ESMERALDA SYSTEMS
Website Terms of Service

Effective Date: June 22, 2026  |  Governing Law: Province of Ontario, Canada

These Website Terms of Service (the "Terms") govern your access to and use of esmeraldasystems.com and its related pages, forms, booking flows, and messaging programs (the "Site"). They are separate from the Client Terms of Service and Order Form that govern the Esmeralda Systems platform itself, which paying clients sign separately.

1. Acceptance of These Terms

These Terms form a binding agreement between you and 787 Ventures Inc., carrying on business as "Esmeralda Systems" ("Esmeralda Systems", "we", "us", or "our"). By clicking "I Accept", checking the box provided, submitting a form or booking, or opting in to receive messages from us, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, available at https://esmeraldasystems.com/privacy-policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Site.

2. Modifications to These Terms and the Site

We may revise these Terms from time to time. For material changes, we will provide notice by posting an update notice on the Site at least 30 days before the change takes effect. Your continued use of the Site after a change takes effect constitutes your acceptance of the revised Terms. For non-material changes, such as corrections or clarifications, the updated Terms take effect immediately on posting. We may also update, modify, or discontinue features of the Site from time to time.

3. Eligibility

To use the Site, you must be at least the age of majority in your province, state, or territory of residence, and able to enter into a binding agreement. The Site does not require you to create an account to access its content. Access to the Esmeralda Systems platform itself is provided separately under our Client Terms of Service and Order Form.

4. Intellectual Property Rights and Ownership

The Site and all content, features, and functionality available through it, including all text, graphics, logos, images, software, and the compilation and arrangement thereof (collectively, "Site Content"), are owned by Esmeralda Systems, our licensors, or other providers of such material, and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site and Site Content for your personal or internal business use only. This licence does not include any right to: (a) resell or make commercial use of the Site or Site Content; (b) copy, reproduce, distribute, publicly display, or create derivative works from any Site Content, except as expressly permitted in these Terms; (c) use any data mining, robots, scraping, or similar automated data-gathering methods; or (d) use the Site in any manner that could damage, disable, overburden, or impair it.

Esmeralda Systems, and its related names, logos, and marks are trademarks of 787 Ventures Inc. or its licensors. Nothing in these Terms grants you any right to use those marks without our prior written consent.

5. Prohibited Conduct

You agree not to use the Site to:

• Violate any applicable law or regulation
• Infringe the intellectual property, privacy, or other rights of any person
• Transmit any content that is defamatory, obscene, harassing, threatening, or otherwise objectionable
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Upload, transmit, or introduce any virus, malware, or other harmful code
• Attempt to gain unauthorized access to any part of the Site or any system or network connected to it
• Use any automated means, such as a bot, scraper, or spider, to access the Site without our prior written permission
• Collect or harvest personal information about other users without their consent

6. User Submissions

The Site does not currently permit users to post, upload, or publish content publicly. Information you provide through a form or booking is handled in accordance with our Privacy Policy. If we later enable public posting, uploads, or similar features, we will update these Terms to reflect the applicable content standards and licence terms before enabling that functionality.

7. Site Access, Suspension, and Termination

We may restrict, suspend, or terminate your access to the Site if we reasonably believe you have violated these Terms, engaged in unlawful conduct, or created risk or possible legal exposure for us or another user. Where practical, we will provide notice and an opportunity to address the issue before doing so, except where we reasonably believe immediate action is necessary. We may disclose information about you to law enforcement or a third party where required by law or where we reasonably believe it is necessary to investigate or prevent a violation of these Terms.

8. SMS and Text Messaging Program

Where you provide your mobile number and opt in, you consent to receive SMS/text messages from Esmeralda Systems, which may include appointment reminders, account notifications, service updates, requested information, and, where you have given the required consent, marketing or promotional messages.

• Message frequency varies based on your interactions with us and the services you request.
• Message and data rates may apply according to your mobile carrier's plan.
• You may opt out at any time by replying STOP to any message. After you opt out, you will receive a final confirmation message and no further marketing messages will be sent unless you opt in again.
• For help, reply HELP to any message or contact us at hello@esmeraldasystems.com.

We do not sell, rent, or share your mobile number, SMS opt-in data, or consent records with third parties or affiliates for their own marketing purposes. Full details are in our Privacy Policy.

9. No Reliance on Information

The Site may contain general information for your convenience. This information is provided for general informational purposes only and does not constitute professional, legal, financial, medical, or tax advice. We make no representation or warranty about the accuracy, completeness, or currency of any information on the Site, including information provided by third parties, and you should not rely on it as a substitute for professional advice tailored to your situation.

10. Privacy

Our collection and use of personal information in connection with the Site is described in our Privacy Policy, available at https://esmeraldasystems.com/privacy-policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy. The Site uses cookies and similar technologies to operate and improve the Site; you can control cookies through your browser settings.

11. Third-Party Websites and Links

The Site may contain links to third-party websites or services, and our services rely on third-party technology providers. We are not responsible for the content, privacy practices, or terms of any third party, and including a link does not imply our endorsement. If the Site includes social sharing or third-party login features, your use of those features is subject to the applicable third party's own terms and privacy policy. You access any third-party website or feature at your own risk.

12. Geographic Scope

The Site is intended for use by individuals and businesses located in Canada and the United States. We make no representation that the Site is appropriate, available, or legally accessible for use in other locations. If you access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws to the extent they apply.

13. Disclaimer of Warranties

THE SITE AND ALL SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ESMERALDA SYSTEMS DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY AI-GENERATED CONTENT IS PROVIDED FOR INFORMATION ONLY. YOU USE THE SITE AT YOUR OWN RISK.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ESMERALDA SYSTEMS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100).

Nothing in this Section excludes or limits any liability that cannot be excluded or limited under applicable law, including applicable consumer protection legislation.

15. Indemnification

You agree to indemnify, defend, and hold harmless Esmeralda Systems and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or connected with: (a) your access to or use of the Site; (b) your violation of these Terms; or (c) your violation of any third party's rights. We may assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defence.

16. Governing Law and Choice of Forum

These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You irrevocably attorn to and agree that any dispute will be resolved exclusively in the courts located in Toronto, Ontario, and you waive any objection to jurisdiction or venue in those courts.

17. Waiver

No failure or delay by Esmeralda Systems in exercising any right under these Terms will operate as a waiver of that right, and no waiver of any provision will be effective unless in writing and signed by an authorized representative of Esmeralda Systems.

18. Severability

If any provision of these Terms is found 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.

19. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms posted for specific features of the Site, constitute the entire agreement between you and Esmeralda Systems regarding your use of the Site, and supersede any prior agreements or understandings. Your subscription to the Esmeralda Systems platform is governed separately by your Client Terms of Service and Order Form, which control with respect to those services.

20. Reporting and Contact

If you believe content on the Site infringes your rights, violates these Terms, or you have any other question about these Terms, contact us at legal@esmeraldasystems.com. For general inquiries, contact hello@esmeraldasystems.com or 437-476-7117.

21. Effective Date

These Terms were last updated on June 22, 2026.