Terms of Service & Platform Regulations

These Terms of Service constitute a legally binding agreement between you (the "User", "Tenant", "Host", or "Visitor") and Zulogic Labs, operating the platform branded as Accommodica ("Accommodica", "we", "us", or "our"), entered into pursuant to the Law of Contract Act (Cap 23, Laws of Kenya) and Section 83B of the Kenya Information and Communications Act (Cap 411A).

By browsing, registering an account, searching listings, scheduling physical tours, or uploading property records on Accommodica, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not accept these Terms in their entirety, you must discontinue platform usage immediately.

Accommodica operates solely as an independent online information registry, listing facilitator, and physical verification audit platform. We provide tools for property owners to publish housing availability and for property seekers to discover audited rental premises across Kenyan counties.

All tenancy agreements, security deposit refunds, rent collection terms, key handovers, and physical repairs remain private contractual covenants concluded strictly between the Landlord and Tenant under the applicable landlord and tenant laws of Kenya.

Accommodica is established with a strict commitment to eliminating phantom listings, misleading photographs, and predatory middleman markups that exploit housing seekers across Kenyan towns.

1. Scope of Physical Audits

When a listing is labeled as "Inspected" or "Verified", an Accommodica field inspector or authorized agent has physically visited the premises to verify:

• The physical existence, street address, and geographical coordinates of the property.
• The architectural room configuration (number of bedrooms, bathrooms, and floor layout).
• Consistency between photographs taken during audit and images displayed on the platform.
• Verification of the Host's identity via Kenyan National ID or Passport.

2. Clear Limitations of Physical Audits

Accommodica's physical audit does not constitute an architectural safety certification, engineering survey, soil soundness warranty, or latent defect inspection under the National Construction Authority Act. We do not guarantee continuous 24-hour utility supply (water, electricity, internet), neighborhood quiet enjoyment, or subsequent post-inspection alterations executed by the landlord.

Every individual or corporate entity registering as a Host or listing a residential premise on Accommodica covenants to uphold the following statutory and platform obligations:

When utilizing Accommodica to search for premises, schedule tours, or calculate moving expenses, tenants and property seekers agree to:

• Provide accurate, truthful personal and contact details during tour reservations.
• Observe mutual respect, punctuality, and personal safety during physical viewing appointments.
• Refrain from damaging, trespassing, or engaging in disorderly conduct on inspected premises.
• Never engage in fraudulent subletting schemes, identity theft, or unauthorized commercial activities using platform data.
• Promptly notify Accommodica at info@accommodica.com if any host demands viewing fees or displays conduct contrary to these Terms.

Accommodica enables property seekers to schedule in-person site visits with verified landlords. Site visits are arranged directly between the prospective tenant and host.

All rental prices, listing fees, and deposit estimates displayed across Accommodica are denominated in Kenya Shillings (KES) unless explicitly stated otherwise.

1. Payment Gateway Processing

Electronic payments on Accommodica (such as premium listing promotions or platform subscription fees) are processed via licensed Payment Service Providers (including Paystack), regulated under the National Payment System Act and Central Bank of Kenya guidelines. Zulogic Labs does not store raw credit/debit card numbers on its servers.

2. Tax Obligations

Hosts bear sole responsibility for declaring rental revenue and remitting applicable residential rental income tax (MRI) or withholding tax to the Kenya Revenue Authority (KRA) pursuant to the Income Tax Act (Cap 470) and Tax Procedures Act, 2015.

Users must comply strictly with the Computer Misuse and Cybercrimes Act, 2018 (Act No. 5 of 2018) and the Kenya Information and Communications Act (Cap 411A). Under no circumstances may any user:

• Deploy automated scripts, crawlers, scrapers, or bots to harvest property records, host telephone numbers, or photographic assets without prior written consent from Zulogic Labs.
• Circumvent authentication barriers, probe platform vulnerabilities, or launch denial-of-service (DDoS) operations.
• Upload false, misleading, defamatory, or fraudulent housing advertisements.
• Harvest, republish, or misuse host or tenant contact data for unsolicited commercial communications.
• Misrepresent an affiliation with Zulogic Labs, Accommodica, or municipal housing authorities.

Violations will be reported to the National Computer and Cybercrimes Coordination Committee (NC4) and the Directorate of Criminal Investigations (DCI) for prosecution under Kenyan law.

All trademarks, service marks, brand assets, source code, user interface designs, and editorial compilations on Accommodica are the exclusive intellectual property of Zulogic Labs and are protected under the Copyright Act (Cap 130) and the Industrial Property Act of Kenya.

By submitting photographs, floor plans, and listing descriptions to Accommodica, Hosts grant Zulogic Labs a perpetual, worldwide, royalty-free, non-exclusive license to display, optimize, watermark, and distribute such media for the purpose of operating and promoting the Accommodica registry.

The platform is provided on an "as-is" and "as-available" basis without warranties of uninterrupted uptime or fitness for a particular purpose, to the fullest extent permitted under the Consumer Protection Act, 2012 (No. 46 of 2012).

To the maximum extent permitted under Kenyan law, Zulogic Labs, its officers, employees, and agents shall not be liable for:

• Any indirect, punitive, or consequential loss, loss of profits, loss of rental revenue, or moving expenses.
• Any property loss, personal injury, theft, or physical damage incurred during private on-site property viewings.
• Any breach of tenancy agreements, eviction disputes, or deposit withholding disputes between landlords and tenants.
• Temporary platform downtime caused by upstream telecommunications or server maintenance.

In all circumstances, Zulogic Labs' aggregate liability arising out of or relating to your use of Accommodica shall not exceed the amount paid by you to Accommodica in the preceding three (3) months, or KES 5,000, whichever is greater.

Zulogic Labs reserves the right, without prior notice and at its sole discretion, to suspend, de-list, or permanently terminate user accounts and published properties where:

• A host submits falsified identification documents or attempts to upload ghost listings.
• A host or agent is verified to have demanded viewing fees from property seekers.
• A user engages in harassment, threats, or discriminatory behavior toward property seekers, hosts, or Accommodica staff.
• A user violates any provision of the Computer Misuse and Cybercrimes Act, 2018 or Kenyan penal statutes.

These Terms of Service are governed by and construed in accordance with the substantive laws of the Republic of Kenya.

1. Mandatory Informal Negotiation

Prior to initiating any formal legal or arbitral proceedings, the aggrieved party agrees to deliver written notice specifying the details of the grievance to info@accommodica.com. Zulogic Labs and the user shall engage in good-faith negotiations for a minimum period of fourteen (14) calendar days to resolve the matter amicably.

2. Arbitration

If a dispute cannot be resolved through informal negotiations within fourteen (14) days, it shall be referred to and finally resolved by arbitration under the Arbitration Act, 1995 (Cap 49, Laws of Kenya) and the rules of the Nairobi Centre for International Arbitration (NCIA):

• The seat of arbitration shall be Nairobi, Kenya.
• The tribunal shall consist of one (1) arbitrator agreed upon by the parties, or in default of agreement, appointed by the NCIA Registrar.
• The language of arbitration shall be English.
• The arbitral award shall be final and binding upon the parties.

Nothing in this clause deprives consumers of their statutory right to lodge complaints with the Competition Authority of Kenya (CAK) or competent small claims courts pursuant to the Consumer Protection Act, 2012.