Business Terms & Conditions
Please read these terms carefully. They govern your use of the GemColony SaaS platform, Hub marketplace, and all related services.
Last updated: March 25, 2026
These Business Terms & Conditions ("Terms") constitute a legally binding agreement between you and GemColony regarding your use of the GemColony SaaS platform (app.gemcolony.com), the GemColony Hub marketplace (app.gemcolony.com/hub), and all associated services. All payments are processed through PayHere, our licensed payment gateway partner. These Terms apply to all users including subscribers, Hub buyers, Hub sellers, and API integrators.
1. Acceptance of Terms
Binding Agreement
By accessing or using GemColony — including the main SaaS platform (app.gemcolony.com) and the GemColony Hub marketplace (app.gemcolony.com/hub) — you agree to be bound by these Business Terms & Conditions ("Terms"). If you are using the Service on behalf of a business, you represent that you have the legal authority to bind that entity to these Terms, and "you" refers to that entity.
Age Requirement
You must be at least 18 years old and legally capable of entering into binding contracts to use GemColony. By using the Service, you confirm that you meet these requirements.
Additional Terms
These Terms incorporate by reference our Privacy Policy, Refund & Return Policy, and Cookie Policy. In the event of any conflict, these Terms take precedence over other policies unless otherwise specified.
2. Description of Services
GemColony SaaS Platform
The GemColony SaaS platform (app.gemcolony.com) is a cloud-based enterprise resource planning (ERP) system designed for gemstone dealers and businesses. It includes inventory management, sales and invoicing, laboratory management, gemstone certificate generation, accounting tools, AI-powered analysis, multi-user workspaces, and related features.
GemColony Hub Marketplace
The GemColony Hub (app.gemcolony.com/hub) is a B2B gemstone marketplace that enables verified gemstone businesses to list, discover, and transact gemstones and related products. The Hub includes AI-powered natural language search, verified seller profiles, secure payment processing via PayHere, and integrated logistics support.
Service Changes
We reserve the right to modify, update, suspend, or discontinue any part of the Service at any time. For material changes that adversely affect users, we will provide at least 30 days' notice via email or in-app notification. We are not liable for any modification, suspension, or discontinuation of the Service.
Service Availability
We target 99.5% monthly uptime for the GemColony platform, excluding scheduled maintenance windows. Scheduled maintenance will be communicated at least 24 hours in advance. We are not liable for downtime caused by third-party infrastructure failures, force majeure events, or circumstances beyond our reasonable control.
3. Account Registration & Security
Account Creation
To access GemColony, you must create an account by providing accurate, complete, and current information including your legal business name, valid business email address, and contact details. You are responsible for maintaining the accuracy of your account information and must update it promptly if it changes.
Account Security
You are responsible for safeguarding your account credentials, including passwords and two-factor authentication codes. You must notify us immediately at [email protected] of any suspected unauthorized access to your account. We are not liable for any loss or damage arising from unauthorized use of your account credentials.
Multi-Tenant Isolation
Each business account operates in an isolated workspace. You must not attempt to access, view, modify, or interfere with data belonging to other GemColony customers. Any such attempt constitutes a material breach of these Terms and may result in immediate account termination and legal action.
Hub Seller Verification
Sellers on the GemColony Hub marketplace must complete our seller verification process, which may include providing business registration documents, gemological credentials, identity verification, and bank account details for payout processing. GemColony reserves the right to reject or revoke seller verification at its sole discretion.
4. Subscription Plans & Payment
Subscription Plans
GemColony offers subscription plans at Starter, Professional, and Enterprise tiers with different features, user limits, and storage quotas. Plan details and current pricing are available at gemcolony.com/pricing. We reserve the right to change pricing with 30 days' written notice. Price changes take effect at the start of your next billing cycle after the notice period.
Payment Processing via PayHere
All subscription payments, Hub marketplace transactions, and one-time purchases are processed through PayHere, a licensed payment service provider in Sri Lanka. By making a payment, you authorize GemColony and PayHere to charge your designated payment method for the applicable fees. You also agree to PayHere's terms of service and privacy policy. GemColony does not store your raw payment card data.
Billing Cycles
Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan. Your billing date is set on the day you first subscribe. Annual subscriptions are charged in full upfront and provide access for 12 months from the billing date.
Accepted Payment Methods
We accept payments via Visa, Mastercard, and other card types supported by PayHere. Additional local payment methods available through PayHere (including bank transfers and mobile wallets) may be available depending on your location. All amounts are displayed and charged in Sri Lankan Rupees (LKR) or as indicated at checkout.
Taxes
Subscription fees and transaction amounts may be subject to applicable taxes, including VAT or GST, depending on your location. Where required by law, GemColony will charge and remit these taxes. You are responsible for any taxes applicable to your use of the Service that we are not required to collect.
Late Payments & Suspension
If a scheduled payment fails, we will attempt to notify you within 2 business days and retry the charge. Accounts with outstanding balances may be restricted after 7 days and suspended after 14 days of non-payment. Suspended accounts will be terminated after 30 days of non-payment, with data retained for an additional 60 days.
Free Trial
Where offered, free trials are available to new customers only. No payment is required during the trial. At the end of a free trial, your account will be downgraded to a limited free tier or terminated unless you subscribe to a paid plan. Providing payment details during a trial does not result in automatic charges without explicit confirmation.
5. Hub Marketplace Terms
Seller Responsibilities
Sellers on the Hub marketplace must: (a) accurately describe all listings including gemstone type, weight, treatments, origin, and certifications; (b) hold legal title to all items listed for sale; (c) fulfill orders within the agreed timeframe; (d) provide tracking information for all shipped orders; (e) comply with all applicable laws regarding the sale of gemstones, including export/import regulations and conflict mineral laws.
Buyer Responsibilities
Buyers must: (a) provide accurate shipping information; (b) make payment through the GemColony Hub checkout using PayHere; (c) inspect received items promptly and raise disputes within 7 days of receipt; (d) comply with applicable laws regarding the import and ownership of gemstones in their jurisdiction.
Transaction Fees
GemColony charges sellers a transaction fee on each completed Hub marketplace sale. Current fee rates are displayed in your seller dashboard and at app.gemcolony.com/hub/pricing. Fees are deducted from the seller's payout before disbursement. GemColony reserves the right to adjust transaction fee rates with 30 days' notice.
Prohibited Listings
The following items are strictly prohibited on the Hub marketplace: (a) synthetic or lab-created gemstones represented as natural; (b) gemstones with undisclosed treatments that materially affect value; (c) items of illegal origin or that violate conflict mineral regulations; (d) counterfeit certificates or documentation; (e) items the seller does not legally own. Violations will result in immediate listing removal and possible account termination.
Seller Payouts
Seller payouts for completed transactions are processed via PayHere to the seller's designated bank account. Payouts are released after a holding period (displayed in your seller dashboard) to allow for potential buyer disputes. GemColony is not responsible for delays caused by banking institutions or PayHere's payout processes.
Hub Marketplace Disputes
Disputes between buyers and sellers must be raised through the in-platform dispute system within 7 days of delivery or the expected delivery date. GemColony will mediate disputes and issue a binding determination within 10 business days. GemColony's role is limited to mediation; we are not a party to the underlying transaction and are not liable for the actions of buyers or sellers.
6. Refunds & Cancellations
Refund Policy Reference
Refunds for subscriptions, Hub marketplace transactions, and add-ons are governed by our Refund & Return Policy, available at gemcolony.com/refund-policy. The Refund & Return Policy is incorporated into these Terms by reference. In summary: new SaaS subscribers are eligible for a 14-day money-back guarantee; Hub marketplace purchases may be refunded within 7 days where the item does not match its description.
Cancellation
You may cancel your GemColony subscription at any time through your account billing settings or by contacting [email protected]. Cancellation takes effect at the end of the current paid billing period. No partial refunds are issued for the unused portion of a current monthly billing period, unless required by applicable law.
7. Acceptable Use Policy
Permitted Use
You may use GemColony only for lawful business purposes related to the gemstone trade and in accordance with these Terms. You agree to comply with all applicable local, national, and international laws and regulations, including export control laws and anti-money laundering regulations.
Prohibited Activities
You must not: (a) use the Service for any unlawful purpose or in violation of any regulations; (b) attempt unauthorized access to any part of the Service or other users' accounts; (c) transmit viruses, malware, ransomware, or other harmful code; (d) scrape, crawl, or automated data-mine the Service without prior written permission; (e) use the Service to process or facilitate illegal transactions; (f) reverse engineer, decompile, or attempt to extract source code from the Service; (g) use the Service in a way that degrades performance or availability for other users; (h) create false listings, fake reviews, or engage in any form of market manipulation on the Hub.
8. Your Data & Content
Ownership
You retain full ownership of all data and content you input into GemColony, including inventory records, customer data, sales information, gemstone photographs, and any other business data ("Your Content"). GemColony does not claim any ownership rights over Your Content.
License to GemColony
By inputting Your Content into GemColony, you grant us a limited, non-exclusive license to store, process, display, and transmit Your Content solely for the purpose of providing the Service to you and your authorized users.
Hub Listing Content
By creating listings on the Hub marketplace, you grant GemColony a non-exclusive license to display, reproduce, and promote your listing content (including photographs and descriptions) on the Hub marketplace and in GemColony marketing materials for the duration your listing is active.
Data Export
You may export Your Content at any time through the platform's export features. Upon account termination, you have 90 days to export your data before it is permanently and irreversibly deleted.
9. Intellectual Property
GemColony IP
GemColony and its original content, features, functionality, design, brand identity, trademarks, and technology are and will remain the exclusive property of GemColony and its licensors. Nothing in these Terms grants you any right to use GemColony's trademarks, logos, or brand elements without prior written consent.
Feedback
If you provide feedback, suggestions, bug reports, or ideas about the Service, you grant GemColony an irrevocable, perpetual, worldwide, royalty-free license to use, implement, and commercialize such feedback without compensation or attribution to you.
10. Third-Party Services
Integrations & Partners
GemColony integrates with third-party services including PayHere (payment processing), Clerk (authentication), and others. Your use of such third-party services is governed by their respective terms and privacy policies. GemColony is not responsible for the content, availability, security, or practices of third-party services.
PayHere Relationship
PayHere is an independent payment service provider and is not an agent, affiliate, or representative of GemColony. Any disputes regarding payment processing must be addressed with PayHere directly, although GemColony will cooperate in good faith to help resolve payment issues affecting our customers.
11. Disclaimers & Warranties
No Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
Gemological Accuracy
GemColony's AI analysis tools, automated grading suggestions, and data management features are provided as business tools only and do not constitute professional gemological opinions or certifications. For legal, insurance, or high-value transaction purposes, always consult a qualified gemologist or accredited gemological laboratory.
Hub Marketplace Disclaimer
GemColony is a marketplace platform and does not inspect, verify, authenticate, or guarantee the quality, origin, legality, or value of any items listed or sold on the Hub marketplace. Buyers and sellers transact at their own risk, subject to the protections outlined in these Terms.
12. Limitation of Liability
Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GEMCOLONY'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID GEMCOLONY IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) LKR 10,000.
Excluded Damages
IN NO EVENT SHALL GEMCOLONY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION, EVEN IF GEMCOLONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Hub Marketplace Liability
GEMCOLONY IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM TRANSACTIONS BETWEEN HUB MARKETPLACE BUYERS AND SELLERS, INCLUDING DISPUTES OVER ITEM QUALITY, NON-DELIVERY, FRAUD BY MARKETPLACE PARTICIPANTS, OR LOSSES CAUSED BY INACCURATE LISTINGS. OUR LIABILITY IS LIMITED TO THE REFUND PROTECTIONS DESCRIBED IN THESE TERMS.
13. Indemnification
Your Indemnity
You agree to indemnify, defend, and hold harmless GemColony and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, penalties, and expenses (including reasonable legal fees) arising out of: (a) your use of the Service in violation of these Terms; (b) Your Content; (c) your Hub marketplace listings or transactions; (d) your violation of any applicable law; or (e) infringement of any third-party rights.
14. Termination
Termination by You
You may cancel your subscription and terminate your account at any time through your account settings or by contacting [email protected]. Termination takes effect at the end of the current paid billing period for subscriptions. Pending Hub marketplace orders must be fulfilled or cancelled before account termination can be completed.
Termination by GemColony
We may suspend or terminate your account with immediate effect if you: violate these Terms or our Acceptable Use Policy; engage in fraudulent or illegal activity; fail to pay fees after the grace period; pose a security or legal risk to GemColony or other users. Where reasonably possible and not prohibited by law, we will provide advance notice.
Effect of Termination
Upon termination, your right to access the Service ceases immediately. Your data is retained for 90 days post-termination for export, after which it is permanently deleted. Financial records are retained as required by law. Obligations under Sections 8, 9, 12, 13, and 15 survive termination.
15. Governing Law & Dispute Resolution
Governing Law
These Terms are governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka, without regard to conflict of law principles.
Informal Resolution
Before initiating any formal dispute proceedings, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. We will make good-faith efforts to resolve disputes within 30 days of receiving written notice.
Arbitration
If informal resolution fails, disputes shall be submitted to binding arbitration under the Arbitration Act No. 11 of 1995 of Sri Lanka. Arbitration shall be conducted in Colombo, Sri Lanka, in the English language. The arbitral award shall be final and binding. Nothing in this clause prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction.
Consumer Rights
Notwithstanding the above, if you are a consumer (not acting in the course of business), nothing in these Terms limits or excludes your rights under applicable consumer protection laws in your jurisdiction.
16. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy, Refund & Return Policy, and Cookie Policy, constitute the entire agreement between you and GemColony regarding the Service and supersede all prior agreements or understandings.
Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will continue in full force and effect.
Waiver
GemColony's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized GemColony representative.
Assignment
You may not assign or transfer any rights or obligations under these Terms without GemColony's prior written consent. GemColony may assign these Terms in connection with a merger, acquisition, or sale of assets without your consent.
17. Changes to These Terms
Updates
We may update these Business Terms & Conditions from time to time. We will notify you of material changes at least 30 days in advance via email or prominent in-app notification. Your continued use of the Service after the effective date of changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription before the changes take effect.
18. Contact
Legal Inquiries
For questions about these Terms, legal notices, or compliance matters, please contact: Email: [email protected] | General Support: [email protected] | Address: GemColony, Colombo, Sri Lanka. For urgent security matters, contact [email protected].