Terms of Service

These Terms govern the use of the Khaya4Rent platform, WhatsApp assistant, and agent management portal provided by Trieva Technologies (Pty) Ltd.

By using Khaya4Rent as an agent or interacting with Penny on WhatsApp as a prospective tenant, you agree to these terms.

1. Acceptance of terms

By registering for an account, accessing the Khaya4Rent agent portal, or sending messages to our automated WhatsApp system, you agree to be bound by these Terms of Service. If you do not agree, you must discontinue using our services immediately.

2. Description of service

Khaya4Rent provides automated lead qualification, property matching, and viewing scheduling tools for rental real estate via WhatsApp and a web-based dashboard. Our automated assistant, Penny, communicates with prospective tenants on behalf of registered letting agents.

3. Agent accounts & responsibilities

3.1 Listings. Agencies and letting agents are responsible for maintaining accurate property listing details, availability, and pricing. You agree not to upload fraudulent or misleading property information.

3.2 Tenant information. As the letting agent or agency using Khaya4Rent, you are the responsible party under the Protection of Personal Information Act 4 of 2013 (POPIA) for the personal information of prospective tenants that Penny collects on your behalf. You are responsible for having a lawful basis to process that information, for using it only to assess and arrange rentals, for respecting tenant privacy when you contact tenants outside Khaya4Rent, and for responding to tenants who ask to access, correct, or delete their information. We will reasonably assist you with these requests.

3.3 Tenant selection is your decision. The Khaya Score and Penny's summaries are decision aids based only on what a tenant told Penny. You remain solely responsible for whom you offer viewings and leases to, for verifying what tenants tell you, and for complying with all laws that apply to tenant selection, including laws against unfair discrimination.

3.4 Our role as operator. When we process tenants' personal information through Khaya4Rent, we do so as an operator under POPIA — on your behalf and on your instructions. We will:

• process that information only to provide the service to you;
• keep it confidential and protect it with reasonable technical and organisational safeguards;
• use trusted service providers to run the service (for example WhatsApp messaging, cloud hosting, database, and AI providers), some of which may process information outside South Africa, and remain responsible for how they handle it;
• tell you promptly if we become aware that the information has been accessed or acquired by an unauthorised person; and
• delete or return it when your subscription ends, in line with the retention periods in our Privacy Policy.

4. Tenant enquiries

Interactions with Penny on WhatsApp are designed to assist you in finding rental properties. While Penny assists with qualification and booking viewings, rental approvals, lease agreements, and tenancy decisions remain solely between you and the respective property agent or landlord.

Penny is an AI assistant and can make mistakes. Property details come from the agent, so please confirm them with the agent before you commit to anything. Before Penny collects your personal information, she will ask you to agree to how it will be used, as explained in our Privacy Policy.

5. Pricing & billing

Subscribing agencies agree to monthly billing based on their chosen tier. Subscriptions include a set quota of qualified leads per agent per calendar month. A lead is counted toward this quota once Penny has finished qualifying it, and remains counted for billing purposes even if it is later deleted from the agent portal — deleting a lead removes it from your own portal view only, and does not affect the usage record used for billing. Leads beyond the monthly quota are charged at the specified overage rates. Setup fees are non-refundable once service provisioning begins.

6. Intellectual property

6.1 All software, proprietary algorithms (including the Khaya Score), branding, logos, and interface designs are owned by Trieva Technologies (Pty) Ltd. Users receive a limited, non-exclusive license to access and use the platform.

6.2 Agents keep ownership of the listing content they upload (such as descriptions and photos). By uploading it, you grant Trieva Technologies a limited license to store, display, and send it to prospective tenants as part of the service, and you confirm that you have the right to do so.

7. Disclaimers, liability & indemnity

7.1 As is. Khaya4Rent is provided on an "as is" and "as available" basis. Trieva Technologies does not guarantee uninterrupted service or specific lease conversion outcomes.

7.2 AI and scoring. Penny is an AI assistant and the Khaya Score is an automated estimate. Either can be wrong or incomplete. We do not guarantee the accuracy of what tenants tell Penny or of any score, and you should not rely on them as the only basis for a decision.

7.3 Third-party services. Khaya4Rent depends on services we do not control, including WhatsApp (Meta), messaging and hosting providers, and AI providers. We are not liable for outages, delays, message-delivery failures, or policy changes at those providers, including restrictions placed on WhatsApp accounts or message templates.

7.4 Limit of liability. To the fullest extent permitted by law, Trieva Technologies' total liability to you arising out of or in connection with these Terms or the service, whether in contract, delict, or otherwise, is limited to the subscription fees you paid us in the 12 months before the event that gave rise to the claim. We are not liable for indirect or consequential loss, or for loss of profit, rent, lease income, deals, or goodwill.

7.5 What is not limited. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for our fraud, gross negligence, or wilful misconduct, or — where the Consumer Protection Act 68 of 2008 applies to you — your rights under that Act.

7.6 Indemnity. You indemnify Trieva Technologies against losses, damages, and reasonable costs (including reasonable legal fees) that arise from claims made by third parties, such as tenants, landlords, or regulators, to the extent those claims result from:

• listing content or other material you upload, including any claim that it is inaccurate, misleading, or infringes someone else's rights;
• your handling of personal information in breach of POPIA or these Terms;
• your decisions about which tenants to approve or reject, including any claim of unfair discrimination; or
• your breach of these Terms or your misuse of the service.

This indemnity does not apply to the extent that a claim is caused by our own breach of these Terms, negligence, or breach of the law.

7.7 How claims are handled. If we receive a claim you may have to cover, we will tell you promptly and give you the opportunity to handle its defence and settlement, with our reasonable cooperation. You may not settle a claim in a way that admits fault on our behalf or restricts us without our written consent.

8. Termination

You may cancel your agent subscription at any time by written notice to [email/contact]. Trieva Technologies reserves the right to suspend or terminate accounts that breach these Terms or misuse the messaging system.

9. Governing law

These terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes will be subject to the jurisdiction of the South African courts.

10. Contact information

For questions regarding these Terms of Service, please contact us at: