Terms of use for the Meneja Platform

Definitions

Eligibility and Account Registration

To use the Platform, you must:

• Be at least 18 years of age
• Be a natural person or a legally constituted entity with capacity to enter into binding agreements under Kenyan law
• Provide accurate, current, and complete information during registration
• Not already have an account that has been suspended or terminated by Meneja

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at privacy@meneja.co.ke if you suspect unauthorised access.

Meneja reserves the right to verify your identity at any time and to refuse registration or terminate accounts that provide false information.

Description of Services

Meneja provides a software-as-a-service (SaaS) property management platform. Services available depend on your role and active Subscription Plan:

3.1 Subscription Plans

Access to certain features is gated by the Owner's active Subscription Plan:

• Free — Up to 2 estates, 20 units. Basic management features.
• Growth (KSh 12,000/month) — Up to 10 estates, 100 units. Includes lease agreements and M-Pesa STK push.
• Pro (KSh 25,000/month) — Up to 25 estates, unlimited units. Adds eTIMS compliance, white label, and API access.
• Agency (KSh 50,000/month) — Unlimited estates and units. Full feature access and dedicated support.

Meneja reserves the right to modify plan features and pricing with at least 30 days' notice to affected subscribers.

Rent Payments and M-Pesa

4.1 Role of Meneja

Meneja is a technology facilitator only. We are not a financial institution, payment service provider, escrow agent, or party to the rent obligation between a Tenant and an Owner. We do not hold, receive, or disburse funds on behalf of any party.

4.2 M-Pesa STK Push

When a Tenant initiates a payment via the Platform, an STK push notification is sent to the Tenant's registered M-Pesa number. By initiating payment, you:

• Authorise the deduction of the specified amount from your M-Pesa account
• Confirm that the phone number provided is registered to an active M-Pesa account
• Understand that Meneja does not process, hold, or guarantee the delivery of funds — the transaction is executed directly between your M-Pesa account and the Owner's registered paybill

4.3 Failed or Disputed Transactions

If an STK push request fails, times out, or results in a disputed transaction:

1. Check your M-Pesa statement via *334# to confirm whether funds were deducted
2. Contact Safaricom Customer Care on 100 or 0722 002 100 for transaction disputes
3. Notify your Property Manager or Owner, who can verify against paybill records
4. Meneja can provide a transaction reference log from the Platform; however, Safaricom's records are authoritative for M-Pesa disputes

4.4 Airtel Money Users

Meneja's automated STK push is exclusive to Safaricom M-Pesa. Airtel Money users may pay into the Owner's paybill manually via *222# but will not receive an automated prompt from the Platform. The Platform will not generate an automatic transaction record for manual payments — retain your own payment confirmation.

User Obligations and Prohibited Conduct

By using the Platform, you agree that you will not:

• Provide false, misleading, or fraudulent information at any stage
• Impersonate another person or entity, or misrepresent your role or authority
• Access data, accounts, or areas of the Platform to which you are not authorised
• Attempt to circumvent, disable, or interfere with any security feature of the Platform
• Use the Platform to transmit unsolicited communications, malware, or harmful code
• Use another User's personal data obtained through the Platform for any purpose outside its intended use
• Engage in any activity that violates the rights of other Users or any applicable law of Kenya

Property Owners and Managers additionally agree that:

• They have the legal authority to list and manage the estates they add to the Platform
• Tenant data entered into the Platform has been collected with the Tenant's knowledge
• They will not use the Platform to discriminate against Tenants on the basis of any protected characteristic under the Constitution of Kenya

Data, Privacy, and Confidentiality

The processing of personal data through the Platform is governed by our Privacy Policy, which forms part of these Terms and is incorporated by reference.

Each User acknowledges that in using the Platform, they may have access to personal data of other Users. You agree to:

• Use such data only for purposes related to managing the relevant estate through the Platform
• Not disclose, sell, or otherwise share other Users' personal data with third parties outside the Platform
• Comply with all applicable obligations under the Data Protection Act, 2019

Intellectual Property

All software, design, code, trademarks, and content forming part of the Meneja Platform (excluding User Content) are the intellectual property of Meneja Billing or its licensors. Nothing in these Terms transfers any intellectual property rights to you.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for its intended purpose during the term of your registration. This licence does not include the right to copy, modify, reverse-engineer, or redistribute any part of the Platform.

You retain ownership of all Content you submit to the Platform. By submitting Content, you grant Meneja a limited licence to store, process, and display that Content as necessary to provide the services described in these Terms.

Limitation of Liability

8.1 Platform as a Tool

Meneja is a property management tool. We do not:

• Guarantee the solvency, reliability, or conduct of any Owner, Manager, or Tenant
• Verify the legal title or ownership of estates listed on the Platform
• Mediate or adjudicate property disputes between Users
• Guarantee the uptime of third-party services (including M-Pesa and Supabase) integrated with the Platform

8.2 Exclusion of Consequential Loss

To the maximum extent permitted by Kenyan law, Meneja shall not be liable for:

• Any indirect, incidental, special, or consequential loss or damage arising from use of the Platform
• Loss of data, revenue, or profits arising from Platform downtime or third-party service failures
• Losses arising from a User's reliance on information provided by other Users

8.3 Cap on Direct Liability

Where Meneja is found liable for direct loss, our total aggregate liability shall not exceed the subscription fees paid by you to Meneja in the three months preceding the event giving rise to the claim.

Subscriptions, Suspension, and Termination

9.1 Subscription Billing

Paid subscriptions are billed monthly in advance. Failure to pay may result in your plan being downgraded to the Free tier or your account being suspended. We will provide at least 7 days' notice before suspension due to non-payment.

9.2 Effect of Plan Downgrade or Lapse

• You will retain read-only access to your historical data for 90 days
• Features restricted to higher-tier plans (lease agreements, STK push) will be disabled
• Estates and units exceeding the Free plan limits will be archived, not deleted

9.3 Account Termination by User

You may delete your account by contacting privacy@meneja.co.ke. Upon termination:

• Active Tenant records and financial data will be retained for the periods described in the Privacy Policy to satisfy legal obligations
• Your account profile data will be anonymised within 30 days
• Pending maintenance work orders will be notified to the relevant Manager or Owner before deletion

9.4 Termination by Meneja

We reserve the right to suspend or terminate your account with immediate effect if you:

• Breach any material term of these Terms
• Use the Platform for fraudulent, illegal, or harmful purposes
• Fail to cure a breach within 7 days of written notice

Disputes Between Users

Meneja is not a party to any dispute between an Owner, Manager, Maintenance Staff, or Tenant. Disputes about tenancy, rent arrears, maintenance obligations, or property condition should be resolved:

1. Directly between the parties, using records and documentation available on the Platform
2. Through the relevant mechanisms under the Landlord and Tenant Act (Cap. 301) or applicable Kenyan law
3. Through mediation or arbitration as agreed between the parties

You may contact us at privacy@meneja.co.ke if another User's conduct on the Platform constitutes a violation of these Terms.

Governing Law and Jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of the Republic of Kenya. Any dispute that cannot be resolved by negotiation shall be submitted to the exclusive jurisdiction of the courts of Kenya.

General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Meneja regarding your use of the Platform.
• Severability: If any provision is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Failure to enforce any right under these Terms does not constitute a waiver of that right.
• Assignment: You may not assign your rights or obligations without Meneja's prior written consent. Meneja may assign its rights in connection with a business transfer or reorganisation.
• Updates to Terms: Material changes will be communicated at least 14 days in advance. Continued use of the Platform after the effective date constitutes acceptance.