Terms of Service

1. Introduction

These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you ("you," "Customer," or "your") and DataChant Consulting LLC ("we," "us," "our," or "Publisher"), governing your use of the BI Pixie platform and related services (the "Service").

DataChant Consulting LLC operates the BI Pixie platform, available at bipixie.com, app.bipixie.com, and through the Microsoft Marketplace.

By creating an account, accessing, or using the Service, you represent and warrant that you have the authority to accept these Terms and agree to be bound by them. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization.

If you do not agree to these Terms, do not access or use the Service.

These Terms apply to all users of the Service, including administrators, end users, and any individuals who access the Service on behalf of Customer.

2. Description of Service

BI Pixie is a telemetry and engagement intelligence platform for Microsoft Power BI. The Service enables organizations to:

• Instrument Power BI reports with invisible native Power BI elements (measures and table visuals) that capture user engagement telemetry
• Collect and store interaction data including page views, visual clicks, filter selections, bookmark navigation, and optionally user identity, surveys, and feedback
• Analyze engagement data through Power BI template apps and the BI Pixie portal

The Service is available in multiple deployment models. These Terms govern the Cloud (SaaS) deployment, where we host the infrastructure on Microsoft Azure on your behalf. For Managed App and Power Platform deployments, separate licensing terms apply through the Microsoft Marketplace.

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Service. The Service is designed for business use and is not intended for consumers or minors.

3.2 Account Creation

To use the Service, you must sign in using a valid Microsoft Azure Active Directory (Entra ID) account. You are responsible for:

• Maintaining the security and confidentiality of your account credentials
• All activities that occur under your account
• Promptly notifying us of any unauthorized use of your account

3.3 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary. We reserve the right to suspend or terminate accounts that contain inaccurate or incomplete information.

3.4 Authorized Users

You control access to and use of the Service by your end users and are responsible for any use of the Service that does not comply with these Terms. You may permit your affiliates to use the Service, but you remain responsible for their compliance with these Terms.

4. Subscription Plans, Billing, and Payment

4.1 Subscription Plans

The Service is offered on a subscription basis under the following plan tiers:

Current pricing, feature details, and plan limits are published at bipixie.com/pricing and may be updated from time to time.

4.2 Free and Trial Accounts

New customers receive a 14-day trial with full Pro-tier functionality. At the end of the trial period:

• You may subscribe to a paid plan to continue using the Service
• If you do not subscribe, your access to the Service will be suspended
• Trial data may be retained for a limited grace period, after which it will be permanently deleted

No payment information is required to start a trial.

Free and trial accounts are provided on a strictly "as-is" basis. The following provisions apply specifically to free and trial use of the Service (including any free tier, beta, or evaluation access):

• No warranties. Sections 13.1 (Our Warranties) does not apply. The Service is provided without any warranty whatsoever.
• No availability commitments. Section 10.1 (Availability Target) does not apply. We may modify, suspend, or discontinue the Service for free and trial accounts at any time without notice.
• No support obligation. Section 10.2 (Support) does not apply. Support may be provided at our sole discretion but is not guaranteed.
• Zero liability. Our maximum aggregate liability for free and trial accounts is US$0. See Section 15.1.
• Immediate termination. We may terminate free and trial accounts at any time, for any reason, without notice. Section 16.3(a) (60-day notice) does not apply to free and trial accounts.
• Shorter data retention. Trial data is retained for the 14-day trial period only. Upon trial expiration without conversion to a paid plan, data may be deleted after a 7-day grace period without further notice.

4.3 Billing and Payment

Paid subscriptions are billed through Stripe, our third-party payment processor. By subscribing to a paid plan, you agree to:

• Pay all fees associated with your selected plan
• Provide valid and current payment information to Stripe
• Authorize recurring charges at the applicable billing interval (monthly or annual)

All fees are stated in U.S. dollars and are exclusive of taxes. You are responsible for any applicable taxes, duties, or governmental levies.

4.4 Price Changes

We reserve the right to modify subscription pricing at any time. Price changes will:

• Take effect at the start of your next billing period
• Be communicated to you at least 30 days in advance via email or portal notification
• Not apply retroactively to the current billing period

Your continued use of the Service after a price change constitutes acceptance of the new pricing.

4.5 Cancellation and Refunds

You may cancel your subscription at any time through the BI Pixie portal or by contacting support@bipixie.com. Upon cancellation:

• Your subscription remains active until the end of the current billing period
• No prorated refunds are provided for partial billing periods
• Your data will be retained during a 7-day post-cancellation grace period, after which it will be permanently deleted

4.6 Failed Payments

If a payment fails, we will attempt to process the charge again according to Stripe's retry schedule. If payment cannot be collected after reasonable attempts, we may suspend or terminate your access to the Service.

5. License Grant and Restrictions

5.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a nonexclusive, non-transferable, limited license to access and use the Service during your subscription period. This license is solely for your own internal business purposes.

5.2 Restrictions

You must not (and are not licensed to):

a. Copy, modify, reverse engineer, decompile, or disassemble any part of the Service, or attempt to do so;

b. Work around any technical limitations or restrictions in the Service;

c. Use the Service for any unlawful purpose or in violation of any applicable laws;

d. Sublicense, rent, lease, or lend access to the Service to any third party;

e. Use the Service to provide hosting, service bureau, or similar services to third parties;

f. Attempt to gain unauthorized access to the Service, other users' accounts, or our systems;

g. Interfere with or disrupt the integrity or performance of the Service;

h. Transmit any viruses, malware, or other malicious code through the Service;

i. Scrape, crawl, or use automated means to access the Service except through our published APIs;

j. Use the Service to harass, abuse, or harm any person;

k. Submit false or misleading information;

l. Infringe upon our intellectual property rights or the rights of any third party;

m. Collect or track the personal information of others except through the Service's intended telemetry functionality and in compliance with applicable privacy laws.

5.3 Reservation of Rights

We reserve all rights not expressly granted in these Terms. The Service is protected by copyright and other intellectual property laws. No rights will be granted or implied by waiver or estoppel.

5.4 Feedback

Any feedback, suggestions, or ideas you provide regarding the Service is given voluntarily. You grant us a nonexclusive, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into our products and services without obligation to you.

6. Customer Data and Privacy

6.1 Data Ownership

You retain all rights, title, and interest in your Customer Data. "Customer Data" means all data, including telemetry events, configuration settings, and report metadata, that is provided to or collected by the Service on your behalf.

We do not claim any ownership interest in your Customer Data.

6.2 Data Processing

We act as a data processor for end-user telemetry data collected through the Service. For customer administrator account data (e.g., email, display name, tenant ID, audit logs), we act as an independent data controller. Our processing of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We will:

• Process Customer Data only as necessary to provide the Service and as documented in these Terms and our Privacy Policy
• Not use Customer Data for any purpose other than providing and improving the Service
• Not sell, rent, or share Customer Data with third parties except as described in our Privacy Policy
• Not use Customer Data for advertising, profiling, or behavioral targeting
• Not train artificial intelligence or machine learning models on Customer Data

6.3 Data Security

We implement appropriate technical and organizational measures to protect Customer Data, including:

• Network isolation through private endpoints and storage firewalls
• Encryption in transit (TLS 1.2+) and at rest (AES-256)
• Managed identity authentication (no stored credentials)
• Dedicated, RBAC-isolated storage containers per customer
• Azure Key Vault for secret management

6.4 Data Residency

You select your preferred Azure region during onboarding. All telemetry data is stored exclusively in your selected region and does not cross regional boundaries. Customer account metadata (name, email, tenant ID, audit logs) is processed in the United States, as described in our Privacy Policy.

6.5 GDPR Compliance

To the extent applicable, we comply with the General Data Protection Regulation (GDPR) and related European data protection laws. Where we process personal data subject to the GDPR:

• You are the data controller; we are the data processor
• We process personal data only on your documented instructions
• We maintain records of processing activities
• We support your obligations to respond to data subject requests
• We use sub-processors only with your consent and provide advance notice of changes
• For international data transfers, we rely on Microsoft's Standard Contractual Clauses as part of our use of Microsoft Azure infrastructure

Full details are in our Privacy Policy.

6.6 Consent and Compliance

You are responsible for:

• Obtaining all required consents from end users whose data is collected through the Service
• Complying with all applicable data protection and privacy laws in your jurisdiction
• Configuring the Service's privacy settings appropriately for your use case (e.g., enabling or disabling user identity tracking, IP collection, filter value capture)

7. Data Retention and Deletion

7.1 Retention Periods

Telemetry data retention is governed by your subscription plan while your subscription is active. When your subscription is cancelled or expires, data is deleted after the grace period described in Section 4.5, regardless of the retention tier.

You may configure shorter retention periods through the BI Pixie portal. Events that exceed your retention period are automatically and permanently deleted on a daily basis.

7.2 Individual User Data Deletion

You may delete individual end users' telemetry data through the self-service data management tools in the BI Pixie portal. Each end user's data is stored in a dedicated subfolder, enabling targeted deletion.

When you delete end-user or report data, the data is removed from your active storage. A temporary backup copy may be retained for up to 90 days to protect against accidental deletion and ensure data integrity, after which it is permanently destroyed. Backup copies are not accessible to you or any other customer.

7.3 Account Closure

Upon account closure, we permanently delete your entire dedicated storage container and all telemetry data within it. This action is irreversible. Anonymized aggregate metrics and audit log entries will be retained as described in our Privacy Policy.

8. Report Instrumentation

8.1 How Instrumentation Works

The Service modifies your Power BI reports by adding invisible native Power BI elements (measures and table visuals) through the Microsoft Fabric API. These elements capture telemetry events when end users interact with the report.

8.2 Your Consent

By using the Service to instrument a report, you authorize us to:

• Access the structural definitions of your Power BI reports and semantic models through the Microsoft Fabric API
• Add tracking elements (measures and visuals) to your reports
• Upload the modified report definitions back to your Power BI workspace

8.3 Reversibility

You may remove all BI Pixie instrumentation from your reports at any time using the "Remove Pixies" feature, restoring them to their unmodified state.

8.4 What We Do Not Access

We do not access the actual data displayed in your reports (e.g., sales figures, customer records). We access only the structural definitions needed to add and remove tracking elements.

9. Confidentiality

9.1 Confidential Information

"Confidential Information" means non-public information that is designated as confidential or that a reasonable person should understand is confidential, including Customer Data, account credentials, the terms of this Agreement, and technical specifications of the Service.

Confidential Information does not include information that: (a) becomes publicly available without breach of this Agreement; (b) was lawfully received from another source; (c) is independently developed; or (d) is feedback voluntarily provided.

9.2 Obligations

Each party will take reasonable steps to protect the other's Confidential Information, use it only for the purposes of this Agreement, and not disclose it to third parties except to employees and contractors under nondisclosure obligations.

9.3 Compelled Disclosure

A party may disclose the other's Confidential Information if required by law, provided it gives reasonable notice to the other party (if legally permissible) to enable them to seek a protective order.

9.4 Duration

Confidentiality obligations for Customer Data continue until it is deleted. For all other Confidential Information, obligations continue for five years after disclosure.

10. Service Availability

10.1 Availability Target

We aim to maintain high availability of the Service but do not guarantee uninterrupted access. Planned maintenance windows will be communicated in advance when feasible.

10.2 Support

Support is available via email at support@bipixie.com. We will use commercially reasonable efforts to respond to support requests in a timely manner.

10.3 Service Modifications

We reserve the right to modify, update, or discontinue features of the Service at any time. We will provide reasonable advance notice of material changes that affect your use of the Service.

11. Intellectual Property

11.1 Our Intellectual Property

The Service, including its software, design, documentation, and all related intellectual property, is owned by DataChant Consulting LLC and protected by applicable intellectual property laws. These Terms do not grant you any ownership interest in the Service.

11.2 Your Intellectual Property

You retain all rights to your Power BI reports, semantic models, and the data displayed within them. Our access to report definitions for instrumentation purposes does not create any ownership interest in your intellectual property.

11.3 Trademarks

"BI Pixie" and associated logos are trademarks of DataChant Consulting LLC. You may not use our trademarks without prior written consent. Power BI, Microsoft Fabric, and Azure are trademarks of Microsoft Corporation.

12. Third-Party Services

12.1 Microsoft Power BI and Fabric

The Service integrates with Microsoft Power BI and Fabric APIs. Your use of these Microsoft services is governed by your separate agreements with Microsoft. We are not responsible for the availability or functionality of Microsoft services.

12.2 Stripe

Payment processing is provided by Stripe. Your use of Stripe is subject to Stripe's Terms of Service. We do not store your payment card information.

12.3 Third-Party Links

The Service may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of any third-party sites.

13. Representations and Warranties

13.1 Our Warranties (Paid Accounts Only)

The following warranties apply only to paid subscription accounts. Free and trial accounts are provided without any warranties. See Section 4.2.

