Terms of Service

These Terms of Service ("Terms") govern your use of the Makao platform operated by Makao Limited ("Company"), a company registered under the laws of the Republic of Kenya. By accessing or using our platform at autorentafrica.com, you agree to be bound by these Terms.

1. Definitions

• "Platform" — the Makao web application, PWA, and all related services
• "User" — any individual or entity registered on the platform
• "Landlord" — a property owner using the platform to manage rental properties
• "Tenant" — an individual renting a property managed through the platform
• "Subscription" — the paid or free tier selected by a Landlord
• "Services" — all features and functionality provided through the platform

2. Account Registration

To use our platform, you must:

• Be at least 18 years of age
• Provide accurate, complete, and current information during registration
• Maintain the confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

3. Subscription Plans & Billing

• Subscriptions are billed monthly or annually (with discounts for annual plans)
• Payment is accepted via M-Pesa, credit/debit card, or bank transfer
• A 14-day grace period is provided when tenant count exceeds the current tier
• Upgrades are prorated; downgrades take effect at the next billing cycle
• No transaction fees are charged on any rent payments processed through the platform

4. Acceptable Use

You agree not to:

• Use the platform for any unlawful purpose or activity
• Upload false, misleading, or fraudulent property or tenant information
• Attempt to access other users' accounts or data without authorization
• Interfere with or disrupt the platform's infrastructure or security
• Reverse-engineer, decompile, or extract source code from the platform
• Use the platform to launder money or finance illegal activities

5. Payment Processing

Makao facilitates payment reconciliation but is not a financial institution. We do not hold, process, or transfer funds. All payments are processed directly through integrated payment providers (Safaricom M-Pesa, Equity Bank, KCB, Co-operative Bank). We are not liable for:

• Payment delays caused by mobile network operators or banks
• Failed transactions due to insufficient funds or incorrect details
• Disputes between landlords and tenants regarding payment amounts

6. Intellectual Property

All content, features, and functionality of the Makao platform — including software, design, text, graphics, logos, and trademarks — are owned by Makao Limited and protected under Kenyan and international intellectual property laws. Users retain ownership of data they upload but grant us a license to process it for service delivery.

7. Data Protection

Our handling of personal data is governed by our Privacy Policy and complies with the Kenya Data Protection Act 2019. By using our platform, you consent to data processing as described in our Privacy Policy.

8. Limitation of Liability

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

• Indirect, incidental, or consequential damages arising from platform use
• Loss of data due to factors beyond our reasonable control
• Service interruptions caused by maintenance, updates, or force majeure events
• Decisions made based on reports or analytics generated by the platform

Our total liability shall not exceed the subscription fees paid by you in the 12 months preceding the claim.

9. Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted access. Scheduled maintenance will be communicated at least 24 hours in advance. Emergency maintenance may occur without notice.

10. Termination

• You may terminate your account at any time through the platform settings
• We may suspend or terminate accounts for Terms violations with 14 days' notice
• Upon termination, you may export your data within 30 days
• After 30 days, data will be deleted per our data retention policy

11. Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

1. Good faith negotiation between the parties
2. Mediation through the Nairobi Centre for International Arbitration (NCIA)
3. Arbitration under Kenyan law as a last resort

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any legal proceedings shall be subject to the exclusive jurisdiction of the courts of Kenya.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email and in-app notification at least 30 days before taking effect. Continued use of the platform after changes constitutes acceptance of the revised Terms.

14. Contact Information