Terms of use

HAUS is operated by Go Make Real Estate LTD, 4th Floor, Laiboni Center, Nairobi, Kenya (registration PVT-KW13QOZM), is “we”. By creating an account, or by using one created for you, you agree to these terms on behalf of yourself and the organisation you are registering is “you”. If you are agreeing on behalf of a company, you confirm you are authorised to do so.

• An account belongs to one organisation. Everything created under it (properties, buildings, units, registers) belongs to that organisation and is invisible to every other account on the service.
• We may decline a request for an account, or ask for evidence that you manage the property concerned.
• Owners may create further logins with the roles the product provides. You are responsible for who you give a login to, for the role you give them, and for the buildings you assign them.
• Logins are personal and must not be shared.
• Tell us promptly if a login is compromised. Until you do, activity under it is treated as yours.
• You must be at least 18 and able to enter into a contract.

HAUS is software for recording and organising property and building-access information.

It is not, and must not be relied on as:

• a security service. Decisions to admit or refuse anybody are made by your staff.
• legal advice. House rules and tenancy records are documents you supply, and the service gives no opinion on whether they are enforceable.
• an accounting system of record for tax or audit, unless you have satisfied yourself that it meets that requirement.
• evidence that anyone has read or understood a document they accepted.

The records you put into HAUS remain yours. We hold and process them to provide the service and for no other purpose. We do not sell them or use them to train models.

Under the Data Protection Act, 2019 (Kenya) you are the data controller for the personal data in your account (residents, tenants, staff and visitors) and we are your data processor. You are responsible for:

• having a lawful basis for recording residents' and visitors' details;
• telling people at the point of collection what is being recorded and why;
• collecting only what the building needs, and keeping it accurate;
• answering requests from residents and visitors about their own data;
• registering with the Office of the Data Protection Commissioner (ODPC) where the Act requires it of you.

We will assist you with those obligations as far as the product allows, and will tell you without undue delay if we become aware of a breach affecting your data.

By recording visitors’ identity details you agree that:

• identity details are recorded for building access and safety, and are not to be used for marketing, screening, credit decisions, immigration reporting, or any purpose the visitor was not told about;
• identity documents are not to be photographed or copied;
• visits are to be signed out when people leave, so the register stays accurate;
• a downloaded access log is your responsibility once it leaves the service. Treat it as a confidential file and delete it when it is no longer needed;
• children are not to be asked for identity documents.

You must not:

• upload a house-rules document, image or record you have no right to use;
• attempt to reach another organisation's data, probe for records outside your assigned buildings, or test the service's security without our written agreement;
• scrape, bulk-extract or resell the service or its contents, or use it to build a competing product;
• use the register or the email features to send anything unsolicited to residents or visitors;
• upload malware, or anything unlawful.

Some features use automated tools, operated by third-party service providers, to produce text such as simplified or translated documents. Their output is a draft. The document you uploaded remains the authoritative version, and you are responsible for reviewing anything you publish. We are not liable for errors in automated output that you published without reviewing it.

The service sends emails and text messages to residents and visitors on your behalf. You are responsible for the contact details you enter and for the content of what you publish.

We aim to keep the service available and to improve it, but it is provided without any guarantee of uptime. Maintenance, third-party outages and faults happen. Features may change; where a change removes something you rely on, we will give reasonable notice.

Keep a way of recording arrivals on paper for when the service is unavailable.

Fees are as set out in the price list or written agreement we have sent you.

• Invoices are raised monthly and sent to the billing address on your account from billing@haus.africa. Tell us if the billing address changes. An invoice sent to the address on your account is validly issued.
• Payment is due within the number of days stated on the invoice, counted from the day it was issued. Quote the invoice number as the payment reference.
• Tax is charged where it applies and is shown separately on the invoice. If no tax line appears, none was charged.
• Trials are not invoiced. We will tell you before the first invoice is raised.

An incorrect invoice is cancelled and replaced. A cancelled invoice is not payable.

Suspension does not delete your data. Section 12 covers closure.

The software, its design and its documentation are ours. Nothing here transfers any right in them to you beyond the right to use the service while your account is open. Your records, documents and house rules remain yours; you grant us only the licence needed to host, process and display them to you and to the people you send them to.

• You may close your account at any time.
• We may suspend or close an account for a serious or repeated breach of these terms, or where continuing would put other people's data at risk. Except where the risk is immediate, we will tell you first and give you a chance to put it right.
• On closure you may export your records. After a reasonable period for that, no less than 30 days, your data is deleted, and backups holding it are overwritten on the ordinary cycle within a further 30 days.
• Deleted data cannot be recovered. Ask for your export before you close the account.

The service is provided “as is”. To the extent the law allows, we exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free, nor that any automated output is accurate.

Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, we are not liable for loss of profit, loss of business, or indirect or consequential loss, and our total liability in any twelve-month period is limited to the fees you paid us in that period.

You will indemnify us against claims arising from your use of the service in breach of these terms, in particular claims by a visitor, resident or member of staff about data you collected without a lawful basis or without telling them, and claims about documents you uploaded without the right to use them.

We may change these terms. Material changes will be emailed to account owners before they take effect and the date at the top of this page will change. If you do not accept a change, close your account before it takes effect.

These terms are governed by the laws of Kenya, and the courts of Kenya have exclusive jurisdiction. Before starting proceedings, both sides agree to raise the dispute in writing and to try in good faith to settle it within 30 days.

Go Make Real Estate LTD
4th Floor, Laiboni Center, Nairobi, Kenya
info@haus.africa