Terms of Service

1. Acceptance of These Terms

By accessing our website, creating an account, logging in, or using any part of TenantPro, you confirm that:

• You have the legal capacity to enter into a binding agreement;
• You have read and understood these Terms of Service;
• You agree to comply with these terms and all applicable laws; and
• If acting on behalf of a company, trust, body corporate, or other organisation, you are authorised to bind that entity.

If you do not agree to these terms, you must immediately discontinue use of the website and platform.

2. Relationship to Customer Agreements

Where your organisation has entered into a separate written agreement with Triotek (such as a Master Services Agreement, Service Schedule, or Service Level Agreement), that agreement will govern the commercial relationship between the parties.

These Terms of Service apply generally to all website visitors and users and supplement, but do not replace, any signed agreement between Triotek and a customer.

3. Description of the Services

TenantPro provides cloud-based software tools and related services intended to support property owners, landlords, managing agents, and tenants with property management activities, including but not limited to:

• Applications and tenant onboarding;
• Lease administration and document storage;
• Room and occupancy management;
• Maintenance and snagging workflows;
• Communication tools;
• Reporting and analytics;
• Billing and statement functionality;
• Wi-Fi integration and access management; and
• Third-party integrations.

We may modify, enhance, suspend, or discontinue any part of the services at any time in order to improve functionality, security, legal compliance, or operational performance.

4. User Accounts and Security

Certain areas of TenantPro require account registration and authentication.

• You must provide accurate and complete information.
• You are responsible for maintaining the confidentiality of your login credentials and one-time PINs (OTPs).
• You must notify us immediately if you suspect unauthorised use of your account.
• You are responsible for all activity conducted through your account unless caused solely by our negligence.

5. Acceptable Use

You agree not to:

• Use the services for any unlawful, fraudulent, or misleading purpose;
• Attempt to gain unauthorised access to any system or data;
• Upload malicious code, viruses, or harmful content;
• Interfere with the security or performance of the platform;
• Scrape, harvest, or extract data without written consent;
• Reverse engineer, decompile, or copy any part of the platform;
• Infringe any intellectual property or privacy rights; or
• Use the platform in a manner that could damage our reputation or operations.

6. Communications

By using TenantPro, you consent to receiving operational communications, including:

• One-time PINs and login verification messages;
• Password reset instructions;
• Service notifications and maintenance notices;
• Legal notices; and
• Account-related correspondence.

These communications may be delivered by email, SMS, WhatsApp, or in-platform notifications where appropriate.

7. Privacy and POPIA

We process personal information in accordance with the Protection of Personal Information Act, 4 of 2013 (“POPIA”) and our Privacy Policy.

By using TenantPro, you acknowledge that personal information may be collected, stored, processed, and transmitted for the purpose of providing the services, improving functionality, complying with legal obligations, and protecting the security of the platform.

7A. Credit Checks, Tenant Screening and Consent (South Africa)

Where you submit a rental or accommodation application through TenantPro as an applicant, co-applicant, funder, sponsor, or guarantor, you expressly consent to TenantPro, the relevant property owner or managing agent, and their appointed screening service providers obtaining and using your personal and credit-related information for lawful tenant screening purposes.

• Your consent includes obtaining a consumer credit report or profile from registered credit bureaux where permitted by law.
• Screening purposes may include identity verification, fraud prevention, affordability and risk assessment, and evaluating your rental application.
• Where required by applicable credit legislation, including the National Credit Act framework and regulations, your consent must be obtained before a report is requested.

We process this information in accordance with POPIA, including section 11 (consent, justification and objection) and section 18 (notification to data subjects when collecting personal information).

8. Intellectual Property

All rights, title, and interest in and to TenantPro, including all software, source code, workflows, databases, designs, branding, trademarks, and documentation, remain the exclusive property of Triotek (Pty) Ltd and its licensors.

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the services solely for your internal business purposes and in accordance with these terms.

9. Third-Party Services

TenantPro may integrate with third-party products and services, including accounting systems, payment gateways, SMS providers, WhatsApp services, cloud storage, and Wi-Fi platforms.

We do not control these third-party services and are not responsible for their availability, security, functionality, pricing, or terms of use.

10. Service Availability

We use commercially reasonable efforts to maintain the availability and security of TenantPro, but the platform is provided on an “as is” and “as available” basis.

Service interruptions may occur due to scheduled maintenance, software updates, internet failures, third-party outages, cyber incidents, force majeure events, or other circumstances beyond our reasonable control.

11. Fees and Billing

Access to certain TenantPro services may be subject to fees under a separate quotation, subscription plan, or written agreement.

All fees are payable in South African Rand (ZAR) unless otherwise stated and are exclusive of VAT unless expressly indicated.

12. Suspension and Termination

We may suspend or terminate access to TenantPro immediately where:

• You breach these terms;
• We suspect fraud, abuse, or security risks;
• We are required to do so by law;
• Fees remain unpaid where applicable; or
• Your use threatens the stability or integrity of the platform.

13. Disclaimers

TenantPro is a management and administrative tool. We do not guarantee the legal, financial, or operational outcomes of decisions made by users based on data or reports generated by the platform.

Users remain solely responsible for verifying the accuracy of information and for complying with all laws, regulations, and contractual obligations applicable to their operations.

14. Limitation of Liability

To the fullest extent permitted by law, Triotek will not be liable for any indirect, incidental, consequential, punitive, or special damages, including loss of profits, revenue, goodwill, business opportunity, or data.

Our aggregate liability arising out of or relating to these terms shall be limited to the amount actually paid by you to us during the three (3) months preceding the event giving rise to the claim.

15. Indemnity

You agree to indemnify and hold harmless Triotek, its directors, employees, contractors, and affiliates from any claim, loss, damage, liability, or expense arising from:

• Your use of the platform;
• Your breach of these terms;
• Your violation of any law; or
• Your infringement of any third-party rights.

16. Confidentiality

Any non-public information disclosed through the platform or in connection with the services must be treated as confidential and may not be disclosed except as required by law or with the prior written consent of the disclosing party.

17. Force Majeure

We will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, labour disputes, internet outages, utility failures, cyber-attacks, or government actions.

18. Governing Law and Jurisdiction

These Terms of Service are governed by the laws of the Republic of South Africa.

Subject to any mandatory legal rights, the courts of Gauteng, South Africa, shall have jurisdiction over any dispute arising from or related to these terms.

19. Changes to These Terms

We may amend these Terms of Service from time to time. Updated terms will be published on our website with a revised effective date.

Continued use of TenantPro after the effective date of revised terms constitutes acceptance of the updated terms.

20. Contact Information

If you have any questions regarding these Terms of Service, please contact us:

• Triotek (Pty) Ltd
• Registration Number: 2023/804559/07
• Pretoria, Gauteng, South Africa
• Email: help@tenantpro.co.za
• Telephone: 087 821 7274
• Website: www.tenantpro.co.za