Terms of Service

1. Acceptance of Terms

By accessing or using the KodiSwift property management platform ("Service") operated by KodiSwift ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, do not access or use the Service.

2. Description of Service

KodiSwift is a cloud-based property management platform that enables users to manage properties, tenants, leases, payments, maintenance requests, and financial reporting. The Service is provided on a subscription basis with multiple plan tiers as described on our pricing page.

3. Account Registration

• You must provide accurate, complete, and current information when creating an account.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities that occur under your account.
• You must notify us immediately of any unauthorized access or use of your account.
• You must be at least 18 years of age to create an account.

4. Subscription Plans and Billing

4.1 Plans

The Service is offered under the following plans: Starter (Free), Professional, and Enterprise. Features, limits, and pricing for each plan are as described on our pricing page and may be updated from time to time.

4.2 Payment

• Paid plans are billed monthly or annually, depending on your selection.
• Payment is due at the beginning of each billing cycle.
• We accept M-Pesa, credit/debit cards, and bank transfers.
• All fees are quoted in Kenyan Shillings (KES) unless otherwise stated.
• Prices are exclusive of applicable taxes, which will be added where required by law.

4.3 Free Plan

The Starter plan is provided free of charge with limited features and capacity. We reserve the right to modify or discontinue the free plan at any time with 30 days' notice.

4.4 Upgrades and Downgrades

You may upgrade your plan at any time. Upgrades take effect immediately and are prorated. Downgrades take effect at the end of the current billing cycle. If your usage exceeds the limits of a lower plan, you may need to reduce usage before downgrading.

4.5 Refunds

Subscription fees are non-refundable except where required by applicable law. If you cancel a paid plan, you will continue to have access until the end of your current billing period.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
• Upload or transmit viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to the Service, other accounts, or related systems.
• Interfere with or disrupt the integrity or performance of the Service.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use the Service to store or transmit content that infringes on intellectual property rights.
• Resell, sublicense, or redistribute the Service without our written consent.
• Use automated tools (bots, scrapers) to access the Service except through our documented API.

6. Your Data

6.1 Ownership

You retain full ownership of all data you upload to or create within the Service ("Your Data"). We do not claim any ownership rights over Your Data.

6.2 License

You grant us a limited, non-exclusive license to use, process, and store Your Data solely for the purpose of providing and improving the Service.

6.3 Data Export

You may export Your Data at any time through the Service's built-in export features or by contacting our support team.

6.4 Data Protection

We handle Your Data in accordance with our Privacy Policy. We implement appropriate technical and organizational measures to protect Your Data.

7. Intellectual Property

The Service, including its design, features, code, documentation, logos, and trademarks, is owned by KodiSwift and protected by intellectual property laws. These Terms do not grant you any rights to use our trademarks, logos, or brand features without prior written consent.

8. API Usage

If your plan includes API access, you may use our API subject to the following conditions:

• You must authenticate all API requests using valid credentials.
• You must comply with rate limits and usage quotas as documented.
• You must not use the API to build a competing service.
• We may suspend API access if usage patterns threaten the stability of the Service.

9. Service Availability

• We strive to maintain 99.9% uptime but do not guarantee uninterrupted access.
• The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
• We will provide reasonable advance notice of planned maintenance where possible.
• We are not liable for any losses resulting from service interruptions.

10. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available" without warranties of any kind, express or implied.
• We do not warrant that the Service will be error-free, secure, or meet your specific requirements.
• In no event shall KodiSwift be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
• Our total liability for any claims arising from the Service shall not exceed the fees you paid in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless KodiSwift, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

12.1 By You

You may cancel your account at any time through the Service settings or by contacting support. Cancellation takes effect at the end of your current billing cycle.

12.2 By Us

We may suspend or terminate your account if you violate these Terms, fail to pay subscription fees, or engage in activity that threatens the security or integrity of the Service. We will provide reasonable notice before termination except in cases of serious violations.

12.3 Effect of Termination

Upon termination, your right to access the Service ceases immediately. We will retain Your Data for 30 days after termination to allow you to export it. After this period, Your Data will be permanently deleted.

13. Changes to Terms

We may modify these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising from these Terms or the Service shall be resolved through arbitration in Nairobi, Kenya, in accordance with the rules of the Nairobi Centre for International Arbitration.

15. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and KodiSwift.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights freely.

16. Contact Us

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

• Email: [email protected]
• Website: kodiswift.com