For paid accounts, we represent and warrant that:

a. We have full rights and authority to enter into and perform under these Terms;

b. The Service will substantially conform to its published documentation;

c. To the best of our knowledge, the Service will not infringe or violate any third-party intellectual property rights;

d. The Service will not contain viruses or malicious code;

e. We will comply with applicable laws, including data protection laws and anti-corruption laws.

13.2 Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We do not warrant that the results obtained through the Service will be accurate or reliable.

14. Indemnification

You agree to indemnify, defend, and hold harmless DataChant Consulting LLC and its officers, directors, employees, agents, and affiliates from and against any third-party claims, actions, suits, proceedings, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from or related to:

a. Your use of the Service in violation of these Terms;

b. Your Customer Data, including any claim that your data infringes or violates a third party's rights;

c. Your violation of applicable law, including data protection laws;

d. Your failure to obtain required consents from end users whose data is collected through the Service.

This indemnification obligation applies to both free/trial and paid accounts.

Note regarding IP claims: If a third party claims that your use of the Service infringes their intellectual property rights, we will use commercially reasonable efforts to resolve the claim, which may include modifying the Service, obtaining a license, or providing you with a substitute. If none of these alternatives is commercially practicable, we may terminate your subscription and provide a prorated refund for prepaid fees.

15. Limitation of Liability

15.1 Liability Cap

Paid accounts: OUR MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS IS LIMITED TO THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Free and trial accounts: FOR ANY FREE, TRIAL, BETA, OR EVALUATION USE OF THE SERVICE, OUR MAXIMUM AGGREGATE LIABILITY IS US$0. YOU ACCEPT THE SERVICE AT YOUR OWN RISK AND ACKNOWLEDGE THAT NO FEES HAVE BEEN PAID.

15.2 Exclusion of Indirect Damages

IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY.

15.3 Exceptions

The limitations in this section do not apply to: (a) your indemnification obligations under Section 14; (b) your violation of Section 5.2 (Restrictions); (c) either party's breach of confidentiality obligations; or (d) gross negligence, willful misconduct, or fraud.

16. Term and Termination

16.1 Term

These Terms are effective from the date you first access the Service and continue until terminated by either party as described below.

16.2 Termination by You

You may terminate these Terms at any time by canceling your subscription and ceasing use of the Service.

16.3 Termination by Us

For paid accounts, we may terminate these Terms or suspend your access:

a. Without cause: with 60 days' advance written notice;

b. For cause: immediately upon notice if you materially breach these Terms and fail to cure the breach within 30 days of receiving notice;

c. Immediately if you become insolvent, file for bankruptcy, or cease to carry on business.

For free and trial accounts, we may terminate or suspend your access at any time, for any reason, with or without notice.

16.4 Effect of Termination

Upon termination:

• All licenses granted under these Terms terminate immediately
• You must cease all use of the Service
• Outstanding fees become due and payable
• We will delete your Customer Data in accordance with Section 7.3

If we terminate for convenience, you will receive a prorated credit for any prepaid fees for the unused portion of your subscription period.

16.5 Survival

The following sections survive termination: Section 5.3 (Reservation of Rights), Section 5.4 (Feedback), Section 6.1 (Data Ownership), Section 9 (Confidentiality), Section 11 (Intellectual Property), Section 13.2 (Disclaimer), Section 14 (Indemnification), Section 15 (Limitation of Liability), Section 17 (Governing Law), and Section 18 (General Provisions).

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to conflict of law principles.

17.2 Jurisdiction

Any disputes arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois.

17.3 Informal Resolution

Before filing a legal claim, each party agrees to attempt to resolve the dispute informally by contacting the other party. If the dispute is not resolved within 30 days, either party may proceed to formal proceedings.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Order, constitute the entire agreement between you and us regarding the Service. These Terms supersede all prior and contemporaneous communications, agreements, and understandings.

18.2 Modifications

We may update these Terms from time to time. Material changes will be communicated at least 30 days in advance through the portal or email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.

18.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver. Any waiver must be in writing and signed by the waiving party.

18.5 Assignment

Neither party may assign these Terms without the other party's prior written consent, except that either party may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.

18.6 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or agency relationship.

18.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

18.8 Notices

Notices to us must be sent to the address in Section 19. Notices to you will be sent to the email address associated with your account. Email is an acceptable form of written notice under these Terms.

18.9 Force Majeure

Neither party will be liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, acts of government, pandemics, wars, terrorism, labor disputes, or failures of third-party services (including Microsoft Azure or Power BI outages).

19. Contact Information