These Terms of Service ("Terms") form a binding agreement between you and FairLease ("we," "our," or "us") governing your access to and use of the FairLease platform, including our website, web application, and all related services (collectively, the "Platform").
By creating an account or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Platform.
01Acceptance of Terms
By registering for, accessing, or using FairLease, you agree to these Terms on behalf of yourself. If you are using FairLease on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
We may update these Terms from time to time. Continued use of the Platform after updates constitutes acceptance. We will notify you of material changes by email.
02Eligibility
To use FairLease, you must:
- Be at least 18 years of age.
- Be legally capable of entering into a binding contract under Kenyan law.
- Not be prohibited from using the Platform under any applicable law or regulation.
By using FairLease, you represent and warrant that you meet these eligibility requirements.
03Accounts & Registration
You must create an account to use FairLease. You agree to:
- Provide accurate, complete, and current registration information.
- Maintain the security of your account credentials and not share your password with any third party.
- Notify us immediately at support@fairlease.co.ke if you suspect unauthorized access to your account.
- Accept responsibility for all activity that occurs under your account.
We reserve the right to suspend or terminate accounts that contain false, misleading, or fraudulent information.
04Platform Use
FairLease is designed exclusively for the legitimate management of rental deposit records. You agree to use the Platform only for lawful purposes and in accordance with these Terms.
You must not:
- Enter false, fabricated, or misleading financial records into the ledger.
- Attempt to reverse-engineer, modify, or circumvent any feature of the Platform.
- Use the Platform to harass, defraud, or harm another user.
- Upload or transmit malicious code, viruses, or any harmful software.
- Use automated tools to scrape or extract data from the Platform without our written consent.
- Attempt to gain unauthorized access to other users' tenancy records.
- Use the Platform in any way that could damage, disable, or impair our services.
Violation of these rules may result in immediate account termination and may be reported to relevant authorities.
05User Roles & Responsibilities
Agents and Landlords
As an agent or landlord, you are responsible for:
- Accurately recording the move-in unit condition and deposit amount at the commencement of a tenancy.
- Logging only legitimate, verifiable, deposit-related expenses in the ledger.
- Ensuring expenses are supported by accurate documentation, even if not required to be uploaded to the Platform.
- Accurately recording move-out conditions and initiating the finalization process in a timely manner.
Entering fraudulent or inflated expenses into the ledger may constitute fraud under Kenyan law. FairLease may cooperate with law enforcement investigations.
Tenants
As a tenant, you are responsible for:
- Reviewing and acknowledging move-in condition logs and deposit amounts promptly and accurately.
- Reviewing ledger entries in good faith and raising genuine concerns through appropriate channels rather than withholding acknowledgment unreasonably.
- Accurately acknowledging move-out conditions.
All Users
All users acknowledge that the records they create on FairLease are intended to reflect genuine, real-world tenancy events. Submitting false records is a misuse of the Platform and may have legal consequences.
06Immutable Ledger & Records
A core feature of FairLease is the immutable financial ledger. You acknowledge and agree that:
- Once a ledger entry is submitted, it cannot be edited or deleted. This is by design and is fundamental to the Platform's transparency guarantee.
- You are solely responsible for the accuracy of any entry you submit. FairLease does not verify the accuracy of ledger entries.
- Condition logs, state changes, and tenancy records similarly become permanent once confirmed.
- ARCHIVED tenancies are fully read-only and no further changes can be made to any record associated with them.
FairLease is a record-keeping tool. We do not adjudicate disputes, enforce deposit releases, or act as a financial intermediary. We provide transparent records to help parties resolve matters themselves or with appropriate professional assistance.
07Fees & Payments
FairLease currently offers free access to the Platform. We reserve the right to introduce paid features or subscription plans in the future. If we do:
- We will provide at least 30 days' notice before any fee changes take effect.
- Existing tenancy records will remain accessible regardless of billing status for a reasonable wind-down period.
- All fees will be clearly displayed before you are charged.
FairLease does not hold, transfer, or process actual deposit funds. All financial transactions between tenants and agents occur outside of the Platform.
08Intellectual Property
The FairLease name, logo, platform design, code, and content are the intellectual property of FairLease and are protected by applicable Kenyan and international laws. You may not reproduce, distribute, or create derivative works from any part of the Platform without our prior written permission.
You retain ownership of the data you submit (tenancy records, condition logs, etc.). By submitting data, you grant FairLease a limited, non-exclusive license to store and display that data to authorized users of the same tenancy, solely for the purpose of providing the Platform's services.
09Disclaimers
The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, FairLease disclaims all warranties, express or implied, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Warranties that the Platform will be error-free, uninterrupted, or secure at all times.
- Warranties regarding the accuracy or completeness of user-submitted records.
FairLease is not a legal advisor, financial advisor, or mediator. Nothing on the Platform constitutes legal or financial advice. Users are encouraged to seek independent legal counsel for dispute resolution.
10Limitation of Liability
To the maximum extent permitted by Kenyan law, FairLease shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform, including but not limited to:
- Loss of deposit funds resulting from disputes between users.
- Inaccurate records submitted by agents or tenants.
- Service downtime, data loss due to technical failure, or unauthorized access.
- Reliance on Platform records in formal legal proceedings.
Our total aggregate liability to you for any claim arising under these Terms shall not exceed the total fees (if any) you paid to FairLease in the 12 months preceding the event giving rise to the claim, or KES 5,000, whichever is greater.
11Termination
By you: You may close your account at any time by contacting us. Closing your account does not delete immutable tenancy records associated with active or archived tenancies.
By us: We reserve the right to suspend or terminate your account, with or without notice, if:
- You violate these Terms.
- We reasonably believe your use of the Platform is fraudulent or harmful to other users.
- Required to do so by law.
Upon termination, your right to access the Platform ceases. Sections of these Terms that by their nature should survive termination (including Sections 6, 8, 9, 10, and 12) will survive.
12Dispute Resolution
In the event of a dispute between you and FairLease, we encourage you to first contact us at support@fairlease.co.ke so that we can attempt to resolve the matter informally.
If informal resolution is not possible, disputes shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.
Disputes between agents and tenants regarding deposit amounts or conditions are between those parties and are not the responsibility of FairLease to resolve. We strongly recommend both parties seek independent legal advice for unresolved tenancy disputes.
13Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions. Applicable laws include but are not limited to:
- The Kenya Data Protection Act, 2019
- The Law of Contract Act (Cap 23)
- The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act where applicable
- The Consumer Protection Act, 2012
14Changes to These Terms
We may revise these Terms at any time. When we make material changes, we will notify registered users via email and update the "Last updated" date at the top of this page. Changes take effect 14 days after notification for existing users, or immediately for new users. If you do not agree to updated Terms, you must stop using the Platform.
15Contact Us
For questions about these Terms or the Platform: