1. Acceptance and Parties
1.1 These Terms of Service (the "Terms") govern access to and use of the QolorBeam platform, website, application, APIs, integrations, outputs, documentation and related services (collectively, the "Service"), provided by Stellamaris Cyprus Ltd, a private company limited by shares incorporated in the Republic of Cyprus under registration number HE 468345 ("QolorBeam", "we", "us", or "our").
1.2 By registering for a Customer Workspace, starting a Trial Period, authenticating through an Autodesk Account, purchasing a Plan, inviting an Authorized User, accessing the Service, or otherwise using the Service in any way, the Customer agrees to be bound by these Terms.
1.3 If you do not agree to these Terms, you must not access or use the Service. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, "Customer" and "you" refer to that entity.
1.4 The Service is offered exclusively to businesses and professionals acting in the course of a trade, business, craft or profession. The Service is not offered to consumers, private individuals acting in a personal capacity, or children.
1.5 These Terms, together with any Order Form, checkout confirmation and pricing page terms expressly incorporated into the purchase, and the Privacy Policy, form the agreement between the Customer and QolorBeam regarding the Service. These Terms include the Data Processing Terms set out in Section 19.
1.6 If there is a conflict between these documents, the following order of precedence applies: (a) a signed Order Form or written enterprise agreement, if any; (b) the Data Processing Terms in Section 19, in respect of personal data processing; (c) the remaining provisions of these Terms; (d) the Privacy Policy; and (e) the pricing page or product documentation, unless expressly stated otherwise.
2. Definitions
2.1 "Administrator" means an Authorized User with administrative permissions within the Customer Workspace, including user invitation, role management, billing access and configuration functions where available.
2.2 "Autodesk Account" means an individual Autodesk Account used by a specific Authorized User to authenticate into the Service through Autodesk Construction Cloud or other supported Autodesk services.
2.3 "Authorized User" means a specific individual authorized by the Customer to access the Customer Workspace under the Customer's Plan, using that individual's own Autodesk Account, in the role of Administrator, Editor, Viewer or any other role made available by QolorBeam.
2.4 "Billing Cycle" means the recurring monthly or annual period for which the Customer is charged the applicable Plan fee.
2.5 "BIM Model" means a Building Information Modelling file or model, including Revit (.rvt), IFC (.ifc) or other supported formats, that is accessed, uploaded, submitted or processed through the Service, including model elements, geometry, parameters, classifications, metadata and related project information.
2.6 "Confidential Information" means non-public information disclosed by one party to the other in connection with the Service, including Customer Data, BIM Models, Outputs, pricing, business information, technical information, security information, product roadmaps, software, algorithms, workflows and documentation.
2.7 "Customer Data" means BIM Models and any other data, files, text, images, documents, comments, tags, annotations, configuration settings, project information or content accessed, uploaded, submitted, generated or made available by the Customer or its Authorized Users through the Service.
2.8 "Customer Workspace" means the registered workspace within QolorBeam assigned to a single Customer, through which the Customer and its Authorized Users access and manage the Service, Customer Data, Outputs, seats, roles, billing and configuration settings.
2.9 "Data Processing Terms" means the data processing terms set out in Section 19, which govern the processing of personal data where QolorBeam acts as a processor or sub-processor on behalf of the Customer.
2.10 "Model Slot" means a capacity unit included in a Plan, representing the ability to keep one BIM Model active within the Service at a given time, as further described in Section 8.
2.11 "Order Form" means any written or electronic order, checkout confirmation, subscription confirmation or enterprise agreement accepted by QolorBeam that identifies the Plan, fees, Billing Cycle, seats, Model Slots or other commercial terms applicable to the Customer.
2.12 "Output" means any data, calculation, table, export, report, comparison, quantity take-off result, material specification, classification, insight, visualization, recommendation or other result generated, displayed or exported by the Service, whether or not generated or assisted by AI Features.
2.13 "Plan" means the subscription tier selected by the Customer, including Welcome, Team or any other plan made available by QolorBeam.
2.14 "Trial Period" means the free trial period described in Section 11, if made available to the Customer.
2.15 "Website" means the public website, legal pages and product pages operated by or on behalf of QolorBeam in connection with the Service.
3. Business Eligibility, Authority, Sanctions and Export Controls
3.1 The Service is available only to: (a) duly registered legal entities; and (b) self-employed professionals or sole proprietors holding a valid business tax identification number, acting for purposes related to their trade, business or profession.
3.2 By registering for or using the Service, the Customer represents and warrants that: (a) it is not acting as a consumer; (b) all information provided to QolorBeam is accurate, complete and not misleading; (c) the person accepting these Terms has authority to bind the Customer; and (d) the Customer will maintain accurate Customer Workspace, billing, tax and business verification information at all times.
3.3 The Service is not available to, and may not be used by, any person, entity, territory, sector or transaction that is subject to applicable sanctions, embargoes, export controls, restrictive measures or similar restrictions under the laws of the European Union, the Republic of Cyprus, the United Kingdom, the United States or any other applicable jurisdiction.
3.4 The Customer represents and warrants that it is not, and its Authorized Users are not, located in, incorporated in, organized under the laws of, ordinarily resident in, controlled by, acting on behalf of, or providing access to any person or entity subject to such restrictions.
3.5 The Customer shall not use the Service to process, support, facilitate or conceal any activity, project, transaction, customer, end user, asset or data that would cause QolorBeam to violate sanctions, export controls or applicable law.
3.6 We reserve the right to request additional information at any time to verify the Customer's eligibility, business status, payment method, tax information, sanctions status, Autodesk access rights or compliance with this Section. We may refuse registration, suspend access, reject payment, cancel a subscription or terminate a Customer Workspace where we reasonably believe that this Section has been breached or may apply.
4. Registration, Autodesk Authentication and Customer Workspace Administration
4.1 Access to the Service is provided through authentication via an individual Autodesk Account connected to Autodesk Construction Cloud or such other Autodesk services as may be supported by QolorBeam from time to time. Unless QolorBeam provides otherwise, there is no independent QolorBeam password-based login.
4.2 Each Authorized User must sign in using that Authorized User's own Autodesk Account. An Autodesk Account is personal to the individual Authorized User and must not be shared, transferred or used by more than one person.
4.3 Each Customer Workspace corresponds to a single Customer. A Customer Workspace may contain one or more Authorized Users depending on the Customer's Plan, purchased seats and applicable limits.
4.4 Seats and licenses are associated with a specific Customer Workspace and not with an individual in their personal capacity. A seat entitles the relevant Authorized User to access the Service only within the Customer Workspace to which that seat belongs.
4.5 An individual may be invited as an Authorized User by more than one Customer, for example by different employers or clients. In that case, each Customer Workspace maintains its own separate seat for that individual. Following authentication through Autodesk, where the individual is associated with more than one Customer Workspace, the individual selects which Customer Workspace to access for that session.
4.6 When a Customer first subscribes, the Customer completes payment through our payment processor, after which the Customer Workspace is created and made available. Administrators add and pay for seats, invite Authorized Users, assign roles and manage billing from within the Customer Workspace.
4.7 Each Authorized User must have all Autodesk permissions, licenses and access rights required to make the relevant BIM Models available to the Service. QolorBeam may store and process Autodesk OAuth tokens, refresh tokens, authorization grants, API access tokens or similar technical credentials as necessary to operate the Autodesk integration. QolorBeam does not collect or store Autodesk passwords.
4.8 The Customer is responsible for maintaining its own Autodesk subscriptions, Autodesk Construction Cloud access, model permissions, project permissions and third-party account settings. If Autodesk access is revoked, suspended, unavailable, insufficient or modified, the Service may not function fully or at all.
4.9 The Customer is responsible for all activity within its Customer Workspace, including activity by Administrators, Editors, Viewers and any other Authorized Users. Any action taken by an Authorized User within the Service is deemed to be taken on behalf of the Customer.
4.10 The Customer is responsible for: (a) inviting only appropriate Authorized Users; (b) ensuring that each Authorized User uses their own Autodesk Account; (c) assigning appropriate roles; (d) removing or disabling access for former employees, contractors or representatives; (e) monitoring Customer Workspace activity; and (f) ensuring that all Authorized Users comply with these Terms.
4.11 The Customer must notify QolorBeam promptly at support@qolorbeam.com if it becomes aware of any unauthorized access, compromise of Autodesk credentials, misuse of the Service, security incident or other breach affecting the Customer Workspace or any Autodesk Account used to access it.
5. Description of the Service and Third-Party Dependencies
5.1 QolorBeam is a cloud-based business-to-business Software-as-a-Service platform designed to assist professionals in processing BIM Models and generating structured quantity data, comparisons, exports, material-related analytics and other Outputs.
5.2 The Service is integrated with Autodesk Construction Cloud and Autodesk Platform Services. Certain features depend on Autodesk APIs, Autodesk Account permissions, Autodesk model availability, Autodesk service uptime, Autodesk data formats and Autodesk technical or commercial decisions. Original BIM Models normally remain in Autodesk Construction Cloud; QolorBeam accesses them through the Autodesk integration and stores extracted data, metadata, processed results, Outputs, configuration data and logs needed to provide, secure, support and improve the Service.
5.3 The Service may also depend on third-party infrastructure, hosting, payment processors, email providers, analytics providers, AI providers and other service providers. QolorBeam is not responsible for the acts, omissions, outages, changes, pricing, policies, data formats, access restrictions, service limitations or discontinuation of any third-party service.
5.4 QolorBeam may modify, improve, update, suspend, replace or discontinue features of the Service from time to time, including where required for security, compliance, performance, third-party changes, technical feasibility, commercial reasons or product development.
5.5 QolorBeam is not affiliated with, endorsed by, sponsored by or controlled by Autodesk unless expressly stated in writing. Autodesk and Autodesk Construction Cloud are third-party services governed by their own terms and policies.
6. License to Use the Service
6.1 Subject to the Customer's compliance with these Terms and timely payment of all applicable fees, QolorBeam grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription term to access and use the Service for the Customer's internal business purposes.
6.2 The Customer may permit its Authorized Users to access the Service solely on behalf of the Customer and solely within the scope of the Customer's Plan, purchased seats, Model Slots and these Terms.
6.3 The Customer receives no ownership interest in the Service, software, APIs, algorithms, workflows, templates, user interface, documentation, data structures, classification logic, AI Features, models, prompts, methods, know-how or underlying technology.
6.4 All rights not expressly granted to the Customer are reserved by QolorBeam and its licensors.
7. Plans, Seats, Model Slots and Customer Workspace Roles
7.1 The Service is offered under the Plans published by QolorBeam from time to time, including Welcome and Team plans or any other plans made available on the pricing page or in an Order Form.
7.2 The Welcome Plan is a single-user Plan for one (1) Authorized User. Additional Authorized Users cannot be added to the Welcome Plan. A Customer that requires more than one Authorized User must select a Team Plan.
7.3 Team Plans support multiple Authorized Users and are offered in published seat tiers, such as three (3), five (5) or ten (10) Authorized Users. Within a Team Plan, the Customer may increase the number of Authorized Users either (a) individually, by adding seats one at a time at the then-current per-seat fee, or (b) by package, by moving to a larger published Team seat tier.
7.4 Unless otherwise stated in an Order Form, every Plan includes fifty (50) Model Slots. A Model Slot is a capacity unit, not a storage allocation. It represents the ability to keep one BIM Model active for processing at a given time.
7.5 The Customer may replace the BIM Model held in a Model Slot with a new or updated model without consuming an additional Model Slot, subject to technical limits, fair use limits and any processing limits published by QolorBeam.
7.6 The number of Model Slots limits how many BIM Models may be active concurrently. It does not grant unlimited storage, unlimited processing, unlimited exports, unlimited API usage or unlimited technical resources.
7.7 Customer Workspace roles may include Administrator, Editor and Viewer. QolorBeam may add, change or remove roles or permissions where reasonably required for product development, security or operational reasons.
8. Technical Limits, Fair Use and Unsupported Models
8.1 The Service is subject to technical, security, storage, processing, API, file-size, rate, export and fair-use limits, whether published in the Service, on the pricing page, in documentation, in an Order Form or communicated by QolorBeam from time to time.
8.2 QolorBeam may reject, throttle, delay, suspend or limit processing of BIM Models or Customer Data that are corrupted, unsupported, excessively large, unusually complex, infected with malware, submitted in abnormal volumes, likely to degrade the Service, or otherwise inconsistent with normal professional use of the Service.
8.3 QolorBeam does not guarantee that every BIM Model, model version, family, parameter, element, classification, geometry, material attribute, naming convention or third-party file format will be correctly read, interpreted, classified or processed.
8.4 The Customer is responsible for ensuring that BIM Models are complete, current, properly structured, correctly exported, compatible with supported formats and suitable for the Customer's intended use.
8.5 The Customer shall not attempt to bypass technical limits, automate excessive requests, conduct load testing, scrape the Service, interfere with processing queues or use the Service in a manner that imposes an unreasonable or disproportionate load on QolorBeam systems.
9. Fees, Billing, Taxes and Payment Terms
9.1 Plans are billed monthly or annually, at the Customer's election, at the rates published on the pricing page or specified in an Order Form at the time of subscription or renewal.
9.2 Annual billing may be offered at a reduced effective rate compared with consecutive monthly payments, as reflected on the pricing page or in an Order Form at the time of purchase.
9.3 Fees are processed through QolorBeam's third-party payment processor, Stripe, unless QolorBeam agrees in writing to payment by bank transfer, wire transfer or invoice outside Stripe.
9.4 The Customer must provide accurate and complete billing, legal entity, tax, VAT and payment information. The Customer authorizes QolorBeam and its payment processor to charge the selected payment method for all fees, taxes and other amounts due.
9.5 All fees are exclusive of value-added tax (VAT), sales tax, withholding tax, duties, levies or other taxes, unless expressly stated otherwise. Taxes will be added where required by law. The Customer is responsible for any taxes, deductions or withholdings applicable to its purchase, except taxes based on QolorBeam's net income.
9.6 If the Customer provides an invalid VAT number, incorrect billing details, false business information or incomplete tax information, QolorBeam may correct invoices, charge applicable taxes, suspend access or require additional verification.
9.7 The Service is offered strictly on a business-to-business basis. The Customer confirms that any payment method used for the Service is used for business or professional purposes. Use of a personal payment card does not convert the Customer into a consumer and does not create consumer withdrawal or refund rights.
9.8 QolorBeam may revise its fees at any time. Any fee increase will take effect no earlier than the Customer's first renewal occurring at least thirty (30) days after notice of the change is given in accordance with Section 29.
9.9 Unless prohibited by applicable law, payments must be made without set-off, deduction, counterclaim or withholding. If a payment is overdue, QolorBeam may suspend access until all outstanding amounts are paid.
10. Pricing Page, Order Forms and Commercial Terms
10.1 The Plan, price, Billing Cycle, number of seats, Model Slots and any special commercial terms applicable to the Customer may be confirmed through Stripe checkout, an electronic subscription confirmation, the pricing page or a written Order Form.
10.2 QolorBeam may correct obvious pricing, typographical, technical or billing errors, even if an order has been submitted or accepted, provided that the Customer will be given a reasonable opportunity to cancel where the correction materially affects the price.
10.3 Promotional offers, discounts, free months, credits or special terms apply only for the period and scope expressly stated by QolorBeam and may not be combined unless expressly permitted.
10.4 If an Order Form contains terms that expressly modify these Terms, those modifications apply only to that Order Form and only for the subscription period stated in that Order Form.
11. Free Trial
11.1 New Customers may be offered a free trial period of fourteen (14) days providing access to the features of the selected Plan or to such features as QolorBeam makes available for evaluation (the "Trial Period").
11.2 A valid payment method may be required to begin the Trial Period. Unless the Customer cancels before the Trial Period ends, the Customer Workspace may automatically convert to a paid subscription at the end of the Trial Period and the applicable Plan fee will be charged.
11.3 The Customer may cancel during the Trial Period before its expiry without being charged, unless otherwise clearly disclosed at the time of trial registration.
11.4 QolorBeam may refuse, limit, shorten, extend or withdraw Trial Periods at its discretion, including to prevent abuse, duplicate trials, fraudulent registrations or use inconsistent with the intended B2B evaluation purpose.
11.5 Trial, beta, demo or evaluation access is provided for evaluation only and may be limited, changed or withdrawn at any time. Outputs generated during a Trial Period must be independently verified before being used for any commercial, financial, design, procurement or construction decision.
12. Plan and Seat Changes
12.1 A change of Plan tier, including a change from Welcome to Team or between Team seat tiers, takes effect from the start of the Customer's next Billing Cycle following the request, unless QolorBeam states otherwise.
12.2 Within a Team Plan, the Customer may add individual Authorized Users at the then-current per-seat fee. Such additions take effect immediately, and the corresponding fee is charged on a pro-rated basis for the remainder of the then-current Billing Cycle. The Welcome Plan is a single-user Plan to which additional Authorized Users cannot be added; to add Authorized Users, a Welcome Customer must move to a Team Plan in accordance with Section 12.1.
12.3 A reduction in the number of additional Authorized Users takes effect from the start of the Customer's next Billing Cycle. No refund or credit is given for any portion of a Billing Cycle already paid, unless required by mandatory applicable law or expressly agreed by QolorBeam.
12.4 The Customer is responsible for managing seat usage and removing Authorized Users who no longer require access.
13. Cancellation, Non-Refunds, Chargebacks and Consumer Withdrawal
13.1 The Trial Period constitutes the Customer's opportunity to evaluate the Service before being billed. Once a paid Billing Cycle has commenced, fees paid are non-refundable, including in the case of early cancellation, unused seats, unused Model Slots, reduced usage, dissatisfaction with Outputs, third-party service downtime or a decision not to use the Service, except where expressly stated in these Terms or required by mandatory applicable law.
13.2 The Customer may cancel its subscription at any time through Customer Workspace settings where available or by contacting QolorBeam. Cancellation takes effect at the end of the then-current Billing Cycle. Access continues until that date unless the Customer Workspace is suspended or terminated earlier under these Terms.
13.3 Because the Service is offered exclusively on a business-to-business basis, the statutory right of withdrawal applicable to distance contracts concluded with consumers does not apply to the Customer's subscription to the Service.
13.4 If a chargeback, payment dispute, reversal or failed payment is initiated in connection with the Customer Workspace, QolorBeam may suspend access to the Service pending resolution. The Customer remains responsible for all validly incurred fees and any reasonable costs incurred by QolorBeam as a result of an improper chargeback or payment dispute.
13.5 Refunds, credits or goodwill extensions may be granted at QolorBeam's sole discretion. Any such decision in one case does not create a right to similar treatment in another case.
14. Customer Data and Customer Responsibilities
14.1 As between the parties, the Customer retains ownership of Customer Data. The Customer is solely responsible for Customer Data, including its accuracy, completeness, quality, legality, reliability, integrity, structure, formatting, version control and suitability for processing through the Service.
14.2 The Customer represents and warrants that it has and will maintain all rights, licenses, permissions, consents and authority necessary to: (a) access and connect the relevant Autodesk Account; (b) make BIM Models and Customer Data available to QolorBeam; (c) permit QolorBeam to process Customer Data for the purposes of providing the Service; and (d) use, export and rely on Outputs in accordance with these Terms.
14.3 The Customer must not upload, submit, connect, process or make available Customer Data that: (a) infringes intellectual property, privacy, confidentiality, contractual, trade secret or other rights of any third party; (b) contains unlawful, harmful, malicious or unauthorized content; (c) contains personal data or confidential third-party information without a lawful basis and authority; (d) is subject to export controls, sanctions or regulatory restrictions without proper authorization; or (e) would cause QolorBeam to violate applicable law or third-party terms.
14.4 The Customer is responsible for informing its Authorized Users and, where required, its employees, contractors, clients, project owners and other relevant third parties about the use of the Service and about any processing of data through the Service.
14.5 The Customer is responsible for keeping its own copies and backups of BIM Models, project files, contracts, calculations, reports and other business-critical information. The Service is not intended to be the Customer's sole archive, backup repository or record-keeping system.
14.6 QolorBeam may remove, restrict, quarantine or refuse to process Customer Data where QolorBeam reasonably believes it violates these Terms, applicable law, third-party rights, security requirements or technical requirements.
15. Outputs, No Professional Advice and Mandatory Human Review
15.1 The Service generates Outputs by processing BIM Models and related Customer Data. Outputs may include quantity take-off data, material specifications, comparisons, exports, reports, classifications, analytical insights and AI-assisted information.
15.2 Outputs are provided for informational and workflow-support purposes only. QolorBeam does not provide architectural, engineering, quantity surveying, cost estimation, construction management, procurement, legal, tax, accounting, safety, compliance or other professional advice.
15.3 The Customer is solely responsible for independently reviewing, validating and verifying all Outputs before relying on them for any commercial, financial, design, construction, procurement, tendering, budgeting, contractual, safety-critical or operational decision.
15.4 QolorBeam strongly recommends that Outputs be reviewed by a qualified professional estimator, quantity surveyor, engineer, architect, project manager or other competent expert before use in any real-world project, tender, estimate, budget, procurement decision, construction decision or contractual deliverable.
15.5 QolorBeam does not warrant or guarantee that Outputs are accurate, complete, current, compliant with applicable standards, suitable for the Customer's intended use, free of omissions, or fit for any particular professional, commercial, engineering, construction or procurement purpose.
15.6 The Customer acknowledges that inaccurate or incomplete BIM Models, incorrect parameters, unusual modelling practices, unsupported formats, changes in Autodesk data, corrupted files, missing information, ambiguous classifications, AI limitations or user configuration choices may lead to inaccurate, incomplete or misleading Outputs.
15.7 The Customer must not present Outputs as certified professional advice, official quantity surveyor reports, engineering approvals, safety confirmations, regulatory approvals or QolorBeam-certified calculations unless QolorBeam expressly agrees in writing.
16. Artificial Intelligence Features
16.1 The Service may include features powered or assisted by artificial intelligence, machine learning, statistical models, automated classification, language models or similar technologies ("AI Features"). AI Features may assist with classification, anomaly detection, data extraction, comparison, analytics, report generation or other functionality.
16.2 AI Features are assistive tools only. They may produce inaccurate, incomplete, outdated, biased, inconsistent or unexpected results. The Customer remains responsible for human oversight and for verifying all AI-assisted Outputs.
16.3 QolorBeam does not use Customer Data to train, fine-tune, retrain, develop, evaluate or improve AI or machine learning models, whether QolorBeam's own models or third-party models, unless the Customer has given explicit separate opt-in consent for that specific purpose.
16.4 AI Features that process Customer Data are currently operated by QolorBeam on QolorBeam-controlled infrastructure and hardware. QolorBeam does not currently use third-party AI providers to process Customer Data for AI Features. If third-party AI providers are used in the future, QolorBeam will take reasonable steps to ensure that such providers process Customer Data only to provide the requested functionality and do not use Customer Data for model training where QolorBeam has committed not to permit such training.
16.5 QolorBeam does not make decisions based solely on automated processing that produce legal effects concerning individuals or similarly significant effects within the meaning of applicable data protection law.
16.6 The Customer must not use AI Features as the sole basis for safety-critical, legally binding, engineering, construction, procurement, budgetary, employment, credit, insurance, regulatory or similarly significant decisions.
16.7 QolorBeam may modify, suspend, disable or limit AI Features at any time for legal, compliance, safety, security, technical, cost, product or third-party-provider reasons.
17. Intellectual Property
17.1 QolorBeam and its licensors retain all right, title and interest in and to the Service, including software, source code, object code, APIs, algorithms, models, templates, workflows, prompts, documentation, user interfaces, know-how, trade secrets, designs, trademarks, logos, branding, product names and all related intellectual property rights.
17.2 As between the parties, the Customer retains ownership of Customer Data.
17.3 Subject to payment of applicable fees and compliance with these Terms, the Customer may use Outputs for its internal business purposes. QolorBeam retains all rights in the Service and in the methods, tools, software, algorithms, templates, schemas, workflows and technology used to generate Outputs.
17.4 The Customer grants QolorBeam a worldwide, non-exclusive, royalty-free license to host, access, process, transmit, display, reproduce, transform and otherwise use Customer Data solely as necessary to provide, secure, support, maintain and improve the Service, comply with law, enforce these Terms and exercise QolorBeam's rights under these Terms.
17.5 QolorBeam may use aggregated, anonymized or de-identified data derived from use of the Service for analytics, benchmarking, product improvement, security, performance monitoring and business purposes, provided that such data does not identify the Customer, any Authorized User, any project, any client of the Customer or any individual.
17.6 QolorBeam does not use Customer Data to train AI or machine learning models except as expressly permitted under Section 16.3.
17.7 If the Customer voluntarily provides feedback, suggestions, ideas, requests, comments or recommendations regarding the Service, the Customer grants QolorBeam a perpetual, irrevocable, worldwide, royalty-free license to use, exploit, modify and incorporate such feedback for any purpose without restriction, attribution or compensation.
17.8 The Customer must not remove, obscure or alter any proprietary notices, trademarks, copyright notices or attribution notices displayed in or generated by the Service unless expressly permitted by QolorBeam.
18. Confidentiality
18.1 Each party may receive Confidential Information from the other party in connection with these Terms. The receiving party shall use the disclosing party's Confidential Information only for the purposes of performing or exercising rights under these Terms and shall protect it using at least reasonable care.
18.2 Customer Data, BIM Models, Outputs, project information, commercial project details and non-public business information of the Customer are the Customer's Confidential Information.
18.3 The Service, software, technology, product roadmap, pricing not publicly available, security information, technical architecture, algorithms, workflows, prompts, templates and business information of QolorBeam are QolorBeam's Confidential Information.
18.4 The receiving party may disclose Confidential Information only to its employees, contractors, professional advisers, affiliates and service providers who need to know it for the purposes of these Terms and who are bound by confidentiality obligations no less protective than those set out in these Terms.
18.5 Confidential Information does not include information that the receiving party can demonstrate: (a) is or becomes publicly available without breach of these Terms; (b) was lawfully known to the receiving party before disclosure; (c) is lawfully received from a third party without confidentiality restrictions; or (d) is independently developed without use of the disclosing party's Confidential Information.
18.6 The receiving party may disclose Confidential Information where required by law, court order or competent authority, provided that, where legally permitted, it gives the disclosing party prompt notice and reasonably cooperates to limit the disclosure.
18.7 The obligations in this Section survive termination of these Terms for five (5) years, except for trade secrets and highly sensitive project, security or technical information, which remain protected for as long as they remain confidential under applicable law.
19. Data Protection and Data Processing Terms
19.1 Each party shall comply with applicable data protection laws in connection with the Service, including the General Data Protection Regulation (EU) 2016/679 ("GDPR") where applicable.
19.2 QolorBeam acts as an independent controller for personal data processed for Customer Workspace administration, Autodesk authentication, billing, payment, tax, customer relationship management, marketing, security, analytics, fraud prevention, legal compliance and business administration purposes, as described in the Privacy Policy.
19.3 To the extent QolorBeam processes personal data contained in Customer Data on behalf of the Customer and according to the Customer's instructions, the Customer acts as controller or processor, as applicable, and QolorBeam acts as processor or sub-processor. This processing is governed by the data processing terms in this Section (the "Data Processing Terms"), which form part of these Terms and are intended to satisfy Article 28 of the GDPR where applicable.
19.4 Subject matter and duration. The subject matter of the processing is personal data contained in Customer Data, processed to provide the Service. The processing continues for the duration of the Customer's subscription and until the personal data is deleted or returned in accordance with Section 20 and these Data Processing Terms.
19.5 Nature and purpose. The nature of the processing includes access, hosting, storage, organization, retrieval, analysis, generation of Outputs, transmission and deletion of Customer Data by automated means. The purpose is to provide, maintain, secure and support the Service as instructed by the Customer through these Terms and its use of the Service.
19.6 Categories of personal data. Personal data that may be incidentally contained in BIM Models, extracted data, model metadata, Outputs and other Customer Data, such as names, identifiers, roles, contact details and project-related information relating to the Customer's personnel, contractors, clients or project participants.
19.7 Categories of data subjects. The Customer's Authorized Users, employees, contractors, consultants, clients, project owners, project participants and other individuals whose personal data is contained in Customer Data.
19.8 Processing on documented instructions. QolorBeam processes personal data described in Section 19.6 only on the Customer's documented instructions, including as set out in these Terms and through the Customer's configuration and use of the Service, unless required to process by applicable law, in which case QolorBeam will inform the Customer of that legal requirement before processing, unless the law prohibits such notice.
19.9 Confidentiality. QolorBeam ensures that persons authorized to process the personal data are bound by appropriate obligations of confidentiality.
19.10 Security. QolorBeam implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, as further described in Section 22, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing.
19.11 Sub-processors. The Customer provides general authorization for QolorBeam to engage sub-processors to support the provision of the Service, including hosting, infrastructure, payment and communications providers of the kind identified in the Privacy Policy. QolorBeam imposes data protection obligations on its sub-processors that are no less protective than those in these Data Processing Terms, and remains responsible for their performance to the extent required by applicable data protection law. QolorBeam may add or replace sub-processors where reasonably necessary for the Service and may provide information about material sub-processor changes by updating the Privacy Policy, making information available on request, providing notice through the Service, or by email where required by law. If the Customer has a reasonable data protection objection to a new sub-processor, the Customer may stop using the affected part of the Service or cancel the subscription in accordance with these Terms; no refund is due unless required by mandatory law or expressly agreed by QolorBeam.
19.12 International transfers. Where QolorBeam transfers personal data processed on the Customer's behalf outside the European Economic Area, it does so on the basis of an appropriate transfer mechanism recognized under the GDPR, such as the European Commission's Standard Contractual Clauses or an applicable adequacy mechanism, together with supplementary measures where appropriate.
19.13 Assistance with data subject requests. Taking into account the nature of the processing, QolorBeam assists the Customer by appropriate technical and organizational measures, insofar as reasonably possible, to respond to requests from data subjects exercising their rights under applicable data protection law.
19.14 Assistance with security, breach and impact assessments. Taking into account the nature of the processing and the information available to QolorBeam, QolorBeam assists the Customer in ensuring compliance with its obligations relating to security of processing, notification of personal data breaches, communication of breaches to data subjects, data protection impact assessments and prior consultation, as set out in Articles 32 to 36 of the GDPR. QolorBeam may charge reasonable costs for substantial assistance unless the assistance is required due to QolorBeam's breach of these Terms or applicable law.
19.15 Personal data breach notification. QolorBeam notifies the Customer without undue delay after becoming aware of a personal data breach affecting personal data processed on the Customer's behalf, and provides the Customer with information reasonably available to it to assist the Customer in meeting its own notification obligations.
19.16 Return or deletion. On termination or expiry of the Service, QolorBeam deletes or returns personal data processed on the Customer's behalf in accordance with Section 20, except to the extent retention is required by applicable law.
19.17 Audit and information. QolorBeam makes available to the Customer information reasonably necessary to demonstrate compliance with these Data Processing Terms, primarily through documentation, written responses, security questionnaires or summaries of relevant controls. Any audit must be requested on reasonable written notice, may occur no more than once in any twelve (12) month period unless required by a competent supervisory authority or following a confirmed personal data breach affecting Customer Data, and must be limited in scope, timing and duration. Audits are remote and document-based unless QolorBeam expressly agrees otherwise or mandatory law requires otherwise. The Customer bears its own costs and any reasonable costs incurred by QolorBeam in supporting an audit. No audit may require access to QolorBeam source code, trade secrets, internal security architecture, systems, premises, data of other customers, or information that would compromise security, confidentiality or legal obligations.
19.18 The Customer is responsible for determining whether Customer Data contains personal data and for ensuring that it has a lawful basis and all required notices, consents, authorizations and agreements for submitting such data to the Service.
19.19 In the event of conflict between the general provisions of these Terms and these Data Processing Terms, the Data Processing Terms prevail only in relation to the processing of personal data.
20. Data Export, Retention and Deletion
20.1 During an active subscription, the Customer may export available Outputs using the export functionality made available in the Service, subject to Plan limits, technical limits and these Terms.
20.2 The Customer is responsible for exporting any Customer Data or Outputs it wishes to retain before cancellation, termination or expiry of the subscription. QolorBeam is not responsible for the Customer's failure to export data within the available export period.
20.3 Following ordinary cancellation or expiry of a paid subscription, the Customer Workspace will normally enter read-only mode for ninety (90) days, during which the Customer may view and export available Outputs but may not perform new processing, uploads or modifications.
20.4 After the ninety (90) day read-only period, the Customer Workspace may be frozen and access suspended for a further ninety (90) days. During this period, QolorBeam may retain Customer Data and Outputs in storage but is not required to provide active access unless otherwise agreed.
20.5 One hundred and eighty (180) days after ordinary cancellation or expiry, QolorBeam will delete Customer Data, Outputs and associated Customer Workspace data from active systems in the ordinary course, except for records QolorBeam is required or permitted to retain for legal, tax, accounting, security, fraud prevention, dispute resolution or compliance purposes.
20.6 If QolorBeam terminates or suspends a Customer Workspace for breach, non-payment, sanctions risk, security risk, unlawful activity, fraud, misuse or legal requirement, QolorBeam may restrict or terminate access immediately and may provide a limited export opportunity only where QolorBeam determines that doing so is lawful, secure and appropriate.
20.7 Backups are retained for limited periods and overwritten in the ordinary course of operations. Customer Data in backups may not be immediately deletable but will remain protected and will not be used for active processing except restoration, security, legal or compliance purposes.
20.8 Additional data retention details may be set out in the Privacy Policy and in the Data Processing Terms in Section 19. In the event of conflict regarding personal data retention, the Data Processing Terms and the Privacy Policy prevail to the extent required by law.
21. Acceptable Use
21.1 The Customer shall not, and shall ensure that its Authorized Users do not: (a) use the Service for any unlawful, harmful, fraudulent, abusive or unauthorized purpose; (b) attempt to gain unauthorized access to the Service, related systems, networks or other customers' data; (c) interfere with, disrupt, degrade or overload the Service; (d) upload malware, viruses, worms, trojans, ransomware, spyware or harmful code; (e) reverse engineer, decompile, disassemble or attempt to extract source code, algorithms, models, prompts, workflows or underlying technology except to the extent expressly permitted by mandatory law; (f) resell, sublicense, rent, lease, timeshare, distribute or make the Service available to third parties outside the Customer's organization without QolorBeam's prior written consent; (g) use the Service to develop, train, benchmark or improve a competing product or service; (h) conduct penetration testing, vulnerability scanning, load testing or performance testing without QolorBeam's prior written consent; (i) scrape, crawl, harvest or extract data from the Service by automated means except through authorized API functionality; (j) bypass or attempt to bypass Plan limits, Model Slot limits, technical limits, security controls or access restrictions; (k) share Autodesk Accounts, share Authorized User access or allow unauthorized persons to use the Service; (l) upload Customer Data that infringes intellectual property, privacy, confidentiality, contractual or other rights of any third party; or (m) use the Service in violation of sanctions, export controls or applicable law.
21.2 QolorBeam may investigate suspected violations of this Section and may suspend, restrict or terminate access where reasonably necessary to protect the Service, QolorBeam, other customers, third parties or the public.
22. Security
22.1 QolorBeam implements reasonable technical and organizational measures designed to protect the Service and Customer Data against unauthorized access, loss, misuse and alteration, taking into account the nature of the Service and the risks involved.
22.2 Security measures may include access controls, role-based permissions, encryption in transit, secure hosting, logging, monitoring, backups, internal access restrictions, confidentiality obligations and incident response procedures.
22.3 The Customer is responsible for maintaining the security of its Autodesk Accounts, devices, networks, Authorized User access, Customer Workspace roles and exported Outputs. QolorBeam is not responsible for unauthorized access resulting from the Customer's failure to manage Autodesk permissions, user roles, devices or internal access controls.
22.4 QolorBeam may suspend access immediately if it reasonably believes that the Customer Workspace, Customer Data, Autodesk integration, payment method or use of the Service presents a security risk, legal risk, fraud risk, sanctions risk or risk to the integrity of the Service.
22.5 No method of transmission over the internet, electronic storage or processing system is completely secure. QolorBeam does not guarantee absolute security.
23. Service Availability, Maintenance and Support
23.1 QolorBeam will use commercially reasonable efforts to make the Service available, but does not commit to any specific uptime, service level, response time, recovery time or support level unless expressly agreed in a separate written SLA or enterprise agreement.
23.2 The Service may be unavailable, interrupted, delayed or degraded due to scheduled maintenance, emergency maintenance, updates, security patches, network issues, hosting failures, Autodesk downtime, Stripe downtime, AI provider downtime, force majeure events, customer-side issues or other causes.
23.3 QolorBeam may perform scheduled or emergency maintenance at any time. Where reasonably practicable, QolorBeam may provide advance notice of material scheduled maintenance, but is not required to do so for urgent security, stability or third-party reasons.
23.4 Support is provided by email at support@qolorbeam.com unless QolorBeam provides another support channel. QolorBeam aims to respond within a reasonable time but does not guarantee a specific response time under these Terms.
23.5 The Customer is responsible for maintaining compatible browsers, internet connectivity, Autodesk access, devices, internal IT systems and any other technical requirements needed to use the Service.
24. Beta, Experimental and Pre-Release Features
24.1 QolorBeam may make beta, experimental, preview, pilot, early-access or pre-release features available from time to time. Such features may be incomplete, unstable, inaccurate, unsupported, changed, limited or discontinued at any time.
24.2 Beta and experimental features are provided for evaluation only and must not be used as the sole basis for commercial, financial, design, construction, procurement, safety-critical or legally significant decisions.
24.3 QolorBeam may collect feedback and usage information regarding beta and experimental features to improve the Service, subject to the Privacy Policy and the Data Processing Terms in Section 19 where applicable.
25. Indemnification
25.1 The Customer shall defend, indemnify and hold harmless QolorBeam, its affiliates, directors, officers, employees, contractors, licensors and service providers from and against any claims, demands, actions, investigations, losses, damages, liabilities, fines, penalties, costs and expenses, including reasonable legal fees, arising out of or relating to: (a) Customer Data; (b) BIM Models or project information made available to the Service; (c) the Customer's or Authorized Users' use of the Service or Outputs; (d) reliance on Outputs without appropriate professional review; (e) breach of these Terms; (f) breach of applicable law, sanctions or export controls; (g) infringement or alleged infringement of third-party intellectual property, confidentiality, privacy, contractual or other rights; (h) disputes between the Customer and its clients, contractors, subcontractors, consultants, project owners, employees, Authorized Users or other third parties; or (i) inaccurate, incomplete or unauthorized information provided by the Customer.
25.2 QolorBeam may, at its option, control the defense of any matter subject to indemnification by the Customer. The Customer shall cooperate with QolorBeam and shall not settle any claim in a manner that imposes liability, admission, obligation or restriction on QolorBeam without QolorBeam's prior written consent.
25.3 The indemnification obligations in this Section survive termination of these Terms.
26. Disclaimers
26.1 The Service, including all Outputs, AI Features, beta features, exports, reports, integrations, documentation and support, is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory or otherwise.
26.2 To the maximum extent permitted by applicable law, QolorBeam disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, availability, uninterrupted operation, security, error-free operation and compatibility with any particular BIM Model, Autodesk configuration, software, workflow or professional use case.
26.3 QolorBeam does not warrant that the Service will identify every error, discrepancy, clash, quantity issue, modelling problem, classification issue, cost issue, material issue or project risk.
26.4 QolorBeam does not warrant that Outputs will meet the Customer's requirements, industry standards, tender requirements, contractual requirements, regulatory requirements, employer requirements, client requirements or professional standards applicable to any project.
26.5 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under mandatory applicable law.
27. Limitation of Liability
27.1 To the maximum extent permitted by applicable law, QolorBeam's aggregate liability arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, shall not exceed the total fees paid by the Customer to QolorBeam for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.
27.2 To the maximum extent permitted by applicable law, QolorBeam shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, savings, business, goodwill, reputation, opportunity, contracts, anticipated savings, data, use, production, project delay, tender loss, procurement loss, construction cost overrun, rework cost or business interruption, even if QolorBeam has been advised of the possibility of such damages.
