Terms of Service

1. Acceptance of Terms

By accessing or using NyumbaPro Services, you agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms.

1.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these requirements.

1.2 Modifications to Terms

We may modify these Terms at any time. We will provide notice of changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

Services

The NyumbaPro property management software platform, including all features, tools, and applications provided through our website and mobile applications.

User

Any individual or entity that accesses or uses our Services, including property managers, landlords, agents, and their authorized personnel.

Content

All information, data, text, software, images, and other materials uploaded, submitted, or stored through our Services.

Subscription

The paid access plan selected by the User to access premium features of our Services.

Free Trial

A limited-time free access period to evaluate our Services before purchasing a Subscription.

3. Registration & Account Security

3.1 Account Creation

To access certain features of our Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Notify us immediately of any unauthorized use of your account
• Use your account only for your own business purposes

3.2 Account Responsibilities

You are responsible for all activities that occur under your account. You may not share your account credentials with others. We reserve the right to disable your account if we suspect any violation of these Terms.

4. Subscription & Payments

4.1 Subscription Plans

We offer various subscription plans as detailed on our Pricing page. Each plan includes specific features and limitations.

4.2 Free Trial

We may offer a free trial period. At the end of the trial period, your account will automatically convert to the selected paid subscription unless you cancel before the trial ends.

4.3 Payments and Billing

• Payment Methods: We accept payments through M-Pesa, credit/debit cards, and bank transfers as specified on our payment page.
• Billing Cycle: Subscription fees are billed in advance on a monthly or annual basis.
• Price Changes: We may change subscription fees with 30 days' notice. Price changes will not apply to the current billing period.
• Taxes: All fees are exclusive of taxes. You are responsible for paying all applicable taxes.
• Refunds: Subscription fees are non-refundable except as required by Kenyan law.

4.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date.

5. Acceptable Use

5.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

• In any way that violates any applicable Kenyan or international law
• To engage in any fraudulent or deceptive activities
• To infringe upon the rights of others
• To distribute malware or harmful code
• To interfere with or disrupt the integrity or performance of our Services
• To attempt to gain unauthorized access to our Services or related systems

5.2 Content Standards

You are solely responsible for all Content you upload to our Services. You represent and warrant that:

• You have all necessary rights to the Content
• The Content does not infringe any third-party rights
• The Content complies with all applicable laws
• The Content is accurate and not misleading

5.3 Prohibited Activities

The following activities are strictly prohibited:

• Reverse engineering, decompiling, or disassembling our software
• Using our Services to build a competing product
• Scraping or collecting data from our Services without permission
• Using automated systems to access our Services excessively
• Sharing account credentials or allowing unauthorized access

6. Intellectual Property Rights

6.1 Our Intellectual Property

All rights, title, and interest in and to our Services, including all intellectual property rights, are and will remain our exclusive property. Our Services are protected by copyright, trademark, and other laws of Kenya and foreign countries.

6.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for your internal business purposes during your subscription period.

6.3 Your Content

You retain all rights to your Content. By uploading Content to our Services, you grant us a worldwide, non-exclusive license to use, store, and process your Content solely to provide and improve our Services.

6.4 Feedback

Any feedback, comments, or suggestions you provide regarding our Services may be used by us without any obligation to you.

7. Data Protection & Privacy

7.1 Data Processing

We process personal data in accordance with our Privacy Policy and the Kenyan Data Protection Act, 2019. By using our Services, you consent to such processing.

7.2 Data Security

We implement appropriate technical and organizational measures to protect your data. However, no security system is impenetrable, and we cannot guarantee absolute security.

7.3 Data Backup

We perform regular backups of our systems, but you are responsible for maintaining your own backups of important Content.

8. Termination

8.1 By You

You may cancel your subscription at any time through your account settings. Upon cancellation, your access to premium features will continue until the end of your billing period.

8.2 By Us

We may suspend or terminate your access to our Services immediately if:

• You violate these Terms
• You fail to pay subscription fees when due
• We suspect fraudulent or illegal activity
• Required by law

8.3 Effect of Termination

Upon termination:

• Your right to use our Services immediately ceases
• You must pay all outstanding fees
• We may delete your Content after a reasonable period
• Sections that should survive termination will continue

9. Disclaimer of Warranties & Limitation of Liability

9.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW, IN NO EVENT SHALL NYUMBAPRO BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES EXCEEDING THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM

9.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NYUMBAPRO.

10. Governing Law & Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

10.2 Dispute Resolution

Any disputes arising from these Terms shall be resolved as follows:

1. Negotiation: Parties shall attempt to resolve disputes through good faith negotiation for 30 days
2. Mediation: If negotiation fails, disputes shall be referred to mediation in Nairobi
3. Arbitration: If mediation fails, disputes shall be settled by arbitration in accordance with the Kenyan Arbitration Act

10.3 Jurisdiction

The courts of Kenya shall have exclusive jurisdiction over any disputes not subject to arbitration.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NyumbaPro regarding our Services.

11.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

11.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

11.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

11.5 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control.