Terms and Conditions
- Introduction
These terms and conditions govern the Phrase Research Program (“Program”) offered by Phrase a.s., a joint stock company incorporated under the laws of the Czech Republic, with its registered office at Václavské náměstí 2132/47, Nové Město, 110 00 Prague 1, Czech Republic, Identification Number: 247 07 139, registered in the Commercial Register under file number B 20324, maintained by the Municipal Court in Prague, Czech Republic (“Phrase”). By applying for the Program, participants agree to comply with these terms and conditions (“Terms”).
- Program Description
The Program consists of participating in usability tests, surveys, and interviews related to UX and design in Phrase’s products. Participation in the Program is voluntary and without claim to reward.
- Eligibility
The Program is open worldwide to individuals, who are 18 years of age or older with an experience from the localization industry. Employees and contractors of Phrase are not eligible to participate in the Program.
Participants for individual studies within the Program will be selected based on specific research study needs, e.g. their localization role or Phrase product usage (“Participant”). The Participant selection process is at the sole discretion of the program organizers.
- Participation
Participants may apply for the Program by completing an application form provided by Phrase. Phrase will review the applications and select Participants for the specific study needs and up to its own discretion. Participation in the Program is voluntary and Participants may withdraw from the Program at any time by contacting Phrase via email research@phrase.com.
Participants are expected to provide honest and constructive feedback on the Phrase products. This may include completing surveys, participating in interviews, and testing products or similar activities (“Session”). The time commitment is, depending on the scope of the Session, estimated to be 30-90 minutes per Session.
The Participant, by participating in the Program, in particular for Sessions, grants consent to Phrase (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 «Recording»).
Such Recording will be used only for Phrase’s internal purposes in accordance with carrying out the Program or assessment of the Program. The Participant shall not request any fees and remuneration for Recording and expressly relinquishes any such fees and remuneration. The Participant hereby agrees that Phrase shall have right, title, and interest over the Recording or any other intellectual property created under these Terms in connection with the Program concerning the Participant.
- Personal Data
The Participant acknowledges that Phrase may need to collect and further process the following personal data provided by the Participant in order for the Participant to take part in a Program: (i) contact details: first name, surname, email address; (ii) for Sessions: picture or an audio-video recording of Participant and their voice; individual responses to questions, screenshots or video of the screen the Participant is using or mouse tracking and key tracking.
Participant personal data will only be processed for the purposes of carrying out the Program and Sessions, sending messages by Phrase concerning the Program, and the assessment interviews performed by Phrase.
Phrase will comply with all applicable data protection laws in relation to the handling of personal data obtained during the Program. Participant’s personal data will be kept confidential and used only for the purposes of the Program as set out above. For information on how Phrase processes personal data, please see the Research Privacy Policy.
- Confidentiality
Any information provided to the Participant, whether directly or to which access is gained, during or as a result of the Program 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 Phrase to damage or be detrimental to Phrase’s goodwill. For this reason, Phrase may refuse to provide Participants with a recording of a Session. 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 6, the Participant shall pay Phrase a contractual penalty of EUR 10,000. The payment of the contractual penalty does not affect Phrase’s 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.
- Intellectual Property
All intellectual property rights in the Program materials, including but not limited to surveys, interview scripts, and other materials provided by Phrase, are owned by Phrase.
Participants of the Program may provide feedback to Phrase relating to the operation and functionality of a Phrase Solution, including suggestions, enhancement or feature requests, recommendations, and corrections. Participant grants Phrase a worldwide, exclusive, perpetual, irrevocable, royalty-free licence to use and incorporate such feedback into any Phrase Solution.
- Limitation of Liability
To the extent allowed under the applicable law, Phrase shall not be held liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with participation in the program.
- Conduct
Participants must behave respectfully and professionally during surveys and interviews. Any form of harassment, discrimination, or other inappropriate behavior will not be tolerated.
- Termination
Participants may cancel their membership in the Program at any time by contacting Phrase at research@phrase.com.
Phrase reserves the right to exclude any Participant from any Program activity at any time for any reason and terminate these Terms with immediate effect upon delivery of an email to such Participant.
- Governing Law and Jurisdiction
These Terms and the relationship between Phrase and Participant will be governed by the laws of the Czech Republic. Any disputes arising out of or related to the Program or these Terms will be subject to the exclusive jurisdiction of the applicable courts of Prague, Czech Republic.
- Entire Agreement
These Terms constitute the entire agreement between the parties with respect to the Program and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties.
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.
If you have any questions or concerns regarding these terms and conditions or the Program, please contact Phrase at research@phrase.com.
Effective as of 19 July 2024