Terms of Service

Last Updated: April 26, 2025

Welcome to KenyaEstates! These Terms of Service ("Terms") govern your access to and use of the KenyaEstates Platform website, mobile applications, and related services (collectively, the "Service"). Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms.

1. Definitions

  • "Platform" refers to the KenyaEstates Platform website, applications, and services.
  • "User," "You," "Your" refers to any individual or entity accessing or using the Platform, including Property Seekers, Agents, and Owners.
  • "Content" means text, graphics, images, software, audio, video, information, or other materials.
  • "User Content" means Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Platform.
  • "Listing" refers to a property listing posted on the Platform.

2. Eligibility and Account Registration

You must be at least 18 years old to use the Service. By creating an account, you represent that you meet this requirement and that all information you provide is accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Service in any way that violates Kenyan law or international regulations.
  • Engage in fraudulent, deceptive, or misleading conduct.
  • Post inaccurate, false, or misleading User Content, including Listings.
  • Infringe upon the rights of others, including intellectual property rights.
  • Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
  • Interfere with or disrupt the integrity or performance of the Service.
  • Attempt to gain unauthorized access to the Service or its related systems or networks.

4. Property Listings (For Agents/Owners)

If you post a Listing, you represent and warrant that you have the legal right to list the property and that all information provided in the Listing is accurate, complete, and complies with all applicable laws and regulations (including advertising standards). You grant KenyaEstates a worldwide, non-exclusive, royalty-free license to use, copy, display, and distribute the User Content in your Listings in connection with the Service. You are solely responsible for your Listings.

5. AI Features

The Platform may include features utilizing artificial intelligence (AI), such as affordability calculators or description generators. These features provide estimations, suggestions, or information based on available data and algorithms. They are provided for informational purposes only and DO NOT constitute financial, legal, or professional advice. KenyaEstates makes no warranties regarding the accuracy, completeness, or reliability of AI-generated content. You should independently verify all information and consult qualified professionals before making decisions based on AI features.

6. Fees and Payments (If Applicable)

[If your platform involves fees for certain services, e.g., premium listings, subscriptions, detail this section clearly. Include payment terms, refund policy (if any), and applicable taxes. If no fees, state that basic use is currently free but reserve the right to introduce fees.]

Example: Currently, basic use of the Platform is free for Property Seekers. Fees may apply for certain services offered to Agents or Owners, such as featured listings or subscription plans. Any applicable fees will be clearly disclosed before you incur them. All fees are non-refundable unless otherwise stated or required by law.

7. Intellectual Property Rights

The Service and its original Content (excluding User Content), features, and functionality are and will remain the exclusive property of KenyaEstates and its licensors. The Service is protected by copyright, trademark, and other laws of both Kenya and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of KenyaEstates.

8. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KenyaEstates DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE INFORMATION OR LISTINGS PROVIDED THROUGH THE SERVICE ARE ACCURATE, RELIABLE OR CORRECT; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KenyaEstates, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. KenyaEstates'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY KENYAN LAW.

10. Indemnification

You agree to defend, indemnify and hold harmless KenyaEstates and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) User Content posted on the Service.

11. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service or contact us.

12. Governing Law

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

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least [e.g., 15 or 30] days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

14. Contact Us

If you have any questions about these Terms, please contact us at: legal@kenyaestates.co.ke.