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Terms of Service

1. Acceptance of Terms

PropTraka is a product of PropTraka Ventures, a business registered in Kenya. 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 or the legal age of majority in your jurisdiction.
  • Provide accurate, current, and complete information during the registration process.
  • Maintain the security and confidentiality of your account credentials, including any registered passkeys. You are responsible for all activities that occur under your account. Passkey credential identifiers and public keys are stored securely; your actual biometric data (fingerprints, facial scans, PINs) never leaves your device and is not collected by PropTraka.
  • Maintain only one account per individual or legal entity, unless expressly authorised by PropTraka.

PropTraka reserves the right to refuse registration, suspend, or terminate any account at its sole discretion, including for suspected fraudulent activity, violation of these Terms, or providing false information.

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 or copy the platform's proprietary code.
  • Use the materials for any commercial purpose (other than managing your own rental portfolio).
  • Attempt to decompile or reverse engineer any software contained on PropTraka.
  • Remove any copyright or other proprietary notations from the materials.
  • Exceed your plan's API rate limits or attempt to circumvent rate limiting mechanisms. API usage is monitored and subject to the limits of your subscription tier; current limits per tier are published in our API documentation, available to authenticated users. Persistent abuse may result in temporary or permanent API access revocation.

4. User Responsibilities

As a user of PropTraka, you agree to:

  • Ensure the accuracy and completeness of all data entered into the platform, including property details, financial records, and tenant information.
  • Maintain the security of your login credentials and promptly notify PropTraka of any unauthorised access to your account.
  • Use the platform in compliance with all applicable Kenyan laws, including but not limited to the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, the Rent Restriction Act, and the Kenya Revenue Authority tax regulations.
  • Refrain from using the platform for money laundering, terrorism financing, or any other illicit financial activity.
  • Acknowledge that all files you upload to the platform will be scanned for malware and validated for type and size. Files that fail security checks (including malware detection) will be rejected and not stored. You agree not to upload files containing malicious code, viruses, or other harmful content.
  • Promptly report any security vulnerabilities, data breaches, or suspicious activity you discover on the platform.

5. Intellectual Property

All content, features, functionality, trademarks, logos, and proprietary technology of PropTraka (including the ARDO™ AI assistant) are owned by PropTraka Ventures and are protected by Kenyan and international intellectual property laws.

You retain full ownership of the data you enter into PropTraka. By using the platform, you grant PropTraka a limited, non-exclusive license to process, store, and display your data solely for the purpose of providing the services described herein.

6. Accuracy of Data

While PropTraka provides tools for financial reconciliation and tenant screening, the user is ultimately responsible for the accuracy of data entered into the system. PropTraka is not liable for errors in tax filings or legal disputes arising from incorrect manual data entry.

7. AI-Generated Content & TrustTraka™ Disclaimer

PropTraka's AI assistant (ARDO™) provides data-driven insights, market analysis, and property management recommendations. These outputs are for informational purposes only and do not constitute financial, investment, tax, or legal advice. Specifically:

  • AI-generated reports, P&L analyses, and market research are estimates based on available data and may contain inaccuracies or "hallucinations."
  • TrustTraka™ is a predictive tool based on verified data. It is intended as a guidance tool for landlords and should be used as one factor among many in your leasing decision process. We do not guarantee the future performance or behaviour of any tenant.
  • AI outputs are not a substitute for advice from a qualified accountant, lawyer, or tax advisor.
  • You bear sole responsibility for decisions made based on AI-generated content.

8. Third-Party Integrations

PropTraka integrates with third-party services to provide its features. By using these integrations, you acknowledge and agree that:

  • M-Pesa: Transaction reconciliation relies on Safaricom's APIs. PropTraka is not responsible for M-Pesa service outages, delays, or errors in transaction data provided by Safaricom.
  • KRA eTIMS: PropTraka generates and submits eTIMS-compliant rent invoices (including credit notes) to the Kenya Revenue Authority via the OSCU API. Invoice accuracy depends on data entered by the user. PropTraka does not guarantee acceptance by KRA and users remain solely responsible for their tax obligations. PropTraka also fiscalises its own subscription invoices using separate OSCU credentials.
  • WhatsApp Business Platform (Meta): Tenant notifications (rent reminders, maintenance updates) may be delivered via the WhatsApp Business Platform (Cloud API). Message delivery is subject to WhatsApp's availability and the tenant's WhatsApp account status. PropTraka is not responsible for undelivered or delayed messages.
  • Google Authentication: Sign-in via Google is subject to Google's Terms of Service and Privacy Policy.
  • Payment Processing (Paystack): Subscription payments are processed by Paystack. Their terms of service and privacy policies apply to all payment transactions.
  • Market Intelligence: Publicly available rental listing data from Kenyan property portals is aggregated via third-party data services to power ARDO™'s market analysis features. No personal user data is shared with these providers. Market data accuracy depends on the source portals and PropTraka does not guarantee its completeness.
  • AI Processing: ARDO™ features are powered by third-party AI providers. Anonymised query data may be processed by these providers in accordance with our AI Safety Policy.

8A. PropTraka Sign (Digital Signatures)

PropTraka Sign enables landlords and tenants to digitally sign lease agreements and other documents within the platform. By using this feature, you acknowledge and agree that:

  • Digital signatures collected via PropTraka Sign are intended to be legally binding in Kenya under the Kenya Information and Communications Act and applicable electronic transaction principles. However, PropTraka does not guarantee enforceability in all circumstances — consult a legal advisor for high-value or disputed agreements.
  • You are responsible for ensuring all signatories have the authority to execute the agreement.
  • Signed documents are stored securely and cannot be modified after signature. A full audit trail (IP address, timestamp, and user identity) is recorded for every signature event.
  • You may download and retain copies of signed agreements at any time from the Agreements section or the Tenant Portal.

8B. Referral Programme

PropTraka offers a referral programme that rewards both the referrer and the referred user. By participating, you agree to the following terms:

  • When a new user signs up using your referral code or link and completes their first subscription payment, both you and the referred user receive 1 month of free subscription credit.
  • Referral credits are capped at 3 months free per calendar year per user. The cap resets on 1 January each year.
  • Credits are non-transferable, non-refundable, and applied as a billing extension to your next renewal date.
  • Self-referrals, duplicate accounts, and fraudulent referrals will result in credit forfeiture and potential account suspension.
  • PropTraka reserves the right to modify or discontinue the referral programme at any time with 14 days' notice.

8C. Applicant Screening & Leasing Pipeline

PropTraka provides an applicant screening pipeline that enables landlords to evaluate prospective tenants. By using this feature, you acknowledge and agree that:

  • Applicant screening is a landlord-initiated process. PropTraka facilitates the collection and analysis of applicant data but does not make tenancy decisions. The decision to accept or reject an applicant rests solely with the landlord.
  • AI-assisted screening recommendations provided by ARDO™ are advisory only and are not binding. ARDO™ may flag risks or highlight strengths, but these assessments are informational and should be considered alongside your own judgement and due diligence.
  • Rejection emails sent to unsuccessful applicants are auto-generated on the landlord's behalf. The content reflects the landlord's decision; PropTraka acts solely as the delivery mechanism.
  • All applicant data is processed in accordance with the Kenya Data Protection Act (2019). By initiating a screening, the landlord confirms they have a lawful basis for processing the applicant's personal data.
  • When an applicant is approved and converted to a tenant, a new tenancy relationship is created within the platform. Relevant applicant data is migrated to the tenant profile, and the applicant record is marked as converted.

9. Subscription & Cancellation

PropTraka operates on a subscription model based on the number of units managed. You may cancel your subscription at any time. Upon cancellation, your data will remain accessible for a period of 90 days before final deletion, in accordance with our data retention policy.

Payment Failure & Grace Period

If your subscription payment fails, you have a 7-day grace period to update your payment method. During this grace period, access to paid features (including ARDO AI) is suspended. If payment is not received within 7 days, your subscription is deactivated. For M-Pesa subscriptions, automatic payment prompts may be sent to your phone during the grace period.

Feature Access & Usage Limits

All paid features, including ARDO AI, require an active subscription. Each plan tier includes specific usage limits (AI queries, transactions, document signings, WhatsApp credits, and team members). Usage limits reset each billing cycle. Exceeding a limit requires a plan upgrade.

Tenant Portal Access

Tenant portal access depends on the landlord's active subscription. When a landlord's subscription is deactivated, the tenant portal transitions to read-only mode. Tenants are notified via email and provided with the landlord's contact details. No new payments are accepted through the portal while the landlord's subscription is inactive.

10. Electronic Communications Consent

By creating a PropTraka account, you consent to receive electronic communications from us, including:

  • Transactional emails (payment receipts, rent reminders, lease expiry notifications).
  • Security alerts (login notifications, 2FA codes, suspicious activity warnings).
  • Platform updates and service announcements.
  • WhatsApp messages (rent reminders, maintenance updates, payment confirmations) delivered via your registered phone number.

Marketing communications are subject to a separate opt-in and can be disabled at any time via your account settings or the unsubscribe link in any marketing email.

10A. Mandatory Notifications (Auto Opt-In)

By using PropTraka, you automatically and irrevocably opt in to receiving the following categories of notifications via email, SMS, and in-app push. These notifications cannot be disabled as they are essential to the operation of your account and our legal obligations:

  • Legal Document Updates: Notifications of changes to these Terms of Service, the Privacy Policy, or any other binding legal document.
  • Emergency Communications: Notifications regarding security breaches, service disruptions, or critical platform incidents that may affect your data or access.
  • Regulatory Compliance Notices: Updates related to changes in Kenyan law (including KRA tax regulations, Data Protection Act amendments, and anti-money laundering requirements) that may affect your use of the platform.
  • Account Security Alerts: Login notifications, 2FA codes, password change confirmations, and suspicious activity warnings.

These mandatory notifications are separate from optional marketing communications and will continue regardless of your marketing preferences. This auto opt-in is a condition of using PropTraka and cannot be withdrawn while your account remains active.

10B. Invoice Generation & Tax Documents

PropTraka generates eTIMS-compliant PDF invoices for rent payments. By using this feature, you acknowledge that:

  • Invoices are generated based on data you enter into the platform. PropTraka does not independently verify the accuracy of amounts, tenant details, property classifications, or KRA PINs.
  • You are responsible for reviewing all invoices before they are submitted to KRA via the OSCU system. Once submitted, invoices are recorded permanently with the Kenya Revenue Authority.
  • Credit notes reference original invoices and are submitted as corrections. You must ensure credit notes are issued only for valid reasons (deposit refunds, rent adjustments, or genuine corrections).
  • Tenant KRA PINs are collected optionally and stored securely. You must obtain your tenant's consent before entering their KRA PIN into PropTraka.
  • VAT treatment (exempt for residential, 16% for commercial) is determined based on the property type you select. You are responsible for ensuring this classification is correct for your specific circumstances and should consult a tax advisor if uncertain.

11. Limitation of Liability

PropTraka is a technology platform for property management. We are not a bank, financial institution, or licensed tax advisor. To the maximum extent permitted by Kenyan law, PropTraka shall not be liable for any indirect, incidental, or consequential damages (including loss of profits or data) arising from the use of the ARDO™ AI Assistant, automated mobile money reconciliation features, eTIMS invoice submissions, WhatsApp message delivery, or any other automated platform functionality.

12. Indemnification

You agree to indemnify and hold harmless PropTraka Ventures and its officers from any claims, damages, or expenses (including legal fees) arising from your misuse of the platform, violation of these terms, or infringement of any third-party rights.

13. Termination

Either party may terminate this agreement at any time:

  • By You: You may delete your account at any time through the Settings page. Your data will be retained for 90 days after deletion to allow for recovery, after which it is permanently erased.
  • By PropTraka: We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, fail to pay subscription fees, or if required by law or regulatory order.

The following sections survive termination: Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

14. Modifications to Terms

PropTraka reserves the right to update or modify these Terms of Service at any time. We will notify you of material changes at least 14 days before they take effect via email or an in-app notification. Continued use of the platform after the effective date constitutes acceptance of the revised terms. If you do not agree to the updated terms, you must discontinue use of the platform and delete your account.

15. Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions or orders, internet or telecommunications outages, power failures, or acts of war or terrorism. The affected party shall notify the other party promptly of such an event and make reasonable efforts to resume performance.

16. Dispute Resolution

In the event of a dispute, the parties shall first attempt to resolve it through friendly negotiations. If no resolution is reached within 30 days, the dispute shall be referred to arbitration in Nairobi, Kenya, under the rules of the Chartered Institute of Arbitrators (Kenya Branch).

17. Governing Law

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

Last Updated: March 18, 2026. Nairobi, Kenya.