1. Introduction

These Terms of Service ("Terms") govern your access to and use of Nyumba ("Nyumba", "we", "us", "our"), a property and tenant management platform for landlords, property managers, and caretakers in Kenya, including the associated web application, tenant portal, and any related services (collectively, the "Service").

By creating an account, logging in, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

2. Who Can Use Nyumba

Nyumba is intended for use by individuals and businesses who are at least 18 years old and legally able to enter into binding contracts, including landlords, property managers, caretakers ("Account Users"), and their tenants, who access a limited tenant-facing portal ("Tenant Users").

3. Account Registration

• You must provide accurate, current, and complete information when creating an account, and keep it up to date.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• An account owner may invite additional users (managers, caretakers) to their account and assign them roles and property access. The account owner is responsible for the conduct of users they invite.
• You must notify us promptly if you suspect unauthorized use of your account.

4. What Nyumba Does

Nyumba helps landlords and property managers organise properties, units, tenants, leases, invoices, payments, utility billing, maintenance requests, and tenant communication. Depending on your plan, this may include:

• Automated invoice generation and M-Pesa payment reconciliation.
• SMS notifications to tenants (rent reminders, receipts, announcements).
• A self-service tenant portal where tenants can view their balance, ledger, and submit maintenance or move-out requests.
• Reporting tools covering rent collection, occupancy, expenses, and utilities.

Nyumba is a software tool. We are not a party to the tenancy agreement between you and your tenants, and we do not manage, own, or take responsibility for the properties or tenancies listed on the platform.

5. Your Responsibilities as a Landlord/Account User

• You are solely responsible for the accuracy of the property, tenant, lease, financial, and payment information you enter into Nyumba.
• You are responsible for complying with all applicable laws relating to your tenancies, including landlord-tenant law, fair housing practices, and data protection law in respect of the tenant information you upload.
• You must have a lawful basis for collecting and storing the personal data of your tenants (name, phone number, ID number, and related tenancy/financial data) that you enter into the Service, and for sending them communications through it.
• You must not use the Service to harass, discriminate against, or unlawfully collect data from tenants or any other person.

6. Tenant Portal

Tenants may access a limited portal to view their own tenancy information (property, unit, balance, ledger, payment instructions) and to submit maintenance or move-out requests, using a phone-number and one-time-passcode (OTP) login. Tenants do not create the account that contains their data — this is entered and managed by their landlord or property manager, who remains responsible for its accuracy.

A tenant may request correction or removal of their own personal information by contacting their landlord/property manager directly, as they control that data within the Service.

7. Subscription Plans, Billing & Payments

• Nyumba offers a free trial ("Explore") plan and paid subscription plans with monthly or yearly billing, as displayed in the app at the time of purchase.
• Paid plans are billed via M-Pesa. By initiating a payment, you authorise the corresponding charge for the plan and billing cycle selected.
• Subscriptions do not renew automatically without a new payment being made; if your plan expires and is not renewed, access to the Service will be restricted until payment is completed, though your data is retained and not deleted for this reason alone.
• Fees are generally non-refundable except where required by law or expressly stated otherwise, as Nyumba provides ongoing access to software rather than a one-time deliverable.
• We may change our pricing from time to time; changes will not apply retroactively to a billing period you have already paid for.

8. SMS Credits & Third-Party Messaging

SMS features are provided through a third-party SMS gateway. Each plan includes a monthly allowance of SMS credits; sending SMS beyond your available credits will not be possible until credits are topped up or renewed. We are not responsible for delivery delays or failures caused by mobile network operators or third-party messaging providers outside our control.

9. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose, or to send spam, fraudulent, deceptive, or harassing communications;
• Attempt to gain unauthorised access to any part of the Service, other accounts, or underlying infrastructure;
• Interfere with or disrupt the integrity or performance of the Service;
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except where permitted by law;
• Use the Service to store or transmit data you do not have the right to collect or share.

10. Data Ownership

As between you and Nyumba, you retain ownership of the property, tenant, and financial data you enter into the Service. We do not claim ownership of your data and will not sell it. Our use of your data is governed by our Privacy Policy.

11. Service Availability

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. The Service may occasionally be unavailable for maintenance, updates, or reasons outside our control, including outages of third-party providers we depend on (such as M-Pesa, SMS gateways, or cloud hosting).

12. Intellectual Property

The Nyumba name, logo, interface design, and underlying software are the property of Nyumba/Edroniq Technologies and are protected by applicable intellectual property laws. These Terms do not grant you any rights to our trademarks or branding beyond what is necessary to use the Service as intended.

13. Limitation of Liability

To the maximum extent permitted by law, Nyumba shall not be liable for indirect, incidental, or consequential damages arising from your use of the Service, including loss of rental income, loss of data, or disputes between you and your tenants. The Service is provided "as is" and "as available," without warranties of any kind except as required by applicable law.

14. Termination

You may stop using the Service at any time. We may suspend or terminate accounts that violate these Terms, engage in unlawful activity, or pose a security risk to the Service or other users. Where reasonably possible, we will provide notice before termination.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes to the Service or legal requirements. Material changes will be communicated through the app or by other reasonable means. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. Governing Law

These Terms are governed by the laws of the Republic of Kenya. Any disputes arising from these Terms or your use of the Service shall be subject to the jurisdiction of the courts of Kenya.

17. Contact Us

For questions about these Terms, reach us on WhatsApp at +254 705 056 343.