Terms of Service
Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE POWER BI THEME GENERATOR WEB APP PROVIDED BY BIBB, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, DO NOT USE THE PLUGIN.
This terms are valid from September 30th 2025
1. The Service
BIBB PowPCo Digital Communities Inh. Martinez Valero (hereinafter “BIBB”, “we”, or “us”) provides a web application and related services that enable users to:
- Select colors and customize Power BI themes
- Upload images for automatic color palette extraction
- Generate AI-powered theme suggestions
- Download JSON Power BI theme files
- Access trending color palettes and design tools
(collectively, “The Service”).
“User Content” means any images, text prompts, or other materials you upload or provide to the Service.
“Generated Themes” means the JSON theme files and color palettes created through the Service.
The Service is provided “as is”, without warranties or guarantees of any kind. No guarantees are made with respect to the quality, stability, uptime, or reliability of the Service. Do not create dependencies on any attributes of the Service or on materials generated by the Service. BIBB will not be liable to you or your downstream customers for any harm caused by reliance on the Service.
1a. Zero-Price Contractual Consideration
Access to the export function is offered at no monetary cost.
Instead, you agree to receive BIBB’s design newsletter, which contains usage instructions, version-compatibility alerts, and other information necessary for the effective use of the Generated Themes.
Delivery of this newsletter is therefore an integral part of the Service, and processing of your e-mail address for this purpose is based on Article 6 (1)(b) GDPR (performance of a contract).
2. Intellectual Property and Licensing
Generated Themes: BIBB retains intellectual property rights in the software, algorithms, and methodologies used to generate themes. However, you are granted a non-exclusive, non-transferable, royalty-free, worldwide, and perpetual license to use, copy, modify, and distribute the JSON theme files and color palettes generated by the Service, including for commercial applications.
User Content: You retain all ownership rights in any images, text prompts, or other content you upload to the Service. BIBB does not claim ownership of your User Content.
Service Software: All rights, title, and interest in the Service itself (including the web application, user interface, and underlying technology) remain the exclusive property of BIBB.
3. User Data and Privacy
By using the Service you agree to provide your email address and colour preferences. BIBB may use this information in an anonymised manner for any purpose it deems appropriate, in accordance with its Privacy Policy. BIBB will not share your personal information with third parties, except as required by law or as set out in the Privacy Policy.
4. User Responsibility for Uploaded Content and Image Rights
You warrant and represent that you own or have the necessary licenses, rights, consents, and permissions to use—and to authorize BIBB to use—all images, content, or materials you upload to the Service for the purpose of generating color palettes and Power BI themes.
BIBB does not claim ownership of any images or User Content you upload to the Service. You retain all ownership rights in your uploaded images and content. By uploading User Content, you grant BIBB a limited, non-exclusive license to process such content solely for the purpose of providing the Service (including color extraction, theme generation, and related functionality).
You certify that you own the rights to all images you upload or have obtained proper authorization from the rights holder. You agree to indemnify and hold harmless BIBB against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your violation of this representation.
5. AI-Generated Themes
The Service uses Azure OpenAI services hosted in Microsoft Azure Switzerland North region and other AI technologies to assist in the creation of Power BI themes. The AI functionality includes automated color palette generation, theme suggestions based on text prompts, and accessibility recommendations.
You acknowledge that the themes generated may reflect the limitations and biases inherent in AI technologies. BIBB makes no representation or warranty regarding the accuracy, reliability, or appropriateness of AI-generated themes. BIBB shall not be liable for any claim, damage, or liability arising from the use of AI-generated themes.
BIBB incorporates artificial-intelligence services provided by third-party providers, including Microsoft Azure OpenAI and OpenAI LLC. By using BIBB’s Services, you acknowledge and agree that the applicable terms of service for these AI providers also govern your use of the AI-integrated features. BIBB is not responsible for any discrepancies or issues arising from these third-party AI services.
6. AI‑Generated Content and Responsibility
AI services within BIBB’s platform may produce content or insights (collectively, “AI‑Generated Content”) based on data you provide. While BIBB takes steps to ensure relevance and accuracy, AI is inherently fallible; BIBB cannot guarantee the uniqueness, accuracy, or appropriateness of AI‑Generated Content. You must review and validate any AI‑Generated Content and bear full responsibility for its use. BIBB disclaims liability for inaccuracies, errors, or consequences arising from AI‑Generated Content.
7. Newsletter, Contractual Consideration and Unsubscription
7.1 Mandatory subscription – The export function is available only to Users who have completed Mailjet’s double-opt-in (DOI). Successful DOI signifies acceptance of the zero-price contract described in § 1a.
7.2 Right to withdraw – You may unsubscribe at any time via the link in every e-mail. Unsubscribing terminates the contract with immediate effect; the export button is disabled, and BIBB ceases processing your e-mail address for newsletter delivery.
8. Data Processing and Analytics
The Service uses analytics tools including Google Analytics 4 and Microsoft Clarity to improve user experience and monitor service performance. This may include tracking user interactions, button clicks, and usage patterns in an anonymized manner.
By using the Service, you consent to such data collection and processing in accordance with our Privacy Policy and the privacy policies of these third-party analytics providers.
9. Limitation of Liability
To the maximum extent permitted by law, BIBB shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses resulting from:
- Your access to or use of—or inability to access or use—the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service; or
- Unauthorized access, use, or alteration of your transmissions or content.
Swiss Law Mandatory Provisions: Notwithstanding the above, nothing in these Terms shall limit or exclude BIBB’s liability for:
- Gross negligence or intentional misconduct by BIBB
- Personal injury or death caused by BIBB’s negligence
- Any other liability that cannot be limited or excluded under mandatory provisions of Swiss law
10. Changes to These Terms
BIBB reserves the right to modify these Terms of Service at any time and will post the most current version on its website. By continuing to use the Service after changes take effect, you agree to be bound by the updated Terms.
11. Governing Law and Jurisdiction
These Terms of Service and any disputes arising out of or in connection with them are governed by—and construed in accordance with—the laws of Switzerland. You agree to submit to the exclusive jurisdiction of the Swiss courts to settle any such disputes.
12. Termination
Either party may end this zero-price contract at any time. For Users, termination occurs automatically when they unsubscribe from the newsletter (§ 7.2).
13. Changelog
This section tracks major changes to these Terms of Service to help users understand what has been updated over time.
Version 2.0 - Valid from September 30th 2025
- Major restructure: Complete reorganization of Terms of Service with proper section numbering
- Added definitions: Comprehensive definitions section (Section 1) including AI-Generated Content, Service, Theme, User Content, and Uploaded Images
- Updated AI technology: Specified use of Azure OpenAI services hosted in Microsoft Azure Switzerland North region (replacing previous ChatGPT references)
- Clarified IP ownership: Clear distinction between BIBB’s intellectual property in the Service vs. user’s perpetual license to generated themes
- Enhanced user content protection: Explicit statements that BIBB does not claim ownership of user-uploaded images and content
- Strengthened user warranties: Added requirement for users to certify ownership of uploaded images
- Swiss law compliance: Added mandatory liability carve-outs for gross negligence and personal injury under Swiss law
- Analytics disclosure: Added section on Google Analytics 4 and Microsoft Clarity usage
- Newsletter framework: Detailed newsletter subscription and unsubscription process with GDPR compliance
Version 1.0 - Valid until - September 30th, 2025
- Initial Terms of Service
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