Terms of Business

These terms are the agreement between you and us for using SeaSpace. Please read them before you tick the box at sign-up. A short summary comes first, but the full terms below are what count.

1. Who we are

SeaSpace is a service of Little Qwean Limited, a company registered in Kenya (company number PVT-3QU7GM57), whose registered office is at Workable, Waiyaki Way, Westlands, Nairobi (postal address P.O. Box 2700-00606, Sarit Centre, Nairobi) ("SeaSpace", "we", "us"). You can reach us at hello@seaspace.app.

2. Who these terms are with

"You" means the business or person the SeaSpace account is for: a landlord, an agency, or a property-management business. When you tick the box at sign-up you confirm that:

• you are at least 18 years old;
• the details you give are true and up to date; and
• if you sign up for a business or for someone else, you are allowed to accept these terms for them.

People you invite to your account (co-owners, managers, front desk, property managers, viewers) use SeaSpace under your account. You are responsible for what they do in it.

3. The service

SeaSpace gives landlords, agencies and property managers online tools to run holiday rentals: calendars and calendar links, bookings and enquiries, guest messages, booking pages, owner statements, expenses, documents, reports and related records ("the Service"). We add, change and sometimes remove features as SeaSpace grows. Some features are switched on in stages, or only for some accounts. Features marked as a trial, a preview or "coming soon" may change or be withdrawn. If we take away a paid feature you rely on, we will tell you first.

4. Your account

• Keep your password private. Tell us at once if you think someone else has used your account.
• You decide who can sign in to your account and what they can see. You can remove them at any time.
• SeaSpace support staff can see your account details and system health so that we can help you. They can see your guests, bookings and money only when you, or a manager on your account, grant them access. Every action they take is logged, and you can see the log.

5. Free trial

We may offer new accounts a free trial. Its length and what it includes are shown when you sign up. When a trial ends, you need a paid licence to keep adding and changing things. Your data stays safe and you can still export it.

6. Licences, prices and payment

• Plan details. SeaSpace is sold as licences: plans, add-ons and offers for landlords, agencies and property managers. The price, billing period, what's included (for example the number of houses), and any offer or discount are set out in the plan details. You can see these on our website and in the app under Your plan before you buy. The plan details in force when you buy or renew form part of these terms. If they conflict with these terms, these terms apply, except for price and what the plan includes.
• Offers and trials apply only for the period and on the conditions stated with them.
• How you pay. You pay through the payment methods shown in the app, such as card or M-Pesa through our payment provider. We never see or store your full card number.
• Renewal. Unless the plan details say otherwise, a licence renews automatically at the end of each billing period. For card payments, we charge the price that then applies to your account, including any change in the houses on it. Other payment methods may ask you to approve each renewal. If a renewal payment fails, we will try again for a short time, then pause the licence and tell you.
• Changes to your plan. If you add or remove houses, or change plans, the price changes as the plan details describe, usually from your next renewal.
• Price and plan changes. We may change prices, plans and offers. We will give you at least 30 days' notice before a price rise, or a change that reduces what your plan includes, applies to you, by email and in the app. It then applies from your first renewal after the notice ends. If you don't agree, you can cancel before then. Changes that only lower prices or add features can apply straight away.
• Taxes. Prices include any VAT we have to charge. Little Qwean Limited is not currently registered for VAT, so no VAT is charged.
• Sponsored licences. An agency may pay for (sponsor) a landlord's access to the houses it lists. If the agency link ends, the landlord keeps access for the grace period stated in the plan details. After that, the account is locked until the landlord takes their own licence. Their data is kept and can still be exported.

7. Cancelling and refunds

• You can cancel at any time under Your plan. Your licence then runs to the end of the month you have paid for and does not renew.
• Fees for a month that has already started are not refunded, except where the law requires it or where we failed to provide the Service for a significant part of that month through our own fault.
• If we charge you by mistake, we will refund the amount in full.
• Nothing in these terms takes away rights you have under the Consumer Protection Act, 2012 or other Kenyan law.

8. Guest payments and your dealings with others

• SeaSpace does not take, hold or pass on guest payments. Guests pay the landlord or agency directly, using the payment details you enter in SeaSpace.
• Bookings are agreements between the landlord (or the agency) and the guest. Commission, payouts and other arrangements between a landlord and an agency are agreed between them. SeaSpace is not a party to these agreements and is not responsible for them being kept.
• Figures SeaSpace works out for you, such as estimated agency amounts, commission, VAT or tax, are a guide only. Check them against the original statements and receipts.

9. Linked accounts and data sharing

Landlords can link their houses to agencies and property managers. The landlord decides, house by house, what each linked business can see. By default an agency sees only "blocked" dates for bookings it did not make, with no guest names, phone numbers or amounts. An agency that sets up a house for a landlord may invite the landlord to claim it. Each linked business is responsible for how it uses what it can see.

10. The marketplace

Agencies and property managers may publish a profile, and landlords may mark houses "open to agencies". You must keep your profile accurate. A "verified" badge means we checked the business registration and KRA PIN you gave us. It is not a recommendation or a guarantee. Any fees for the marketplace are set out in the plan details. If we introduce a new fee, we will tell you first, and it will apply only from then on.

11. Your content and data

• Everything you put into SeaSpace (houses, photos, bookings, guests, money records, documents, messages) is your content, and it stays yours.
• You give us permission to store, copy, show and process your content only as needed to run the Service for you and for the people you share it with. Your public booking page and listing are shown to anyone with the link.
• You must have the right to put your content into SeaSpace, including any personal data about guests, staff or others (see Schedule 1).
• You can download all your data at any time, on any plan, including when your account is locked.
• We may use data that has been fully anonymised and combined with other data (for example, average occupancy for a town) to improve SeaSpace and to show market figures. It never identifies you, your guests or your houses.

