Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Kodipal platform, including our web dashboard, the Kodipal Manager mobile app, the Kodipal Tenant mobile app, and any related services, features, or content we provide (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

If you are entering into these Terms on behalf of a company, agency, or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity.

2. Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements.

If you are using the Service on behalf of a tenant, you confirm that you have the legal right to act on their behalf or that they have authorized you to manage their tenancy details within the platform.

3. Accounts and Registration

To access most features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to keep that information up to date.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate accounts that contain false information, are used for fraudulent purposes, or violate these Terms.

4. Use of the Service

Kodipal grants you a limited, non exclusive, non transferable, revocable license to access and use the Service for your internal property management purposes, subject to these Terms.

You agree to use the Service only for lawful purposes and in accordance with all applicable laws and regulations, including the Kenya Data Protection Act, 2019 and any applicable tax, financial reporting, and tenancy laws.

5. Prohibited Conduct

You agree not to use the Service to:

• •Violate any applicable law, regulation, or third party right.
• •Submit false, misleading, or fraudulent information, including fake tenant records or falsified payment confirmations.
• •Attempt to gain unauthorized access to any part of the Service, other users' accounts, or our systems.
• •Interfere with or disrupt the integrity or performance of the Service.
• •Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service.
• •Use automated scripts, bots, or scrapers to access the Service without our prior written consent.
• •Upload viruses, malware, or any code designed to harm the Service or other users.
• •Use the Service to send unsolicited communications or spam.
• •Impersonate any person or entity or misrepresent your affiliation with any person or entity.

6. Payments and Fees

Kodipal charges a percentage based fee on transactions processed through the platform, as agreed during onboarding or as described in your service agreement.

You are responsible for ensuring that your payment details, mobile money integration, and bank connection information are accurate and up to date. Kodipal is not responsible for failed transactions caused by incorrect configuration on your side.

All fees are exclusive of applicable taxes unless stated otherwise. You are responsible for any taxes, levies, or duties imposed by Kenyan or other applicable tax authorities.

We reserve the right to adjust our fee structure with reasonable prior notice. Continued use of the Service after a fee change takes effect constitutes acceptance of the new fees.

7. Tenant Data and Responsibilities

As a landlord, agency, or property manager, you may upload, store, and manage personal data belonging to your tenants through the Service. You acknowledge and agree that:

• •You are the data controller for tenant data you upload, and Kodipal acts as a data processor on your behalf.
• •You are responsible for obtaining any consents required under applicable law before uploading tenant information to the Service.
• •You will only upload tenant data that is necessary for legitimate property management purposes.
• •You will not use tenant data for marketing, resale, or any purpose unrelated to managing the tenancy.
• •You will promptly notify us if you become aware of any unauthorized access to tenant data through your account.

Kodipal processes tenant data in accordance with our Privacy Policy and applicable data protection laws. You are responsible for complying with your own obligations as a data controller.

8. Intellectual Property

The Service, including all software, design, text, graphics, logos, and content made available through it, is owned by Kodipal or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service or any part of it without our prior written consent.

You retain ownership of any data, documents, or content you upload to the Service. By uploading content, you grant Kodipal a worldwide, non exclusive, royalty free license to host, store, process, and display that content solely for the purpose of providing the Service to you.

9. Third Party Services

The Service integrates with third party providers such as mobile money platforms, banks, SMS gateways, and cloud hosting providers. Your use of these third party services may be subject to their own terms and privacy policies.

Kodipal is not responsible for the availability, accuracy, or performance of any third party service. Any disruption, downtime, or error originating from a third party provider is outside our control, and we shall not be liable for any resulting loss or damage.

10. Service Availability and Support

We aim to keep the Service available at all times, but we do not guarantee uninterrupted or error free operation. The Service may be temporarily unavailable due to scheduled maintenance, emergency repairs, or factors outside our control.

Support is provided through the channels listed on our contact page. Response times may vary depending on your plan and the nature of the request.

11. Suspension and Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or illegal activity, or posed a risk to the Service or other users.

You may terminate your account at any time by contacting us or through the account settings in the platform. Upon termination, your right to use the Service ceases immediately.

Certain provisions of these Terms, including those relating to intellectual property, data retention, disclaimers, and limitation of liability, survive termination.

12. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Kodipal disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, and non infringement.

We do not warrant that the Service will be uninterrupted, secure, or free of errors, or that any defects will be corrected. We do not warrant that any information obtained through the Service is accurate, reliable, or complete.

13. Limitation of Liability

To the fullest extent permitted by law, Kodipal shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising out of or related to your use of the Service.

Our total aggregate liability arising out of or related to these Terms or the Service shall not exceed the total fees paid by you to Kodipal in the twelve months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Kodipal and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any rights of another party.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles.

Any dispute arising out of or in connection with these Terms or the Service shall first be attempted to be resolved through good faith negotiations. If the dispute cannot be resolved amicably, it shall be submitted to the exclusive jurisdiction of the courts of Kenya.

16. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Service, legal requirements, or business practices. When we make material changes, we will notify you by email or through a prominent notice on the platform before the changes take effect.

Continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

17. Contact Us

If you have questions about these Terms, please contact us using the details below.