1. Definitions

• "Platform" means the RealtifyPro web application, including all subdomains, mobile-responsive interfaces, and related APIs.
• "Subscriber" means the organisation (agent, landlord, or agency) that creates a workspace and is responsible for the subscription.
• "Workspace" means a unique tenant organisation on the platform, identified by a subdomain such as example.realtifypro.com.
• "End User" means any individual granted access to a Workspace, including tenants, landlords, and staff invited by the Subscriber.
• "Content" means any data, documents, photos, or information uploaded to the Platform.

2. Eligibility & Account Registration

You must be at least 18 years old and legally capable of entering into binding contracts under Kenyan law to use RealtifyPro. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the confidentiality of your login credentials.
• Notify us immediately of any unauthorised access to your account.
• Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts created with false information, belonging to bots, or used to circumvent these Terms.

3. Workspace Approval

New workspaces are reviewed by our team before activation. We reserve the right, at our sole discretion, to approve, reject, or suspend any workspace. Approval typically takes 24–48 hours on business days.

4. Subscription & Billing

4.1 Plans

RealtifyPro offers tiered subscription plans (Starter, Growth, Enterprise) with published prices in Kenya Shillings (KES). Plan details, prices, and features are available at realtifypro.com and are subject to change with 30 days' notice.

4.2 Free Trial

New Subscribers receive a 14-day free trial of the Growth plan. After the trial, a 7-day grace period applies before write access is restricted. You may subscribe at any time to convert the trial into a paid subscription.

4.3 Payment

Subscriptions are billed monthly or annually in advance via Stripe. Annual subscriptions are offered at a 15% discount. All fees are quoted exclusive of Value Added Tax (VAT) unless otherwise stated. VAT at the prevailing rate (currently 16%) will be added where applicable under the Kenya VAT Act, 2013.

4.4 Refunds

Subscription fees are non-refundable except where required by law. If you cancel mid-cycle, you retain access until the end of the billing period. No prorated refunds are issued for partial months.

4.5 Late Payment

If payment fails, we will notify you and attempt to retry for up to 7 days. Continued non-payment will result in suspension of write access, followed by account deactivation after 30 days.

5. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose or in violation of Kenyan law.
• Upload false, misleading, defamatory, or discriminatory content.
• Attempt to access, probe, or scan the Platform's vulnerabilities.
• Reverse-engineer, decompile, or attempt to extract the Platform's source code.
• Use the Platform to harass, abuse, or harm tenants, landlords, or staff.
• Share your workspace with unauthorised third parties.
• Use the Platform to collect or store personal data of individuals who have not consented.
• Interfere with or disrupt the integrity or performance of the Platform.
• Use automated means (bots, scrapers) to extract data from the Platform without our written consent.

6. Property Listings & Content

You retain all ownership rights to property data, photographs, lease agreements, and tenant information you upload ("Your Content"). By uploading Your Content, you grant us a limited, non-exclusive licence to host, store, display, and process it solely for the purpose of providing the Platform.

You represent and warrant that:

• You own or have the right to upload Your Content.
• Your Content does not infringe any third party's intellectual property or privacy rights.
• Property listings are accurate and not misleading.
• Tenant personal data is collected with proper consent and in compliance with the Data Protection Act, 2019.

7. M-Pesa & Payment Facilitation

RealtifyPro integrates with Safaricom's Daraja API to facilitate M-Pesa STK Push payments between tenants and your workspace. We act solely as a payment facilitator, not as a financial institution. Key points:

• You are responsible for maintaining a valid M-Pesa paybill, till number, or short code registered with Safaricom.
• All payments settle directly to your Safaricom paybill/till, not to RealtifyPro.
• We do not hold customer funds at any point.
• Disputes regarding payment transactions should be directed first to Safaricom, then to us for reconciliation support.
• Transaction logs are available in your workspace for reconciliation and audit purposes.

8. Data Protection

Our collection and processing of personal data is governed by our Privacy Policy, which complies with the Kenya Data Protection Act, 2019. By using the Platform, you acknowledge and accept our privacy practices.

As a Subscriber, you are the Data Controller for tenant and landlord data in your workspace. You are responsible for obtaining appropriate consent, providing tenants with notice of processing, and responding to data subject requests. We act as your Data Processor under a Data Processing Agreement (available upon request).

9. Intellectual Property

The Platform, including its software, design, trademarks, and documentation, is the exclusive property of Devmust Technologies Limited and is protected by Kenyan and international copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our name, logos, or branding without our prior written consent.

10. Service Availability & Maintenance

We strive to maintain 99.5% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be announced at least 24 hours in advance where possible. We are not liable for downtime caused by:

• Force majeure events (natural disasters, strikes, government actions).
• Internet service provider outages.
• Third-party service failures (Safaricom, Stripe, Google, Africa's Talking).
• Emergency security patches.

11. Limitation of Liability

To the maximum extent permitted by Kenyan law, Devmust Technologies Limited shall not be liable for:

• Indirect, incidental, consequential, special, or punitive damages.
• Loss of profits, revenue, data, goodwill, or business opportunity.
• Damages arising from your misuse of the Platform or breach of these Terms.
• Damages arising from third-party services (Safaricom, Stripe, Google, Africa's Talking).
• Unauthorised access resulting from your failure to safeguard credentials.

Our total aggregate liability to you in any 12-month period shall not exceed the total subscription fees you paid to us in that period.

12. Indemnity

You agree to indemnify, defend, and hold harmless Devmust Technologies Limited, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Platform.
• Your breach of these Terms.
• Your Content uploaded to the Platform.
• Your violation of any law or third-party rights.

13. Termination

You may terminate your subscription at any time from your billing page. Upon termination:

• Access to the Platform ends at the close of your current billing period.
• You have 30 days to export Your Content (CSV/PDF downloads available from each module).
• After 30 days, your workspace and data will be permanently deleted, except financial records retained for 7 years as required by the Kenya Income Tax Act.

We may suspend or terminate your account immediately if you breach these Terms, fail to pay, or engage in unlawful conduct.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email at least 30 days before they take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya. Any dispute arising out of or in connection with these Terms shall first be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be referred to arbitration in Nairobi under the rules of the Chartered Institute of Arbitrators (Kenya Branch). The language of arbitration shall be English, and the seat shall be Nairobi.

Nothing in this clause prevents either party from seeking urgent injunctive relief from the courts of Kenya where necessary.

16. Severability

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

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Devmust Technologies Limited regarding the Platform and supersede any prior agreements.

18. Contact