That Open Platform — Terms of Service

1. Who we are

That Open Platform (the “Platform”) is provided by TOC Systems, SL, a company incorporated in the Principality of Andorra, with registered address at Urbanització Solà del Tarter, Edifici Bellesguard, Bloc C, 3r 1a, AD100 El Tarter, Canillo, Andorra, registered with the Andorran Companies Register under no. 23444, and tax registration number (NRT) L-718520-Z (“That Open Company”, “we”, “us”). When you use the Platform, your contract is with TOC Systems, SL. You can contact us at [email protected].

2. Acceptance

By creating an account, purchasing credits, or otherwise using the Platform, you agree to these Terms. If you use the Platform on behalf of an organization, you confirm that you are authorized to bind it, and “you” includes that organization. If you do not agree, do not use the Platform.

These Terms include, and you also accept, our Refund Policy, our Data Processing Agreement, which governs the personal data we process on your behalf in the Platform and which we provide on request at [email protected], and the acceptable use rules in section 8. Our Privacy Policy explains how we process your own account data.

3. Orders and payments: Paddle is our Merchant of Record

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our Platform orders. Paddle provides all customer service inquiries and handles returns.

Payments, billing, taxes, invoices and refunds for Platform purchases are governed by Paddle’s Buyer Terms and our Refund Policy. Prices, credit amounts and promotional offers are shown at checkout, and may change over time. Changes do not affect purchases already completed.

If a specific offer is presented with its own conditions at the time of purchase, those conditions apply to that purchase and prevail over these Terms where they differ.

4. Accounts and workspaces

You must provide accurate information and keep your login credentials secure. You are responsible for activity under your account and for the users you invite to your workspaces. Notify us promptly at [email protected] of any unauthorized use.

5. Credits

Some Platform features consume credits. The pricing page describes which actions consume credits and at what rate. Credits are tied to the workspace or organization that purchased them and cannot be transferred or exchanged for cash, except where the Refund Policy or applicable law provides otherwise.

Validity. Credits you purchase are valid for 24 months from the date of purchase, unless a longer period is required by applicable law. Credits granted free of charge as part of a promotion or offer are valid for the period stated in that offer. Credits that have expired cannot be used or refunded.

Credits purchased before 16 October 2026, including those granted under the Founding Members programme, remain valid under the conditions in which they were purchased.

6. Your content

You keep all rights to the models, files, data, apps and other content you upload to or create on the Platform (“Your Content”). You grant us a limited licence to host, process, display and transmit Your Content only as needed to provide and support the Platform for you. We do not use Your Content to train machine-learning models.

You are responsible for having the rights to Your Content, including third-party models, drawings and data you upload.

7. Connecting AI tools

The Platform does not include its own AI models or agents. It provides APIs and connectors (such as an MCP server) that let you connect AI tools you choose, for example ChatGPT or Claude, so they can read Platform data, run commands and create or modify content in your workspaces.

• Your choice, your contract. You select, configure and contract the AI tool directly with its provider. Its use is governed by that provider’s terms and privacy policy, not by us. Data you give the AI tool access to is sent to that provider under your instructions.
• Your actions. Actions an AI tool performs through your account, token or connection are treated as actions you performed. You decide what access to grant and can revoke it at any time.
• Review the results. AI-generated changes can be incomplete or wrong. They are not a substitute for professional engineering, architectural or other regulated judgement, and must be reviewed by a qualified person before use in design, construction or compliance decisions.
• No liability for third-party AI. We are not responsible for the availability, behaviour or outputs of third-party AI tools.
• Same rules apply. These Terms, including Acceptable Use, apply to everything done on the Platform through an AI tool. You may not use AI tools connected to the Platform to create illegal content, deepfakes, harassment or hate content, or malware, to disclose personal data without a lawful basis, or to bypass the Platform’s security or usage limits.

8. Acceptable use

You may not use the Platform to: break the law; commit fraud or send spam; infringe intellectual property or privacy rights; upload malware; probe, scan, scrape or attack the Platform or other users; interfere with its security or availability; or resell access to the Platform to third parties without our written agreement.

9. Intellectual property

We and our licensors own the Platform, including its software, design and trademarks. These Terms give you a right to use the Platform, not ownership of it. Open-source components of That Open Company remain available under their own licences, which prevail for those components.

If you believe content on the Platform infringes your rights, write to [email protected] with the details. We will review the notice and may remove the content and, for repeated infringement, suspend the account involved.

10. Third-party tools

The Platform connects with third-party software such as design and modelling applications. Your use of those tools is governed by their own terms. Names of third-party products are used only to describe compatibility and do not imply endorsement.

11. Availability

We work to keep the Platform available and secure, but we do not guarantee that it will be uninterrupted or error-free. We may change, add or remove features. If we discontinue a paid feature, we will give reasonable notice.

12. Suspension and termination

You may stop using the Platform and close your account at any time. We may suspend or terminate your access for material breach of these Terms, non-payment, security or fraud risk, or repeated or serious policy violations. Where reasonable, we will notify you first and allow you to export Your Content.

Data export and switching. These rules apply in addition to the rest of this section and prevail over it.

• Export at any time. While your account is active you can export your content and data through the Platform interface and APIs in open, machine-readable formats. Our data export documentation, available on request at [email protected], lists those formats, the data and digital assets that can be exported, and any that are excluded (for example, data that only concerns the operation of our service).
• Starting a switch. You may ask to switch to another provider or to your own infrastructure, or to have your data deleted, with up to two months’ notice. You may also simply terminate as described above.
• Transition period. After the notice period we will provide reasonable assistance for up to 30 days, keep the service running with the same security, and help with your exit strategy. You may extend the transition period once by a period you consider more appropriate. If a full switch within 30 days is technically unfeasible, we will tell you within 14 working days, explain why, and propose an alternative period of no more than 7 months.
• Retrieval and end. Your data remains available for retrieval for at least 30 days after the transition period ends. The contract ends when the switch is completed or, if you only asked for deletion, when you are notified. We then delete all your exportable data and digital assets, as described in the Data Processing Agreement.
• No charges. We do not charge for switching or for exporting your data.
• Infrastructure. Information on where our infrastructure is located and on our safeguards against unlawful access by foreign governments is available on request at [email protected].

13. Services contracted separately

That Open Accelerator, Custom Apps and other professional services are contracted directly with TOC Systems, SL under their own agreement or quote. They are not sold through Paddle and are not governed by these Terms, except where that agreement says otherwise.

14. Earlier purchases

The Master BIM Software Developer, Get The Code and the Founding Members programme were sold by That Open Company LLC through Stripe. TOC Systems, SL now provides access to the content and benefits included in those purchases, and assumes those commitments as stated at the time of purchase. Payments, instalments and refunds for those purchases remain governed by the conditions agreed at the time.

15. Liability

To the extent permitted by law, the Platform is provided “as is”, and our total liability arising from these Terms is limited to the amounts you paid for the Platform in the 12 months before the claim. We are not liable for indirect or consequential losses, including lost profits or data, except where the law does not allow this limitation. Nothing in these Terms limits rights that consumers have under mandatory law.

16. Changes to these Terms

We may update these Terms. We will notify you of material changes by email or in the Platform at least 30 days before they take effect. Continuing to use the Platform after that date means you accept the updated Terms.

17. Governing law

These Terms are governed by the laws of the Principality of Andorra, and disputes are submitted to the courts of Andorra, without prejudice to the mandatory consumer protection rights of your country of residence.