Terms of service

These terms are written to be read. Where a clause could be stated in plain words or in legal ones, we have used the plain ones. They form an agreement between you and Domexa Technologies Ltd and are governed by Kenyan law. They are not a substitute for your own advice on anything that matters to your business.

1. Who these terms are between

“We”, “us” and “Domexa Technologies” mean Domexa Technologies Ltd, a company registered in Nairobi, Kiambu County. “You” means the business or person that opens an account.

If you accept these terms for an organisation, you are confirming you are entitled to bind that organisation. Where the account is an agency's, the agency is our customer, not its landlords, and not its tenants.

2. What we provide

Software, licensed to you for as long as your subscription runs. Specifically, depending on what you have subscribed to:

• Property Management: the back office for a portfolio: leases, billing runs, receipting, a ledger, deposits, remittances and maintenance.
• Domexa Technologies Tenant: included with the above, at no extra cost, for every tenant on the portfolio.
• Domexa Technologies Listings: a marketplace for rentals, property for sale and land, on a listing plan published on that marketplace.
• Domexa Technologies Build: construction cost control, scoped and quoted per project and billed separately from anything else.
• Domexa Technologies Ride: a rider network, where our fee is a disclosed commission on a completed tour rather than a subscription.

We are a software provider. We do not manage property, act as an agent or broker, provide legal, tax or accounting advice, or hold client funds.

3. Your account

Accounts are opened by registering on the product you want. You are responsible for who you give access to, for keeping credentials secure, and for what is done under your account. Give each person their own login. Shared logins make the audit trail meaningless and are the single most common cause of a dispute nobody can resolve.

Tell us promptly if you believe an account has been compromised. We may suspend access where we reasonably believe doing so protects your data or ours.

4. Trial

New property management accounts get a 30-day free trial, with no card required. The trial is the full product, not a limited version; the point is to test it on your own portfolio.

At the end of the trial, continued use requires an active subscription. If you do not subscribe, you keep the right to export your data (see section 7) for a reasonable period before the account is closed.

5. Fees and billing

• Fees are quoted in Kenyan shillings (KES) and exclude applicable taxes unless stated.
• Plans are billed on the schedule shown at checkout, either monthly or annually at a discount.
• Per-unit pricing is assessed on the units under management during the billing period. Adding units mid-period is prorated; removing them takes effect at the next period.
• Construction is quoted per project, on the scope of the works agreed in writing before it starts, and carries its own bill. Listing plans are charged by the marketplace at the rates published there.
• We will give reasonable notice in writing before any price change, and a change never applies to a period you have already paid for.

6. Suspension and cancellation

Suspension for non-payment is always a deliberate human decision; accounts are never auto-disabled.

You may cancel at any time, effective at the end of the current billing period. We do not charge a cancellation fee and we do not require notice periods measured in months. Fees already paid for a completed period are not refunded; where we cancel without cause, we refund the unused portion.

We may terminate an account for serious or repeated breach of section 9, or where we are required to by law. Except in urgent cases we will tell you first and give you the chance to put it right.

7. Your data, and getting it back

The records you put into Domexa Technologies, meaning your portfolio, tenancies, transactions and documents, remain yours. We process them to provide the service and for no other purpose. We do not sell them, and we do not use them to build products for anyone else.

You can export your data at any time while the account is active, and on request when you leave, in a format you can use elsewhere. After closure we retain what we are legally required to retain and delete the rest. See the privacy policy for how long, and why.

Where you hold personal data about tenants, applicants or staff, you are the data controller and we act as your processor. Section 3 of the privacy policy sets out what that means in practice for both of us.

8. Money, and what we do not touch

Domexa Technologies records and reconciles payments. It does not receive them. Payments settle through a licensed payment aggregator directly between the paying party and you, and we hold no wallet, float or client account at any point.

It follows that we are not responsible for a payment failing, being delayed or being misdirected by a payment provider, a bank or a mobile money operator, though we will help you trace what our records show.

Where our fee is a commission on a transaction, currently only rider tours, the rate is disclosed before either party commits, and the transaction itself settles between them.

9. Acceptable use

You agree not to:

• Use the service for anything unlawful, or to hold personal data you are not entitled to hold.
• Publish a listing you are not authorised to advertise, or one that misstates a property, a plot, its price, its availability or the documentation held for it.
• Charge a tenant or a house-hunter a fee to use software we provide free.
• Attempt to break, overload, scrape or reverse-engineer the service, or resell access to it without our written agreement.
• Upload malicious code, or content that infringes someone else's rights.

We may remove a listing or content that breaches this section, and will tell you why.

10. Listings, and what we do not verify

A listing is the lister's statement, not ours. We require certain details before a listing can publish, and we close listings for units let through our management software automatically, but we do not inspect properties, and we do not verify title, ownership or any document a seller says they hold.

Anyone transacting on a listing, particularly on land, should commission their own official search, confirm the parcel on the ground, and take independent legal advice before money moves. We are not a party to any agreement reached between a lister and a buyer or tenant, and take no commission on it.

11. Availability

We work to keep the service available and to give advance notice of planned maintenance, which we schedule outside Nairobi business hours wherever we can. We do not currently offer a contractual uptime guarantee, and we would rather say that plainly than publish a figure we cannot stand behind. If you need one, talk to us before you subscribe.

12. Changes to these terms

We may update these terms. For material changes we will give reasonable notice by email or in the product before they take effect, and the “last updated” date above always reflects the current version. Continuing to use the service after a change takes effect means you accept it; if you do not, you may cancel under section 6.

13. Limitation of liability

The service is provided on an “as is” basis. To the maximum extent permitted by Kenyan law, Domexa Technologies Ltd is not liable for indirect or consequential losses, including lost profit, lost business or lost data, arising from use of the product, and our total liability in any twelve-month period is limited to the fees you paid us in that period.

Nothing in these terms excludes liability that cannot lawfully be excluded, including for fraud or for death or personal injury caused by negligence.

14. Governing law

These terms are governed by the laws of Kenya, and the courts of Kenya have jurisdiction. Before either of us starts proceedings, we should try to resolve the matter directly. Most disputes are a misunderstanding about a record, and those are usually settled by looking at it together.

15. Contact

Questions about these terms can be sent to hello@domexatechnologiesltd.com, or through the contact page. Our registered address is in Nairobi, Kiambu County, and the product itself lives at app.domexatechnologiesltd.com.