1. Acceptance of Terms

By accessing or using PropTraka, you agree to be bound by these Terms of Service and all applicable laws and regulations in the Republic of Kenya. If you do not agree with any of these terms, you are prohibited from using or accessing this platform.

2. Account Registration & Eligibility

To use PropTraka, you must be at least 18 years of age, provide accurate information during registration, maintain the security of your account credentials, and maintain only one account per individual or legal entity.

3. Use License

We grant you a personal, non-exclusive, non-transferable license to use PropTraka for your internal property management or tenant portal needs. You may not modify, copy, reverse engineer, or remove proprietary notations from the platform.

4. User Responsibilities

You agree to ensure the accuracy of all data entered, maintain the security of your credentials, comply with all applicable Kenyan laws, and refrain from using the platform for illicit financial activity.

5. Intellectual Property

All content, features, and proprietary technology of PropTraka (including the ARDO AI assistant) are owned by PropTraka. You retain full ownership of the data you enter.

6. AI-Generated Content & TrustTraka™ Disclaimer

ARDO provides data-driven insights for informational purposes only and does not constitute financial, investment, tax, or legal advice. TrustTraka™ is a predictive guidance tool and not a guarantee. You bear sole responsibility for decisions made based on AI-generated content.

7. Third-Party Integrations

PropTraka integrates with M-Pesa/Safaricom, KRA eTIMS, Google Authentication, Paystack, and the WhatsApp Business Platform (Meta). Their respective terms apply. PropTraka is not responsible for third-party service outages or undelivered WhatsApp messages.

8. Subscription & Cancellation

PropTraka operates on a subscription model. You may cancel at any time. Your data will remain accessible for 90 days before final deletion.

9. Electronic Communications Consent

By creating an account, you consent to receive transactional emails, security alerts, and platform updates. Marketing communications require separate opt-in consent.

10. Important Notifications (Auto Opt-In)

By using PropTraka, you automatically opt in to receiving critical notifications including: legal document updates, changes to these Terms or Privacy Policy, emergency communications regarding security breaches or service disruptions, regulatory compliance notices, and account security alerts. These notifications cannot be disabled as they are essential to your use of the platform and our legal obligations.

10B. Invoice Generation & Tax Documents

PropTraka generates eTIMS-compliant PDF invoices with QR codes for rent payments. Users are responsible for data accuracy. Tenant KRA PINs are collected with user consent. VAT treatment is auto-detected by property type but users must verify classification.

11. Limitation of Liability

PropTraka is a technology platform, not a bank, financial institution, or licensed tax advisor. To the maximum extent permitted by Kenyan law, PropTraka shall not be liable for indirect, incidental, or consequential damages arising from eTIMS submissions, WhatsApp delivery, or automated features.

12. Indemnification

You agree to indemnify and hold harmless PropTraka from any claims arising from your misuse of the platform or violation of these terms.

13. Termination

Either party may terminate at any time. Your data is retained for 90 days after deletion. PropTraka may suspend accounts for violations, fraud, or non-payment.

14. Modifications to Terms

PropTraka may update these Terms with at least 14 days notice via email or in-app notification. Continued use constitutes acceptance of revised terms.

15. Dispute Resolution

Disputes shall first be resolved through negotiation. If unresolved within 30 days, disputes shall be referred to arbitration in Nairobi, Kenya, under the Chartered Institute of Arbitrators (Kenya Branch).

16. Governing Law

These terms are governed by the laws of the Republic of Kenya.

1. Introduction

PropTraka is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information, compliant with the Kenya Data Protection Act (2019).

2. Information We Collect

We collect Identity Data (name, ID, contact details), Property Data (property details), Financial Data (rent history, M-Pesa transactions, billing), Tax Compliance Data (KRA PINs, eTIMS credentials), and Usage Data (platform interactions).

3. How We Use Your Information

We use data to provide property management services, generate TrustTraka™ reports, automate rent reconciliation, detect fraud, and comply with KRA regulations.

4. Cookies & Tracking Technologies

We use Essential Cookies (authentication, security), Functional Cookies (preferences), and Analytical Cookies (anonymised usage patterns). Essential cookies cannot be disabled.

5. Data Anonymization & AI

ARDO AI uses anonymised data streams. Your Personally Identifiable Information (PII) is never used for training general models.

6. Third-Party Data Sharing

Data may be shared with Safaricom/M-Pesa, Paystack, KRA (rent invoices, credit notes, tenant KRA PINs), Meta/WhatsApp (phone numbers, message content for notifications), cloud infrastructure providers, and third-party AI providers — strictly for providing our services. We do not sell your personal data.

7. Data Retention Periods

Active accounts: duration of subscription. Post-cancellation: 90 days. Financial records: 7 years (KRA). AI logs: 30 days. Server logs: 90 days. Backups: 180 days maximum.

8. Data Localisation & Security

Sensitive data is stored with AES-256 encryption. We comply with Kenyan data localisation requirements.

9. International Data Transfers

Google Cloud (Firebase) may process data outside Kenya, subject to appropriate safeguards under the Kenya DPA, with TLS 1.3 in transit and AES-256 at rest.

10. Data Breach Notification

PropTraka will notify the Office of the Data Protection Commissioner (ODPC) and affected users within 72 hours of becoming aware of any breach.

11. Children's Privacy

PropTraka is not intended for individuals under 18. Contact legal@proptraka.ke for minor data deletion requests.

12. Marketing Communications

Marketing emails require explicit opt-in consent. You may withdraw consent at any time via account Settings or the unsubscribe link. Transactional and legal/emergency communications are not affected by marketing preferences.

13. Important Notifications (Auto Opt-In)

Certain notifications are mandatory and cannot be opted out of, including: changes to these Terms or Privacy Policy, security breach notifications, emergency service disruptions, regulatory compliance updates, and account security alerts. These are essential to the operation of your account and our legal obligations under Kenyan law.

14. Your Rights

Under the Data Protection Act, you have the right to access, rectify, erase, or port your personal data. Contact legal@proptraka.ke or the ODPC.