Terms of Service

1. Introduction & Agreement to Terms

Welcome to SpotLetting, a property management platform operated by Malipo Popote Solutions Ltd. These Terms of Service ("Terms") govern your access to and use of the SpotLetting website, mobile applications, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you may not use our Service.

Please read these Terms carefully, as they contain important information about your legal rights, remedies, and obligations.

2. Definitions

To help you understand these Terms, here are definitions of key terms:

• "Service" refers to the SpotLetting website, mobile applications, and all services provided by SpotLetting.
• "Platform" refers to the technology and infrastructure that powers the Service.
• "User" refers to any individual or entity that accesses or uses the Service.
• "Landlord" refers to a User who lists properties for rent on the Platform.
• "Tenant" refers to a User who rents or seeks to rent properties listed on the Platform.
• "Agent" refers to a User who acts as an intermediary between Landlords and Tenants.
• "Content" refers to all information, text, graphics, photos, videos, messages, listings, and other materials submitted, posted, or displayed by Users on the Service.
• "Subscription" refers to a paid plan that grants access to premium features of the Service.

3. Use of Our Services

Eligibility

To use the Service, you must be at least 18 years old and have the legal capacity to enter into binding contracts. If you are accessing the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Account Registration & Security

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Acceptable Use Policy

When using our Service, you agree not to:

• Use the Service for any illegal purpose or in violation of any laws, including housing discrimination laws.
• Post false, inaccurate, misleading, deceptive, or offensive Content.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Infringe or violate the intellectual property rights or any other rights of others.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service.
• Use the Service to transmit any viruses, malware, or other harmful code.
• Harvest or collect email addresses or other contact information of other Users from the Service.
• Create multiple accounts for disruptive or abusive purposes.

4. Subscription Plans, Fees, and Payment

SpotLetting offers various subscription plans with different features and pricing. Complete information about our subscription plans is available on our Pricing page.

By subscribing to a paid plan, you agree to the following:

• Billing Cycles: Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan.
• Automatic Renewal: Your subscription will automatically renew until you cancel it.
• Taxes: All fees are exclusive of taxes, which will be added where applicable.
• Payment Methods: We accept various payment methods, including credit cards, mobile money, and bank transfers. You authorize us to charge your chosen payment method for all fees incurred.
• Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period.
• Refunds: We do not provide refunds for partial subscription periods or for periods during which you did not use the Service.

We reserve the right to change our subscription plans or adjust pricing at any time. If we make changes, we will provide notice through the Service or via email.

5. User Content

You retain ownership of all Content you submit, post, or display on or through the Service. By providing Content on the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods for the purpose of operating and improving the Service.

You are solely responsible for the Content you post on the Service, including its legality, reliability, and appropriateness. You represent and warrant that you own or have the necessary rights to post any Content and that your Content does not violate the rights of any third party, including intellectual property rights or privacy rights.

We reserve the right to remove any Content that violates these Terms or that we find objectionable for any reason, without prior notice.

6. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of SpotLetting and its licensors. The Service is protected by copyright, trademark, and other laws of both Kenya and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

SpotLetting grants you a limited, non-exclusive, non-transferable, and revocable license to use the Service for its intended purposes subject to these Terms. You may not:

• Modify, distribute, or create derivative works based on the Service or its content.
• Decompile, reverse engineer, or disassemble the Service or any part thereof.
• Access the Service to build a similar or competitive product or service.
• Copy, reproduce, or replicate any features, functions, or graphics of the Service.

7. Third-Party Services & Links

The Service may contain links to third-party websites or services that are not owned or controlled by SpotLetting. The Service may also integrate with third-party services, such as payment processors, background check providers, and communication tools.

SpotLetting has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that SpotLetting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

8. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPOTLETTING AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SPOTLETTING MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PROPERTIES, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

SPOTLETTING DOES NOT GUARANTEE THE ACCURACY OF ANY PROPERTY LISTINGS OR OTHER USER CONTENT. YOU ACKNOWLEDGE THAT SPOTLETTING DOES NOT VERIFY THE ACCURACY OF PROPERTY LISTINGS, USER REVIEWS, OR OTHER USER CONTENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPOTLETTING, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPOTLETTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

IN NO EVENT SHALL SPOTLETTING'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO SPOTLETTING DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless SpotLetting, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your User Content or your use of the Service.
• Your violation of any rights of another person or entity.
• Your violation of any applicable laws, rules, or regulations.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account through the account settings.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall be resolved as follows:

• Informal Resolution: We encourage you to contact us first to seek an informal resolution of any disputes.
• Mediation: If the dispute cannot be resolved informally, either party may initiate mediation by a neutral mediator agreed upon by both parties.
• Arbitration: If mediation is unsuccessful, the dispute shall be settled by binding arbitration in accordance with the Arbitration Act of Kenya. The arbitration shall take place in Nairobi, Kenya.
• Court Proceedings: For any disputes not subject to mandatory arbitration, you agree to submit to the exclusive jurisdiction of the courts located in Nairobi, Kenya.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last Updated" date. For significant changes, we may provide additional notice, which may include notification via email for registered users.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, please stop using the Service.

14. General Provisions

• Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
• Waiver: No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
• Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by SpotLetting on the Service, constitute the entire agreement between you and SpotLetting concerning the Service.
• Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without SpotLetting's prior written consent. SpotLetting may freely assign or transfer these Terms without restriction.

15. Contact Information

If you have any questions about these Terms, please contact us at: