memoQ Design Lab is a membership program owned and operated by memoQ Ltd., Beke sgt. 14., GYULA, H5700 Hungary (“memoQ Ltd.”), through which users of memoQ products and technologies can influence design and development decisions of the memoQ design and development teams. Membership is open for licensed users or subscribers of memoQ products and services. This document contains the terms and conditions that apply when members register for, contribute to, and benefit from the memoQ Design Lab membership program.
The memoQ Design Lab membership program accepts individuals or legal entities (“Member”) who are licensed users of at least one memoQ products, or who are subscribers of the memoQ cloud server service, and use these technologies as part of, or connected to, their work or business activity.
memoQ design lab is not a discount or loyalty program. Its objective is technological development, with the improvement of memoQ technologies being the only – mutual – benefit to the Parties.
memoQ design lab is owned, hosted, and operated by memoQ Ltd. For registry and tax identifiers and contact details, please refer to the Legal page: https://www.memoq.com/legal.
I. Accepting the Membership Terms
- Member may only register for, contribute to, and use the benefit of the memoQ Design Lab after they accept these Membership Terms, and thus enter into a membership contract with memoQ Ltd.
- Member accepts the Membership Terms and enters into contract with memoQ Ltd. by checking the check box on the online form where they apply to enroll in memoQ Design Lab.
- Member may access, download, or print these Membership Terms at all times from the following web page: https://memoq.com/legal/memoq-design-lab-membership-terms.
II. Description of the memoQ Design Lab
- The Design Lab is the effort of memoQ Ltd. to collect user feedback in order to improve memoQ technologies, products, and services. Through the memoQ Design lab, memoQ Ltd. intends to collect individual user feedback.
- memoQ Ltd. invites Members to participate in various studies. For each study, memoQ Ltd. will select a group of Members, in order to reach out to users with different levels of experience, working in different roles, and using different areas of memoQ technologies. memoQ Ltd. invites Members to each study by sending e-mails with details about upcoming studies individually.
- As of May 13, 2018, memoQ Ltd. may conduct one or all of the following studies (“Study”) with contribution from Members:
- Survey: A survey is a short questionnaire that helps memoQ Ltd. understand Member’s needs and improve memoQ. A survey takes between 5 to 10 minutes.
- Usability Test: In a usability test, memoQ Ltd. allows Member access a prototype or the design of an upcoming memoQ feature or product, and asks Member to perform some tasks with it.
- User interview: A user interview is a web conference with screen sharing where Member allows memoQ Ltd. to observe how Member uses memoQ technologies in real life. A user interview takes between 1 to 2 hours.
- memoQ Ltd. reserves the right to add more types of Studies, remove or restrict existing Studies, depending on the design and development needs and feedback from Members.
III. Enrolment and registration
- Member requests enrolment in the memoQ Design Lab by accessing the registration page, filling in details, and accepting the Membership Terms.
- As a prerequisite to enrolment in the memoQ Design Lab, Member must have at least license to a memoQ product, or a subscription for the memoQ cloud server.
- memoQ Ltd. may approve or reject Member’s enrolment request. memoQ Ltd. may reject the enrolment request without specifying a reason.
IV. Selection and contribution
- memoQ Ltd. will conduct Studies to collect user feedback. memoQ Ltd. may invite Members for each such Study.
For each Study, memoQ Ltd. will select and invite a limited number and circle of Members. memoQ Ltd. will determine the selection criteria at their sole discretion.
Member acknowledges and accepts that memoQ will not involve all Members to each Study. Moreover, memoQ does not guarantee that a Member will be invited to a study. Neither does memoQ guarantee that Member will be invited to specific types of studies, although memoQ takes into account such preferences and profiles.
If Member accepts the invitation from memoQ Ltd. to a Study, Member agrees to be available at a previously agreed time for the previously agreed type of Study. Upon accepting the invitation for a Study, Member also agrees to perform all tasks memoQ Ltd. deems necessary for the Study to be useful.
When providing feedback, Member agrees to allow memoQ Ltd. to process and use the contents of the feedback indefinitely, for the sole purpose of plan, design, and develop memoQ technologies.
- memoQ Ltd. may offer Member early (pre-release) access to memoQ technologies, which may allow Member to improve their production environment and efficiency ahead of competitors.
- If the implementation of a piece of memoQ technology is directly influenced by feedback from Member, Member may be recognized and credited as one of the designers or contributors to memoQ technology.
- memoQ Ltd. will benefit from the memoQ Design Lab program by receiving assistance in the planning, design, and development of certain memoQ technologies.
V. No compensation, remuneration, or discounts
- Parties agree that neither Party is entitled to any kind of direct compensation or remuneration for creating, hosting, or contributing to Studies, or for the provision of pre-release technology.
- Member acknowledges and accepts that the membership in or the contribution to the memoQ Design Lab does not entitle Member to any kind of discounts or rewards regarding the products and services of memoQ Ltd., unless Parties enter into a separate, written agreement.
- memoQ Ltd. acknowledges and accepts that the provision of pre-release memoQ technologies and the hosting of the memoQ Design Lab does not entitle memoQ Ltd. to any kind of discount or rewards regarding Member’s products and services, unless Parties enter into a separate, written agreement.
VI. Termination of the memoQ Design Lab. Expiry, cancellation, or termination of membership
- memoQ Ltd. may terminate or close the memoQ Design Lab without specifying a reason. memoQ Ltd. will send or publish a closure notice 30 calendar days prior to termination.
- Member may cancel their membership in the memoQ Design Lab at any time, without specifying a reason. Member may request to cancel their membership by sending a cancellation notice to memoQ Ltd. in e-mail, to firstname.lastname@example.org.
- Parties may set Member’s membership to expire at a future date without giving a reason. If Member’s membership is set to expire, both Parties may request the renewal of the membership anytime before the expiry date. Either Party has the right to accept or reject the renewal request without giving a reason.
- Upon cancellation by Member, memoQ Ltd. will remove Member’s details from the list of members. However, even after termination, memoQ Ltd. remains entitled to process and use the feedback previously collected from Member.
- If Member violates any of the terms herein, memoQ Ltd. may terminate Member’s membership.
- memoQ Ltd. may also terminate Member’s membership if Member rejects tje invitation from memoQ Ltd. to Studies three consecutive times, or if Member fails or refuses to perform the tasks memoQ Ltd. deems necessary to conduct a Study, again three consecutive times. memoQ Ltd. shall send a termination notice 7 calendar days prior to termination.
VII. Data protection, data processing, and privacy
- Member supplies memoQ Ltd. with data (“Data”) while enrolment and while providing feedback. memoQ Ltd. represents and warrants that it will not disclose the Data to third parties. However, memoQ Ltd. collects enrolment data through SurveyMonkey, a third-party data processing service.
- memoQ Ltd. shall make all reasonable effort to secure and protect the Data, and mitigate the consequences in the event of data loss or a breach. memoQ Ltd. represents and warrants that it operates a data protection and security framework audited and certified under the ISO 27001 standard.
- memoQ Ltd. represents and warrants that it stores User’s Data on computers under the control of memoQ Ltd., located in the territory of the European Union. memoQ Ltd. represents and warrants that it will not transfer the Data to servers located outside the territory of the European Union.
- memoQ Ltd. may store the following categories of Data about, connected to, entered, or uploaded by Member:
- Personal Data: At the time of enrolment and registration, memoQ Ltd. will collect Member’s first name, last name, e-mail address, job position, company name, job role. memoQ Ltd. will collect these data through SurveyMonkey, a third-party data collection and processing service. Member acknowledges and accepts that memoQ Ltd. may store and process these data in order to grant membership in the memoQ Design Lab program.
- Feedback Data: Data collected by memoQ Ltd. from Member during Studies. These details include survey data, interview notes and sound and/or video recordings, or usability test records and notes. memoQ Ltd. acknowledges and accepts that Feedback Data may be suitable to identify Member, and may occasionally contain sensitive personal data.
- Member may at all times request access to all data stored and processed about them. Member may also request that memoQ Ltd. delete their personal data. However, in this case, Member’s membership in the memoQ Design Lab program will be terminated.
- In the event that the data processing, or data protection activity of memoQ Ltd. violates Regulation 2016/679/EC (GDPR) of the European Commission, User may send complaints to the following supervisory authority: Hungarian National Authority for Data Protection and Freedom of Information (NAIH), https://www.naih.hu/general-information.html.
VIII. Contacting Member, collecting feedback, and sending syndicated content
- memoQ Ltd. may use User’s e-mail address to contact Member for the following purposes:
- Sending technical information about memoQ technologies and Studies
- Requesting Feedback as part of Studies
- Information and advertisement about the products of memoQ Ltd. and services other than memoQ Zen.
- memoQ Ltd. represents and warrants that it will not disclose Member’s e-mail address to third parties, and it will not send Member advertisements or other promotional materials from third parties.
IX. Non-disclosure, confidentiality, and indemnification
- Member may gain access to pre-release technology from memoQ Ltd. Pre-release technology is licensed under the same terms as any licensed memoQ product. To the use of pre-release technology, the master End-User License Agreement terms apply (https://www.memoq.com/legal/software-end-user-license-agreement), except for the clauses about warranties (see Chapter IX).
- Member agrees to keep the confidentiality of all details of pre-release products, services, and functionality, as well as the Feedback Data, including, but not limited to questions, instructions, notes, recordings, conclusions, and any content related to Studies. Member must not disclose any such details to third parties without prior written permission from memoQ Ltd.
- Member shall fully indemnify and keep memoQ Ltd. harmless from all legal claims, civil and criminal procedures, and all direct or consequential damages resulting from disclosures of details of pre-release products or functionality, Studies or Feedback Data.
- memoQ Ltd. acknowledges and accepts that, when providing Feedback Data, Member may share confidential information about their business with memoQ Ltd. Member agrees to label any such information as ‘confidential’. memoQ Ltd. agrees to keep and protect the confidentiality of any such information. memoQ Ltd. must not disclose any such information to third parties without Member’s prior written permission.
- Parties agree that confidentiality is not breached if the confidential information mentioned in this Chapter
- becomes independently known by disclosure by a third party;
- is disclosed because of a requirement by law or authorities;
- becomes publicly known independently of the agreement between the Parties.
- The confidentiality clauses in this Chapter remain in effect for three calendar years after the expiry, cancellation, or termination of Member’s membership, or the closure of the memoQ Design Lab program.
X. Intellectual property
- The program code, text, questions, surveys, and visual elements of pre-release products and functionality as well as the Studies are protected by copyright and other intellectual property laws. Any code, text, or visual element, in their entirety or in part, may only be copied, extracted, reused, reproduced, republished, or integrated into other systems with the express prior written consent of memoQ Ltd. and/or its licensors.
- Depending on the nature of Feedback Data, Member may be entitled to partial intellectual property rights over technology derived from said Feedback Data. In this case, Member grants memoQ Ltd. an unlimited, exclusive license to use Feedback data in the planning, design, and development of memoQ technologies.
XI. Pre-release technology: Exclusion of customer support, warranties, and liability
- Under the present terms, pre-release memoQ products or functionality are provided “as-is”. Member acknowledges and accepts that any pre-release technology granted herein is not a commercial product or service, and providing related warranties or support may not be technically possible.
- memoQ Ltd. expressly excludes any warranties regarding the functionality, performance, and reliability of pre-release technology, to the maximum extent permitted by law. memoQ Ltd. also expressly excludes any obligations to provide customer support. Nevertheless, memoQ Ltd. shall make all reasonable effort to assist Member in restoring operation and data in the event of malfunction or data loss.
- memoQ Ltd. expressly excludes and shall not assume any liability for any data loss or any direct or consequential damages in the following events, to the maximum extent permitted by law:
- A successful attack against the computer system operating pre-release memoQ technology, despite all reasonable effort and readiness of memoQ Ltd. personnel and equipment, or the readiness of the personnel and equipment of Member’s organization;
- Member is unable to access or work with pre-release memoQ technology due to a software or hardware malfunction of Member’s computer or the loss or malfunction of Member’s internet connection;
- An unforeseen programming or configuration error in pre-release memoQ technology causes loss of data or functionality, due to the work-in-progress nature of the technology.
XII. Other Contracts and Litigation
- Parties acknowledge that there may exist other contracts between them, regarding other products and services supplied by memoQ Ltd. Parties agree that, regarding the memoQ Design Lab, the present Membership Terms shall take precedence.
- These Terms of Service are governed by Hungarian law. Issues not covered herein shall be governed by the Hungarian Civil Code. The governing language of the terms herein is English.
- In the event of litigation, Parties shall make every effort to settle the differences amicably. If the litigation process requires a legal procedure, the competent Hungarian civil courts shall have jurisdiction.