Terms and Conditions

1. About Esthrema

Esthrema ("Esthrema," "we," "us," or "our") is a business systems engineering practice currently trading under the name Esthrema from Nairobi, Kenya. Esthrema is not yet incorporated as a separate legal entity; until it is, all rights and obligations described in these Terms are held by its operator. If and when Esthrema is formally registered or incorporated, this section and the governing law clause below will be updated to reflect the registered entity, jurisdiction, and registration number.

Esthrema designs and delivers websites, AI-powered automation systems, CRM workflows, and booking infrastructure for service businesses, and operates internationally on a remote basis.

2. Acceptance of These Terms

By accessing or using esthrema.com (the "Site"), submitting an enquiry, or engaging Esthrema for services, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use the Site or submit information to us.

These Terms govern your use of the Site itself. They do not, on their own, constitute a service agreement. Any paid engagement with Esthrema is governed by a separate proposal, statement of work, or service agreement signed or accepted by both parties (a "Service Agreement"). Where a Service Agreement conflicts with these Terms on matters specific to that engagement, the Service Agreement controls.

3. Eligibility

The Site is intended for business use. By submitting an enquiry or entering a Service Agreement, you confirm that you are at least 18 years old and have the authority to bind the business or organization on whose behalf you are acting, where applicable.

4. Website Use

You agree not to:

• Misuse the Site or interfere with its normal operation, including through malware, scraping at scale, or attempts to bypass security measures;
• Submit false, misleading, abusive, or fraudulent enquiries;
• Use the Site to violate any applicable law or the rights of a third party; or
• Reproduce, resell, or exploit any part of the Site for commercial purposes without our prior written consent.

5. Enquiries & Proposals

Submitting a contact form, booking a call, or receiving a proposal (including interactive or demo proposals) does not create a client relationship, a contract, or a guarantee of availability or pricing. Proposals, demos, and prototypes shared during the sales process are illustrative and non-binding until the parties execute a Service Agreement.

We may contact you using the details you submit, including by email, phone, or WhatsApp, to follow up on your enquiry. See our Privacy Policy for how we handle that information, including for outreach we initiate.

6. Service Engagements

Once a Service Agreement is in place, it will set out project-specific terms such as scope, deliverables, timelines, revisions, and responsibilities. In the absence of specific terms in a Service Agreement, the following defaults apply:

• Timelines are estimates and may shift based on client responsiveness, third-party dependencies (e.g., hosting, domain, CRM access), and scope changes;
• Material changes to agreed scope may be treated as a separate change request subject to additional fees;
• Esthrema may use subcontractors or automated tooling to deliver services, while remaining responsible for the work delivered to you.

7. Fees & Payment

Fees, invoicing schedules, and payment methods are set out per engagement in the applicable proposal or Service Agreement, and are typically handled through invoicing, bank transfer, mobile money, or a third-party CRM/billing tool rather than directly on this Site. Esthrema does not currently process card payments through esthrema.com itself.

Unless otherwise agreed in writing, deliverables, source code, and access credentials for a project are released or transferred upon receipt of payment in full for the applicable milestone or project.

8. Intellectual Property

8.1 The Site

All content on esthrema.com, including copy, layout, design, graphics, and the Esthrema name and logo, is owned by or licensed to Esthrema and may not be copied, reproduced, or reused without permission, except as necessary to view the Site in a standard browser.

8.2 Proposals, Demos & Prototypes

Interactive demos, prototypes, mockups, and proposal materials created for a prospective client remain the property of Esthrema unless and until a Service Agreement expressly assigns them, and may not be reused, redistributed, or implemented independently.

8.3 Client Deliverables

Unless the applicable Service Agreement says otherwise, ownership of custom deliverables built specifically for a client (e.g., a finished website, automation workflow, or booking system) transfers to the client upon full payment. Esthrema retains the right to reuse general methods, components, templates, and know-how developed in the course of an engagement for other clients, provided no client-confidential content or branding is reused.

8.4 Third-Party Components

Deliverables may incorporate third-party software, frameworks, or platforms (e.g., hosting, CRM, or automation tooling) that remain subject to their own licenses and terms, which are not owned or controlled by Esthrema.

9. Your Content & Access Credentials

Where you provide content, business data, or access credentials (e.g., to your CRM, domain registrar, hosting, or booking calendar) for us to build or automate a system, you represent that you have the right to provide it and to grant us the access needed to perform the work. We will use such access only as reasonably necessary to deliver the agreed services.

10. Third-Party Tools & Links

The Site and our deliverables may link to, embed, or rely on third-party tools and services, including hosting, analytics, CRM, calendar, messaging, and automation providers (for example, Vercel, Google Analytics, and GoHighLevel). We are not responsible for the content, availability, security, or practices of third-party websites or services, and your use of them is subject to their own terms.

11. Confidentiality

Each party agrees to keep confidential any non-public business, technical, or client information disclosed by the other party in connection with an enquiry or engagement, and to use it only for the purpose of evaluating or performing the engagement, except where disclosure is required by law.

12. Disclaimer of Warranties

The Site and its content are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or secure. Website copy, layouts, and pricing information may change without notice.

Any warranties applicable to delivered services are limited to those expressly stated in the relevant Service Agreement.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Esthrema will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or business opportunity, arising out of or relating to your use of the Site or a Service Agreement, even if advised of the possibility of such damages.

Where liability cannot be excluded by law, Esthrema's total aggregate liability arising out of or relating to the Site or a given engagement will not exceed the total fees paid by you to Esthrema under the applicable Service Agreement in the six (6) months preceding the event giving rise to the claim.

14. Indemnification

You agree to indemnify and hold Esthrema harmless from claims, damages, or expenses (including reasonable legal fees) arising from your misuse of the Site, your breach of these Terms, or content or data you provide that infringes the rights of a third party or violates applicable law.

15. Suspension & Termination

We may restrict or suspend access to the Site for anyone who violates these Terms. Termination or suspension of an active engagement is governed by the applicable Service Agreement.

16. Governing Law & Disputes

These Terms are governed by the laws of Kenya, without regard to conflict-of-law principles, reflecting Esthrema's current operating base in Nairobi. Because Esthrema serves clients internationally, the parties agree that disputes arising out of a Service Agreement that cannot be resolved informally will first be addressed through good-faith negotiation, and, failing that, through arbitration or mediation as specified in the applicable Service Agreement, before resort to the courts of Kenya.

17. Changes to These Terms

We may update these Terms from time to time to reflect changes to our services or legal requirements. The "Last updated" date above reflects the most recent revision. Continued use of the Site after changes take effect constitutes acceptance of the updated Terms.

18. General Provisions

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force. Our failure to enforce a provision is not a waiver of our right to do so later. These Terms, together with any applicable Service Agreement, constitute the entire agreement between you and Esthrema regarding the Site.

19. Contact

For questions about these Terms, contact info@esthrema.com.