Terms of Service

1. About Qimani

Qimani is a platform operated by "Qimani Tech." Throughout these Terms of Service, the terms "We," "Us," and "Our" refer to Qimani Tech and its related services available at qimani.com. Qimani connects buyers, renters, and investors with verified property agents, agencies, and developers across Kenya. The Platform enables real estate professionals to advertise properties, manage enquiries, and grow their businesses through free trial and premium subscription plans. Buyers and renters can search, save, and enquire about properties at no cost. These Terms govern your access to and use of all Qimani features, including property listings, search tools, agent dashboards, subscriptions, and payments. By accessing or using the Platform in any capacity, you agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.

2. Who Can Use Qimani

Our platform is open to individuals aged 18 and above. By creating an account, you confirm that you are at least 18 years old and have the legal capacity to enter into a binding agreement. Agents, agencies, and developers must additionally complete our onboarding process, verify their phone number via OTP where applicable, and agree to our listing guidelines before they can publish listings. We reserve the right to refuse or revoke access to any individual or business at our discretion and without providing a reason.

3. Account Responsibilities

When you register on Qimani you agree to provide accurate, truthful, and current information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity carried out under your account, whether or not authorised by you. If you suspect unauthorised access to your account, notify us immediately at support@qimani.com. We will never ask for your password via email or phone. Accounts found to contain false information, including fake names, fabricated credentials, or fraudulent identity documents, will be suspended immediately and permanently.

4. Agent Accounts and Verification

Agents who register on Qimani go through a structured onboarding process. This includes selecting your agent type — individual, agency, or developer — completing your profile, verifying your phone number via OTP, and agreeing to our listing guidelines. Agents may optionally apply for a Verified badge by submitting documents across the following tiers:

• Tier 1 — Identity (required for verification): A valid National ID or passport, both sides required.
• Tier 2 — Tax Registration (required for verification): A KRA PIN certificate, personal or business.
• Tier 3 — Professional Proof (choose one): An EARB licence issued by the Estate Agents Registration Board, a business registration certificate, a company certificate, or a National Construction Authority (NCA) registration for developers.

5. Subscriptions and Payments

6. Listing Rules

By creating a listing on Qimani you confirm that:

• You are legally authorised to sell, rent, or market the property being listed.
• All property details including price, size, location, photos, and description are accurate and not misleading.
• Photos uploaded are genuine photos of the actual property and have not been digitally altered to misrepresent the space.
• You will update or remove the listing promptly if the property is sold, rented, or taken off the market.
• You have obtained all necessary consents from property owners if you are listing on their behalf.
• The listing does not represent a phantom listing.
• The property exists, is accessible for viewing, and is legally available for sale or rent.

7. Draft Listings and Publishing

Listings created before an active subscription is in place are saved as drafts. Draft listings are not visible to the public. Drafts are automatically deleted after 7 days of inactivity if a subscription payment is not completed. A warning email is sent 24 hours before deletion. Once payment is confirmed your listing is submitted for review. Our team reviews all listings before they go live. Approved listings are published and the agent is notified by email. Rejected listings are returned with a reason and the agent may resubmit after making corrections. We reserve the right to reject listings that violate our content guidelines, contain misleading information, or feature low-quality photography.

8. Featured Listings and Add-Ons

9. Free Trial

New agents may access a one-time free trial that includes a limited number of listing slots. The free trial is offered once per individual and cannot be claimed again by creating a new or duplicate account. Free trial listings rotate in the same flat pool as paid listings and receive equal visibility. Once free trial slots are used, a paid subscription is required to continue listing. Attempts to circumvent the one-time nature of the free trial by registering duplicate accounts using different phone numbers, identity documents, or devices will result in immediate and permanent account suspension.

10. Lead Management and Analytics

When a buyer submits an enquiry through your listing, a lead is created and stored in your dashboard. You will also receive an email notification. Lead data including buyer name, phone number, email address, and message is accessible only to the agent who owns the listing. Agents are expected to respond to leads promptly and professionally. We track anonymous behavioural events on listings including views, phone clicks, WhatsApp clicks, saves, and shares to power the analytics dashboard. Full analytics are available to all agents regardless of plan tier. This data is used to help agents understand listing performance.

11. Partner Referrals

Qimani partners with vetted third-party service providers including software developers, photographers, videographers, mortgage advisors, interior designers, conveyancers, and property valuers. Agents and buyers may be presented with referral opportunities when using the platform. If you choose to engage a partner through our referral system, you enter into a separate agreement directly with that partner. Qimani facilitates the introduction but is not a party to and takes no responsibility for the quality, pricing, or outcomes of services delivered by our partners.

12. Prohibited Conduct

When using Qimani you agree not to:

• Create fake, duplicate, or misleading property listings.
• Impersonate another agent, agency, or any member of the Qimani team.
• Attempt to contact buyers obtained through our platform outside of our system to circumvent Qimani's platform or avoid subscription fees.
• Upload manipulated or stock photos that do not represent the actual property.
• Use automated tools, bots, or scrapers to extract listing data or contact information from our platform.
• Attempt to reverse-engineer, disable, or tamper with any security feature of the platform.
• Submit fraudulent identity documents, KRA PIN certificates, EARB licences, business registration certificates, company certificates, or NCA registrations during the verification process.
• Use our platform to advertise properties you are not authorised to list.
• Harass, threaten, or abuse buyers, other agents, or members of our support team.
• Share your account credentials with any other person or allow others to use your subscription.
• Create duplicate or secondary accounts to claim the free trial listing slots more than once. The free trial is a one-time offer per individual, phone number, and device.

13. Suspension and Termination

14. Intellectual Property

All platform design, branding, features, code, and content produced by Qimani remain our exclusive property. You may not copy, reproduce, or repurpose any part of our platform without written consent. Property listing content including photos and descriptions you upload remain your intellectual property. By uploading content to Qimani you grant us a non-exclusive licence to display, distribute, and use that content to operate and promote the platform, including sharing listings on social media and in email campaigns.

15. Privacy and Cookies

Your use of Qimani is also governed by our Privacy Policy explained in detail at https://www.qimani.com/privacy, which explains what personal data we collect, how we use it, and how we protect it in accordance with the Kenya Data Protection Act 2019. Our Cookie Policy, contained within the Privacy Policy, explains how we use cookies and tracking technologies on the platform. By using Qimani you consent to our data practices as described in the Privacy Policy.

16. Disclaimer

Qimani is a listing and discovery platform. We do not act as a property agent, broker, developer, or financial advisor. Market analysis data displayed on listing pages including price trends and appreciation estimates is provided for informational purposes only and should not be relied upon as professional financial or investment advice. We make no guarantees about the accuracy of listing details, the availability of properties, or the quality of agents listed on our platform. Qimani bears no liability for the outcome, completion, or failure of any property transaction facilitated through the platform.

17. Limitation of Liability

To the maximum extent permitted under Kenyan law, Qimani and its team shall not be held liable for any indirect, consequential, or incidental damages arising from your use of the platform. This includes but is not limited to financial loss arising from a property transaction, loss of leads or business opportunity due to platform downtime, or damages resulting from interactions with other users or third-party partners. Our total liability to you for any direct claim shall not exceed the total subscription fees you paid to us in the 3 months preceding the claim.

18. Force Majeure

Qimani shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control. This includes but is not limited to acts of God, natural disasters, telecommunications failures, power outages, internet disruptions, actions of government or regulatory authorities, civil unrest, or any other event that could not reasonably have been anticipated or prevented. In such circumstances we will notify you as soon as practicable and resume normal service as quickly as possible.

19. Dispute Resolution

We encourage you to contact us directly before pursuing any formal legal action. Most concerns can be resolved quickly through our support team at support@qimani.com. If a dispute cannot be resolved informally within 30 days of written notice, both parties agree to attempt resolution through mediation before proceeding to litigation. Any disputes that proceed to formal legal proceedings shall be subject to the exclusive jurisdiction of the courts of Kenya.

20. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Nothing in these Terms limits your statutory rights under Kenyan consumer protection law.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

22. Changes to These Terms

We may update these Terms as our platform evolves. For significant changes we will notify registered users by email at least 14 days before the new terms take effect. Your continued use of the platform after that date constitutes acceptance. If you do not agree with updated Terms you may close your account before the effective date by contacting us at support@qimani.com. Closing your account does not entitle you to a refund of any fees already paid.

23. Contact Us

If you have questions about these Terms or need support, please contact us:

• Email: terms@qimani.com
• Support: support@qimani.com
• Phone: +254 798 431 212
• Platform: qimani.com