Terms of Service

1. Definitions

For purposes of these Terms:

• "Account" means an account created by a User to access and use the Services.
• "Agreement" means these Terms and any additional agreement, policy, order, subscription, lease, service agreement or other legally binding document applicable to a User.
• "Content" means text, documents, photographs, images, videos, property information, tenancy information, payment information, maintenance information, messages and other materials submitted to or generated through the Services.
• "Landlord" means a person or legal entity that owns, controls, manages or is otherwise authorised to manage a property using the Services.
• "Property Manager" means a person or organisation authorised by a Landlord or property owner to manage a property or properties.
• "Tenant" means an individual or legal entity occupying or seeking to occupy a property under a tenancy, lease or other occupancy arrangement.
• "User" means any person accessing or using the Services, including Landlords, Property Managers, Tenants, occupants, agents and other authorised users.
• "Payment Services" means functionality provided by NestIQ or third-party payment service providers that enables Users to make, collect, reconcile, refund or otherwise process payments through the Services.
• "Third-Party Services" means services, websites, applications, payment processors, telecommunications providers, financial institutions, cloud providers, authentication providers or other third-party services integrated with or accessible through NestIQ.
• "Personal Data" has the meaning given to it under applicable Kenyan data-protection legislation.
• "Lease" means a lease, tenancy agreement, licence, occupancy agreement or other agreement governing occupation of a property.
• "Security Deposit" means money paid by a Tenant or other party as security for obligations under a Lease or other tenancy arrangement.

2. Acceptance of These Terms

2.1 Binding agreement

These Terms form a legally binding agreement between you and NestIQ.

By using the Services, you confirm that you have legal capacity to enter into a binding contract, the information you provide is accurate and complete, and you will comply with these Terms and applicable law.

2.2 Additional terms

Certain Services may be subject to additional terms. Where additional terms apply, they will be presented to you before or during use of the relevant Service and will form part of your agreement with NestIQ.

2.3 Changes to these Terms

NestIQ may amend these Terms from time to time. Where a material change is made, NestIQ may provide reasonable notice through the Services, email or another appropriate communication method. Continued use after the effective date of an amendment constitutes acceptance, except where applicable law requires a different form of consent.

3. Eligibility

3.1 Age requirement

You must be legally capable of entering into a binding contract under applicable law to create and maintain an Account.

If you are under the applicable age of contractual capacity, you may only use the Services where permitted by applicable law and with appropriate consent or participation from a parent, guardian or other legally authorised person.

3.2 Authority

If you use the Services on behalf of a company, landlord, property owner, partnership, trust, organisation or other legal entity, you represent and warrant that you have authority to bind that entity.

4. The NestIQ Services

NestIQ may provide functionality including:

• property management;
• property and unit records;
• landlord and tenant management;
• tenant onboarding;
• lease and tenancy workflows;
• electronic document signing;
• rent administration;
• security-deposit administration;
• payment collection;
• payment receipts;
• payment reconciliation;
• landlord payout functionality;
• maintenance and work-order management;
• tenant communications;
• notifications;
• property financial records;
• dashboards and reporting;
• document storage;
• account authentication; and
• other property-management functionality introduced by NestIQ.

NestIQ may add, modify, suspend or discontinue features from time to time.

5. NestIQ Is a Technology Platform

5.1 Platform role

Unless expressly stated otherwise in writing, NestIQ operates as a technology and property-management software platform.

NestIQ is not the owner of a property merely because the property is managed through the platform; the landlord or tenant of a property; a real-estate agent unless separately agreed; a party to a Lease solely because the Lease is created, stored or signed using NestIQ; a bank; a deposit-taking institution; an insurer; a legal adviser; a financial adviser; or a provider of professional legal, tax or accounting advice.

5.2 Independent relationships

Any landlord-tenant relationship remains primarily between the relevant parties. NestIQ does not automatically become responsible for obligations arising under a Lease between a Landlord and Tenant.

NestIQ's involvement in facilitating a transaction does not, by itself, create a landlord-tenant, agency, employment, partnership, fiduciary or joint-venture relationship between NestIQ and any User.

6. Landlord and Property Manager Responsibilities

Landlords and Property Managers are responsible for ensuring that they:

1. have lawful authority to manage each property uploaded to NestIQ;
2. provide accurate property information;
3. provide accurate rent and fee information;
4. provide accurate Tenant information;
5. comply with applicable tenancy, housing, consumer-protection, tax, licensing and other laws;
6. use lawful Lease terms;
7. do not discriminate unlawfully;
8. do not submit fraudulent or misleading information;
9. maintain appropriate records;
10. obtain any legally required consents;
11. maintain appropriate insurance where necessary;
12. comply with applicable requirements relating to Security Deposits;
13. ensure that rent demands and payment instructions are accurate;
14. resolve landlord-tenant disputes appropriately;
15. maintain properties in accordance with applicable law;
16. ensure maintenance and safety obligations are fulfilled; and
17. promptly correct inaccurate information.

NestIQ does not guarantee that a Landlord or Property Manager is legally authorised to manage any particular property.

7. Tenant Responsibilities

Tenants are responsible for:

1. providing accurate personal information;
2. providing accurate contact information;
3. paying rent and other lawful charges when due;
4. complying with their Lease;
5. using the property lawfully;
6. submitting accurate maintenance requests;
7. not abusing the work-order system;
8. protecting their Account credentials;
9. reviewing payment information before making payments;
10. notifying the relevant Landlord or Property Manager of disputes or errors; and
11. complying with applicable laws.

Use of NestIQ does not replace the Tenant's obligations under their Lease.

8. Rent and Other Payments

8.1 Payment functionality

NestIQ may enable Users to make or receive payments using supported payment methods, which may include mobile money, cards, bank payments, payment links, direct payment methods and other methods introduced by NestIQ.

8.2 Third-party payment providers

Payments may be processed by third-party payment service providers. Such providers may impose additional terms, limits, verification requirements, fees, transaction restrictions or settlement timelines. Users may be required to accept the relevant provider's terms.

8.3 Payment instructions

Users are responsible for confirming payment details before authorising a transaction. NestIQ is not responsible for losses arising from a User intentionally or negligently sending funds to incorrect payment details, except to the extent liability cannot lawfully be excluded.

8.4 Payment confirmation

A payment may be marked as pending until NestIQ or its payment provider receives sufficient confirmation that the transaction has been successfully processed. A payment initiation does not necessarily mean that funds have been successfully received.

8.5 Failed transactions

A transaction may fail, be reversed, cancelled, rejected or delayed because of insufficient funds, incorrect information, provider restrictions, network failures, fraud screening, regulatory requirements, technical problems, bank restrictions, mobile-money restrictions, card issuer restrictions or other circumstances outside NestIQ's reasonable control.

8.6 Fees

NestIQ may charge service, subscription, transaction, processing or other fees. Applicable fees will be disclosed before they become payable where required by law. Third-party providers may charge additional fees.

8.7 Taxes

Users are responsible for taxes applicable to their transactions, income, property, business or use of the Services, except for taxes that NestIQ is legally required to collect and remit.

9. Security Deposits

9.1 No automatic custodial relationship

The availability of Security Deposit functionality does not automatically mean that NestIQ holds Security Deposits as trustee, escrow agent, bank or custodian. The legal treatment of a Security Deposit depends on the applicable Lease, law and the actual payment and holding arrangement.

9.2 Landlord responsibility

Unless NestIQ expressly agrees otherwise in writing, the Landlord or Property Manager remains responsible for determining the lawful amount of a Security Deposit, explaining its purpose, holding funds in the legally required manner, accounting for the funds, determining lawful deductions and returning the Security Deposit where required.

9.3 Disputes

NestIQ does not determine whether a Landlord is legally entitled to retain all or part of a Security Deposit unless NestIQ has expressly agreed to provide such a service.

10. Payouts to Landlords and Property Managers

10.1 Eligibility

Recipients may be required to complete identity, business, banking, payment-provider or other verification processes before receiving payouts.

10.2 Payout timing

Payout timing may depend on payment-provider settlement, bank processing, mobile-money processing, fraud and compliance checks, account verification, transaction disputes, system availability, weekends, public holidays and other circumstances. NestIQ does not guarantee an exact payout time unless expressly stated.

10.3 Incorrect payout information

Recipients are responsible for providing accurate payout information. NestIQ is not responsible for losses caused by inaccurate account, bank, mobile-money or beneficiary information supplied by the recipient, except where liability cannot legally be excluded.

10.4 Suspended payouts

NestIQ may temporarily delay or suspend a payout where reasonably necessary to investigate suspected fraud, comply with law, respond to a payment dispute, satisfy payment-provider requirements, verify account ownership, prevent unauthorised transactions or protect Users or NestIQ.

11. Leases and Electronic Documents

11.1 Lease facilitation

NestIQ may provide tools for creating, presenting, signing, storing or managing Lease documents. NestIQ does not guarantee that a Lease generated or stored through the platform is appropriate for every property or legal situation.

11.2 Independent legal responsibility

The parties to a Lease remain responsible for ensuring that the Lease accurately reflects their agreement, complies with applicable law, contains legally enforceable terms, identifies the correct parties and property, correctly states rent and other charges, correctly states Security Deposit requirements and satisfies applicable formalities.

11.3 Electronic signatures

Where electronic signatures are used through NestIQ, Users consent to electronic execution where permitted by applicable law. An electronic record or signature must not be treated as invalid solely because it is electronic where applicable law recognises electronic transactions or signatures.

11.4 No legal advice

Templates or information provided by NestIQ do not constitute legal advice. Users should obtain independent legal advice where appropriate.

12. Maintenance and Work Orders

NestIQ may allow Tenants to submit maintenance requests and Landlords or Property Managers to manage work orders.

NestIQ does not guarantee the availability of contractors, the quality of contractor work, contractor licensing, contractor pricing, completion times, property safety or the outcome of maintenance work.

Where NestIQ facilitates communication with a contractor, the contractor may be an independent third party. Any contract for maintenance services may be between the relevant parties and not NestIQ.

13. User Accounts and Authentication

13.1 Account security

You are responsible for protecting your Account credentials. You must not share passwords or authentication links, allow unauthorised persons to access your Account, attempt to bypass authentication, impersonate another person or use another person's Account without permission.

13.2 Account information

You must maintain accurate Account information. NestIQ may request verification where reasonably necessary for security, payments, fraud prevention or legal compliance.

13.3 Magic links and authentication

Where NestIQ uses email links, one-time codes, passwords or similar authentication methods, Users must keep authentication credentials confidential. Anyone with access to an authentication link or authentication method may potentially gain access to the associated Account. Users should immediately notify NestIQ of suspected unauthorised access.

14. Acceptable Use

You must not use the Services to:

1. commit or facilitate a crime;
2. commit fraud;
3. launder money;
4. finance terrorism;
5. impersonate another person;
6. submit false identity information;
7. upload malicious software;
8. interfere with the operation of the Services;
9. reverse engineer the Services except where legally permitted;
10. attempt to gain unauthorised access;
11. probe or scan the platform for vulnerabilities without authorisation;
12. scrape or harvest data without permission;
13. overload or disrupt the platform;
14. upload unlawful content;
15. violate another person's intellectual-property rights;
16. misuse payment functionality;
17. create fraudulent transactions;
18. manipulate payment records;
19. circumvent fees or transaction controls;
20. use the Services to harass, threaten or abuse another person;
21. discriminate unlawfully;
22. submit misleading property information;
23. use the Services for unlawful eviction or unlawful recovery of property;
24. interfere with another User's Account;
25. distribute spam;
26. distribute malware or phishing content;
27. exploit vulnerabilities;
28. use automated systems in a manner that materially harms the Services;
29. attempt to obtain information belonging to another User without authorisation; or
30. otherwise use the Services in violation of applicable law.

15. User Content and Intellectual Property

15.1 Ownership

You retain ownership of Content that you lawfully own and submit to NestIQ.

15.2 Licence to NestIQ

By uploading or submitting Content, you grant NestIQ a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, transmit, display and otherwise use that Content solely as reasonably necessary to provide and operate the Services, provide support, prevent fraud and abuse, improve platform functionality, comply with law and enforce these Terms.

15.3 User warranties

You represent that you have the necessary rights and permissions to submit Content to NestIQ. You must not upload Content that unlawfully infringes another person's rights.

15.4 NestIQ intellectual property

The Services and all NestIQ-owned materials, including software, source code, designs, interfaces, logos, trademarks, graphics, text, databases, documentation, algorithms, platform architecture and branding, are owned by or licensed to NestIQ and protected by applicable intellectual-property laws.

Except as expressly permitted by these Terms, you may not copy, modify, reproduce, distribute, sell, license, lease, reverse engineer, decompile, create derivative works from or commercially exploit NestIQ intellectual property.

15.5 Feedback

If you submit suggestions, ideas, recommendations, bug reports or other feedback regarding NestIQ, you grant NestIQ the right to use that feedback without compensation or attribution, provided that such use does not unlawfully disclose your Personal Data.

16. Privacy and Personal Data

NestIQ processes Personal Data in accordance with applicable Kenyan data-protection law and the NestIQ Privacy Policy.

The Privacy Policy explains what Personal Data NestIQ collects, why it is collected, how it is used, how it is stored, data-sharing practices, data-subject rights, retention, security measures and how Users can exercise their rights.

Nothing in these Terms limits any mandatory rights available to a data subject under applicable law.

16.1 Landlord-provided Tenant Data

Where a Landlord or Property Manager provides NestIQ with Tenant information, the Landlord or Property Manager is responsible for ensuring that it has an appropriate lawful basis and any necessary permissions or notices required for providing that information to NestIQ.

Where NestIQ processes Personal Data on behalf of a Landlord or Property Manager, the parties may have additional obligations under applicable data-protection legislation. NestIQ may require a separate data-processing agreement where appropriate.

17. Data Security and Service Availability

17.1 Security

NestIQ will implement reasonable technical and organisational safeguards designed to protect information against unauthorised access, loss, alteration, disclosure or destruction. However, no internet-connected service can guarantee absolute security.

Users acknowledge that internet transmission carries inherent risks, authentication credentials must be protected, secure devices should be used, suspected compromise should be reported promptly and NestIQ cannot guarantee that unauthorised persons will never defeat security measures.

17.2 Availability

NestIQ aims to provide reliable Services but does not guarantee uninterrupted or error-free operation. The Services may occasionally be unavailable because of maintenance, upgrades, outages, cyberattacks, telecommunications failures, internet failures, payment-provider failures, cloud-provider failures, force majeure, regulatory action or other circumstances.

17.3 Modifications

NestIQ may add features, remove features, change interfaces, modify functionality, change technical requirements, introduce new charges or discontinue parts of the Services. Where a change materially affects a paid Service, NestIQ will provide notice where required by applicable law or contract.

18. Suspension and Termination

18.1 Suspension

NestIQ may suspend or restrict an Account where reasonably necessary to prevent fraud, protect the platform, investigate suspicious activity, comply with law, respond to security threats, address non-payment, investigate misuse or enforce these Terms.

18.2 Termination by User

You may stop using the Services at any time. Where Account deletion is available, you may request deletion through the applicable Account controls or by contacting NestIQ.

18.3 Termination by NestIQ

NestIQ may terminate an Account where the User materially breaches these Terms, engages in unlawful activity, creates a material security risk, engages in fraud, repeatedly violates these Terms, termination is required by law or the Services are permanently discontinued.

18.4 Effect of termination

Upon termination, access to the Account may be disabled and certain Services may cease. Outstanding payment obligations may remain payable, legally required records may be retained, and provisions intended to survive termination will continue. Termination does not automatically cancel a separate Lease between a Landlord and Tenant.

18.5 Data after termination

NestIQ may retain certain information after Account termination where reasonably necessary to comply with legal obligations, resolve disputes, prevent fraud, enforce agreements, maintain accounting records, satisfy regulatory requirements or otherwise comply with applicable law. Where permitted and appropriate, Personal Data will be deleted or anonymised in accordance with NestIQ's retention practices and applicable law.

19. Disclaimers and Limitation of Liability

19.1 Disclaimers

To the maximum extent permitted by applicable law, the Services are provided on an "as available" and "as is" basis.

NestIQ does not warrant that the Services will always be available or error-free; information supplied by Users will be accurate; every payment will succeed; every payout will occur within a particular period; every Lease created using the Services will be legally enforceable; every property listed on the platform is legally available for occupation; every Landlord is authorised to manage a property; every Tenant is genuine or financially capable; maintenance work will be completed satisfactorily; third-party services will remain available; the Services will satisfy every User's particular requirements; or the Services are free from all security vulnerabilities.

Nothing in these Terms excludes a warranty or legal right that cannot lawfully be excluded.

19.2 No legal, tax or financial advice

Information provided by NestIQ is for general informational and administrative purposes. NestIQ does not provide legal, tax, accounting, investment, financial, insurance or professional property-law advice. Users should obtain advice from an appropriately qualified professional where necessary.

19.3 Limitation of liability

To the maximum extent permitted by applicable law, NestIQ will not be liable for indirect, incidental, special, consequential or punitive losses arising from use of the Services, including loss of profits, revenue, business opportunities, goodwill, anticipated savings, data or business interruption.

NestIQ's aggregate liability arising from a User's use of the Services shall, to the maximum extent permitted by applicable law, be limited to the greater of:

1. the amount paid by that User to NestIQ for the relevant Services during the twelve (12) months immediately preceding the event giving rise to the claim; or
2. KES 10,000.

This limitation does not apply to liability that cannot lawfully be limited or excluded under applicable law. Nothing in these Terms limits liability for fraud, fraudulent misrepresentation or other liability that applicable law prohibits NestIQ from limiting.

19.4 User indemnification

To the maximum extent permitted by law, you agree to indemnify and hold harmless NestIQ, its directors, officers, employees, contractors and service providers from claims, losses, liabilities, damages, costs and expenses arising from your breach of these Terms, unlawful use of the Services, fraudulent activity, Content you submit, infringement of another person's rights, your Lease or tenancy relationship, inaccurate property information, misuse of payment functionality, unauthorised use of your Account or violation of applicable law.

This indemnity does not apply to losses caused by NestIQ's own unlawful conduct to the extent prohibited by applicable law.

20. Consumer Rights and Disputes

20.1 Consumer rights

Nothing in these Terms is intended to remove, restrict or waive any mandatory rights or remedies granted to consumers by applicable Kenyan law. Where a provision of these Terms is inconsistent with a mandatory statutory consumer protection, the applicable law will prevail.

20.2 Disputes between Users

NestIQ is generally not responsible for resolving disputes between Landlords and Tenants, Property Managers and Tenants, Landlords and contractors, Tenants and contractors or other Users.

Users should first attempt to resolve disputes directly and in good faith. Where NestIQ is directly involved in the relevant transaction, NestIQ may provide reasonable administrative assistance but does not necessarily act as an arbitrator, tribunal or court.

20.3 Complaints against NestIQ

If you have a complaint concerning NestIQ, you should first contact NestIQ through the support channels provided on the website or within the Services. NestIQ will review complaints in accordance with its applicable internal procedures and applicable law.

20.4 Dispute resolution

Before commencing formal proceedings, the parties should, where reasonably possible, attempt to resolve a dispute through good-faith discussions. Where appropriate and legally permissible, the parties may agree to mediation or another alternative dispute-resolution process.

Nothing prevents a party from seeking urgent or otherwise appropriate relief from a court of competent jurisdiction.

21. Governing Law and Kenyan Legal Compliance

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, except where mandatory applicable law requires otherwise.

Subject to applicable consumer-protection rights and any valid alternative dispute-resolution agreement, disputes shall be subject to the jurisdiction of the courts of Kenya.

NestIQ and Users intend that the Services be operated in accordance with applicable Kenyan law, including, where applicable:

• the Constitution of Kenya;
• the Data Protection Act, 2019;
• applicable Data Protection Regulations;
• the Consumer Protection Act, 2012;
• the Kenya Information and Communications Act and applicable regulations;
• the Computer Misuse and Cybercrimes Act, 2018;
• applicable anti-money-laundering and counter-terrorism financing legislation;
• applicable tax laws;
• applicable tenancy and housing legislation; and
• other applicable laws and regulations.

Where applicable law changes, NestIQ may modify the Services and these Terms to maintain legal compliance.

22. Anti-Fraud and Financial Crime

NestIQ may implement reasonable controls designed to detect and prevent fraud, identity theft, money laundering, terrorist financing, payment abuse, account takeover, suspicious transactions and other financial crime.

NestIQ may request additional information or verification where reasonably necessary. NestIQ may restrict or suspend transactions where required by law or reasonably necessary to protect Users, payment providers or NestIQ.

Where required by law, NestIQ may report or disclose information to competent authorities.

23. Notices and Electronic Communications

NestIQ may provide notices through email, SMS, in-app notifications, website notices, Account notifications or other reasonable electronic means. You are responsible for maintaining an accurate email address and contact information.

By using the Services, you consent to receiving electronic communications from NestIQ relating to Account activity, payments, security, maintenance, leases, work orders, service updates, legal notices and other matters relating to the Services.

Marketing communications will be handled in accordance with applicable law and available consent or opt-out requirements.

24. Third-Party Services and Links

The Services may integrate with third parties, including payment providers, financial institutions, authentication providers, hosting providers, communications providers and other technology providers. Third-party services are governed by their own terms and policies.

NestIQ is not responsible for third-party services to the extent permitted by law. If a third-party service becomes unavailable, NestIQ may be unable to provide associated functionality.

The Services may also contain links to third-party websites. NestIQ does not control third-party websites and is not responsible for their content, availability, security or privacy practices.

25. Force Majeure

NestIQ will not be responsible for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, floods, earthquakes, fires, epidemics or pandemics, war, terrorism, civil unrest, strikes, government action, regulatory restrictions, telecommunications outages, internet failures, power failures, cyberattacks, payment-network failures, banking failures, cloud-provider failures or other events beyond NestIQ's reasonable control.

26. Assignment

You may not transfer or assign your rights or obligations under these Terms without NestIQ's prior written consent, except where applicable law permits otherwise.

NestIQ may assign or transfer its rights and obligations in connection with a merger, acquisition, restructuring, sale of assets, corporate reorganisation or transfer of the Services, provided that such transfer does not unlawfully diminish mandatory User rights.

27. Severability and No Waiver

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be modified or severed to the minimum extent necessary, and the remaining provisions will remain in effect.

Failure by NestIQ to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision later.

28. Entire Agreement

These Terms, together with the Privacy Policy, applicable payment terms, applicable subscription terms, applicable service-specific agreements and any other documents expressly incorporated into these Terms, constitute the agreement between you and NestIQ concerning your use of the Services.

29. Survival

The provisions concerning intellectual property, payment obligations, User Content, privacy and data protection, disclaimers, limitations of liability, indemnification, dispute resolution, governing law and any provisions that by their nature should survive termination will continue after termination.

30. Enterprise and Property Management Accounts

NestIQ may offer accounts designed for landlords, property-management companies or organisations managing multiple properties. Additional commercial terms may apply, including subscription fees, user limits, property limits, API limits, storage limits, support levels, payment-processing fees and additional security requirements.

Where an enterprise agreement exists, that agreement will govern to the extent of any conflict.

31. API and Integrations

Where NestIQ provides an API, Users must use API credentials securely, comply with applicable rate limits, not share secret credentials publicly, not use APIs for unlawful activity, not attempt to circumvent technical restrictions and comply with applicable API documentation and terms.

NestIQ may revoke API access where necessary to protect the platform or comply with law.

32. Automation and Artificial Intelligence

Certain NestIQ features may automatically generate receipts, calculate balances, send reminders, update payment statuses, create work-order notifications, reconcile transactions, generate reports or perform other administrative functions. Automated results may contain errors. Users remain responsible for reviewing important financial, tenancy and legal information before relying upon it.

If NestIQ introduces artificial-intelligence-powered functionality, such features may produce inaccurate, incomplete or inappropriate results. AI-generated content should not be treated as legal, financial, tax or professional advice. Additional terms may apply to AI features.

33. Security Vulnerability Reporting

If you discover a security vulnerability affecting NestIQ, you should report it promptly through NestIQ's designated security contact.

You must not exploit the vulnerability, access data belonging to other Users, disrupt the Services, publicly disclose the vulnerability before NestIQ has had a reasonable opportunity to investigate or use the vulnerability for personal gain.

34. Children and Minors

NestIQ is not intended to collect unnecessary Personal Data from children. Where a minor is involved in a tenancy or another lawful use of the Services, the relevant parent, guardian or legally authorised person may be required to provide appropriate consent or act on the minor's behalf where required by law.

35. Accessibility

NestIQ aims to make its Services reasonably accessible to Users. Compatibility may vary depending on device, operating system, browser, internet connection, assistive technology and third-party software. Users should notify NestIQ of accessibility barriers so that reasonable improvements can be considered.

36. Pricing, Subscriptions and Promotions

NestIQ may change subscription or service pricing. Where applicable, Users will receive reasonable notice before a new price applies to an existing paid subscription, subject to the relevant subscription agreement and applicable law.

Where NestIQ offers paid subscriptions, the subscription period, applicable fees, recurring billing authorisation, cancellation terms and other material conditions will be identified before purchase, subject to applicable law.

NestIQ may offer free trials, promotional periods, discounts or credits. Unless otherwise stated, promotions may be subject to additional conditions, may not be transferable and may expire at the end of the stated promotional period.

37. Export and Records

Where functionality is available, Users may be able to export certain Account information. Export functionality may be subject to technical limitations, security restrictions, applicable law, third-party restrictions and the format supported by NestIQ.

NestIQ may maintain electronic records of logins, Account activity, payments, changes to property information, Lease-related actions, signatures, work orders, communications and other platform activity for security, administration, dispute resolution, compliance and other legitimate purposes, subject to applicable law.

38. Fraudulent or Unauthorised Transactions

If you believe that a transaction or Account activity is unauthorised, you must notify NestIQ as soon as reasonably possible. NestIQ may request supporting information.

Users should also contact the relevant bank, mobile-money provider, card issuer or payment provider where appropriate. NestIQ does not guarantee reimbursement of an unauthorised transaction and any reimbursement will depend on applicable law, the circumstances of the transaction and the relevant payment provider's rules.

39. Property Ownership Disputes

NestIQ does not determine ownership of property. If multiple persons claim ownership or management authority over a property, NestIQ may require documentary evidence before allowing continued management or payment functionality and may suspend relevant functionality while ownership or authority is investigated.

40. Illegal Evictions and Unlawful Conduct

NestIQ does not authorise or facilitate unlawful eviction, harassment, intimidation, discrimination or other unlawful conduct against Tenants or property occupants. Users must comply with all applicable legal requirements relating to termination of tenancies, notices, eviction procedures and recovery of possession.

41. No Guarantee of User Performance

NestIQ does not guarantee that a Tenant will pay rent, a Landlord will provide required services, a Tenant will maintain a property, a Landlord will return a Security Deposit, a contractor will complete work or any User will comply with their contractual obligations.

42. Local Law and Property-Specific Requirements

Different properties and tenancy arrangements may be subject to different legal requirements. Users are responsible for determining which laws apply to their specific circumstances.

Nothing in NestIQ's templates, workflows or automated features should be interpreted as confirmation that a particular transaction complies with every applicable legal requirement.

43. Government and Regulatory Requests

NestIQ may disclose information where required or permitted by law, including in response to court orders, lawful government requests, regulatory requirements, law-enforcement requests, investigations or other legally valid processes. NestIQ will comply with applicable data-protection and confidentiality obligations.

44. Confidentiality

NestIQ will handle confidential business and personal information in accordance with applicable law and its Privacy Policy. Users must not disclose confidential information obtained through the Services where they are legally or contractually required to keep it confidential.

45. Business and Professional Users

Where a User accesses NestIQ for business or commercial purposes, that User represents that it is properly authorised to enter into these Terms, will comply with applicable commercial and regulatory requirements, will maintain appropriate records, will ensure employees and authorised representatives comply with these Terms and will not use NestIQ in a manner that creates unlawful liability for NestIQ.

46. Notices to Landlords

If you are a Landlord or Property Manager, you acknowledge that NestIQ is a technology platform and that you remain responsible for your properties, Tenants, Leases, rent obligations, Security Deposits, maintenance obligations, legal notices, taxes, regulatory compliance and the accuracy of information entered into NestIQ. NestIQ does not replace your legal responsibilities as a property owner or manager.

47. Notices to Tenants

If you are a Tenant, you acknowledge that using NestIQ does not replace your Lease. Your obligations concerning rent, deposits, property use, repairs, notices, termination, utilities and other tenancy matters are primarily determined by your Lease and applicable law.

48. Electronic Acceptance

Where you are presented with a button, checkbox, electronic signature, confirmation mechanism or similar method to accept these Terms, selecting or completing that mechanism constitutes your electronic acceptance of these Terms to the extent permitted by applicable law. Electronic records of your acceptance may be retained by NestIQ.

49. Acknowledgement

By using NestIQ, you acknowledge that you have read these Terms, understand them, agree to comply with them, understand that NestIQ is primarily a technology platform, understand that Landlord-Tenant relationships remain governed by applicable agreements and law, understand that payment services may involve third-party providers, understand that electronic records and communications may be used, understand that Personal Data will be processed in accordance with applicable privacy legislation and the Privacy Policy, and understand that you should obtain independent professional advice where appropriate.

50. Version Control

Version: 1.0
Effective Date: 27 August 2026
Last Updated: 27 August 2026

NestIQ may maintain previous versions of these Terms for legal and administrative purposes.

51. Final Legal Provision

If any provision of these Terms conflicts with a mandatory provision of Kenyan law, the mandatory provision shall prevail to the extent of the conflict.

Except where prohibited by law, all remaining provisions shall remain in full force and effect.

These Terms are intended to establish a clear legal framework for the provision and use of NestIQ's Services while preserving all mandatory rights and remedies available under applicable law.

52. Contact Information

NestIQ's current contact information should be displayed on the official NestIQ website.

For legal notices, complaints or other formal communications:

NestIQ [INSERT FULL LEGAL ENTITY NAME]
Registered Address: [INSERT ADDRESS]
Physical Address: [INSERT ADDRESS]
Email: [INSERT LEGAL/GENERAL EMAIL]
Telephone: [INSERT TELEPHONE NUMBER]
Website: nestiq.ke