TERMS AND CONDITIONS

Janja Homes Property Management System

1. AGREEMENT TO TERMS

These Terms and Conditions ("Terms") govern your use of the Janja Homes Property Management System, website located at https://janja.co.ke, mobile applications and related services (collectively, the "Service" or "Platform") operated by Janja Homes ("we," "us," or "our"), a company registered in Kenya.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. DEFINITIONS

For purposes of these Terms:

• "Account" means a unique account created for you to access our Service
• "Company" refers to Janja Homes Limited
• "Content" means any text, images, data, or other materials uploaded, downloaded, or appearing on the Service
• "Landlord" means property owners or their authorized representatives using the Platform
• "Property Manager" means individuals or entities managing properties on behalf of property owners
• "Tenant" means individuals or entities renting properties managed through the Platform
• "User" refers to any individual or entity accessing or using the Service
• "Property" means any residential, commercial, or mixed-use real estate managed through the Platform

3. DESCRIPTION OF SERVICE

Janja Homes provides a comprehensive cloud-based property management platform that includes:

• Automated rent collection and payment processing
• Tenant and property management tools
• Financial reporting and reconciliation
• Maintenance request management
• Communication and notification systems
• Mobile applications for iOS and Android
• Integration with M-Pesa, banks, and other payment providers
• KRA compliance and ETIMS integration
• Vendor management system
• Document management and storage

4. ACCOUNT REGISTRATION

4.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities occurring under your account
• Notify us immediately of any unauthorized use

4.2 Account Types

We offer different account types:

• Landlord Accounts: For property owners managing their properties
• Property Manager Accounts: For professional property management companies
• Tenant Accounts: For tenants to make payments and submit requests
• Vendor Accounts: For service providers and contractors

4.3 Identity Verification

We reserve the right to verify your identity and may request additional documentation including:

• Government-issued identification
• Proof of property ownership
• Business registration documents
• KRA PIN certificates

5. SUBSCRIPTION PLANS AND FEES

5.1 Subscription Plans

We offer various subscription tiers based on the number of units managed. All plans include full access to platform features.

5.2 Payment Terms

• Subscription fees are billed monthly or annually in advance
• All fees are quoted in Kenya Shillings (KES)
• Payment methods include M-Pesa, bank transfer, and card payments
• Fees are non-refundable except as required by law

5.3 Transaction Fees

Certain payment processing transactions may incur additional fees from payment providers. These fees are separate from our subscription fees.

5.4 Price Changes

We reserve the right to modify subscription fees with 30 days' notice. Continued use after price changes constitutes acceptance of new pricing.

6. USER RESPONSIBILITIES AND CONDUCT

6.1 Acceptable Use

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

• Violate any applicable laws or regulations
• Upload false, misleading, or fraudulent information
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any portion of the Service
• Use the Service to send spam or unsolicited communications
• Engage in any activity that could harm minors
• Upload viruses, malware, or malicious code
• Scrape or harvest data from the Service
• Use the Service for competitive purposes without our consent

6.2 Property Management Compliance

Users managing properties agree to:

• Comply with all Kenyan landlord-tenant laws and regulations
• Maintain accurate property and tenant records
• Handle security deposits in accordance with applicable laws
• Provide proper notice for all tenant-related actions
• Ensure all rental agreements comply with legal requirements

6.3 Modus Operandi

• Landlords enrol property managers on the platform on their account to manage their properties on their behalf
• Landlords are responsible for their property managers on the platform
• All disputes must be resolved between the relevant landlords, property managers & tenants parties
• Landlords and their property managers are responsible for their party service providers they subscribe to

7. PAYMENT PROCESSING

7.1 Payment Services

We facilitate payment processing through integrated third-party payment providers. We are not a financial institution and do not directly handle funds.

7.2 Payment Responsibilities

• Landlords are responsible for providing accurate payment information on their accounts and by their property managers for successful payment by their tenants
• We do not collect rent on behalf of landlords or property managers
• Tenants are responsible for ensuring sufficient funds for transactions
• We are not liable for failed transactions due to insufficient funds or incorrect information
• All payment disputes must be resolved between the relevant landlords, property managers & tenants parties

8. DATA PRIVACY AND SECURITY

8.1 Data Collection

We collect and process personal data as described in our Privacy Policy, including:

• Contact information
• Property details
• Financial transaction data
• Usage information

8.2 Data Protection

We implement industry-standard security measures including:

• SSL encryption for all data transmission
• Password-protected access controls
• Regular security audits and updates
• Secure data backup systems

8.3 Data Ownership

• You retain ownership of all data you upload to the Service
• We have a license to use your data solely to provide the Service
• You can export your data at any time through the platform

9. INTELLECTUAL PROPERTY

9.1 Our Property

The Service and its original content, features, and functionality are owned by Janja Homes and are protected by international copyright, trademark, and other intellectual property laws.

9.2 User Content

By uploading content to the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process such content solely for providing the Service.

9.3 Feedback

Any feedback, suggestions, or improvements you provide may be used by us without compensation or attribution.

10. THIRD-PARTY SERVICES

10.1 Integrations

The Service integrates with third-party services including:

• Payment processors (M-Pesa, Banks, Payment Gateways)
• SMS providers
• Email services
• KRA systems

10.2 Third-Party Terms

Your use of integrated third-party services is subject to their respective terms and conditions. We are not responsible for third-party service availability or performance.

11. SERVICE AVAILABILITY AND SUPPORT

11.1 Service Uptime

While we strive for 99.9% uptime, we do not guarantee uninterrupted service. The Service may be unavailable due to:

• Scheduled maintenance
• System upgrades
• Technical failures
• Force majeure events

11.2 Support Services

We provide customer support via:

• Email support
• Online Knowledgebase

12. LIMITATION OF LIABILITY

12.1 Disclaimer of Warranties

12.2 Limitation of Damages

12.3 Maximum Liability

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Janja Homes Limited, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you upload to the Service
• Your property management activities

14. DISPUTE RESOLUTION

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

14.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the Arbitration Act of Kenya, conducted in Nairobi, Kenya.

14.3 Injunctive Relief

Notwithstanding the above, we may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights or confidentiality obligations.

15. TERMINATION

15.1 Termination by User

You may terminate your account at any time by providing written notice. Termination does not entitle you to refunds for prepaid fees.

15.2 Termination by Us

We may suspend or terminate your account immediately for:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Upon request by law enforcement

15.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• You must pay any outstanding fees
• You may request data export within 30 days
• Certain provisions of these Terms shall survive termination

16. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. We will notify users of material changes via:

• Email notification
• In-app notifications
• Website announcements

Continued use after modifications constitutes acceptance of revised Terms.

17. MISCELLANEOUS

17.1 Entire Agreement

These Terms constitute the entire agreement between you and Janja Homes regarding the Service.

17.2 Severability

If any provision of these Terms is found invalid, the remaining provisions shall continue in full force and effect.

17.3 Waiver

Failure to enforce any provision shall not constitute a waiver of that provision.

17.4 Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

Neither party shall be liable for delays or failures due to causes beyond their reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18. COMPLIANCE WITH LAWS

18.1 Tax Compliance

Users are responsible for:

• Complying with all applicable tax laws
• Providing accurate tax information
• Filing required tax returns
• Remitting taxes to appropriate authorities

18.2 Anti-Money Laundering

Users must not use the Service for money laundering, terrorist financing, or other illegal financial activities.

18.3 Data Protection Laws

We comply with applicable data protection laws including the Kenya Data Protection Act, 2019.

19. SPECIAL PROVISIONS FOR DIASPORA USERS

For users accessing the Service from outside Kenya:

• Service availability may vary by location
• Currency conversions are subject to prevailing exchange rates
• International transaction fees may apply
• Local laws of your jurisdiction may apply

20. CONTACT INFORMATION

For questions about these Terms, please contact us at: