These Terms of Service (“Terms”) govern temporary, free-of-charge access to the hosted software platform operated by CT Tornado sp. 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 Wrocław-Fabryczna in Wroclaw, company no.: 873910; EU VAT no.: PL8982262377; share capital: PLN 5,000.00; email address: info@catchthetornado.com; “CTT”, “we”, “us”, and the like) and available at demo.openmercato.com (the “Platform”).
By creating an Account, accessing, or using the Platform, you (the “Customer”, “you”, and the like) acknowledge and agree that: (i) the Services are provided gratuitously (without remuneration); (ii) use is limited to internal evaluation of the Platform’s functionality; and (iii) CTT may modify, restrict, or discontinue the Services at any time, without notice or liability.
The Platform is provided solely for demonstration, testing, and evaluation purposes, not for production, operational, or commercial use. To deploy the Platform in a production or commercial environment, a separate paid agreement with CTT is required.
1. Definitions
For the purposes of these Terms, the following expressions have the meanings set out below:
- “Account” means the Customer’s administrative account through which its Authorized Users access the Services.
- “Authorized User” means any individual whom the Customer authorizes to use the Services under its Account.
- “Platform” means the modular, multi-tenant software framework operated by CTT, comprising the core runtime, directory, modules, APIs, events, workflows, and configuration interfaces enabling Customers to build and operate business applications.
- “Module” means a separately deployable component that may add pages, APIs, entities, forms, validators, or workflows within the Platform.
- “Tenant” means a logically isolated environment within the Platform, associated with one Customer Organization and its Authorized Users.
- “Customer Organization” means a structural unit within a Tenant defining visibility scopes and role hierarchies.
- “Customer Data” means all data and content submitted to or collected through the Services within the Tenant(s), including data stored in custom entities and forms.
- “Configuration Data” means schemas, dynamic forms, role mappings, feature flags, workflows, and metadata created by the Customer within its Tenant(s).
- “Service Data” means telemetry, diagnostics, and operational data generated by the Platform in connection with the Customer’s use of the Services.
- “Generated Output” content or materials produced by the Services for the Customer, including AI-assisted or automated results, if such functionality is enabled in the Demo Environment.
- “Demo Environment” means a hosted, non-production environment made available for temporary demonstration, testing, and evaluation purposes only.
- “Services” means the temporary, free-of-charge access to the Platform provided by CTT through the Demo Environment, including related interfaces and features necessary to enable such access. The Services exclude production environments, support, maintenance, and any paid functionality.
2. Scope of Services
(a) Purpose and Nature. The Services consist of hosted access to the Platform made available by CTT free of charge for demonstration, testing, and evaluation purposes only. The Platform’s general description, features, and technical documentation are available at https://docs.openmercato.com. The Customer should evaluate the Platform’s suitability using professional judgment. The Services are not intended or licensed for production, operational, or commercial deployment.
(b) Temporary and Revocable Access. Access to the Services is temporary, non-exclusive, and revocable at any time at CTT’s discretion. CTT may limit, modify, or discontinue the Services, in whole or in part, without prior notice and without any obligation to maintain continuity or data persistence.
(c) Availability and Performance. CTT does not guarantee uninterrupted operation, performance, or error-free functionality of the Services. No service levels, backups, or restoration obligations apply. The Services are provided on a testing basis only and are subject to the limitations, disclaimers, and liability exclusions set out in Sections 15 and 16.
(d) Transition to Commercial Use. To continue using the Platform beyond the demonstration period or for production purposes, the Customer must enter into a separate, paid subscription or service agreement with CTT, if available. Any continued use after CTT withdraws free-of-charge access is unauthorized.
3. Formation of Agreement
(a) Method of Acceptance. A contract for the provision of the Services (the “Agreement”) is concluded upon the earlier of: (i) the Customer’s acceptance of these Terms through an online registration form available at demo.openmercato.com/onboarding, checkbox, or equivalent act; (ii) the Customer’s signature or acceptance of an order form, quotation, or statement of work referring to these Terms; or (iii) the Customer’s first access to or use of the Services.
(b) Authority to Bind. The individual accepting or registering on behalf of a legal entity represents and warrants that they are duly authorized to bind that entity. CTT may rely on this representation in good faith until notified in writing that such authority has been withdrawn.
(c) Contracting Entity. Where registration identifies a company or other legal entity, the Agreement is deemed concluded with that entity, even if registration was performed using an individual’s contact data.
(d) Entire Agreement for Demo Access. A purchase order, statement of work, or similar document issued or referenced by the Customer may serve as confirmation of the Customer’s intent to access the Platform under these Terms. However, no such document modifies, supplements, or prevails over these Terms, even if acknowledged or referenced by CTT. These Terms constitute the sole and exclusive legal framework governing access to and use of the Platform through the Demo Environment.
4. Technical and Operational Requirements
(a) Minimum Requirements. To access and use the Services, the Customer must ensure: (i) reliable Internet connectivity and compatible hardware; (ii) use of a supported browser (current versions of Chrome, Firefox, Safari, or Edge) or another interface designated by CTT; (iii) configuration of network and security settings that permit encrypted HTTPS communication; and (iv) use of secure authentication methods and strong passwords or multifactor authentication where available.
(b) Customer Responsibility. The Customer is solely responsible for maintaining the systems, networks, and devices necessary to connect to the Services and for compliance with applicable security and data-protection laws.
(c) Compatibility Disclaimer. CTT does not guarantee compatibility with any specific operating system, hardware, or third-party software unless expressly confirmed in writing.
(d) API Access. Access to APIs requires active credentials issued by CTT. CTT may modify technical specifications or deprecate interfaces upon reasonable notice, as provided in Section 9.
5. Accounts, Tenants, and Access Control
(a) Account Administration. The Account serves as the administrative environment through which its Authorized Users access the Services. The Customer designates at least one administrator responsible for creating, managing, and deactivating Authorized Users.
(b) Tenant Isolation. CTT maintains logical isolation between Tenants to prevent cross-tenant access to Customer Data. CTT’s responsibility for data segregation is limited to the technical controls within the Platform. Any intentional connection, integration, or data sharing between Tenants is performed at the Customer’s sole discretion and risk.
(c) Roles, Permissions, and Feature Access. The Services include role-based access control and feature-flag mechanisms. CTT provides the means for configuration, but the Customer determines which roles and permissions are granted to its Authorized Users. CTT is not responsible for losses or unauthorized access resulting from misconfiguration by the Customer.
(d) Security of Credentials. The Customer must ensure that login credentials and API keys are used only by duly authorized persons and are stored securely. Compromised credentials must be revoked immediately. CTT may suspend access in case of suspected compromise.
(e) Compliance and Monitoring. The Customer is responsible for monitoring its users’ activity within its Tenant and for ensuring compliance with these Terms and applicable law. CTT is not obliged to supervise individual user actions unless required by law or agreed in writing.
6. Fees and Payment
(a) No Fees. The Services are provided free of charge. CTT makes no claim to remuneration, and the Customer incurs no payment obligation for use governed by these Terms.
(b) No Implied Consideration or Renewal. The gratuitous nature of the Services excludes any implied continuation, renewal, or conversion to a paid relationship. CTT’s temporary provision of access does not create any entitlement to future availability or preferential terms for paid services.
(c) Taxes and Charges. As no fees are payable, no taxes or public charges arise. If the Customer’s use of the Services nonetheless triggers any tax liability under applicable law, such liability rests solely with the Customer.
(d) Withdrawal of Access. CTT may suspend or terminate access to the Services at any time, without notice and without liability of any kind, including for loss of data or functionality.
7. Acceptable Use
The Customer and its Authorized Users must not: (i) use the Services for unlawful purposes or in a manner infringing third-party rights; (ii) interfere with or attempt to compromise the Platform’s security, performance, or stability; (iii) circumvent technical limits or rate restrictions; (iv) resell or make the Services available to third parties except as expressly permitted; or (v) rely on the Services for high-risk activities where failure could cause injury, death, or significant damage.
8. Intellectual Property and Custom Components
(a) Ownership of the Platform and Related Materials. The underlying Open Mercato project is distributed under the MIT License, and its contributors have licensed their respective contributions to the public under that license. CTT uses the Platform in accordance with those rights. CTT retains ownership of: (i) all proprietary modifications, configurations, integrations, and deployment materials it creates or applies in connection with the hosted demo environment; (ii) all Service Data, documentation, and content made available by CTT; and (iii) any proprietary modules, components, or extensions independently developed by CTT. CTT provides access to the hosted instance of the Platform under these proprietary Terms, which govern the Customer’s use of the Services. These Terms do not alter or limit the rights granted under the MIT License for the open-source version of Open Mercato available through its public repository.
(b) Customer Data, Generated Output, and Customer Modules. The Customer retains ownership of its Customer Data and any Generated Output produced through the Services. If the Demo Environment allows the Customer to create or upload its own modules, those modules and their underlying code remain the Customer’s intellectual property. The Customer grants CTT a non-exclusive, worldwide, royalty-free license to host, execute, and display such modules within the Demo Environment for the duration of the Services. CTT is not required to review, maintain, or preserve Customer Modules and may delete or disable them at any time without notice. Because the Services are temporary and provided for demonstration only, all Customer Data, Generated Output, and any Customer Modules may be deleted at any time in accordance with Section 10.
(c) Limited Right to Access the Hosted Environment. CTT grants the Customer a personal, non-exclusive, non-transferable, revocable right to access and use the hosted instance of the Platform provided through the Demo Environment solely for internal evaluation. This right does not limit or restrict any rights the Customer may have under the MIT License with respect to the open-source version of the Platform available from its public repository. The Customer must not interfere with, copy, extract, or reproduce the hosted environment, its configuration, or CTT’s proprietary components, integrations, or branding.
(d) Configuration Data and Feedback. CTT may collect and use Configuration Data and any feedback or suggestions provided by the Customer to improve or develop the Platform. CTT receives a perpetual, worldwide, royalty-free license to use such feedback and configuration information for these purposes, provided it does not identify the Customer.
(e) Third-Party Components. The Platform may include or interoperate with third-party libraries, APIs, or services subject to their own license terms. CTT is not responsible for third-party content, performance, or availability.
9. APIs, Events, and Integrations
(a) API and Integration Access. The Services may expose APIs and webhooks for testing integrations or automation. CTT may modify, restrict, or disable such access at any time without notice. API keys or credentials issued to the Customer must be kept secure and used only within the Demo Environment.
(b) Events and Delivery. The Platform may generate events or webhooks as part of its demonstration features. Delivery, order, or timing of such events is not guaranteed. The Customer’s receiving systems must tolerate delays, retries, or interruptions.
(c) External Connections. If the Customer connects the Demo Environment to any external or third-party system, it does so at its own risk. CTT is not responsible for data transmitted to or from third-party services or for their behavior, security, or availability.
10. Data Handling, Export, and Deletion
(a) Nature of Demo Data. Demo Data is processed solely to enable demonstration and testing of the Platform’s functionality. The Customer should not use the Services to process production data, personal data, or confidential information.
(b) Automatic Deletion and Rotation. Demo Data is not retained on a permanent basis. CTT may automatically delete, anonymize, or replace all Demo Data at any time, typically every twenty-four (24) hours, without notice. No backups are performed, and no recovery or restoration is available.
(c) No Export Rights. The Customer has no right or expectation to export, retrieve, or access Demo Data after deletion. CTT is under no obligation to provide data extracts, confirmations of deletion, or destruction certificates.
(d) Termination of Access. Upon discontinuation of the Services—whether by CTT or the Customer—all Demo Data may be deleted immediately and permanently without liability.
11. Operational Commitments
(a) General Approach. CTT maintains commercially reasonable administrative, technical, and physical safeguards designed to protect the integrity and security of the Platform.
(b) No Service Levels. Given the demonstrative nature of the Services, CTT provides no uptime, response-time, or performance commitments. The Services may be interrupted, modified, or discontinued at any time without notice.
(c) Updates and Maintenance. CTT may deploy updates, perform maintenance, or change configurations at any time to enhance or test the functionality, security, or performance of the Platform. Such actions may result in temporary unavailability or loss of Demo Data.
(d) Complaints Procedure. The Customer may submit technical or operational complaints regarding the Services by email to info@catchthetornado.com or through any channel designated by CTT. Complaints must specify the nature of the issue, its impact, and, where applicable, supporting details such as timestamps or screenshots. CTT will review complaints in good faith and may, at its sole discretion, provide explanations, guidance, or corrective actions. Submission of a complaint does not create any entitlement to remedy, compensation, or continued access to the Services.
12. Suspension and Termination
(a) CTT’s Right to Suspend or Terminate. CTT may suspend or terminate the Customer’s access to the Services, in whole or in part, at any time and for any reason, including maintenance, misuse of the Services, or compliance with legal requirements. No prior notice is required.
(b) Customer’s Right to Discontinue Use. The Customer may cease using the Services at any time by deleting its Account or otherwise discontinuing access.
(c) Effect of Termination. Upon termination or suspension, all rights granted under these Terms immediately cease. All Demo Data may be deleted as provided in Section 10. CTT has no obligation to retain, deliver, or restore any data or configuration.
(d) No Refunds or Compensation. Because the Services are provided free of charge, the Customer is not entitled to any refund, compensation, or continuation of access after termination.
13. Data Protection and Sub-Processors
(a) Limited Processing of Personal Data. CTT may process limited personal data, such as identifiers, contact details, or technical metadata, to enable Customer registration, authentication, telemetry, and general operation of the Services. Such processing is minimal and incidental to providing the Demo Environment. Details of CTT’s processing of personal data—including categories of processed data, retention periods, user rights, and the hosting or infrastructure providers involved in supporting the Services—are set out in CTT’s Privacy Policy. The Privacy Policy forms an informative supplement to these Terms but does not alter their contractual nature.
(b) Customer Data. The Services are not intended for processing production data or special categories of personal data within the meaning of Article 9 GDPR. The Customer should not upload or submit such data to the Services.
(c) Roles of the Parties. For personal data processed in connection with Account setup, telemetry, or Platform operation, CTT acts as a data controller. The Customer acts as an independent controller for any data it inputs into the Demo Environment. The parties do not act as joint controllers.
(d) Contingent Processing as Processor. If, in connection with the Services, CTT processes personal data on behalf of (or as subcontracted by) the Customer, this Section 13(d) constitutes the data processing addendum (the “DPA”) between the parties within the meaning of Article 28 of the General Data Protection Regulation (the “GDPR”). The DPA becomes automatically applicable when CTT acts as a processor (or subprocessor) and governs such processing without the need for any separate written agreement. Under the DPA, CTT: (i) processes personal data—including names, contact details, and business information of the Customer’s personnel, clients, or suppliers—only on documented instructions from the Customer and solely for the purpose and scope necessary to perform the Agreement; (ii) ensures that persons authorized to process such data are bound by confidentiality obligations; (iii) implements appropriate technical and organizational measures under Article 32 GDPR to ensure a level of security appropriate to the risk; (iv) may engage subprocessors, provided they are bound by confidentiality and security obligations no less protective than those imposed on CTT; (v) upon termination of the Services, deletes or returns the personal data to the Customer unless retention is required by law; (vi) promptly notifies the Customer of any personal-data breach and cooperates in fulfilling the obligations under Articles 33–36 GDPR; and (vii) upon request, makes available information necessary to demonstrate compliance with Article 28 GDPR, with any audits or inspections conducted on a schedule and in a manner that does not disrupt CTT’s operations. In all cases, CTT processes personal data in accordance with applicable data-protection laws, including the GDPR.
14. Confidentiality and Security Obligations
(a) Confidential Information. Each party must protect the other’s non-public information disclosed in connection with the Services and use it only as necessary to perform or evaluate the Service.
(b) Exclusions. Information is not considered confidential if it: (i) becomes public without breach of these Terms; (ii) was lawfully known to the receiving party before disclosure; (iii) is independently developed without reference to the disclosing party’s information; or (iv) is required to be disclosed by law or court order.
(c) Security Notices. If the Customer becomes aware of a suspected security issue related to the Services, it should promptly notify CTT through the contact channel provided by CTT.
(d) Survival. The confidentiality obligations under this Section survive discontinuation of the Services for a period of two (2) years, except for information qualifying as trade secrets, which remain protected as long as such information retains its confidential character.
15. Warranties and Disclaimers
(a) Authority. CTT represents that it has full right and authority to provide access to the Platform as described in these Terms.
(b) No Other Warranties. Except for the representation in paragraph (a), the Services are provided “as is” and “as available”, without warranties or representations of any kind, whether express, implied, or statutory. CTT expressly disclaims all implied warranties, including merchantability, fitness for a particular purpose, satisfactory quality, title, and non-infringement.
(c) No Continuity or Availability Commitment. CTT makes no guarantee that the Services or the Platform: (i) will be available at any particular time; (ii) will operate without interruption or error; or (iii) will maintain or preserve any data entered by the Customer. The Services may be modified, suspended, or discontinued at any time without notice.
(d) No Reliance. The Customer acknowledges that it has not relied on any statements, descriptions, or performance metrics not expressly contained in these Terms. Access to and use of the Services are undertaken at the Customer’s own risk and sole discretion.
(e) Mandatory Law. Nothing in this Section excludes or limits any warranties or rights that cannot be excluded or limited under applicable law, including liability for willful misconduct, to the extent such exclusion would be invalid under Polish law.
16. Limitation of Liability
(a) General Rule and Cap. To the maximum extent permitted by law, CTT shall not be liable for any loss, damage, or claim arising out of or in connection with the use or inability to use the Services, including but not limited to loss of data, loss of profits, business interruption, reputational damage, or any indirect, incidental, special, punitive, or consequential losses, whether arising in contract, tort, or otherwise. Because the Services are provided free of charge, CTT’s total aggregate liability for all claims under or in connection with these Terms shall in any event not exceed one hundred (100) Polish zlotys (PLN 100), representing a nominal allocation of risk proportionate to the non-remunerated nature of the arrangement.
(b) Exclusions from Limitation. The limitations in this Section do not apply to: (i) liability for death or personal injury caused by willful misconduct; (ii) damages resulting from intentional breach of confidentiality obligations; or (iii) other liability that cannot be excluded under mandatory law.
(c) Customer Responsibility. The Customer is solely responsible for any use of or reliance on the Services and for ensuring that no production, confidential, or personal data are introduced into the demo environment.
(d) Force Majeure. Neither party is liable for any delay or failure to perform due to causes beyond its reasonable control, including natural disasters, war, governmental actions, or network failures.
17. Miscellaneous
(a) Publicity. CTT may include the Customer’s name and logo in publicly available client lists, presentations, or informational materials identifying users of the Platform, provided such use does not imply endorsement. The Customer may withdraw consent for such use at any time by written notice, and CTT will remove the Customer’s name or logo from future materials within a reasonable time.
(b) Assignment. The Customer may not assign or transfer any rights or obligations under these Terms without CTT’s prior written consent. CTT may assign or transfer these Terms, in whole or in part, including to an affiliate or lawful successor by merger, acquisition, or transfer of assets, without the Customer’s consent.
(c) Notices and Written Form. All notices must be in writing and delivered to the contact details provided in the parties’ respective accounts or as otherwise designated in writing. For the purposes of these Terms, and notwithstanding any stricter requirements under applicable law, the terms “written”, “in writing”, and similar expressions include communication made in a permanent form, such as email, provided that it allows the recipient to store the message and access it for future reference.
18. Final Provisions
(a) Governing Law and Jurisdiction. These Terms and any disputes arising out of or relating to them are governed by the laws of the Republic of Poland. The courts of Warsaw have exclusive jurisdiction over all such disputes.
(b) Entire Agreement. These Terms and any referenced policies (such as the Privacy Policy) constitute the entire agreement between the parties concerning access to and use of the Services.
(c) Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
(d) Waiver. A failure or delay in enforcing any right or provision under these Terms does not constitute a waiver of that right or provision.