Terms of Service — NoPressure

NoPressure EAP Terms of Service

Version 0.1.

Welcome to the NoPressure EAP Terms of Service!

IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY CLICKING THE “I AGREE” (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU AT THE TIME OF YOUR FIRST USE OF THE JETBRAINS SOFTWARE, SUPPORT OR PRODUCTS, YOU ARE BECOMING A PARTY TO THESE TERMS, YOU DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO SUCH AGREEMENT, AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW.

THIS IS AN EARLY ACCESS VERSION OF THE PRODUCT. YOU EXPRESSLY ACKNOWLEDGE THAT THIS VERSION OF THE PRODUCT MAY NOT BE RELIABLE, MAY NOT WORK AS INTENDED, AND MAY CONTAIN ERRORS. ANY USE OF THE EAP PRODUCT IS AT YOUR OWN RISK.

By accepting these NoPressure Terms of Service, You confirm that You understand them, agree to them, and are at least 18 years of age.

1. Introduction

These EAP Terms of Service (“Terms”) are entered into between JetBrains s.r.o., a company with its registered office at Na hřebenech II 1718/8, Nusle, 140 00 Prague 4, Czech Republic, Corporate Identification No.: 265 02 275, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 86211 (“JetBrains”, “We”, or “Us”) and You, an individual or a legal entity that you represent (“You”). If You accept these Terms on behalf of a legal entity, You confirm that You are authorized to enter into agreements on behalf of that legal entity.

2. Definitions

“Affiliate” means, with respect to any party, any entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control of that party. ‘Control’ for such purposes means the possession, direct or indirect, of the power to direct or affect the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract, or otherwise. You are responsible for the compliance of Your Affiliate with these Terms.

“AI Service” means an artificial intelligence or machine learning based service provided by Us directly or through a partnership with a third party, which is connected by Us into NoPressure.

“EAP” means any of the Early Access, Beta, Preview, and Nightly programs as referenced in the preamble of these Terms and described on the JetBrains Website.

“EAP Period” means a period during which You can use NoPressure under these Terms as determined by Us.

“Input” means any speech or other verbal communication provided by a User to NoPressure for the purpose of generating Outputs, together with any data recorded by NoPressure that captures or describes the non-verbal aspects of such communication (including, without limitation, tone, pitch, pauses, or other characteristics of expression).

“JetBrains Acceptable Use Policy” means the JetBrains Products Acceptable Use Policy available at https://www.jetbrains.com/legal/docs/terms/acceptable-use-policy.

“JetBrains Website” means the NoPressure product website and any other website operated by Us.

“NoPressure” means the hosted AI-powered simulator for role-playing and debugging difficult conversations known as NoPressure.

“Output” means any conversational response, transcript, or other content generated by NoPressure in connection with an Input, including any analyses, evaluations, or recommendations relating to such conversation.

“User” means any employee, independent contractor, or other individual who obtains access to NoPressure from You (including, for the avoidance of doubt, Your Affiliates).

3. Your Rights and Responsibilities

3.1. Right to use NoPressure. Subject to Your compliance with these Terms, We grant You, a royalty-free, non-exclusive, revocable, conditional right to access and use NoPressure for the duration of the EAP Period. We reserve the right to limit Your use of NoPressure during EAP through quotas, rate limits, and other similar mechanisms and terminate the EAP Period at any time.

3.2. Your responsibilities. You are responsible for:

(a) Users – Your and Your Users’ actions and omissions while using NoPressure. If You become aware that any User breaches these Terms, You must notify Us and immediately revoke that User’s access to NoPressure;

(b) Confidentiality and security – keeping Your usernames, passwords, and access tokens confidential and secure, and making sure that Your Users do the same;

(d) Equipment – maintaining a suitable internet connection in order to access NoPressure and to receive any deliveries (all the deliveries under these Terms will be electronic). It is also Your responsibility to have access to any hardware and any third-party software needed to run NoPressure, such as a connected JetBrains product and a browser with compatible data security protocols;

(e) Your Inputs – deciding on which Inputs will be submitted to NoPressure (including ensuring that it is legal for You and Your Users to make these submissions). You are also responsible for all legal consequences, such as claims, damages, losses, liabilities, costs, and expenses, that result from Your Inputs. If You become aware that any of Your Inputs breach these Terms or the rights of another person (‘third party’), You must notify Us without undue delay;

(f) Evaluation of Outputs– making sure that Outputs made by NoPressure are correct and can be used for Your purposes; and

(g) Compliance with laws – ensuring that You and Your Users use NoPressure according to all applicable laws and governmental regulations.

3.3. Restrictions. You must not, and You must make sure Your Users do not:

(a) Interfere – reverse-engineer, disassemble, or decompile all or part of NoPressure, or try to derive the source code of NoPressure in any way, unless applicable law allows it;

(b) Steal – modify all or part of the NoPressure binaries, or modify, alter, tamper with, repair, or otherwise create derivative works of NoPressure, unless We give You express permission;

(c) Transmit illegal data – use NoPressure to upload, store, or share, or allow others to upload, store, or share, any material that is criminal, offensive, defamatory, or otherwise unlawful or a tort, or that breaches the privacy or intellectual property rights of anyone else. We reserve the right, but not the responsibility, to reject or remove any Inputs, suspend or ban any User, or close any User account that We believe breaches these Terms, any other legal agreement with Us, or Our policies, or is otherwise illegal;

(d) Facilitate unauthorized access – allow unauthorized access to NoPressure, unless expressly permitted by these Terms;

(e) Resell or distribute – resell or otherwise provide NoPressure or access to NoPressure to any third party, except if We give You express permission; and

(f) Hack – utilize any procedures or tools to bypass NoPressure security, or utilize or allow NoPressure to be utilized for the purpose of hacking, tunneling, or otherwise gaining unauthorized access to any computer or system.

(g) Unacceptable use – use NoPressure in a manner prohibited by JetBrains Acceptable Use Policy or in the policy of ElevenLabs (JetBrains’ subcontractor) available at https://elevenlabs.io/use-policy.

4. Intellectual Property Rights and Ownership

4.1. Our Rights. All intellectual property rights or other proprietary rights to NoPressure are retained by Us or our licensors. This includes all NoPressure-related copyrights, trademarks, patents, and other registered or unregistered intellectual property. With the exception of the license granted to You under these Terms, nothing in these Terms grants, by implication or otherwise, to You or any third party any intellectual property rights or other right, title, or interest in or to the Product or any other intellectual property.

4.2. You Own Your Inputs. As between You and Us and to the extent permitted by applicable law, You own the Inputs and keep all proprietary rights, including intellectual property rights, to them. Every time You submit an Input to NoPressure, You confirm that You have the right to submit the Input and understand that You are doing so at Your own risk and that You are solely responsible for this step and all consequences of its use in NoPressure. You also indemnify Us from any liability relating to this Input (see the ‘Indemnification’ Section).

4.3. Your Rights to Outputs. We do not claim any right to, title to, or interest in the Outputs and, to the maximum extent permitted by applicable law, We assign all our rights to them to You. You acknowledge that Outputs are generated as a non-exclusive response to Your Inputs, so the same or similar Outputs can also be generated for other NoPressure customers, based on their inputs. You also understand that the Outputs are a result of third-party AI Services.

4.4. Feedback. To the extent You provide any ideas, suggestions, recommendations, proposals, or other feedback to the Product, You give Us the right to use, change, commercialize, and incorporate any of it into the Product. You cannot withdraw this permission after it is given (it is irrevocable), and it is perpetual. You acknowledge that We are not required to pay a fee for this feedback and that We can transfer and give similar rights to Your feedback to anyone else worldwide.

5. Access and Your Data

5.1. Processing for Service Provision. If You use NoPressure, You give Us (and our subcontractors, their subcontractors and Affiliates) the permission to host, store, copy, alter, utilize, parse, and display Your Inputs and Outputs in order to provide You with the service.

5.2. Further Permissions. You give Us permission to use data related to Your use of NoPressure for the following purposes:

(a) To improve Our products’ features based on anonymous usage data – We have the right to analyze and use anonymized behavioral data related to Your use of NoPressure for usage analysis and product improvement as described in the Data Collection and Use Policy. The usage data used for this purpose does not include the content of Your Inputs or Outputs.

(b) For security reasons – Your Inputs and Outputs may be monitored by Us or Our subcontractors to prevent violation of applicable acceptable use policies and may be stored and used for a limited period. We can access Your Inputs and Outputs if We have a good reason to believe this access is required to maintain the ongoing confidentiality, integrity, availability, performance, and resilience of Our systems and NoPressure; and

(c) If We are legally required – We have the right to access, review, and remove all or a part of Your or Your Users’ Inputs and Outputs if We have a good reason to believe that the Input or Outputs breach the law or these Terms. You understand that there are laws that could require Us to disclose Your Inputs and Outputs, and, if these laws apply, We are obliged to comply with them.

5.3. Restriction on the use of Your Inputs and Outputs for the training of AI models. We undertake that We will not use Your Inputs and Outputs to train any generative AI models.

5.4. Confidentiality. We agree that We will keep Your Inputs and Outputs confidential. We will not disclose them to any third party, We will take commercially reasonable measures to prevent any unauthorized access to them, and We will only use them to provide You with the NoPressure service and to exercise Our rights and comply with Our obligations under these Terms or applicable law, except as expressly permitted in these Terms or by You through NoPressure. You agree that We may engage third parties to provide a part of NoPressure that will have access to Your Inputs and Outputs. The confidentiality obligation set out in this paragraph does not prevent Us or third parties engaged by Us from using the same or similar information obtained independently on Your Inputs or Data without a breach of any contractual or other legal obligation.

6. Indemnification

6.1. Indemnity. If there are any claims, damages, losses, liabilities, or fees and similar expenses, including fair (‘reasonable’) attorney fees, brought against Us or the providers of AI Services connected to NoPressure that are related to any of the following claims (each of these is defined as a “Claim”):

(a) Access and use of NoPressure – Your or Your Users’ access or use of NoPressure. This includes any actions taken by Your Users in relation to NoPressure;

(b) Breach of these Terms – the breach of these Terms (including the JetBrains Acceptable Use Policy) by You or any of Your Users;

(c) Your Inputs and Outputs – This includes any allegation that Your Inputs and Outputs, or their use, development, design, production, advertising, or marketing, infringe upon the rights of someone else (a ‘third party’), or that You have illegally or without permission claimed someone else’s rights; or

(d) Disagreements – disagreement between You, or any of Your Users, and another person; then You agree to indemnify, defend, and hold Us and Our owners, directors, employees, agents, and representatives harmless, and to indemnify, defend, and hold Our affiliates or the providers of AI Services and their owners, directors, employees, agents, and representatives harmless, from any and all Claims.

6.2. Indemnity Claims. We will quickly (‘promptly’) let You know if someone makes a Claim. If We fail to let You know quickly, then that failure will only affect Your obligation to indemnify Us to the extent that Our failure to inform You quickly adversely affected Your ability to defend Us against the Claim. When You are defending Us against the Claim, You can choose Your own lawyer, with Our written permission. If You have Our written permission, You can resolve (‘settle’) the Claim as You decide (‘at Your discretion’). However, We can take full control of Your defense and settlement at any time.

7. Warranty Limitation

7.1. No Expressed Warranty. The Product is licensed to You on an “as is” and “as available” basis. This means that You agree to use it at Your own risk, and We make no express warranty as to the Product’s use or performance and do not represent or warrant that in any way that the Product:

(a) is accurate, reliable, or correct;

(b) will meet Your requirements;

(d) is free of defects or errors and that any, if found, will be corrected; and/or

(e) is free of viruses or other harmful components.

7.2. Disclaimer of Warranties. To the maximum extent permitted by applicable law, We disclaim all warranties and conditions, whether express or implied (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement) with regard to the Product and the provision of any related support, updates, or upgrades.

7.3. No Rights from Defective Performance. As the Product is provided free of charge, to the maximum extent permitted by applicable law, You acknowledge that You have no rights from defective performance, and You waive all statutory rights arising from defective performance.

8. Disclaimer of Damages

8.1. Exclusion of Damages. To the maximum extent permitted by applicable law, in no event will We be liable to You, Your affiliates, users, or anyone else for

(a) any special, incidental, indirect, consequential, exemplary, or punitive damages whatsoever, including for lost profit;

(b) any loss of use, data, goodwill, or profits, whether or not foreseeable; and

(c) any loss or damages in connection with the termination or suspension of Your access to the Product in accordance with these Terms;

and You waive a right to claim compensation for any such loss or damage.

8.2. Limitation of Liability. Our total liability in all matters arising out of or in relation to these Terms is limited to the greater of five (5) U.S. dollars or the aggregate amount paid or payable by You under these Terms during the three-month period preceding the event giving rise to the liability, and You waive a right to claim compensation for any excess loss or damage. This limitation will apply even if We have been advised of the possibility of liability exceeding such an amount and notwithstanding any failure of the essential purpose of any limited remedy. This limitation will not apply to cases when the liability cannot be limited by the applicable law.

8.3. Force Majeure. We will not be responsible for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond Our reasonable control. This includes any ‘acts of God’, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, public health emergencies, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

9. Temporary Suspension

We can immediately suspend Your or Your Users’ right to use all or part of NoPressure if We have a good reason to (‘reasonably’) believe that:

i) Exceeding the usage limits - You reached or exceeded the limit of Inputs that are set by Us for Your usage of NoPressure (these limits may be subject to change during the EAP Period);

ii) Threats – Your or Your Users’ use of NoPressure might adversely impact or pose a security, privacy, or legal risk to NoPressure or any of its parts, Us, or another person (‘third party’);

iii) Breach of terms – You or Your Users breached these Terms, applicable law, Our policies, or someone else’s rights.

We will make a reasonable effort to let You know of a suspension. Suspensions are temporary, but if the reasons for suspension are not resolved, We can end these Terms (see the ‘Term and Termination’ Section).

10. Term and Termination

10.1. Term. These Terms will commence upon acceptance of these Terms by You, and it will continue for the duration of the EAP Term, until it is terminated by either party according to these Terms or applicable law.

10.2. Termination by Us. We may terminate these Terms by a notice sent to You in email or otherwise in writing if:

(a) You materially breached these Terms and failed to remedy the breach within thirty (30) days of written notice;

(b) We are required to do so by law (for example, where the provision of the Product is, or becomes, unlawful).

10.3. EAP Termination. We may terminate these Terms immediately at any time for convenience (including by no longer designating NoPressure as a part of an EAP). JetBrains may notify You of any such termination by posting the information on the JetBrains Website or by sending an email to the email address You provided.

10.4. Withdrawal. You have the right to cease using the Product and withdraw from these Terms at any time without providing any reason. In such a case, You must cease using NoPressure.

We may terminate these Terms immediately at any time for convenience (including by no longer designating NoPressure as a part of an EAP). JetBrains may notify You of any such termination by posting the information on the JetBrains Website or by sending an email to the email address You provided.

Upon expiration or termination of these Terms by You under this Section, Sections 4.4, 6, 7, 8, and 12 of these Terms will remain in effect.

