Legal Document

Terms & Conditions

Please read these terms carefully before using The Pinnacle platform

Last updated: December 2024

Agreement Notice

These Terms and Conditions constitute a legally binding agreement between the user and the company operating this application ("the App"). By creating an account, accessing the platform, posting listings, making payments, sending messages, or using any feature offered within the App, the user acknowledges, understands, and agrees to be bound by these Terms and Conditions. Any person who does not accept or understand these Terms must immediately stop using the App. Use of the platform is restricted to persons who are at least eighteen years of age and who are legally capable of entering into agreements.

Definitions

For the purpose of these Terms, the words "user", "tenant", "landlord", "agent", "seller", "buyer", "service provider", and "account holder" refer to any person who has registered or interacted with the App in any capacity. "Listing" refers to any property, good, service, or item posted on the App. "Content" refers to any text, images, documents, videos, descriptions, files, or communications uploaded or shared on the platform. "Company", "we", "our", or "us" refers to the operators and owners of the App. The App serves as a digital platform that enables property rentals, payments, messaging, marketplace transactions, and other interactions between users. The App itself does not own, sell, lease, or manage any properties or goods unless explicitly stated within the platform.

1

Account Registration and Responsibility

Every user must create an account to access core functionalities such as listing properties, interacting with other users, making payments, receiving receipts, posting in the marketplace, or sending messages. During registration, all users agree to provide accurate, truthful, and complete information. Users are responsible for maintaining the confidentiality of their accounts and passwords, and they are fully accountable for all activities conducted through their accounts, whether authorized or unauthorized. The Company reserves the right to suspend or terminate accounts that provide false information, impersonate another individual, violate these Terms, attempt fraudulent activity, or pose risks to the integrity and security of the platform.

2

Identity Verification

Identity verification may be required in specific circumstances, including but not limited to property ownership confirmation, tenancy verification, marketplace authenticity checks, or document-based validation. Users may be requested to provide identification documents, property documents such as title deeds, tenancy agreements, business permits, or other relevant information. Failure to comply with verification requests may result in limited access, suspended accounts, or removal of listings. Uploading forged or altered documents is strictly prohibited and may lead to permanent account termination, legal action, and reporting to relevant authorities.

3

User Content and Conduct

Users acknowledge that all content posted within the App must be lawful, accurate, respectful, and free from misleading, harmful, or fraudulent information. Users must not upload offensive, defamatory, sexually explicit, threatening, violent, or discriminatory material. The platform must not be used to advertise illegal goods, stolen items, harmful substances, counterfeit products, or prohibited animals. The Company reserves the right to remove any content deemed inappropriate, suspicious, or in violation of these Terms, and may take further administrative or legal action where necessary.

4

Property Listings

All property listings posted by landlords, tenants, or agents must reflect correct information about the property, including location, pricing, features, condition, and availability. The user posting the listing confirms that they have the legal right to offer the property and that the photographs and documents provided are genuine representations of the actual unit. Duplicate listings, misdescription, misleading pricing, bait advertisements, and falsely claiming property ownership are prohibited. The Company may request supporting documents to verify property ownership or legitimacy of the listing. Any listing found to be false, misleading, or fraudulent may be removed without notice.

5

Marketplace Listings

Users who post goods or services in the marketplace section must ensure that all advertised items are real, lawful, and accurately described. Photographs used must reflect the actual product or service being offered, and the user must have the legal right to sell the item. It is prohibited to advertise illegal services, adult content, weapons, stolen items, counterfeit goods, unlicensed pharmaceuticals, or any service that violates Kenyan laws or general international online marketplace standards. The Company reserves the right to moderate, adjust, or remove marketplace posts at its sole discretion.

6

Messaging System

The messaging feature within the App is designed to facilitate communication between users, including tenants, landlords, agents, buyers, sellers, and service providers. Users agree not to harass, bully, threaten, defraud, spam, or abuse other users through the messaging system. Users must not share explicit content, illegal material, or malicious links within the messaging platform. The Company may employ automated tools to review messages for security and safety purposes, and reserves the right to restrict or block messaging privileges for accounts that misuse the system.

7

Payments and Transactions

All payments made through the App, including rent, deposits, subscriptions, listing fees, or marketplace transactions, are processed through licensed third-party payment gateways such as mobile money operators or financial institutions. The App does not store or access users' payment card or mobile money details. All users acknowledge that payment processing timelines or system outages from third-party providers are outside the control of the Company. Users must confirm the accuracy of payment details, including the property, landlord, amount, or product before initiating a payment. Transactions are generally final and irreversible unless specifically provided for under the landlord–tenant agreement or applicable refund policy.

8

Service Fees and Platform Charges

Important

The Company operates the App as a digital service platform and charges a service fee for facilitating transactions, including but not limited to property listings, rent payments, marketplace transactions, messaging, record-keeping, payment processing, and related platform services.

Standard Service Fee: 5%

For every transaction successfully processed through the App, the Company shall deduct a service fee equal to five percent (5%) of the transaction amount, unless otherwise stated within the platform. This service fee applies to, but is not limited to, rent payments, marketplace sales, service payments, and any other monetary transactions conducted through the App.

The service fee is automatically deducted at the point of payment processing or settlement, and the remaining balance is transferred to the intended recipient. Users acknowledge and agree that the Company may deduct this service fee without requiring separate consent for each transaction. The service fee is non-refundable once a transaction has been successfully completed.

Landlords, sellers, and service providers retain full discretion to adjust their pricing independently to accommodate the service fee if they so choose. The Company does not control or influence pricing decisions. The Company reserves the right to revise its service fee structure from time to time. Any changes shall be communicated through the App, and continued use of the platform constitutes acceptance of the revised fees.

9

Rent Payments

Rent payments made through the App are directed to the designated account of the landlord, agent, or recipient as indicated in the listing. The Company operates only as a digital facilitator of payments and is not responsible for rent adjustments, penalty fees, overpayments, underpayments, or disputes arising between landlords and tenants. Tenants must ensure they select the correct house and landlord before completing any payment. The App will generate digital receipts for successful transactions, but users are encouraged to maintain backup copies for record-keeping.

10

Rental Deposits

The App also accommodates rental deposits collected from tenants. Tenants acknowledge that all rental deposits paid through the App are held by the Company on behalf of the landlord until the tenant intends to vacate the premises. The deposit will only be released after a formal clearance process, which includes a clearance form completed and signed by the landlord or their authorized agent. The landlord must confirm that the tenant has vacated the property, returned the keys, and left the premises in good condition with no damages or outstanding arrears.

If the clearance form indicates unresolved damage, missing items, unpaid rent, or any other liability, the Company may deduct the necessary amounts before releasing the balance to the tenant. If the clearance is satisfactory, the deposit will be transferred to the tenant's preferred withdrawal method. The Company is not responsible for disputes arising between tenants and landlords regarding damage claims; however, the Company will follow the information provided in the clearance form submitted by the landlord.

Deposit Handling and Service Fees

Important

All rental deposits paid through the App are securely held by the Company on behalf of the landlord until the tenant initiates the deposit release process upon vacating the premises.

Deposit Handling Fee: 15%

Upon successful clearance and approval for release of a deposit, the Company shall deduct a deposit handling and administration fee equal to fifteen percent (15%) of the total deposit amount before releasing the remaining balance to the tenant.

This deposit handling fee covers administrative processing, secure holding of funds, clearance verification, record-keeping, payment processing costs, and platform usage related to deposit management.

Any deductions for damages, unpaid rent, missing items, penalties, or other liabilities as indicated in the clearance form shall be applied before or alongside the Company's deposit handling fee, as applicable.

The deposit handling and administration fee is non-refundable once the deposit release process has been initiated, regardless of whether the deposit is released in full or partially.

The Company acts solely as a facilitator in the deposit process and is not responsible for disputes between landlords and tenants regarding clearance decisions, damage claims, or deductions.

11

Document Uploads

Users may upload documents including identification cards, tenancy agreements, clearance forms, receipts, photos, property documents, or any other required content. The user must have full legal rights to upload such documents. Illegal, altered, forged, or misleading documents are strictly prohibited. The Company maintains appropriate security measures to store documents but does not guarantee permanent retention. Users must store their own personal backups.

12

Intellectual Property

The intellectual property of the App, including its name, design, code, graphics, systems, features, trademarks, and branding, belongs exclusively to the Company. Users may not copy, reproduce, modify, reverse-engineer, disassemble, or distribute any part of the platform without written permission. Users retain ownership of their own content but grant the Company permission to display, host, archive, and use the content as necessary for the operation of the App.

13

Security and Account Protection

The Company strives to maintain strong security, including encryption and safety protocols. Users are responsible for keeping their accounts secure and agree to notify the Company immediately if they suspect unauthorized access. The Company is not liable for losses arising from user negligence, weak passwords, or shared account access.

14

Third-Party Services

The platform integrates third-party services, including payment processors, mapping tools, OTP verification systems, and cloud storage providers. The Company is not responsible for errors, delays, or failures by these external partners. Users agree that the performance of these third-party systems is beyond the Company's control.

15

Dispute Resolution

In the event of disagreements between users—such as disputes over rent, property condition, marketplace transactions, charges, pricing, or communication—the parties involved must resolve the matter independently. The Company is not a party to any dispute, does not mediate conflicts, and is not responsible for losses occurring between users. Users may contact customer support for general assistance, but the Company's involvement remains non-binding.

16

Account Suspension and Termination

The Company reserves the right to suspend, restrict, or permanently terminate any account that violates these Terms, engages in fraud, posts illegal content, misuses the messaging system, processes unauthorized payments, or poses risks to other users. Users may request account deletion at any time, but deleted accounts cannot be restored.

17

Limitation of Liability

Users acknowledge that the Company is not liable for any losses, damages, injuries, or claims resulting from the use of the App. This includes financial loss, loss of property, disputes between users, meeting strangers through listings, property defects, damages caused by tenants or landlords, communication errors, and any indirect or consequential damages. The App is a platform only; it does not own or guarantee the accuracy of listings, nor does it take responsibility for transactions between users.

18

Indemnification

Users agree to indemnify and hold the Company harmless from any claims, damages, liabilities, or expenses arising from their use of the App, their content, their listings, their payments, or any violations of these Terms. Users bear full responsibility for the legality and accuracy of their actions.

19

Data Protection

The use of the App is subject to data protection regulations. By using the App, users agree to the collection, storage, and processing of certain personal information necessary to operate the platform. The Company does not sell or trade user data to third parties and employs secure methods to protect user information. Users may request deletion of their data subject to legal and operational requirements.

20

Changes to Terms

These Terms and Conditions may be updated from time to time. Users will be notified of any significant changes, and continued use of the App after updates constitutes acceptance of the new Terms. If a user disagrees with updated Terms, they must discontinue use of the App.

21

Contact Information

For any inquiries, support needs, report submissions, or clarification regarding these Terms, users may contact the Company through the official support channels provided within the App.