Terms and Conditions

Compliant with the Kenya Data Protection Act, 2019

Last Updated: 09 July 2026

By creating a HOMUtopia account or using our services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions. Registration requires an explicit, manual confirmation (clickwrap) that you accept this agreement; if you do not agree, you must not use the platform.

1. Acceptance of Terms

HOMUtopia ("the Platform", "we", "us") provides a software-as-a-service property and tenancy management platform for landlords, agencies, and house searchers (tenants) in Kenya. These Terms form a binding contract between you and HOMUtopia.

2. Limitation of Liability (Our Ultimate Shield)

HOMUtopia is strictly a software management tool. We do not collect rent, we are not a party to any lease, tenancy, or sale agreement entered into between users, and we are not liable for:

• Any financial losses, rent defaults, deposit disputes, or non-payment by any tenant or landlord.
• Data-entry mistakes, calculation errors, or omissions made by a landlord, agency, or their staff.
• The accuracy, legality, or enforceability of any lease or contract generated or stored on the Platform.
• Any indirect, incidental, or consequential damages arising from use of the Platform.

3. Accuracy of Manual Verification

The rent ledger and payment records rely entirely on user-initiated actions. The accuracy of the ledger depends wholly on the landlord or agency clicking the "Approve" button. If a landlord or agency mistakenly approves a fraudulent, incorrect, or fake screenshot or receipt uploaded by a tenant, HOMUtopia holds zero liability for that error. Users are solely responsible for verifying the authenticity of any documents they approve or submit.

4. Account Termination Rights

We reserve the right to suspend, restrict, or permanently ban any account that, at our sole discretion:

• Uploads fraudulent payment receipts or forged documents.
• Uses fake national IDs, passports, or false verification credentials.
• Attempts to hack, reverse-engineer, or compromise the Platform or other users.
• Repeatedly violates these Terms or applicable law.

5. Commercial License Restrictions

Your subscription grants a temporary, non-exclusive, non-transferable license to use the Platform interface for its intended purpose. You are strictly forbidden from:

• Reverse-engineering, decompiling, or copying our source code.
• Copying, cloning, or redistributing our UI layouts, designs, or branding.
• Scraping, harvesting, or bulk-exporting user or property data.
• Reselling or sub-licensing access to the Platform.

6. Data Protection

Personal and sensitive data is handled in accordance with the Kenya Data Protection Act, 2019. See our Privacy Policy for the full details on collection, processing, the Controller/Processor relationship, and your rights including the right to be forgotten.

7. Governing Law

These Terms are governed by the laws of the Republic of Kenya. Any dispute shall be subject to the exclusive jurisdiction of the Kenyan courts.

For questions, contact compliance@homutopia.co.ke.