Tenant Portal Terms of Use

PropTraka Ventures · P.O. Box 44875–00605, Nairobi, Kenya

Please read these Terms of Use ("Terms") carefully before using the PropTraka Tenant Portal. They are a plain-language agreement between you and PropTraka about how you may use the software. If a Swahili version of these Terms is available, you may read that instead; where the two differ, the version that is more favourable to you as the tenant applies.

1. What PropTraka is — and what it is not (please read this first)

PropTraka is a software platform. We provide the Tenant Portal — the app and website you use to view your tenancy details, pay rent, receive receipts and documents, sign your tenancy agreement electronically, and reply to messages from your landlord or property manager.

PropTraka is not your landlord. PropTraka does not own, let, or manage any property. Your tenancy is a separate agreement between you and your landlord or their appointed property manager or agent(together, your "Landlord"). PropTraka is not a party to that tenancy agreement.

This means:

• Decisions about your rent amount, deposit, repairs and maintenance, notice, renewal, or ending your tenancy are made by your Landlord, not by PropTraka. We simply provide the tools your Landlord uses.
• Any dispute about rent owed, a deposit, the condition of the property, or eviction is a matter between you and your Landlord, governed by Kenyan landlord-and-tenant law. It is not a dispute with PropTraka, and PropTraka cannot decide it for you.
• These Terms govern only your use of the Portal software. They do not change, add to, or override your tenancy agreement or any of your rights and duties as a tenant under Kenyan law.

2. Accepting these Terms & eligibility

By ticking "I have read and agree to the Terms of Use" (or by creating your Portal account, or continuing to use the Portal), you agree to these Terms. If you do not agree, please do not use the Portal — you can still deal with your Landlord directly, offline.

• You must be at least 18 years old (the age of majority in Kenya) to use the Portal.
• You must have been invited to the Portal by a Landlord who uses PropTraka to manage the property you rent or are applying to rent.
• Your acceptance is recorded electronically, and the version of these Terms you accepted is stored, so that both you and we have a clear record of what was agreed and when (see clause 13).

Your agreement to these Terms is a valid electronic contract under KICA s.83J, which provides that a contract formed by electronic means is not denied validity or enforceability simply because it was made electronically.

3. Your account & keeping it secure

• Keep your login details (including any passkey, one-time code, or PIN) confidential. Do not share them or let anyone else use your account.
• You are responsible for activity that happens under your login. If you think someone else has accessed your account, or you notice anything suspicious, tell your Landlord and PropTraka immediately so we can help secure it.
• The device unlock (fingerprint, face, or PIN) that authorises your passkey stays on your device— PropTraka never receives or stores it. Separately, when you complete identity or TrustTraka™ verification, the Portal uploads and securely stores a selfie and a photo of your ID so your identity can be confirmed; for a guest self-check these are kept only for a short period.
• If your contact details (phone number or email) change, please ask your Landlord to update them, so that rent receipts, reminders, and important notices reach you.

We cannot be responsible for loss caused by someone using your login because you did not keep it confidential — but this does not limit any right you have that cannot be excluded under Kenyan law (see clause 10).

4. Acceptable use

The Portal is there to help you manage your tenancy. You may use it to view your account, pay rent, download receipts and documents, sign your tenancy agreement, submit and track maintenance requests, and reply to messages from your Landlord about your tenancy.

Please use it respectfully and honestly. The reply feature is for genuine communication with your Landlord or their staff about your tenancy.

5. Things you must not do (prohibited conduct)

You agree not to:

• Provide false or misleading information— including false identity or contact details, forged or altered documents, or fake proof of payment.
• Misuse the payment features— for example, submitting fraudulent payment claims, disputing (charging back) a genuine payment in bad faith, or attempting to make it look as though rent was paid when it was not.
• Abuse, harass, threaten, or defameyour Landlord, their staff, other tenants, or PropTraka — including through the Portal's messaging features. Content that is threatening, abusive, obscene, defamatory, or intended to intimidate is not allowed.
• Impersonate any other person, or pretend to be authorised to act for someone when you are not.
• Use the Portal for any unlawful purpose, or in a way that breaks any applicable Kenyan law.
• Access data that is not yours— including other tenants' information or accounts.
• Scrape, harvest, copy, or extract data from the Portal using bots, spiders, crawlers, or other automated means, or build a database from Portal content.
• Reverse-engineer, decompile, or tamperwith the Portal's software, or try to get around its security, rate limits, payment flows, or e-signature controls.
• Upload anything harmful— viruses, malware, or other malicious code. We scan uploads for malware and reject files that fail validation.

If you break these rules, we may suspend or close your Portal access (see clause 12) — but, importantly, that does not end your tenancy, which remains governed by your tenancy agreement and Kenyan law.

6. Keeping your information accurate

You agree that the information you give through the Portal — your identity, contact details, and anything you submit — is true, accurate, and complete to the best of your knowledge, and that you are authorised to submit it. If your details change, please let your Landlord know so they can update them. Accurate information helps make sure receipts, notices, and your tenancy records are correct.

7. Payments through the Portal (M-Pesa and others)

The Portal lets you pay rent and other charges to your Landlord, usually by M-Pesa. Please understand how this works:

• PropTraka is not a bank, and not a money transmitter. We do not hold your money as our own and we do not set the amount of rent you owe. Your Landlord sets the rent and any charges under your tenancy agreement.
• When you pay through the Portal, PropTraka is simply facilitating the collection of that payment on your Landlord's behalf— passing your M-Pesa payment through to your Landlord's records.
• A payment that fails, is reversed, is delayed, or does not go through (for example, an unsuccessful M-Pesa STK push, or a reversed transaction) does not reduce or cancel the rent you actually owe under your tenancy. You remain responsible to your Landlord for rent lawfully due.
• Questions or disputes about how much you owe, whether a payment was received, or a refund, are between you and your Landlord— except where the problem was caused by a genuine fault in the Portal software itself, in which case we will help put it right.
• M-Pesa and other payment services are operated by third parties (for example Safaricom). PropTraka is not responsible for their outages, delays, or errors, but nothing here removes any right you have against those providers or your Landlord under Kenyan law.

Always keep your own M-Pesa confirmation messages as your record of payment.

8. The tenancy agreement & electronic signing

You may be asked to sign your tenancy agreement (and related documents) electronically through the Portal.

• By signing electronically, you agree that your electronic signature is legally valid and binding, and you consent to receiving your tenancy documents and related notices in electronic form. This is recognised under KICA s.83J and the Business Laws (Amendment) Act, 2020, which confirm that contracts and signatures made electronically are valid and enforceable in Kenya.
• We record a signing audit trail (your identity, the time, and the document signed) and protect the signed document so that any change after signing can be detected. You can download and keep a copy at any time.
• The tenancy agreement is between you and your Landlord. PropTraka provides the signing tool only; it is not a party to the agreement and does not guarantee its enforceability in every circumstance. For a high-value or disputed agreement, you may wish to take independent legal advice before signing.

9. Intellectual property

The Portal — its software, design, content, and the PropTraka, ARDO™, and TrustTraka™names and logos — belongs to PropTraka Ventures and its licensors, and is protected by Kenyan and international intellectual-property law. We give you a personal, limited, revocable, non-transferable licence to use the Portal for your own tenancy. You may not copy, resell, modify, or reuse the software or our branding for any other purpose. The information you submit remains yours; you grant us a limited licence to process and display it only to provide the Portal service to you and your Landlord.

10. Disclaimers — the Portal is provided "as is"

We work hard to keep the Portal reliable, but we provide it "as is" and "as available."We do not promise that it will always be uninterrupted, error-free, or free of every delay — software and networks sometimes fail.

• ARDO™ and TrustTraka™ outputs, and any insights, estimates, or automated suggestions shown in the Portal, are for information only. They are not financial, legal, or tax advice, and are not decisions made about you.
• Except that: nothing in this clause excludes or limits any warranty, condition, or right that cannot lawfully be excluded, including under the Consumer Protection Act, 2012(which implies a warranty that a service is of reasonably merchantable quality — s.5(1) — and makes void any term that purports to negate that warranty — s.5(3)), the Data Protection Act, 2019 (No. 24 of 2019), or Article 46 of the Constitution. To the extent Kenyan law gives you a right we may not take away, you keep it in full.

11. Our liability, and yours (limitation of liability & indemnity)

PropTraka is a technology platform, not your Landlord, not a bank, and not a licensed adviser. This clause sets out the limits of what each of us is responsible for. It is written to be fair and balanced, because Kenyan law will not enforce terms that are excessively one-sided or inequitable against a consumer (CPA 2012 s.13; an agreement reached through such an unfair practice may be rescinded and damages, including exemplary damages, awarded — s.16).

What we are not liable for.To the maximum extent Kenyan law allows, PropTraka is not liable for indirect or consequential losses (such as lost profits or lost data) arising from your use of the Portal, from ARDO™ or TrustTraka™ outputs, or from third-party services such as M-Pesa or WhatsApp. We are also not liable for matters that are your Landlord's responsibility (rent, deposit, repairs, eviction), which are outside our control.

What we do NOT try to exclude. Nothing in these Terms limits or excludes our liability for:

• fraud or wilful misconduct by PropTraka;
• death or personal injury caused by our negligence;
• any breach of our duties under the Data Protection Act, 2019 in handling your personal data; or
• any liability that cannot be limited or excluded under Kenyan law, including your rights under the Consumer Protection Act, 2012.

A fair cap.Subject to the paragraph above, where PropTraka is found liable to you, our total liability to you is limited to a reasonable and proportionate amount — and in any event will not exceed KES 50,000 (fifty thousand Kenyan shillings). Because the Portal is provided to you free of charge, that amount is modest — but it is a genuine, real remedy, not a token or nominal sum. We have deliberately not excluded all liability, because a term that leaves you with no real remedy risks being treated as inequitable and unenforceable under the Consumer Protection Act, 2012.

Your responsibility to us (indemnity). If PropTraka suffers a loss or a third-party claim because youused the Portal fraudulently or unlawfully, infringed someone's rights, or breached clause 5 (prohibited conduct), you agree to cover our reasonable resulting costs. This indemnity is limited to loss caused by your own wrongdoing — you are notresponsible for anything caused by PropTraka's own negligence, fraud, or wilful misconduct.

12. Suspending or closing your Portal access

• You can stop using the Portal at any time and may ask your Landlord or PropTraka to close your Portal account.
• Wemay suspend or close your Portal access if you breach these Terms — particularly the prohibited-conduct rules in clause 5 — or where we are required to by law. Where it is practical and lawful to do so, we will give you notice and a chance to put things right first.
• Closing your Portal access does not end your tenancy.Your tenancy agreement with your Landlord continues, and any rent you owe is still owed. If your Portal access ends, you can still deal with your Landlord directly. Where your Landlord's own subscription lapses, the Portal may switch to read-only and you will be given your Landlord's contact details so you can arrange payment directly.

13. Electronic acceptance, records & changes to these Terms

How we record your acceptance. When you accept these Terms, we store the version you accepted, the date and time, and enough detail to show what you were shown. We keep earlier versions so it is always clear which version you agreed to and when. This record-keeping follows KICA (Cap. 411A) s.83H (retention of electronic records) and supports admissibility of the record under section 106B of the Evidence Act (Cap. 80).

Changes.We may update these Terms from time to time — for example, to reflect new features or changes in the law. If we make a material change, we will tell you (by email or an in-app notice) and, where the change materially affects your rights, ask you to accept the updated Terms the next time you sign in, rather than relying on silent acceptance. We will always keep the current version available in the Portal. If you do not agree to an updated version, you may stop using the Portal.

14. Governing law & resolving disputes

• These Terms are governed by the laws of the Republic of Kenya.
• If you have a problem, please contact us first (clause 15) — most issues can be sorted out quickly and informally. We are happy to try good-faith discussion, and mediation if helpful, to resolve any dispute.
• Nothing in these Terms takes away your right to bring a claim in the Kenyan courts. You keep your right to go to the High Court and your right to bring or join a class proceeding — these Terms do not force you into arbitration or prevent you from suing (consistent with CPA 2012 s.88, which invalidates a term insofar as it stops a consumer commencing a High Court action, and s.4, which preserves class proceedings).
• Any dispute is subject to the non-exclusive jurisdiction of the Kenyan courts.

15. Contact us

Questions about these Terms, your account, or a problem with the Portal:

• Email: privacy@proptraka.ke
• Post:PropTraka Ventures, P.O. Box 44875–00605, Nairobi, Kenya

For how we handle your personal data, please see our Privacy Policy. PropTraka Ventures is registered with the Office of the Data Protection Commissioner (ODPC) as a Data Controller (Reg. No. 684-4423-0396).

Nothing in these Terms limits your rights under the Consumer Protection Act, 2012, the Data Protection Act, 2019, or Article 46 of the Constitution of Kenya, 2010.