Afriqahome — Terms of Service

1. Who we are

Afriqahome is a real-estate marketplace operated jointly by:

• Afriqaly Limited (company no. PVT-KW19A2W3), a company incorporated in Kenya, registered at Minhaj Towers, Waudo Street, Westlands, P.O. Box 567-00601 Gigiri, Nairobi, Kenya — responsible for marketplace operations and payments in Kenya; and
• Kcommando AB (org. no. 559297-3563), a company incorporated in Sweden, registered at Gamla Enköpingsvägen 144A, 174 61 Sundbyberg, Sweden — responsible for the mobile applications and data operations in the EU/EEA.

References to "Afriqahome", "we", "us", or "our" mean both operators together, acting in their respective roles. Contact: info@afriqahome.com · +254 710 429 429.

2. Definitions

• Platform — the Afriqahome website, iOS and Android apps, and related services.
• User — anyone who accesses the Platform, including Guests, Buyers, and Agents.
• Guest — a visitor browsing without an account.
• Buyer — a registered user looking for property.
• Agent — a registered real-estate agent or property developer who lists property and receives enquiries.
• Listing — a property advertisement published by an Agent.
• Content — any text, images, messages, or other material submitted to the Platform.

3. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Platform. By using it, you confirm that you meet these requirements and that the information you provide is accurate and current.

4. Your account

• You are responsible for keeping your login credentials confidential and for all activity under your account.
• You must provide accurate registration information and keep it up to date.
• Account deletion. You may delete your account at any time from within the Platform. On deletion, your account is deactivated immediately and your personal data is permanently removed after a 30-day grace period, except records we are legally required to retain (see Section 11 and our Privacy Policy).
• We may suspend or terminate accounts that breach these Terms, that we reasonably believe are fraudulent, or where required by law.

5. The marketplace — our role

Afriqahome is an intermediary platform that helps Buyers discover property and connect with Agents. We are not a party to any transaction between Buyers and Agents, we do not own, sell, let, or manage any property listed, and we do not act as an estate agent, broker, or escrow.

We take reasonable steps to verify Agents and reduce fraud (including identity checks and in-platform safeguards), but verification is a safeguard, not a guarantee. We do not warrant the accuracy, legality, quality, or availability of any Listing, nor the conduct or identity of any User. You are responsible for your own due diligence before entering into any agreement, making any payment, or sharing sensitive information off-Platform.

6. Agents — listings and subscriptions

If you use the Platform as an Agent:

• You warrant that you are authorised to market each property you list and that your Listings are accurate, lawful, and not misleading.
• Subscription tiers: Ignite (free), Elevate (KES 6,000 / month), and Dominate (KES 18,000 / month). Higher tiers unlock additional features as described on the Platform's pricing page.
• Spotlight boost: an optional paid promotion that increases a Listing's visibility for 7 days (KES 2,000).
• Payments are processed through M-Pesa and/or our payment providers. Subscription fees are billed in advance for each billing period. Prices are in Kenyan Shillings (KES) and may be subject to applicable taxes.
• Renewal and cancellation. Subscriptions renew automatically each period unless cancelled before the renewal date. You can cancel from your account; cancellation stops future renewals and takes effect at the end of the current paid period. Except where required by law, fees already paid are non-refundable.
• We may change tier features or pricing on reasonable notice. Continued use after a change takes effect constitutes acceptance.

7. Buyers

If you use the Platform as a Buyer, you acknowledge that Listings are provided by third-party Agents, that Afriqahome does not guarantee them, and that you should independently verify any property, Agent, price, and document before committing to or paying for anything.

8. Acceptable use

You agree not to:

• post false, misleading, fraudulent, or unlawful Content, or impersonate any person or entity;
• use the Platform to scam, harass, defraud, or harm other Users;
• attempt to circumvent the Platform's safety features, including contact-information protections in messaging;
• harvest, scrape, or collect other Users' data, or send spam or unsolicited marketing;
• upload malware, attempt to gain unauthorised access, or interfere with the Platform's operation;
• use the Platform other than for its intended property-related purpose.

We may remove Content, restrict features, or suspend accounts that breach this Section.

Zero tolerance. We have zero tolerance for objectionable content or abusive users. Reported content is reviewed and objectionable content removed, and offending users may be blocked, suspended, or removed from the Platform, normally within 24 hours of a report.

9. Messaging and user content

The Platform includes messaging between Buyers and Agents and other user-generated Content.

• You are solely responsible for the Content you submit and the messages you send.
• To protect Users from fraud, the Platform may automatically detect, mask, or restrict certain information (such as phone numbers and email addresses) in messages until appropriate. You agree not to attempt to bypass these protections.
• Reporting and blocking. You can report abusive Content or Users and block other Users. We operate a moderation process and may review, remove, or act on reported Content. We have zero tolerance for objectionable content or abusive users.
• You grant Afriqahome a non-exclusive, royalty-free licence to host, store, display, and process your Content solely to operate and improve the Platform. You retain ownership of your Content.

10. Intellectual property

The Platform, including its software, design, trademarks, and branding ("Afriqahome", logos, and related marks), is owned by or licensed to Afriqahome and protected by law. We grant you a limited, revocable, non-transferable licence to use the Platform for its intended purpose. You may not copy, modify, distribute, reverse-engineer, or create derivative works without our written permission.

11. Privacy and data

Our handling of personal data is described in our Privacy Policy (available at afriqahome.com/privacy), which forms part of these Terms. Afriqaly Limited and Kcommando AB act as joint controllers of personal data in their respective roles. Certain records — including transaction and tax records — are retained for the periods required by Kenyan and Swedish law, even after account deletion, and are de-identified where practicable.

12. Third-party services

The Platform relies on third-party services (for example M-Pesa, payment processors, mapping, and notification providers). Your use of those services may be subject to their own terms, and we are not responsible for them.

13. Disclaimers

The Platform is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that any Listing, Agent, or Buyer is genuine, accurate, or suitable.

14. Limitation of liability

To the fullest extent permitted by law, Afriqahome and its operators will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or for any dealings, transactions, or disputes between Users. Our total aggregate liability arising out of or relating to the Platform will not exceed the greater of (a) the amount you paid us in the 12 months before the claim, or (b) KES 10,000. Nothing in these Terms excludes liability that cannot be excluded by law.

15. Indemnification

You agree to indemnify and hold harmless Afriqahome and its operators from any claims, losses, or expenses arising out of your Content, your use of the Platform, your dealings with other Users, or your breach of these Terms.

16. Suspension and termination

We may suspend or terminate your access at any time for breach of these Terms, suspected fraud, legal requirement, or to protect Users or the Platform. You may stop using the Platform and delete your account at any time. Sections that by their nature should survive termination (including Sections 10, 13, 14, 15, and 19) will survive.

17. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date and, where appropriate, notify you. Continued use after changes take effect constitutes acceptance.

18. Mobile applications (Apple App Store and Google Play)

If you download our app from the Apple App Store or Google Play:

• Your use is also subject to the app store's own terms.
• The licence granted is limited to use on a device you own or control, as permitted by the applicable store rules.
• Apple and Google are not responsible for the app or its content, and are not parties to these Terms. Where you obtained the app from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
• Any app-related support or claims are our responsibility, not the app store's.

19. Governing law and disputes

These Terms are governed by the laws of Kenya. Subject to any mandatory consumer-protection rights you may have under your local law, the courts of Kenya will have jurisdiction over any dispute arising out of or relating to these Terms or the Platform. We encourage you to contact us first at info@afriqahome.com so we can try to resolve any issue informally.

20. Contact

Afriqahome
Operated by Afriqaly Limited (Kenya) and Kcommando AB (Sweden)
Minhaj Towers, Waudo Street, Westlands, P.O. Box 567-00601 Gigiri, Nairobi, Kenya
Email: info@afriqahome.com · Phone: +254 710 429 429