Last updated: 5 August 2026
These Terms are provided for operational use by PulseProperties and are intended to be commercially fair while protecting the Provider from undue liability. They do not constitute legal advice and should be reviewed by your Kenyan advocate before you rely on them as final, binding legal documentation for your organisation.
1.1. These Terms of Service (“Terms”) form a binding agreement between PulseProperties, a technology company providing software-as-a-service tools to the rental housing sector in Kenya (“Provider”, “we”, “us”, “our”), and the person or organisation that registers for, accesses, or uses PropertyOS (“Platform” or “Service”), referred to as “you”, “your”, or “Customer”.
1.2. Definitions. In these Terms, unless the context requires otherwise:
(a) “Account” means any user account, whether an Agency, Landlord, Staff, Managed Landlord Client, or Tenant Portal account, created on the Platform.
(b) “Customer Content” or “Customer Data” means all data, records, documents, images, and information that Customer or its users upload, input, or generate using the Service, including but not limited to property, unit, tenant, lease, invoice, payment, communication, payroll, and tax-related records.
(c) “Tenant Personal Data” means personal data relating to tenants, prospective tenants, landlords, occupants, guarantors, or other individuals that Customer uploads or causes to be uploaded to the Service.
(d) “RentHub” means the rental listings marketplace feature of the Service through which Customer may publish vacancy listings to prospective tenants.
(e) “Subscription Plan” means the pricing plan and associated features selected by Customer, as displayed on the Platform or agreed in a separate order form.
(f) “Third-Party Services” means services provided by parties other than Provider that integrate with or are accessible through the Service, including mobile money, banking, SMS, email, and WhatsApp providers.
(g) “DPA” means the Data Protection Act, 2019 (Kenya) and any subsidiary regulations made under it, including the Data Protection (General) Regulations, 2021.
(h) “ODPC” means the Office of the Data Protection Commissioner of Kenya.
1.3. Acceptance. By ticking the acceptance checkbox during registration (a "clickwrap" acceptance), creating an Account, or by accessing or continuing to use the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy & Data Protection Policy, which is incorporated into these Terms by reference. If you do not agree, you must not register for, access, or use the Service.
1.4. If there is any conflict between these Terms and a separately signed written agreement or order form between Customer and Provider, the signed agreement prevails to the extent of the conflict.
2.1. You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract under the laws of Kenya.
2.2. If you are registering on behalf of a company, partnership, sole proprietorship, or other organisation (an “Organisation”), you represent and warrant that you are duly authorised to act on behalf of, and to bind, that Organisation to these Terms, and that “Customer” in these Terms refers to that Organisation.
2.3. You must provide true, current, and complete information during registration and keep it updated. Provider is entitled to rely on the information you provide without independent verification.
3.1. PropertyOS is a property and rental portfolio management software platform. It provides tools that may include, without limitation: property, unit, and lease management; tenant records and communication; invoicing and billing workflows; a user interface that facilitates and reconciles payments made through Third-Party Services (including M-Pesa and bank transfers); automated SMS, email, and WhatsApp notifications; the RentHub rental listings marketplace; financial and operational reports; payroll administration tools for Customer's own staff; and tools that assist with tracking VAT, withholding tax, and other Kenya Revenue Authority (“KRA”) related obligations.
3.2. The Service is software only. Provider does not manage Customer's properties, does not hold, custody, or control funds on Customer's behalf, is not a bank, is not a licensed payment service provider, is not a licensed payroll bureau, is not a tax agent or eTIMS-compliant invoicing intermediary, and does not act as Customer's advocate, accountant, tax adviser, or estate agent. Any figures, calculations, reports, or reminders generated by the Service are provided for Customer's convenience only and do not substitute for professional advice or statutory filings made directly by Customer with the relevant authority or institution.
3.3. Provider may add, modify, deprecate, or remove features of the Service from time to time, in its reasonable discretion, provided that Provider will use reasonable efforts to avoid materially degrading core functionality that Customer relies upon without reasonable notice.
4.1. The Service supports multiple categories of Accounts, each with different scopes of access and responsibility:
(a) Agency Accounts — used by property management agencies managing portfolios on behalf of one or more landlord clients.
(b) Landlord Accounts — used by individual property owners or landlord organisations managing their own portfolios directly.
(c) Staff Accounts — sub-accounts created by an Agency or Landlord for employees, caretakers, or contractors, with permissions assigned by the primary Account holder.
(d) Managed Landlord Client Accounts — accounts representing landlords whose properties are managed by an Agency on the Platform, where the Agency inputs or has visibility into that landlord's data.
(e) Tenant Portal Accounts — limited-access accounts for tenants to view invoices, make payments, raise maintenance tickets, or communicate with their landlord or Agency.
4.2. Customer is solely responsible for the actions of all Staff Accounts, Managed Landlord Client Accounts under its portfolio, and any users it invites to the Service, and for ensuring such users comply with these Terms.
5.1. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account, whether or not authorised by you, except to the extent caused solely by Provider's gross negligence.
5.2. You must notify Provider promptly at hello@propertyos.test if you become aware of any unauthorised use of your Account or any other breach of security.
5.3. Provider may require multi-factor authentication or other security measures for certain Account types or actions, and may suspend an Account where it reasonably suspects compromise, fraud, or abuse, pending investigation.
6.1. Customer is solely responsible for the accuracy, completeness, legality, and appropriateness of all Customer Content it uploads, including property details, lease terms, invoice amounts, tenant information, payroll figures, and tax-related entries.
6.2. Provider has no obligation to verify Customer Content and is not responsible for losses arising from inaccurate, outdated, incomplete, or unlawfully obtained data entered by Customer or its users.
6.3. Customer is responsible for reconciling amounts shown on the Platform against actual bank, mobile money, or statutory records before relying on them for legal, financial, or regulatory purposes.
7.1. The parties acknowledge that, in relation to Tenant Personal Data and other personal data of third parties (such as landlords, occupants, guarantors, and prospective tenants) that Customer uploads to or processes through the Service, Customer is the Data Controller and Provider acts as a Data Processor, each as defined under the Data Protection Act, 2019.
7.2. As Data Controller for such data, Customer determines the purposes and means of processing that data (for example, deciding to store a tenant's national ID copy, or to send a rent reminder by SMS), and bears primary legal responsibility for compliance with the DPA in respect of that data, including obtaining any necessary consents and notices to data subjects.
7.3. Provider, as Data Processor, will process such data only on Customer's instructions (as reflected in Customer's configuration and use of the Service), will implement appropriate technical and organisational security measures, and will assist Customer, on reasonable request and at Customer's cost where extensive assistance is required, to comply with Customer's obligations under the DPA in relation to that data (including data subject requests and breach notifications), to the extent Provider is able to do so through the Service.
7.4. In relation to Customer's own Account and billing data (such as Customer's organisation details, the names, emails, and phone numbers of Customer's registered users, and subscription/payment records with Provider), Provider acts as Data Controller, as described further in our Privacy & Data Protection Policy.
8.1. Customer represents and warrants that, before uploading or causing the Service to process any Tenant Personal Data, it has a valid lawful basis to do so under the DPA (such as a lease contract, legitimate interest, statutory obligation, or the data subject's consent), and that it has given any privacy notices required by law to the relevant data subjects.
8.2. Customer represents and warrants that it has obtained any consent required by applicable law before instructing the Service to send SMS, WhatsApp, or email communications to tenants, landlords, or other individuals, and that such communications comply with applicable Kenyan law, including any rules on unsolicited electronic communications.
8.3. Customer will indemnify Provider against any claim, loss, fine, or regulatory action arising from Customer's failure to have such lawful basis or consent, as further described in Section 36 (Indemnification by Customer).
9.1. The Service allows Customer to send automated or manually triggered SMS, WhatsApp, and email messages to tenants and other contacts (for example, rent reminders, receipts, and maintenance updates) using Customer's own message content and Provider's or Provider's third-party messaging infrastructure.
9.2. Customer is solely responsible for the content of messages it sends, for ensuring recipients have not opted out, and for compliance with any applicable telecommunications, consumer protection, or data protection rules governing such messages. Provider is not responsible for the deliverability, delay, or content moderation of messages sent through Third-Party Services such as Africa's Talking or WhatsApp Business/Meta.
10.1. You agree to use the Service only for lawful purposes connected with rental housing and property management, and in accordance with these Terms.
10.2. You must not use the Service in a manner that infringes the rights of Provider, other Customers, tenants, or any third party.
You must not, and must not permit any user under your Account to:
(a) use the Service to commit or facilitate fraud, misrepresentation, or deceptive practices against tenants, landlords, or third parties;
(b) harass, threaten, defame, or unlawfully discriminate against any tenant, prospective tenant, or other individual;
(c) publish or list properties that do not exist, are materially misrepresented, or that you do not have the right to list or lease;
(d) scrape, crawl, harvest, or extract data from the Service (including RentHub listings) using automated means without Provider's prior written consent;
(e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying structure, or algorithms of the Service, except to the extent such restriction is prohibited by applicable law;
(f) probe, scan, or test the vulnerability of the Service or attempt to breach any security or authentication measures without authorisation;
(g) transmit spam, unsolicited bulk messages, malware, or any code of a destructive nature through the Service;
(h) resell, sublicense, or provide the Service to third parties as a bureau or managed service without Provider's prior written consent, other than an Agency's ordinary use of the Service to manage its own landlord clients' portfolios as contemplated by these Terms;
(i) use the Service to process personal data unlawfully, including data obtained without a lawful basis, or special/sensitive categories of data beyond what is reasonably necessary for property management purposes;
(j) circumvent or attempt to circumvent any usage limits, fees, or access restrictions applicable to your Subscription Plan;
(k) use the Service in any way that violates the Computer Misuse and Cybercrimes Act, 2018 (Kenya), the DPA, the Consumer Protection Act, 2012, or any other applicable Kenyan law.
11.2. Provider reserves the right to investigate suspected violations and to suspend or terminate Accounts involved, without liability to Provider, in accordance with Section 39 (Suspension and Termination).
12.1. The Service, including any in-app guidance, tooltips, sample clauses, or generated documents (such as lease templates or payslips), does not constitute legal, tax, accounting, or financial advice, and is not a substitute for consultation with a qualified advocate, tax adviser, or accountant licensed in Kenya.
12.2. Any VAT, withholding tax, PAYE, NSSF, or NHIF/SHIF calculators, trackers, or reports available on the Service are provided as convenience tools based on rates and bands configured within the Service, which may not always reflect the most current statutory rates. They are not a filing mechanism, are not integrated with KRA's eTIMS or iTax systems, and do not constitute submission of any return or remittance to KRA, NSSF, or SHIF. Customer remains solely responsible for verifying applicable rates and for making all statutory filings and remittances directly with the relevant authority.
13.1. Payroll features assist Customer in computing indicative gross-to-net pay for Customer's own staff based on inputs and rate configurations Customer controls or accepts. Provider is not a payroll bureau, is not licensed to process statutory payroll remittances, and does not submit payroll deductions to NSSF, SHIF, KRA, or any other body on Customer's behalf.
13.2. Customer is solely responsible for verifying payroll calculations, complying with the Employment Act, 2007, and remitting statutory deductions directly to the relevant bodies.
14.1. The Service provides a user interface that helps Customer record, track, and reconcile rent and other payments, including payments made by tenants through mobile money (such as M-Pesa) or bank transfer to accounts controlled by Customer or Customer's chosen payment provider.
14.2. Provider is not a bank, deposit-taking institution, or licensed payment service provider under the National Payment System Act, 2011, or any other applicable law. Provider does not hold, custody, transmit, or have control over tenant or landlord funds at any point. All actual movement of money occurs directly between the payer, the relevant mobile network operator or bank, and the recipient's own M-Pesa till/paybill, bank account, or other payment instrument.
14.3. Where the Service integrates with Safaricom M-Pesa, other mobile money services, or banking APIs, such integrations are provided by independent Third-Party Services. Provider is not responsible for network outages, transaction failures, delayed settlement, reversed transactions, incorrect account numbers entered by payers, or any other issue arising from those Third-Party Services.
14.4. Automated payment matching and reconciliation features rely on data provided by Third-Party Services and Customer's own configuration (such as till/paybill numbers and reference formats). Provider does not guarantee that every payment will be automatically matched to the correct invoice or tenant, and Customer should periodically review unmatched or exception transactions.
15.1. Access to paid features of the Service requires an active Subscription Plan. Fees are as displayed on the Platform's pricing page or as agreed in a separate order form, exclusive of applicable taxes unless stated otherwise.
15.2. Provider may offer a free trial period for new Accounts. At the end of the trial, continued access to paid features requires selection and payment of a Subscription Plan. Provider may modify or discontinue trial offers at any time.
15.3. Unless otherwise agreed in writing, Subscription Plans renew automatically for successive periods of the same duration as the initial term, at then-current pricing, until cancelled by Customer in accordance with these Terms or the Platform's cancellation process.
15.4. Provider may change Subscription pricing prospectively, with reasonable prior notice to Customer before the next renewal takes effect.
16.1. If fees are not paid when due, Provider may, after reasonable notice, suspend or restrict access to paid features until outstanding amounts are settled, without releasing Customer from its obligation to pay accrued fees.
16.2. Except as expressly stated in an order form or as required by applicable consumer protection law, fees already paid are non-refundable, including in cases of voluntary cancellation, downgrade, or suspension for breach of these Terms. Provider may, at its sole discretion, issue partial or full refunds or credits in exceptional circumstances.
Fees are exclusive of value-added tax (VAT) and any other applicable taxes or levies, which Customer is responsible for in addition to the stated fees, except where Provider is required by law to collect and remit such taxes itself, in which case they will be reflected on Customer's invoice.
18.1. The Service may integrate with or link to Third-Party Services, including mobile network operators, banks, SMS aggregators (such as Africa's Talking), WhatsApp Business/Meta, email delivery providers, cloud hosting providers, and analytics tools.
18.2. Provider does not control and is not responsible for the availability, security, accuracy, or content of Third-Party Services. Your use of any Third-Party Service is subject to that provider's own terms and privacy policy, and any dealings between you and a Third-Party Service provider are solely between you and that provider.
19.1. RentHub allows Customer to publish vacancy listings for viewing by prospective tenants. Provider acts solely as a technology platform connecting listers and prospective tenants and is not a party to, broker of, or guarantor of any tenancy arrangement resulting from a RentHub listing.
19.2. Provider does not inspect, verify, or endorse any property listed on RentHub, and makes no representation as to the condition, legality, availability, or suitability of any listed property.
20.1. Customer warrants that it has the legal right to list each property it publishes on RentHub, and that listing details (including price, location, amenities, and photographs) are accurate, current, and not misleading.
20.2. Provider may remove, suspend, or edit any listing that it reasonably believes is inaccurate, fraudulent, duplicated, or in violation of these Terms, without prior notice.
Consistent with the principle of equality and freedom from discrimination under Article 27 of the Constitution of Kenya, 2010, Customer must not publish listings or engage with prospective tenants on RentHub in a manner that unlawfully discriminates on the basis of ethnicity, sex, pregnancy, marital status, health status (including HIV status), disability, religion, conscience, belief, culture, dress, language, or birth. Provider may remove listings or restrict Accounts that it reasonably believes violate this Section.
22.1. Provider may facilitate the transmission of leads (enquiries) from prospective tenants to Customer, but does not guarantee the accuracy of contact details provided by prospective tenants, the outcome of any viewing, or that any lead will result in a completed tenancy.
22.2. Customer is solely responsible for its own safety precautions, verification of prospective tenants, and conduct during property viewings, negotiations, and tenancy formation arising from RentHub. Provider is not liable for any loss, injury, or dispute arising from in-person interactions facilitated through RentHub leads.
23.1. Where an Agency manages one or more landlords' properties on the Platform, the Agency represents and warrants that it has valid authority (whether under a management agreement or applicable law) from each landlord to input, view, and process that landlord's property, tenant, and financial data on the Platform.
23.2. Provider is not a party to, and has no visibility into, the terms of the management agreement between an Agency and its landlord clients, and is not responsible for disputes between an Agency and a landlord regarding fees, authority, reporting accuracy, or termination of that relationship.
23.3. Agencies are responsible for ensuring appropriate access controls so that Managed Landlord Client users only see data relevant to their own properties.
24.1. Tenant Portal Accounts are granted a limited, non-exclusive, non-transferable licence to access the portal solely to view their own lease, invoice, payment, and ticket information, and to communicate with their landlord or Agency.
24.2. A tenant using the Tenant Portal acquires no ownership interest in, and no right to access, any landlord or Agency data beyond what is expressly displayed to that tenant within the portal. Tenant Portal access may be modified, restricted, or terminated by the relevant Landlord or Agency Account, or by Provider, including on termination of the underlying tenancy.
25.1. The Service, including its software, source code, user interface, design, workflows, trademarks, logos, and documentation (“Platform IP”), is and remains the exclusive property of Provider and its licensors. These Terms do not transfer any ownership of Platform IP to Customer.
25.2. Subject to your compliance with these Terms and payment of applicable fees, Provider grants Customer a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during the term of your Subscription, solely for Customer's internal property management purposes.
25.3. As between Customer and Provider, Customer retains ownership of Customer Content. Customer grants Provider a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, and process Customer Content solely as necessary to provide, maintain, secure, and improve the Service, and to produce anonymised or aggregated statistics that do not identify Customer or any data subject.
If you provide Provider with suggestions, ideas, or feedback about the Service, Provider may use such feedback without restriction or obligation to compensate you, provided Provider does not disclose that the feedback came from you without your consent.
27.1. Each party agrees to protect the other party's confidential information disclosed in connection with the Service using at least the same degree of care it uses for its own confidential information of similar nature, and not less than reasonable care.
27.2. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party without an obligation of confidentiality, or is required to be disclosed by law, regulation, or valid court or regulatory order, provided reasonable notice is given where legally permitted.
28.1. Provider implements reasonable technical and organisational security measures designed to protect the Service and Customer Data, including access controls, encryption of data in transit, and logical separation of data between Customer organisations.
28.2. Security is a shared responsibility. Customer is responsible for maintaining the confidentiality of Account credentials, configuring appropriate user roles and permissions within its Account, promptly deactivating former staff users, and using the Service on secure devices and networks.
29.1. The Service is provided on an “as available” basis. Except where Provider has entered into a separate written service level agreement with Customer specifying uptime commitments, Provider does not guarantee uninterrupted, error-free, or continuously available access to the Service.
29.2. Provider may perform scheduled or emergency maintenance that temporarily affects availability, and will use reasonable efforts to minimise disruption and to give advance notice of planned maintenance where practicable.
30.1. Provider maintains reasonable backup procedures for the Service's databases as part of its general operations. However, Provider does not guarantee that Customer Data will never be lost, corrupted, or become unavailable, whether due to technical failure, Customer error, or events described in Section 37 (Force Majeure).
30.2. Customer is encouraged to periodically export and independently retain copies of critical Customer Data (such as financial reports) using the Service's export features. Provider's liability for data loss is subject to the limitation of liability in Section 35.
To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Provider does not warrant that the Service will meet Customer's specific requirements, that calculations or reports will be free of error, or that defects will be corrected, save to the extent such warranties cannot lawfully be excluded, including any non-excludable protections available to Customer under the Consumer Protection Act, 2012.
32.1. Customer agrees to indemnify, defend, and hold harmless Provider, its officers, employees, and agents from and against any claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
(a) Customer's or its users' breach of these Terms or applicable law, including the DPA and the Computer Misuse and Cybercrimes Act, 2018;
(b) claims by tenants, landlords, or other third parties arising from Customer's use of the Service, including disputes over rent calculations, eviction or termination notices, deposit refunds, lease terms, or property condition;
(c) claims arising from SMS, WhatsApp, or email messages sent by or on behalf of Customer through the Service, including claims of harassment, defamation, or breach of privacy;
(d) claims arising from inaccurate, unlawfully obtained, or unlawfully processed Tenant Personal Data uploaded by Customer;
(e) claims arising from errors, omissions, or reliance on payroll, VAT, withholding tax, or other statutory calculations generated by the Service; and
(f) any RentHub listing published by Customer or resulting dealings between Customer and prospective tenants.
32.2. Provider will give Customer prompt notice of any such claim and reasonable cooperation, at Customer's expense, in the defence or settlement of the claim.
33.1. Nothing in these Terms excludes or limits Provider's liability for death or personal injury caused by Provider's negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited under Kenyan law, including mandatory protections under the Consumer Protection Act, 2012.
33.2. Subject to Section 33.1, to the maximum extent permitted by applicable law, Provider's total aggregate liability to Customer arising out of or relating to these Terms or the Service, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees actually paid by Customer to Provider in the twelve (12) months immediately preceding the event giving rise to the claim.
33.3. Subject to Section 33.1, in no event will Provider be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunity, goodwill, or data, even if Provider has been advised of the possibility of such damages.
33.4. The limitations in this Section reflect a fair allocation of risk between the parties given the subscription fees charged for the Service, and are a fundamental basis of the bargain between Customer and Provider.
Neither party will be liable for any failure or delay in performance (other than payment obligations) resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, civil unrest, terrorism, government action, national or regional power or internet outages, strikes, or failures of Third-Party Services (such as mobile network operators, banks, or cloud infrastructure providers).
35.1. Provider may suspend or terminate Customer's access to the Service, in whole or in part, immediately and without liability, if Customer: (a) materially breaches these Terms and fails to cure the breach within a reasonable period after notice, where curable; (b) fails to pay fees when due; (c) engages in conduct that Provider reasonably believes exposes Provider, tenants, or other users to legal liability, security risk, or reputational harm; or (d) is required by law or a competent authority to be suspended.
35.2. Customer may cancel its Subscription at any time through the Platform or by written notice to Provider, effective at the end of the then-current billing period, subject to Section 16.2 on refunds.
35.3. Either party may terminate these Terms if the other party becomes insolvent, enters liquidation or receivership, or ceases to carry on business, subject to applicable insolvency law.
36.1. On termination or expiry of these Terms for any reason, Customer's right to access the Service ceases. Provider will, on request made within thirty (30) days of termination, provide Customer with reasonable access to export its Customer Content in a standard format (such as CSV or PDF exports available within the Service), for a further reasonable period not exceeding thirty (30) days, after which Provider may delete or anonymise Customer Data in accordance with its data retention practices and any legal retention obligations.
36.2. Sections of these Terms that by their nature should survive termination (including Sections 25 to 33, 36, and 40 to 45) will survive.
Customer represents that it is not subject to any applicable trade sanctions or embargoes that would prohibit its use of the Service, and will not use the Service in violation of any applicable export control or sanctions law.
The Service is not intended for use by, and Accounts may not be registered by, individuals under 18 years of age as the primary Account holder. Tenant Portal access may be used by a household member on behalf of a minor occupant's tenancy only under the supervision of an adult Account holder responsible for that tenancy.
39.1. Customer acknowledges and agrees that Provider maintains system logs, timestamps, and audit trails recording actions taken on the Platform, including the acceptance of these Terms at registration, logins, data entries, and message dispatches (“Audit Logs”).
39.2. Customer agrees that such Audit Logs, and electronic records generated by the Service generally, constitute valid evidence of the matters they record, including evidence of Customer's acceptance of these Terms, to the extent permitted under the Kenya Information and Communications Act, the Evidence Act (Cap. 80), and other applicable law recognising electronic records and signatures.
39.3. Customer acknowledges that unauthorised access to, or interference with, the Service or Customer Data may constitute an offence under the Computer Misuse and Cybercrimes Act, 2018, and Provider reserves the right to report suspected offences to the relevant authorities and to cooperate with any resulting investigation.
Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between Provider and Customer. Each party is an independent contractor.
These Terms, and any dispute or claim arising out of or in connection with them or the Service (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of the Republic of Kenya. The parties submit to the exclusive jurisdiction of the courts of Kenya, with the courts sitting in Nairobi as the preferred venue, save that Provider may seek injunctive or equitable relief in any court of competent jurisdiction where necessary to protect its intellectual property or confidential information.
42.1. Before commencing formal legal proceedings, the parties agree to first attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation between authorised representatives, initiated by written notice describing the dispute in reasonable detail.
42.2. If the dispute is not resolved within thirty (30) days of such notice, the parties may, by mutual agreement, refer the dispute to mediation administered by a mutually agreed mediator or institution (such as the Nairobi Centre for International Arbitration) before resorting to litigation. Nothing in this Section prevents either party from seeking urgent interim or injunctive relief from a competent court at any time.
Provider may update these Terms from time to time to reflect changes in the Service, legal or regulatory requirements, or business practices. Where changes are material, Provider will provide notice by email, in-app notification, or by posting an updated “Last updated” date on this page, with reasonable advance notice where practicable. Continued access to or use of the Service after the effective date of updated Terms constitutes acceptance of those Terms. If you do not agree to updated Terms, you must stop using the Service and may cancel your Subscription in accordance with Section 35.2.
Customer may not assign or transfer these Terms, or any rights or obligations under them, without Provider's prior written consent. Provider may assign these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets, or to an affiliate, without Customer's consent, provided the assignee agrees to be bound by these Terms.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will continue in full force and effect.
These Terms, together with the Privacy & Data Protection Policy and any order form, order confirmation, or signed agreement referencing these Terms, constitute the entire agreement between Customer and Provider regarding the Service, and supersede all prior or contemporaneous agreements, representations, and understandings, whether written or oral, relating to the same subject matter.
No failure or delay by either party in exercising any right under these Terms will operate as a waiver of that right, nor will any single or partial exercise of a right preclude any other or further exercise of it. Any waiver must be in writing and signed by the waiving party to be effective.
Notices to Provider under these Terms should be sent to hello@propertyos.test or via our contact page. Notices to Customer will be sent to the email address or in-app notification address associated with the Account's primary administrator. Notices are deemed received on the next business day after sending, absent evidence of non-delivery.
Any provision of these Terms that, by its nature, should survive termination or expiry of these Terms (including provisions relating to fees owed, intellectual property, confidentiality, indemnification, limitation of liability, governing law, and dispute resolution) will survive.
Questions about these Terms may be directed to hello@propertyos.test or via our contact page. For privacy-related requests, please see Section 25 (Data Subject Rights) of our Privacy & Data Protection Policy.