These terms form a legally binding agreement between you and CT Tornado spółka z o.o., a company duly incorporated and existing under the laws of the Republic of Poland, with its principal place of business in Wroclaw (address: ul. Wyspa Słodowa 7, 50-266 Wroclaw, Poland; registration: District Court for Wroclaw-Fabryczna in Wroclaw, KRS/company no.: 873910; EU VAT no.: PL8982262377; share capital: PLN 5,000.00; email address: info@catchthetornado.com; “we”).
By creating an Account (as defined in Section 3.2 of these terms), using the Services (as defined in Section 2.1 of these terms), or clicking to accept these terms, you confirm that you have read, understood, and agreed to be bound by these terms, our Privacy Policy, and our Data Processing Addendum.
Please read them carefully before creating an Account or using the Services. You can access and download a copy of these terms at https://app.openagentsbuilder.com/content/terms.
If you do not agree to any part of these terms or the referenced policies and arrangements, you must stop using the Services immediately.
Our proprietary platform (the “Platform”) enables users (such as yourself) to create, distribute, and manage AI-powered surveys, interactive chats, and multifunctional AI agents. Access to and engagement with the Platform is limited to designated, closed groups, and pre-approved individuals (the “End Users”), such as internal organizational users, rather than the general public.
The Platform is accessible through the openagentsbuilder.com domain name, including its subdomains (collectively, the “Site”), and is operated by us. If you have any questions about the Site, Services—including Accounts (meaning, a personalized user profile created by you on the Platform, secured by unique login credentials, which enables you to access and manage the Services; each, an “Account”)—or these terms, you can contact us at such addresses and phone numbers as indicated in the introductory section of, or otherwise in, these terms.
These terms govern the use of our services (the “Services”), which include:
We and our third-party licensors retain all intellectual property rights in and to the Platform, Site, Services, and all related documentation, including any modifications or derivative works. You hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate any feedback you provide (including requests, suggestions, or ideas) into the Platform, Site, Services, and related documentation in any manner we deem appropriate.
Distribution Control: You are solely responsible for distributing survey links and deploying AI agents through your own controlled channels. The Platform is provided solely as a tool and does not manage or control the public dissemination of any content or data processed via the Services.
Interactive Features: Interactive chats are offered as a feature; however, direct engagement is limited to the End Users and is not provided as a public-facing service.
User Responsibility: You must ensure that all distribution, deployment, and access to the Services is confined to the End Users. The Platform disclaims any responsibility for content or data that is publicly disseminated.
To use the Services, you must create an Account and meet all applicable requirements in these terms. Some features may be subject to additional terms as posted and from time to time amended on the Site.
We recommend ensuring your technology meets performance standards, as we are not responsible for slow loading, latency, or accessibility issues.
We reserve the right to limit access to the Services based on location, user eligibility, or other criteria.
The Services are available to both individuals and businesses. For the purposes of these terms, a “Consumer” refers to an individual entering into an agreement with us for purposes not of a professional nature, regardless of their connection to their business.
If you create an Account for a corporation, organization, or other entity (the “Entity”), the Entity is considered the Account owner, meaning any content created or data collected through the Services belongs to it. Only users explicitly permitted under these terms may access the Account.
By using the Services, you confirm that:
If you are under 16, you may not use the Services. If any law prohibits your access to the Services, you must not use them.
To use the Services, you must register and create an Account, providing accurate, current, and complete information. Creating an Account for someone else is not allowed, except as permitted under these terms.
An “Authorized User” is an individual with a unique login and password to access the Account. Sharing login credentials is strictly prohibited. You are fully responsible for all actions and omissions of Authorized Users as if they were your own. Any duties, obligations, and restrictions imposed on you under these terms extend to all Authorized Users, and you must ensure their compliance.
If you are acting on behalf of an Entity, you:
By creating an Account and using the Services, you acknowledge that we will process your personal data in accordance with our Privacy Policy, which details how we collect, use, and protect your data. This includes processing data:
Once your Account is created, you will have access to a basic subscription, which is free but subject to these terms.
However, some features require a paid subscription.
We grant you:
Your right to use the Services continues unless terminated under these terms.
If you create an Account, you may choose from different paid subscription plans, as detailed in the pricing section on the Site.
As the subscription owner, you must ensure Authorized Users understand the privacy and content ownership implications of joining your subscription. You agree to indemnify and hold us harmless from claims related to their participation.
Your Account is personal to you and your Authorized Users. You must not share login credentials with anyone else. You are responsible for:
If you become aware of any unauthorized access or a security breach, you must notify us immediately at moderation@catchthetornado.com. Until you notify us, you remain responsible for all activity on your Account.
You must use your Account and Services lawfully and in accordance with:
You may not (and any such violations may result in the suspension or termination of your access) perform the following actions:
If you become aware of any instances of non-compliance with these rules, please use the built-in abuse reporting options available within our services to report the issue. Upon receipt of your report, we will promptly investigate the matter. For additional details, please refer to our available support resources.
For security incidents such as DDoS attacks, we reserve the right to suspend Services to prevent harm, even if you are not directly responsible.
Your access to the Services is subject to usage limits based on your subscription and available tokens.
AI-Generated Content, Autonomous AI Agents, and Limitations
Our Services include the creation and operation of AI-powered surveys, interactive chats, and multifunctional AI agents that engage with End Users autonomously. These components may generate content automatically using ChatGPT and related large language models, provided by OpenAI and subject to its applicable terms, policies, and usage guidelines. You acknowledge and accept that:
User-Generated Content and Submissions
You may upload, post, or share user submissions (e.g., text, images, data; “User Submissions”) through the Services. While we do not claim ownership of your content, by submitting it you:
Content Restrictions, Compliance, and Removal
You may not upload, distribute, or submit any content that infringes on third-party intellectual property rights; is misleading, illegal, or offensive; promotes fraud, violence, or criminal activity; or otherwise violates applicable laws or regulations.
Third-Party Content and Services:
The Services may include content from third parties and rely on external providers (e.g., APIs, webhooks). We do not guarantee their accuracy, legality, or suitability.
You are responsible for ensuring you have the necessary rights to use any third-party content or services. We are not liable for any damages arising from third-party actions, integrations, or external data transfers.
We recommend reviewing and complying with the terms of any third-party service before integrating it with our Services.
AI Autonomy and High-Risk Use Restrictions:
AI agents operate autonomously and may interact with third-party applications beyond direct user control. You acknowledge that AI-generated outputs may be unpredictable, lack loyalty to specific instructions, and integrate with external systems in unintended ways.
The Services are not designed for high-risk environments (e.g., emergency services, life-support systems) or for processing sensitive personal data unless explicitly agreed to in writing. Any unauthorized use in such contexts is at your own risk.
End User Responsibilities and Data Handling:
You agree to:
Certain features may be subject to additional terms. You are not required to use them, but if you do, the relevant terms will apply.
Fees for the Services must be paid in full, without any set-off, deduction, or counterclaim. All fees are non-refundable, unless otherwise required by applicable law.
We reserve the right to:
Failure to pay required fees may result in:
All fees exclude applicable taxes, including value-added tax (VAT), sales tax, and withholding tax, unless explicitly stated otherwise.
You are responsible for paying all applicable taxes, levies, and duties, except for those based on our net income.
If any fees are subject to withholding tax, you agree to bear the cost and reimburse us for any amounts we are required to pay.
Before completing your purchase, we will display all applicable tax amounts at checkout.
All fees must be paid at the time of purchase via an accepted credit or debit card or another payment method we authorize. Payments are processed through a third-party provider, compliant with PCI Level 1 security standards.
By providing a payment method, you:
If your payment method expires or fails, we may:
If you fail to pay outstanding amounts, we may recover costs, including:
You must initiate billing disputes within 30 days of purchase. After this period, you waive your right to dispute any fees paid or payable.
We will work in good faith to resolve disputes.
A pending billing dispute does not exempt you from paying undisputed amounts.
We may suspend or terminate your Account if:
Additionally, if you do not access a free Account for 6 consecutive months, we may terminate your Account to maintain platform efficiency. You can prevent this by logging in at any time, which resets the 6-month period.
You may terminate your Account at any time through your account settings or by contacting support at info@catchthetornado.com.
After termination, you may still access the Site, but you will lose access to Services, features, and content available to Account holders. Termination may result in loss of all stored data, including surveys and responses.
We reserve the right to modify, restrict access to, or remove content that violates these terms or applicable laws. Unless immediate action is required to prevent harm or liability, we will notify you in advance and provide reasonable time to respond.
This section does not limit any Consumer rights regarding cancellation or withdrawal.
If you are a Consumer, you have the right to withdraw from an agreement with us under these terms without providing any reason within 14 days from the day of conclusion of the agreement.
To exercise your right of withdrawal, you must notify us of your decision by means of a clear statement (for example, a letter sent by post or an email) addressed to CTT at either (i) Wyspa Słodowa 7, 50-266 Wrocław, Poland, or (ii) info@catchthetornado.com. It is sufficient for compliance with the withdrawal deadline that you send your notification before the withdrawal period expires. In the event of withdrawal, you must immediately cease using the Services and refrain from making them available to third parties.
If you withdraw from the agreement, we will refund all payments received from you, without undue delay and in any event no later than 14 days from the day we receive your notice of withdrawal. The refund will be made using the same payment method used in the original transaction, unless you have expressly agreed otherwise, and no fees will be charged for the refund.
If you requested that the Services commence before the withdrawal period expired, you will pay us an amount proportional to the Services performed up to the time you informed us of your withdrawal.
We will also enable you to export your user content from your Account using Export features, in accordance with applicable rules and laws.
The Services may include functionality that allows you to post content or otherwise interact with social media and third-party platforms. If you choose to use this functionality, we may:
By linking your Account with a social media or third-party platform, you:
We do not own, control, or assume liability for the content, products, or services provided by social media or third-party platforms. We have no obligation to review, monitor, or endorse their content.
You are solely responsible for:
We provide technical assistance, maintenance, and updates (including security updates) to support the effective use and operation of the Services. This includes issue resolution, patches, upgrades, access to user documentation, and support through designated communication channels. The scope and limitations of such services are defined in these terms or any applicable documentation.
You agree to promptly implement any updates we make available. Failure to install updates in a timely manner may negatively affect Service functionality and security, and may limit our liability for resulting issues.
We will provide all necessary updates, including security patches, to keep the Services in conformity with these terms for the duration of your subscription or a period reasonably expected by you based on the nature and purpose of the Services.
If the Services ever fail to conform to these terms, you may request restoration of conformity. We may refuse this request only if it is impossible or would impose disproportionate costs on us. Any restoration is carried out promptly, at our expense, and with minimal inconvenience.
We may implement modifications to the Services beyond what is strictly necessary to maintain their conformity with these terms, but only if the terms explicitly permit such changes and they are justified (e.g., security improvements or compliance with new regulations).
We will provide notice and guidance about potential impacts on your use of the Services.
Each party represents and warrants that it has full power and authority to enter into and comply with these terms.
We represent and warrant that:
By using the Services, you represent and warrant that:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.”
We make no representations or warranties, whether express, implied, or statutory, including but not limited to:
You may have additional rights under local laws that cannot be waived by contract. In such cases, our liability is limited to the fullest extent permitted under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF DATA, REVENUE, PROFITS, OR GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO THESE TERMS, YOUR ACCOUNT, OR THE SERVICES.
OUR TOTAL LIABILITY FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
If any part of this section is deemed unenforceable, the remaining provisions will remain in full force.
THIS SECTION DOES NOT LIMIT YOUR OBLIGATION TO PAY ANY OUTSTANDING AMOUNTS DUE UNDER THESE TERMS.
You will defend, indemnify, and hold us harmless from any and all losses, damages, liabilities, fines, costs, and expenses (including reasonable attorneys’ fees) arising from any third-party claims, demands, or legal actions resulting from:
Your indemnification obligations under this section apply to the fullest extent permitted by law and remain in effect even after termination of your Account or use of the Services.
We may modify these terms from time to time and will provide reasonable prior notice of substantial changes via email or in-product notifications. Your continued use of the Account, Site, or Services after the amendments take effect constitutes acceptance of the updated terms. If you disagree, you must stop using the Services and terminate your Account.
We may modify, add, or remove features from the Services at any time, including security updates and interoperability improvements.
Notices and communications regarding these terms may be sent via email or in-product notifications. You are responsible for reviewing such communications regularly.
If any provision of these terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
Failure by either party to enforce any provision will not constitute a waiver of that right. Any waiver must be in writing and signed to be binding.
These terms constitute the entire agreement between you and us regarding your Account and use of the Services. Neither party has relied on any statement, representation, or warranty not expressly stated in these terms.
Where permitted by applicable law, the right of withdrawal (and any other Consumer-specific rights set out in these terms or under law) will not apply if you are not required to provide any consideration beyond supplying personal data, and that personal data is processed by us solely for performing the agreement with us under these terms or complying with a statutory obligation. This applies, for example, to the basic subscription, which is free of charge and requires only the personal data necessary to provide the Service. Nothing in this clause limits your mandatory legal rights.