27.3 QolorBeam shall not be liable for damages arising from: (a) Customer Data; (b) inaccurate, incomplete or corrupted BIM Models; (c) Customer's failure to verify Outputs; (d) Autodesk downtime, API changes or access restrictions; (e) Stripe or payment processor issues; (f) third-party service failures; (g) Customer-side network, device, browser, permission or configuration issues; (h) unauthorized access caused by Customer's failure to manage Autodesk Accounts, Autodesk permissions or Customer Workspace access; or (i) use of the Service contrary to these Terms.
27.4 The exclusions and limitations in this Section apply even if any limited remedy fails of its essential purpose.
27.5 The liability cap in Section 27.1 does not limit the Customer's payment obligations, confidentiality obligations, indemnification obligations, misuse of QolorBeam intellectual property, or liability for breach of Sections 3, 14, 18, 21 or 25.
28. Suspension, Term and Termination
28.1 These Terms remain in effect for as long as the Customer maintains a Customer Workspace, has an active subscription, uses the Service, or has outstanding obligations to QolorBeam.
28.2 QolorBeam may suspend access to the Service immediately if: (a) payment is overdue; (b) a payment dispute or chargeback is initiated; (c) the Customer breaches these Terms; (d) QolorBeam reasonably suspects fraud, abuse, unlawful activity, sanctions risk, security risk or unauthorized access; (e) suspension is required by law, court order, regulator or third-party service provider; (f) the Customer's Autodesk access is invalid, revoked or insufficient; or (g) continued access may harm the Service, QolorBeam, other customers or third parties.
28.3 For breaches capable of cure, QolorBeam may, but is not required to, provide notice and a reasonable cure period. No cure period is required for non-payment, sanctions risk, security risk, unlawful activity, confidentiality breach, IP misuse, fraud, chargeback, unauthorized access or material breach that cannot reasonably be cured.
28.4 QolorBeam may terminate the Customer Workspace immediately upon notice for material breach of these Terms, repeated breach, non-payment, sanctions or export control risk, unlawful activity, fraud, misuse of the Service, unauthorized use, or where required by law or a third-party service provider.
28.5 QolorBeam may close a Customer Workspace that has remained inactive for twelve (12) consecutive months following reasonable prior notice to the Customer, unless legal, billing or compliance reasons require retention of certain records.
28.6 Upon termination or expiry of these Terms, the Customer's right to access and use the Service ceases, subject to any limited read-only export period described in Section 20 for ordinary cancellation or expiry.
28.7 Sections that by their nature are intended to survive termination survive termination, including Sections 3, 13, 14, 15, 16, 17, 18, 19, 20, 25, 26, 27, 29, 30, 31 and 32.
29. Communications and Notices
29.1 QolorBeam may provide notices by email to the address associated with the Customer Workspace, through the Service, through the Website, through Stripe or through other contact details provided by the Customer.
29.2 The Customer is responsible for keeping contact and billing details current. Notices sent to the Customer's registered email address are deemed received when sent, unless QolorBeam receives an automated delivery failure notice.
29.3 Material changes to these Terms will be communicated to the Customer at least thirty (30) days before they take effect, unless a shorter period is required for legal, security, third-party, operational or urgent reasons.
29.4 Continued use of the Service after a change takes effect constitutes acceptance of the revised Terms. If the Customer does not agree to a material change, it may cancel its subscription before the change takes effect in accordance with Section 13.
30. Governing Law and Dispute Resolution
30.1 These Terms, and any dispute or claim arising out of or in connection with them or the Service, including non-contractual obligations, are governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to conflict-of-law principles.
30.2 The courts of the Republic of Cyprus shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or the Service.
30.3 Nothing in this Section prevents either party from seeking urgent injunctive or equitable relief in any court of competent jurisdiction to protect confidential information, intellectual property, security, data or the integrity of the Service.
31. Force Majeure
31.1 Neither party shall be liable for any failure or delay in the performance of its obligations, other than payment obligations, where such failure or delay results from causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, epidemic, labor dispute, governmental action, sanctions, embargoes, power outage, internet outage, cyberattack, natural disaster, fire, flood, failure of telecommunications, failure of hosting providers, failure or unavailability of Autodesk Construction Cloud, Autodesk Platform Services, Stripe, AI providers, payment processors or other third-party infrastructure or service providers.
31.2 The affected party shall use reasonable efforts to mitigate the effect of a force majeure event and resume performance as soon as reasonably practicable.
32. General Provisions
32.1 Assignment. The Customer may not assign or transfer any rights or obligations under these Terms without QolorBeam's prior written consent. QolorBeam may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, financing, sale of assets, corporate restructuring or transfer of business, or to an affiliate, without the Customer's consent.
32.2 Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
32.3 Entire Agreement. These Terms, together with the documents incorporated by reference, constitute the entire agreement between the Customer and QolorBeam regarding the Service and supersede all prior or contemporaneous agreements, proposals, negotiations, representations or communications, whether written or oral, relating to the same subject matter.
32.4 No Waiver. A failure or delay by QolorBeam to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
32.5 Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, franchise, employment or representative relationship between the parties.
32.6 No Third-Party Beneficiaries. These Terms do not create rights for any third party, except where expressly stated.
32.7 Headings. Section headings are for convenience only and do not affect interpretation.
32.8 Language. These Terms are drafted in English. Any translation is provided for convenience only. In the event of inconsistency, the English version prevails.
33. Contact
33.1 For support requests, please contact QolorBeam at support@qolorbeam.com.
33.2 For privacy-related requests, please contact QolorBeam at privacy@qolorbeam.com.
33.3 For legal notices, unless another address is expressly agreed in writing, please contact Stellamaris Cyprus Ltd at the registered office address below and by email to support@qolorbeam.com with the subject line "Legal Notice".
33.4 Legal entity: Stellamaris Cyprus Ltd, a private company limited by shares incorporated in the Republic of Cyprus under registration number HE 468345.
33.5 Registered office: A.G. Leventi 5, Leventis Gallery Tower, 13th floor, Flat/Office 1301, 1097 Nicosia, Republic of Cyprus.