Tajji Terms of Use

1. Definitions

To ensure clarity and precision, certain terms used in these Terms have specific meanings:

• “Active Lease” means a legally binding rental agreement recorded within the Tajji platform and recognized under the BomaOS Pricing Constitution.
• “BomaOS” means Tajji’s operational infrastructure layer for landlords, portfolio owners, and property management firms.
• “Containment” means a structured restriction or limitation imposed by Tajji to protect platform integrity without immediately suspending an account.
• “Delegated Operator” means a person or entity authorized within the platform to perform duties on behalf of a Principal. Delegation does not transfer underlying liability unless expressly novated.
• “Economic Principal” means the lawful owner of a rental asset or portfolio.
• “Fiduciary Funds” means funds processed through Tajji that are attributable to rent, deposits, utilities, service charges, or other non-platform revenue.
• “Jirani” means Tajji’s tenant-facing identity, payment, and participation infrastructure.
• “Platform Fees” means fees earned by Tajji pursuant to the BomaOS Pricing Constitution.
• “Principal” means an Economic Principal, Occupancy Principal, or Coordination Principal.
• “Pricing Constitution” means the BomaOS Pricing Constitution governing economic semantics.
• “Payments Policy” means the Tajji Payments Policy governing fund flows and segregation.
• “Services” means BomaOS, Jirani, and related Tajji infrastructure capabilities.

2. Our Role

Tajji provides shared digital infrastructure for managing and coordinating rental property relationships.

We offer:

• BomaOS – Operational infrastructure for landlords, portfolio owners, and property management firms.
• Jirani – A tenant-facing identity, payment, and participation layer.

It is important to understand what Tajji is — and is not.

• is not a property marketplace,
• is not a broker or estate agent,
• is not a landlord,
• is not a party to your lease,
• does not set rental prices,
• does not guarantee rent collection or occupancy,
• does not assume ownership of user funds except where expressly structured under segregated configurations.

We provide infrastructure that allows independent parties to coordinate and formalize their relationships.

3. Relationship to Other Governing Documents

These Terms form part of a broader governance framework.

If there is any conflict between documents, the following order applies:

1. A signed BomaOS Infrastructure Agreement
2. The BomaOS Pricing Constitution
3. The Tajji Payments Policy
4. These Terms

These Terms do not override or reinterpret pricing rules, payment mechanics, or containment logic defined in the above documents.

4. User Roles and Responsibility

Users operate within defined structural roles, including:

• Economic Principal – Owner of rental asset(s)
• Occupancy Principal – Tenant or lawful occupant
• Coordination Principal – Authorized property operator
• Delegated Operator – Authorized representative of a Principal
• Vendor / Workforce Actor – Service provider interacting through the platform

Tajji records role attribution within its systems.

If you delegate authority to another user, you remain legally responsible for obligations unless a formal legal transfer (novation) occurs.

5. Account Registration and Verification

To use the Services, you must:

• Provide accurate and complete information.
• Undergo applicable identity verification (such as KYC, KYB, or workforce verification where required).
• Maintain the confidentiality of your login credentials.

We may request additional verification where required by law, regulation, or risk management standards.

6. Pricing and Economic Structure

All pricing logic — including Active Lease pricing, coordination actions, tiers, refund posture, and containment transitions — is governed exclusively by the BomaOS Pricing Constitution.

These Terms do not modify or redefine pricing mechanics.

7. Payments and Fund Separation

Payments processed through Tajji are governed by the Tajji Payments Policy.

7.1 Separation of Funds

• Platform Fees (earned by Tajji)
• Fiduciary Funds (rent, deposits, utilities, service charges)
• Third-Party Processor Fees

We do not:

• Use fiduciary funds for operational expenses.
• Offset platform fees against rent or deposit balances.
• Pool funds across unrelated principals.

7.2 Payment Facilitation

Tajji acts as a technical payment facilitator and orchestrator.

We are not a bank or deposit-taking institution. We do not provide financial advice or custody services beyond the defined scope of the Payments Policy.

8. Containment and Platform Integrity

Where necessary, Tajji may apply structured restrictions (“Containment”) to protect platform integrity.

Containment may include:

• Limiting creation of new leases,
• Restricting expansion actions,
• Temporarily holding disbursements pending verification,
• Imposing financial containment states.

Containment is designed to preserve continuity while addressing risk. Suspension or termination is used only where required.

9. Data Protection and Security

Tajji operates in compliance with Kenya’s Data Protection Act and applicable regulatory requirements.

9.1 Data Roles

Depending on context, Tajji may act as:

• A Data Processor (processing on behalf of users), or
• A Data Controller (where we determine the purpose and means of processing for governance, compliance, or platform integrity).

Users remain responsible for the data they introduce into the platform unless Tajji independently determines its processing purpose.

9.2 Security Controls

• Encryption in transit and at rest,
• Role-based access controls,
• Multi-tenant authorization boundaries,
• Immutable activity logging.

10. Intellectual Property

All software, infrastructure logic, governance models, and system architecture are the intellectual property of Tajji Real Estate Limited.

You receive a limited, non-transferable license to use the Services for lawful purposes.

You may not reverse engineer, replicate, or misuse Tajji’s infrastructure.

11. Acceptable Use

You agree not to:

• Use the platform for unlawful purposes,
• Upload false or misleading information,
• Interfere with system operations,
• Attempt to bypass pricing or containment controls,
• Misrepresent authority or delegation rights.

12. No Guarantee of Outcomes

Tajji provides infrastructure — not guarantees.

We do not guarantee:

• Tenant payment,
• Occupancy levels,
• Property performance,
• Regulatory approval,
• Commercial success.

Legal and commercial relationships remain between the relevant principals.

13. Limitation of Liability

To the fullest extent permitted by law:

• Tajji’s liability is limited to direct damages not exceeding fees paid by the claimant in the preceding 12 months.
• We are not liable for indirect, incidental, special, punitive, or consequential damages.
• We are not responsible for disputes between users.

14. Indemnification

You agree to indemnify Tajji against claims arising from:

• Breach of lease obligations,
• Misuse of the Services,
• Regulatory violations attributable to you,
• Unauthorized delegation of authority.

15. Termination

You may close your account once outstanding obligations are settled.

Tajji may suspend or terminate access for material breach, legal requirement, or threats to platform integrity.

Termination does not remove accrued financial obligations.

16. Digital Execution and Electronic Signatures

Tajji enables legally binding digital agreements, including lease execution and formal acknowledgments.

By using the Services, you agree that:

• Electronic signatures applied through Tajji or integrated certified providers are legally binding.
• Digital execution has the same legal effect as handwritten signatures under applicable Kenyan law.
• Platform audit logs, identity verification records, timestamps, and integrity controls may serve as evidence of execution and consent.
• You will not challenge enforceability solely because an agreement was executed electronically.

Where third-party digital signature providers are integrated, their verification frameworks apply.

17. Governing Law

These Terms are governed by the laws of the Republic of Kenya.

Unless otherwise agreed in a signed Infrastructure Agreement, disputes shall be resolved in Kenyan courts.

18. Updates to These Terms

We may update these Terms to reflect regulatory changes, infrastructure evolution, or governance updates.

Continued use of the Services after publication constitutes acceptance of the revised Terms.