AGREEMENT TO OUR LEGAL TERMS

We are Ekstia Creations Inc. (“Company,” “we,” “us,” “our”), a company incorporated in the Province of Alberta, Canada. We operate the website http://www.ekstia.com (the “Site”), as well as any other related products and services that refer or link to these terms (collectively, the “Services”).

These Terms of Use constitute a legally binding agreement made between you (“you”) and Ekstia Creations Inc. concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Services are intended strictly for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

TABLE OF CONTENTS

1. OUR SERVICES & PORTAL USE
2. INTELLECTUAL PROPERTY & CAD RIGHTS
3. USER REPRESENTATIONS & ACCOUNTS
4. BESPOKE SERVICES & DESIGN VARIANCE
5. MILESTONE PURCHASES AND PAYMENT ARCHITECTURE
6. CUSTOM RETURN & SCRAPPING POLICY
7. PROHIBITED ACTIVITIES
8. TERM AND TERMINATION
9. GOVERNING LAW
10. DISPUTE RESOLUTION
11. LIMITATIONS OF LIABILITY
12. ELECTRONIC COMMUNICATIONS & SIGNATURES
13. CONTACT US

1. OUR SERVICES & PORTAL USE

The information and services provided on this Site are designed exclusively for clients seeking bespoke custom jewelry coordination. Individuals choosing to access the Services do so on their own initiative and are solely responsible for compliance with local provincial and federal laws.

2. INTELLECTUAL PROPERTY & CAD RIGHTS

We are the sole owner or licensee of all intellectual property rights in our Services, including all source code, website designs, text, photographs, graphics, logos, and branding elements on the Site (collectively, the “Content”).

• Bespoke CAD Ownership: Crucially, all three-dimensional computer-aided design (3D CAD) models, digital renderings, technical matrices, and conceptual design data generated by our studio during your milestone process remain the exclusive intellectual property of Ekstia Creations Inc. Paying a Design Deposit grants you a license to review the design, but does not transfer intellectual property ownership of the underlying structural file.
• Permitted Use: You are granted a limited, non-exclusive, revocable license to access the Site and download or print a copy of your private design renderings strictly for personal, non-commercial review. No component of our designs, sketches, or website layout may be copied, reproduced, republished, or exploited for any commercial purpose or external manufacturing replication without our express written consent.

3. USER REPRESENTATIONS & ACCOUNTS

To utilize our custom jewelry development pipeline, you may register a secure account profile on our Site. While you are welcome to establish an account at any point, registration typically occurs after your initial custom consultation once you elect to officially move forward into the design phase. By establishing an account, you represent and warrant that: (1) all registration and profiling information you submit is completely true, accurate, and current; (2) you will maintain the accuracy of this data; (3) you have the legal capacity to enter a binding agreement; and (4) you will protect your private login details, accepting full responsibility for all activities occurring under your secure account portal.

4. BESPOKE SERVICES & DESIGN VARIANCE

Our Create portal page functions strictly as an intake channel to initiate your personalized desing consultation. Because we operate a specialized custom design pipeline rather than a mass pre-made retail inventory, we make every effort to display the dimensions, gem specifications, and details of your jewelry piece as accurately as possible via 3D CAD modeling software. However, you acknowledge that:

• Digital displays vary, and on-screen color saturation or scale may differ slightly from physical precious metals and gemstones.
• A minor physical variance of up to +/- 0.15mm is an industry-standard technical reality in hand-assembled, hand-polished fine jewelry casting and setting. Your physical piece will be meticulously verified against the structural parameters of your final approved CAD drawing prior to final client delivery.

5. MILESTONE PURCHASES AND PAYMENT ARCHITECTURE

All financial arrangements for our custom fabrication services are strictly executed in Canadian Dollars (CAD) and are governed by a mandatory three-step milestone gate system:

• Milestone 1: The Design Deposit. A payment of $100 CAD is required to initiate structural CAD labor. This deposit is non-refundable once design drafting begins, but it functions entirely as an advance credit applied toward your final production invoice.
• Milestone 2: The Production Deposit. A payment of 50% of the total quoted project value is required to lock your design and initiate physical factory manufacturing. Once this deposit is cleared, your technical design specifications are permanently locked and cannot be altered, canceled, or refunded.
• Milestone 3: The Final Balance. The remaining outstanding balance must be paid in full immediately upon your review and approval of high-resolution photo and video documentation of the finished piece, prior to secure transit and final client delivery.

We accept major credit cards (Visa, MasterCard, American Express) via our secure web integration, alongside digital bank transfers and Interac e-Transfers. We reserve the right to refuse or cancel any custom design inquiry at our sole discretion.

6. CUSTOM RETURN & SCRAPPING POLICY

Under Canadian consumer law, bespoke, made-to-order commodities are legally distinct from mass retail goods. Because every piece is custom-fabricated to your precise individual specifications, all custom orders are strict final sales and entirely ineligible for returns, cancellations, refunds, or exchanges once the Production Deposit is cleared.

• Manufacturing Quality Defect: In the exceptionally rare event that a verifiable manufacturing defect (such as structural casting cracking or assembly error) passes our rigorous quality inspection, we will fully prioritize and execute a structural repair or remake at zero cost to you.
• Subjective Style Disputes & Limited Exceptions: If the finished jewelry piece accurately matches your final approved CAD drawing but fails to meet your subjective personal aesthetic expectations or shifts in lifestyle circumstances (e.g., buyer’s remorse, changed mind, or proposal alterations), no cash refunds will be issued. In isolated scenarios where management explicitly authorizes a structural exception out of studio goodwill, the return will be subject to a 50% restocking and material scrapping fee. This fee is strictly enforced to cover the non-recoverable costs of international transit, customs import tariffs, non-reusable factory casting labor, stone unsetting labor, and precious metal refining deficits. Any remaining balance will be issued strictly as a studio design credit.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than your intentional custom jewelry pipeline. As a user of this Site, you explicitly agree not to:

• Copy, scrape, or reverse-engineer our proprietary custom intake structures, milestone descriptions, or technical layout configurations to compete with our enterprise.
• Interfere with the secure socket layer (SSL) parameters, payment gateways, or authentication infrastructure of our client portals.
• Provide false, deceptive, or intentionally fraudulent details, design specs, or unauthorized credit profiles within the intake system.

8. TERM AND TERMINATION

These Legal Terms remain in full force and effect while you navigate the Site or maintain an active project profile within our network. We reserve the absolute right, in our sole discretion and without liability, to terminate or suspend your portal account or deny access to the website to any individual for any reason, including the breach of any covenant or payment timeline outlined in these terms.

9. GOVERNING LAW

These Legal Terms, your custom project agreements, and any separate transactional interactions whereby we provide you services shall be governed by, construed, and enforced exclusively in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein.

10. DISPUTE RESOLUTION

• Informal Negotiations: To expedite resolution and control costs, both parties agree to first attempt to negotiate any claim or controversy informally for at least thirty (30) days before initiating any formal court proceedings. Informal timelines commence upon direct written notification via email.
• Exclusive Jurisdiction: If a dispute cannot be resolved through informal negotiations, both parties explicitly agree to submit the matter to the exclusive personal jurisdiction of the provincial and federal courts located in Edmonton, Alberta, Canada, completely waiving any objection to inconvenient venue or jurisdiction in other regions.

11. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL EKSTIA CREATIONS INC., ITS DIRECTORS, OR ITS OPERATIONAL PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES—INCLUDING CONSEQUENTIAL TRAVEL LOSSES, LOST PROFITS, OR TRANSACTION DELAYS ARISING OUT OF CUSTOM MANUFACTURING TIMELINES—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH RISKS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF LEGAL ACTION, WILL AT ALL TIMES BE STRICTLY CAPPED AND LIMITED TO THE EXACT AMOUNT OF FEES ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC CUSTOM ORDER GIVING RISE TO LIABILITY.

12. ELECTRONIC COMMUNICATIONS & SIGNATURES

Visiting the Site, submitting our custom intake forms, communicating via portal dashboards, and clearing digital invoices constitute electronic interactions. You explicitly agree that all digital contracts, design sign-off checkboxes, milestone authorizations, and transaction records executed electronically within our network completely satisfy any legal requirement that such communications be in writing.

13. CONTACT US

To resolve an administrative issue, update your profile data, or receive clarity regarding your project workflow, please reach out to us at

For Active Custom Design Portals & Intake Forms: create@ekstia.com

For General Privacy & Corporate Terms: info@ekstia.com