Terms of Service

By accessing or using the Habova platform — including the web application, mobile-optimised site, APIs, and any related services (collectively, the "Platform") — you agree to be bound by these Terms of Service ("Terms"). If you are accessing the Platform on behalf of a company or organisation, you represent that you have authority to bind that entity to these Terms.

These Terms constitute a legally binding agreement between you and Habova ("we", "us", or "our"). If you do not agree to any part of these Terms, you must stop using the Platform immediately.

By using the Platform you confirm that you are at least 18 years of age and legally capable of entering into a binding contract under the laws of Kenya or the jurisdiction in which you reside.

Habova is a cloud-based property management platform designed for property owners, letting agents, property managers, caretakers, and tenants operating primarily in East Africa. The Platform provides tools including but not limited to:

• Property and unit listings management, including public rental and sale listings
• Tenant application, screening, and onboarding workflows
• Lease creation, document storage, and digital distribution
• Invoicing, rent collection, and reconciliation with M-Pesa and other payment methods
• Maintenance request tracking and assignment
• Inspection management with condition logging
• Notice board, communications, and SMS/email notifications via Africa's Talking and Twilio
• Expense tracking, financial summaries, and audit logs
• Multi-company account management with role-based access controls
• Support ticket management between tenants and property managers

Habova is a software platform only. We do not own, manage, lease, or guarantee any property listed on the Platform. We are not a party to any lease agreement, tenancy contract, or financial arrangement between property owners and tenants. All such arrangements are solely between the relevant parties.

To access the Platform you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated at all times.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must immediately notify Habova at security@habova.com of any unauthorised access or suspected security breach.

Habova supports Two-Factor Authentication (2FA) via TOTP (Time-based One-Time Password). We strongly recommend enabling 2FA on all accounts, particularly for property owners and administrators with access to financial data.

You may not share your account credentials with any other person. Each individual who needs access to the Platform must have their own account. Sharing credentials constitutes a material breach of these Terms.

Company accounts ("Workspaces") may be created by a primary account holder ("Owner") who may then invite additional users under defined roles (admin, agent, caretaker, maintainer). The Owner is responsible for the actions of all users within their Workspace.

Habova offers tiered subscription plans (collectively "Plans"). Each Plan grants access to specific features, property limits, and user limits as described on our Pricing page. Habova reserves the right to modify Plan features and pricing upon 30 days' advance notice.

All subscription fees are quoted in Kenyan Shillings (KES) unless otherwise stated. Fees are exclusive of any applicable taxes. You are responsible for all taxes, levies, or duties imposed by your jurisdiction.

Free Trial: New accounts receive a 14-day free trial with full access to features on the selected Plan. No payment information is required to start a trial. At trial expiry the account is downgraded to a restricted state until a paid Plan is activated.

Upgrades and Downgrades: Upgrading your Plan takes effect immediately, and you will be charged the pro-rated difference for the remaining billing period. Downgrades take effect at the start of the next billing period. Feature access reflects your active Plan at all times.

Refunds: Subscription fees are non-refundable except where required by applicable law. If you believe you have been charged in error, contact billing@habova.com within 14 days of the charge.

If payment fails, Habova will attempt to collect payment for up to 7 days before suspending access to the Platform. You will receive email notifications throughout this grace period.

Habova integrates with M-Pesa (Safaricom) and other payment providers to facilitate rent collection and subscription billing. By using the Platform's payment features, you agree to be bound by the applicable third-party payment provider terms in addition to these Terms.

M-Pesa STK Push: When a tenant initiates payment via M-Pesa, a payment request is sent to their registered mobile number. The tenant must confirm the payment on their handset using their M-Pesa PIN. Habova is not responsible for failed transactions due to network issues, insufficient balance, or incorrect PIN entry.

Transaction Fees:A processing fee applies to each rent payment transaction. Current fee rates are disclosed in your Plan documentation and on the Platform. Habova reserves the right to revise transaction fees upon 30 days' written notice.

Reconciliation: Payments are matched to invoices automatically. In the event of a mismatch or failed reconciliation, the property manager is responsible for manual verification. Habova provides audit logs of all payment events for this purpose.

Habova does not store full M-Pesa PINs or full card numbers. Payment tokens and references are handled by the relevant payment processor in accordance with PCI-DSS standards.

If you use the Platform as a property owner, landlord, agent, or property management company, you additionally agree that:

• All property information you publish on the Platform is accurate, lawfully yours to list, and does not infringe any third-party rights.
• You hold all necessary licences, permits, and authorisations required by Kenyan law or any other applicable jurisdiction to let, manage, or sell the properties you list.
• You will not engage in discriminatory conduct when evaluating tenant applications, in compliance with the Constitution of Kenya 2010 and applicable anti-discrimination law.
• Lease agreements created or stored on the Platform remain your sole legal responsibility. Habova provides the tools to generate and distribute lease documents but does not review, validate, or guarantee their legal enforceability.
• Deposit amounts collected and held on behalf of tenants must comply with the requirements of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act or applicable tenancy legislation. Habova records deposit amounts as entered by you but bears no fiduciary responsibility for deposit funds.
• You are responsible for complying with the Kenya Revenue Authority's requirements for rental income reporting and tax remittance, including any future eTIMS obligations.
• Notices and communications sent to tenants via the Platform must comply with applicable law, including required notice periods for rent increases, inspection, and eviction.

