Terms & Conditions

You must be at least 18 years old and capable of forming a binding contract under the laws of Kenya. If you use the Service on behalf of a company or other entity, you represent that you are authorised to bind that entity to these Terms.

When you create an account you agree to:

• Provide accurate, current, and complete information;
• Keep your login credentials confidential and secure;
• Be responsible for all activity that occurs under your account;
• Notify us promptly of any unauthorised use of your account.

We may suspend or terminate accounts that contain false information or are used in breach of these Terms.

Landlords and property managers are solely responsible for the accuracy and legality of the listings, photos, videos, prices, and other content they publish. You agree not to post content that is fraudulent, misleading, infringing, or that you do not have the right to share. You grant Swyft a non-exclusive licence to host and display your content for the purpose of operating the Service.

You agree not to:

• Use the Service for any unlawful, fraudulent, or harmful purpose;
• Misrepresent property, fees, or your identity;
• Harass, defraud, or harm other users;
• Attempt to gain unauthorised access to the Service or interfere with its operation;
• Violate applicable real estate, consumer protection, or data protection laws.

Swyft does not hold, receive, or move your money. Tenants continue to pay into your existing paybill, till, or bank account exactly as before. Where you connect a bank or payment rail, Swyft accesses payment notifications on a read-only basis solely to match payments, generate receipts, and track arrears on your behalf.

Certain features (such as listing boosts or rent management tooling) are paid services. Fees, where applicable, are presented before you purchase and are payable in Kenyan Shillings. Except where required by law, fees are non-refundable.

You represent and warrant that you own, or are expressly authorised to manage, every bank account, paybill, till, or payment rail you connect to the Service (each a “Connected Account”). You must not connect, or attempt to connect, any account you do not own or control. You authorise Swyft to receive and process read-only payment notifications for each Connected Account solely to reconcile rent, generate receipts, and track arrears on your behalf. We may require verification of ownership or authority before activating a Connected Account, and may decline, suspend, or remove any Connected Account we are unable to verify. You are responsible for every Connected Account registered under your company, and you agree to indemnify Swyft against any claim, loss, or regulatory action arising from your connecting an account you did not own or were not authorised to connect.

In respect of personal data relating to tenants and payers that is observed through your Connected Accounts, you act as the data controller and Swyft acts as your data processor, processing such data only on your documented instructions and as described in our Privacy Policy. You confirm you have a lawful basis under the Data Protection Act, 2019 to process this data for rent reconciliation and to authorise Swyft to do so on your behalf.

The Service relies on third parties such as banks, mobile money providers, and infrastructure providers. We are not responsible for the availability, accuracy, or actions of these third parties, and your use of them may be subject to their own terms.

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, or that any reconciliation or report will be free of inaccuracies. Swyft is not a party to any rental agreement between landlords and tenants.

To the maximum extent permitted by law, Swyft shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill arising from your use of the Service.

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms or where we are required to do so by law. Provisions that by their nature should survive termination will survive.

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the Republic of Kenya, and the courts of Kenya shall have exclusive jurisdiction over any dispute arising from them.

Questions about these Terms? Email us at contact@swyft.africa.