For the avoidance of doubt, should You continue using the non-EAP versions of NoPressure after the expiration or termination of these Terms or the applicable EAP Period, the applicable terms and conditions for NoPressure will apply.

11. Export Control Laws

11.1. Export Control Compliance. You must comply with all applicable laws and regulations with regard to economic sanctions, export controls, import regulations, restrictive measures, and trade embargoes (all herein referred to as “Sanctions”), including those of the European Union and the United States. You declare and warrant that You are not a person targeted by Sanctions, nor You are otherwise owned or controlled by or acting on behalf of any entity or person targeted by Sanctions. You agree that You will not download or otherwise export or re-export the Product or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use the Product for any end use prohibited or restricted by Sanctions.

11.2. Reporting of Non-Compliance. You must immediately report any concerns of non-compliance regarding Sanctions to compliance@jetbrains.com and cooperate with Us in Our efforts to verify and ensure compliance with Sanctions.

12. Miscellaneous

12.1. Reservation of Rights. We reserve the right at any time to cease Our support of the Product and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability, and other characteristics of the Product.

12.2. Severability. If any provision of these Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of any other provision of these Terms.

12.3. Changes. From time to time, We may ask You to accept the updated version of these Terms (“Updated Terms”) in connection with new versions, features, updates, enhancements, or other changes to NoPressure or how We offer NoPressure to users. We will notify You about the Updated Terms either by displaying it to You in NoPressure. By accepting the Updated Terms or by continuing to use NoPressure after the effective date specified in the notification, You agree to be bound by the Updated Terms instead of these Terms. We respect that You may not agree to the Updated Terms. If that is the case, You can withdraw from these Terms before the effective date of the change according to Section 10.4.

12.4. No Waiver. Our failure to enforce or exercise any part of these Terms is not a waiver of the respective Section.

12.5. No Assignment. You may not assign or otherwise transfer any right or obligation under these Terms or these Terms themselves to a third party without Our prior written consent.

12.6. Relationship Between the Parties. You represent that You are not an agent, a partner or in a joint venture with Us or Our subcontractors (such as ElevenLabs) and You shall not hold Yourself out as such an agent or partner or in a joint venture. However, You agree that Our subcontractors are third-party beneficiaries of this Agreement.

12.7. Entire Agreement. These Terms constitute the entire agreement between You and Us in relation to its subject matter and replaces and supersedes all prior agreements, representation, understandings, and undertakings of any nature made, whether oral or written, in relation to that subject matter.

12.8. Governing Law and Disputes Resolution. These Terms are governed by the laws of the Czech Republic, without reference to conflict of laws principles and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. Any disputes arising out of or in connection with these Terms will be finally resolved by a competent court of the Czech Republic having territorial jurisdiction based on Our registered office at the moment of the conclusion of these Terms unless provided otherwise by applicable consumer laws.

12.9. Personal Data. Any information directly or indirectly identifying an individual or other data protected under an applicable law as personal data (“Personal Data”), that We will process on Your behalf in connection with these Terms, will be processed in accordance with the Data Processing Addendum at https://www.jetbrains.com/legal/dpa/ which is a part of (‘incorporated into’) these Terms. We may also process some of Your Personal Data in connection with these Terms in our capacity as a data controller in accordance with our Privacy Policy at https://www.jetbrains.com/legal/docs/privacy/privacy/.

12.10. Consumer Protection. If You are a consumer, You may have certain rights, which may not be limited or excluded and which may vary from jurisdiction to jurisdiction. In the extent to which the exclusions or limitations in these Terms are not legally permitted, such provisions shall not apply to You. This shall in no way affect the validity or the applicability of the remaining provisions of these Terms. If You are a consumer, You may further have a right to raise a complaint with a supervisory authority or settle a dispute out of court through the extrajudicial dispute resolution entity. For more information, depending on Your country, please visit https://www.jetbrains.com/legal.

For further information, please contact us at legal@jetbrains.com.

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