Terms and Conditions

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Table of Contents

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Kompas IT, a property technology company incorporated in Kenya, with its principal office located in Nairobi ("Company", "we", "us", or "our"). These Terms govern your use of our web-based and mobile property management services, collectively referred to as the "Platform".

By registering for, accessing, or using any part of the Platform, you agree to be bound by these Terms, as well as our Privacy Policy and any other legal notices published by us. If you do not accept these Terms, do not use the Platform.

1. Definitions

  • Platform – The website, software, and mobile application operated by the Company for property management.
  • Landlord – A user who lists and manages properties on the Platform.
  • Tenant – A user who rents a property listed on the Platform.
  • Subscription Plan – A paid tier that provides access to premium features.
  • Listing – A property posted for rent, sale, or management on the Platform.
  • User Content – Any text, image, data, or file uploaded by a user.

2. Eligibility

You must:

  • Be at least 18 years old.
  • Be legally capable of entering into a binding agreement.
  • Provide accurate, current, and complete registration details.
  • Not have been previously suspended or removed from the Platform.

Use of the Platform is restricted to users within Kenya or those managing properties in Kenya unless otherwise approved.

3. Services Offered

We offer the following core services via the Platform:

  • Property listing and advertisement
  • Rental application processing
  • Lease management
  • Digital document signing
  • Online rent payment collection
  • Maintenance and service request tracking
  • Tenant communication tools
  • Reporting and analytics
  • SMS/email notifications
  • Tiered subscription access (see Section 7)

4. User Responsibilities

4.1 Landlords/Property Managers

  • Ensure the accuracy of listings (photos, descriptions, pricing).
  • Adhere to the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Rent Restriction Act, and any other relevant Kenyan laws.
  • Maintain properties in habitable condition.
  • Process tenant applications fairly and without discrimination.
  • Promptly address maintenance and service requests.

4.2 Tenants

  • Submit truthful applications.
  • Pay rent and other charges as per agreed timelines.
  • Maintain cleanliness and avoid property damage.
  • Use the maintenance reporting system responsibly.

5. Subscriptions

5.1 Overview

The Platform offers various subscription plans (e.g., Basic, Standard, Premium) which may include:

  • Number of active listings
  • Access to analytics, reports, and integrations
  • Enhanced tenant screening
  • Branded property pages
  • Priority support

5.2 Billing and Payment

  • Subscription fees are billed monthly or annually, in Kenyan Shillings (KES).
  • You must provide a valid payment method through our authorized payment processors.
  • Subscriptions auto-renew unless canceled before the end of the billing period.
  • You authorize us to charge your selected payment method for recurring fees.

5.3 Free Trials

Some subscriptions may include a free trial. At the end of the trial period, you will be automatically enrolled in a paid plan unless you cancel.

5.4 Refunds and Cancellations

  • No refunds will be issued for partial months or unused features.
  • You may cancel your subscription anytime via your dashboard. Your subscription will remain active until the end of the billing cycle.

5.5 Changes to Plans

We reserve the right to modify or discontinue any plan. You will be notified of changes at least 14 days before they take effect.

6. Payments (Rent, Utilities, Deposits)

  • All rental transactions occur between Landlord and Tenant; we are not a party to the lease agreement.
  • Payments are facilitated via third-party processors (e.g., mobile money, bank transfer).
  • We are not responsible for delays, chargebacks, or reversals caused by payment providers.

7. Content and Intellectual Property

  • You retain rights to content you upload but grant us a non-exclusive, royalty-free license to use, host, and display it for operational purposes.
  • All Platform code, design, trademarks, and intellectual property remain the exclusive property of Kompas IT.

8. Termination and Suspension

We may suspend or terminate your access:

  • For violations of these Terms;
  • If we detect fraud or unauthorized activity;
  • If legally required to do so.

You may terminate your account at any time. Upon termination:

  • All listings and account data may be permanently deleted.
  • Outstanding subscription fees or rent payments remain due.

9. Data Protection

We comply with the Data Protection Act, 2019 (Kenya). Your data will be:

  • Collected and processed only for purposes outlined in our Privacy Policy.
  • Shared only with service providers and regulatory authorities as required.
  • Stored securely using encryption and access controls.

10. Disclaimers

  • We do not guarantee the accuracy, availability, or performance of third-party services (e.g., payment gateways, background checks).
  • We do not guarantee that any rental application or property deal will be successful.
  • You are responsible for ensuring your compliance with all local housing, tax, and employment regulations.

11. Limitation of Liability

To the fullest extent permitted by law:

  • We are not liable for indirect, incidental, special, punitive, or consequential damages.
  • Our total liability in any matter is limited to the subscription fee paid in the last 3 months.

12. Indemnity

You agree to indemnify and hold harmless Kompas IT, its affiliates, employees, and partners from any claims, losses, damages, or legal fees resulting from:

  • Your use of the Platform;
  • Violations of these Terms;
  • Breaches of lease agreements facilitated through the Platform.

13. Governing Law and Dispute Resolution

  • These Terms shall be governed by and construed in accordance with the laws of Kenya.
  • Any dispute shall be submitted to the courts of competent jurisdiction in Nairobi, unless resolved through arbitration or mediation as agreed by both parties.

14. Amendments

We may revise these Terms from time to time. We will notify users of material changes via:

  • Email notifications;
  • Prominent notice on the Platform.

By continuing to use the Platform after changes become effective, you accept the revised Terms.