no. 89/2012 Coll. Civil code of the Czech Republic by accepting these Interview Terms to create an image, video, and/or audio record of the Participant, or their expressions of a personal nature (jointly referred to as the "Picture"). Such Picture will be used only for internal purposes in JetBrains in accordance with clause 4 above. The Participant shall not request any fees or remuneration for such Picture and expressly gives up such fees and remuneration.

  7. 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.

  8. 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 or claim any benefits available to the personnel of JetBrains under / before any law or forum.

  9. If any part of the Usability Study 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 Usability Study Terms shall continue in effect. Unless otherwise specified herein, these Usability Study Terms, together with the 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 Usability Study. 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.