If you access the Platform as a tenant, you agree that:

• Information provided in your rental application — including personal details, employment, and financial information — is true and accurate to the best of your knowledge.
• Providing false or misleading information on an application is grounds for immediate rejection or, after tenancy commencement, for lease termination.
• You will pay rent on time via the channels designated in your lease and accessible on the Platform. Late payment fees or penalties may apply as configured by your property manager.
• Maintenance requests submitted via the Platform should be honest and accurate. Submitting false maintenance claims or abusing the system is a breach of these Terms.
• You will keep your contact information (phone number, email address) updated on the Platform to ensure receipt of notices, invoices, and payment confirmations.

The Habova name, logo, brand assets, software, design, text, graphics, and all other content on the Platform ("Habova IP") are owned by or licensed to Habova and are protected by copyright, trademark, and other intellectual property laws of Kenya and applicable international conventions.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform strictly in accordance with these Terms. Nothing in these Terms transfers any ownership of Habova IP to you.

Content you upload to the Platform — including property photos, documents, and inspection records ("User Content") — remains your property. By uploading User Content you grant Habova a non-exclusive, royalty-free, worldwide licence to host, store, process, and display that content solely for the purpose of providing the Platform's services to you.

You represent that you hold all rights necessary to grant this licence and that your User Content does not infringe any third-party intellectual property rights.

You agree not to, and will not permit others to:

• Use the Platform for any unlawful purpose or in violation of any applicable law, including Kenyan law and any applicable regulation of your jurisdiction.
• Attempt to gain unauthorised access to any part of the Platform, other user accounts, or Habova's infrastructure.
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Platform.
• Use automated tools (bots, scrapers, crawlers) to extract data from the Platform without Habova's express written consent.
• Post, transmit, or distribute content that is defamatory, obscene, fraudulent, harassing, or that incites violence or discrimination.
• Use the Platform to send unsolicited commercial communications (spam) to tenants, owners, or other users.
• Misrepresent your identity, impersonate another person or entity, or create accounts for the purpose of fraudulent activity.
• Interfere with or disrupt the integrity, performance, or availability of the Platform or its underlying infrastructure.
• Use the Platform to process payments for transactions that are unrelated to genuine property rental or sale activity managed through the Platform.

Habova reserves the right to suspend or terminate access to any user who violates this section without notice and to report violations to relevant law enforcement authorities.

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, processing, and use of your personal data as described in the Privacy Policy.

Habova processes personal data in compliance with the Kenya Data Protection Act 2019 (DPA 2019) and the Data Protection (General) Regulations 2021. We act as a data controller for your account data and as a data processor for personal data you upload on behalf of tenants and other parties.

As a property owner or manager using the Platform, you are a data controller in respect of your tenants' personal data. You are responsible for having a lawful basis for processing that data and for informing your tenants about its use in accordance with the DPA 2019.

To the maximum extent permitted by applicable law, Habova and its directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost rental income, loss of data, or business interruption — arising from your use of or inability to use the Platform, even if advised of the possibility of such damages.

Habova's aggregate liability for any claim arising out of or relating to these Terms shall not exceed the total subscription fees paid by you to Habova in the 12 months preceding the event giving rise to the claim.

The Platform is provided "as is" and "as available". Habova makes no warranty that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or fitness for purpose of any information on the Platform.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.

You agree to indemnify, defend, and hold harmless Habova and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Platform in breach of these Terms;
• Your User Content or any infringement of third-party rights arising therefrom;
• Any dispute between you and a tenant, owner, or other third party arising from activity on the Platform;
• Your violation of any applicable law, regulation, or third-party right.

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period, and you will retain access to the Platform until that date.

Habova reserves the right to suspend or terminate your account at any time, with or without notice, if:

• You breach any provision of these Terms;
• Your account is involved in fraudulent, abusive, or illegal activity;
• A payment remains outstanding beyond the grace period;
• Habova reasonably believes that continued access poses a risk to the Platform or to other users.

Upon termination, your right to access the Platform ceases immediately. Your data will be retained for 90 days following termination, during which you may request a full data export. After 90 days, your data will be permanently deleted from our systems, subject to any legal retention obligations.

Sections of these Terms that by their nature should survive termination — including intellectual property, limitation of liability, indemnification, and governing law — will remain in effect.

These Terms shall be governed by and construed in accordance with the laws of Kenya. You irrevocably submit to the exclusive jurisdiction of the courts of Kenya for the resolution of any dispute arising under or in connection with these Terms.

Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute informally by contacting legal@habova.com. We will make a good-faith effort to resolve the matter within 30 days.

If informal resolution is unsuccessful, disputes may be referred to mediation under the Nairobi Centre for International Arbitration (NCIA) rules as a precondition to litigation, unless either party requires urgent injunctive or other equitable relief.

Habova may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make material changes, we will:

• Update the effective date at the top of this page;
• Send an email notification to the primary contact on your account; and
• Display a notice on the Platform for at least 14 days after the change takes effect.

Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Platform and cancel your subscription before the effective date.

If you have questions about these Terms, please reach out: