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Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE FIGMA PLUGIN OR THE 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.

1. The Service. BIBB PowPCo Digital Communities Inh. Martinez Valero (hereinafter “BIBB” or “we” or “us”) provides a Figma plugin and a Web app that enables users to select colours and enter their email addresses in order to generate a JSON Power BI theme ("The Service"). The Service is provided on an "as is" basis, without warranties or guarantees of any kind. No guarantees are made with respect to the quality, stability, uptime, or reliability of the Service. You are advised not to create any dependencies on any attributes of the Service or the materials generated by the Service. BIBB will not be liable to you or your downstream customers for any harm caused by your dependency on the Service.

2. License and Ownership. You acknowledge that all intellectual property rights in the materials and content generated by The Service, including the JSON Power BI theme, are owned by BIBB. BIBB grants you a non-exclusive, non-transferable, royalty-free, worldwide, and perpetual license to use, copy, modify, and distribute the files created by The Service, including for commercial applications. You do not acquire any ownership rights in the materials and content generated by The Service.

3. User Data and Privacy. By using The Service, you agree to provide your email address and color preferences. BIBB may use this information in an anonymized 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 in accordance with its Privacy Policy.

4. User Responsibility for Uploaded Content. By using The Service, you warrant and represent that you own or have the necessary licenses, rights, consents, and permissions to use and authorize BIBB to use all images or content you upload for the purpose of creating a Power BI theme. 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 includes the use of ChatGPT, an AI technology, to assist in the creation of Power BI themes. You acknowledge that the themes generated may reflect the limitations and biases inherent in AI technology. BIBB makes no representation or warranty regarding the accuracy, reliability, or appropriateness of AI-generated themes. You agree that 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 OpenAI LLC (“OpenAI”). By using BIBB's Services, you acknowledge and agree that the OpenAI Terms of Service also govern your use of the AI-integrated features within BIBB's Services. You understand that the AI-generated content or functionalities are subject to the limitations and terms set forth by OpenAI and that BIBB is not responsible for any discrepancies or issues arising from the use of OpenAI's services.

6. AI-Generated Content and Responsibility. The AI services provided within BIBB's platform may produce content or insights (collectively, “AI-Generated Content”) based on the data input provided by you or generated within the scope of the Services. You acknowledge that while BIBB takes steps to ensure the relevance and accuracy of the AI-Generated Content, the nature of AI and machine learning means that BIBB cannot guarantee the uniqueness, accuracy, or appropriateness of such content. You agree to review and validate the AI-Generated Content and shall bear all responsibility for the implications of using, sharing, or acting upon such content. BIBB disclaims any liability for inaccuracies, errors, or any consequences arising from the use of AI-Generated Content within its Services.

7. Newsletter and Subscriber List Agreement. By using The Service, you also consent to be added to BIBB's newsletter and subscriber list. You may receive periodic updates, announcements, and promotional content related to BIBB's products and services. You have the right to opt-out of these communications at any time by following the unsubscribe instructions provided in the communications or contacting BIBB directly.

8. 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 or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use The Service; (b) any conduct or content of any third party on The Service; (c) any content obtained from The Service; and (d) unauthorized access, use, or alteration of your transmissions or content.

9. Changes to Terms of Service. 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 the changes become effective, you agree to be bound by the updated Terms of Service.

10. Governing Law. These Terms of Service and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of Switzerland. You agree to submit to the exclusive jurisdiction of the courts of Switzerland to settle any disputes arising out of or in connection with these Terms of Service.


 

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