12. Acceptable use

You must not use SeaSpace to:

• break the law, including data protection, consumer, tax and tourism laws;
• send spam, or send WhatsApp or email messages to people who have not agreed to hear from you. When you connect WhatsApp, you must follow WhatsApp's Business and Commerce policies;
• post listings that are false or misleading, or that discriminate against guests unlawfully;
• upload anything harmful, such as viruses, or anything you don't have the right to share;
• try to get into accounts or data that aren't yours, test or overload our systems, or copy, scrape or reverse-engineer the Service; or
• resell the Service without our written agreement.

13. Other services you connect

SeaSpace works with services run by other companies, such as Airbnb and Booking.com calendar links, WhatsApp, Paystack, M-Pesa and email. Those services have their own terms. We aren't responsible for them, for example if a channel is slow to read a calendar link. Calendar links share dates only, and can be delayed. Always check for double bookings before you confirm.

14. Tax, licences and compliance

You are responsible for your own legal duties, such as KRA tax returns, county and tourism licences, insurance and guest registration. SeaSpace's tax panel, document reminders and similar tools are there to help you. They are not legal, tax or financial advice. SeaSpace does not check or enforce your compliance.

15. Availability and support

We work hard to keep SeaSpace running and your data safe, and we take backups. Even so, we can't promise the Service will always be available or free of errors. Planned maintenance happens at quiet times where we can manage it. You can contact support from the app under Settings, then Report a problem.

16. Our intellectual property

The SeaSpace software, design, name and logo belong to Little Qwean Limited or its licensors. These terms give you the right to use the Service while your account is active. They don't give you any other rights in it. If you send us ideas or feedback, we may use them without owing you anything.

17. Confidentiality

Each of us will keep the other's confidential information private and use it only for the purposes of these terms, unless the law requires otherwise.

18. Liability

• Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else the law doesn't allow us to limit.
• Otherwise, to the extent the law allows, we are not liable for: lost bookings, double bookings, lost profits or income, lost data that you could have exported, or any indirect loss.
• Otherwise, our total liability to you in any 12 months is limited to the fees you paid us in the 12 months before the claim.

19. Suspending and ending

• You can close your account at any time. Please download your data first.
• We may suspend or close an account that seriously or repeatedly breaks these terms, puts others at risk, or isn't paid. Where we can, we will tell you why first and give you time to put things right.
• When an account closes, we keep its records for the retention period set out in the Privacy Policy, then delete or anonymise them. Sections 7, 8, 11, 16, 17, 18 and 21 continue to apply.

20. Changes to these terms

We may update these terms, for example when we add features or the law changes. For an important change, we will tell you at least 30 days before it applies, by email and in the app, and ask you to accept the new version the next time you sign in. If you don't agree, you can cancel before the change applies. Each version is dated, and we keep a record of which version you accepted and when.

21. Law and disputes

These terms are governed by the laws of Kenya. If there's a dispute, please contact us first and we will try to settle it within 30 days. If we can't agree, either of us may refer it to mediation. If mediation doesn't settle it, the courts of Kenya will decide.

22. General

If any part of these terms can't be enforced, the rest still applies. If we don't enforce a right straight away, we can still enforce it later. You may not transfer your account to someone else without our agreement. We may transfer these terms to a company that takes over SeaSpace, and will tell you if we do. Notices to you go to the email address on your account. Notices to us go to hello@seaspace.app.

Schedule 1: Data Processing Terms

This schedule applies whenever SeaSpace handles personal data on your behalf, for example your guests' details. It is meant to meet section 42 of the Data Protection Act, 2019 and the regulations made under it.

S1. Roles

For personal data you put into SeaSpace about guests, staff, property managers and other people, you are the data controller and SeaSpace is your data processor. For your own account and billing details, SeaSpace is the controller (see the Privacy Policy).

S2. What we process

• Purpose: to run the Service for you, for as long as your account is open and then for the retention period.
• People: guests and enquirers, co-guests, your staff and team, property managers, agency contacts, people who write reviews, and people who send messages to your connected WhatsApp number.
• Data: names, phone numbers, email addresses, nationality and ID or passport numbers (from online check-in), booking dates and number of guests, messages, reviews, amounts paid and owed, receipts, documents and photos.

S3. Our commitments

We will:

1. process the data only on your documented instructions, which are these terms and the way you use and set up the Service. If an instruction seems to break the law, we will tell you;
2. make sure everyone who can access the data is bound to keep it confidential;
3. keep appropriate technical and organisational security measures in place, including encryption in transit, hashed passwords, role-based access, logged and time-limited support access, and backups;
4. use other processors (sub-processors) only under written terms that protect the data at least as well as this schedule. The current list is in the Privacy Policy. We will give you at least 14 days' notice of a new sub-processor, and you may object, or cancel if we can't meet your objection;
5. help you answer requests from people exercising their data rights, including through the data export, correction and deletion tools in the app;
6. tell you without undue delay, and within 48 hours of becoming aware of a personal data breach affecting your data, so that you can meet your own duty to notify the Data Protection Commissioner within 72 hours;
7. help you with data protection impact assessments and with questions from the Commissioner, where these relate to the Service;
8. when your account is closed, keep the data only for the retention period and then delete or anonymise it, unless the law requires us to keep it. You can download it all before then; and
9. give you the information you reasonably need to show that these commitments are met, and answer reasonable audit questions in writing.

S4. Your commitments

You confirm that you have a lawful basis, under section 30 of the Data Protection Act, 2019, for the personal data you put into SeaSpace. You also confirm that you have told the people concerned what you do with their data, for example in your booking conditions or your own privacy notice. If you collect ID or passport numbers, collect only what you need.

S5. Transfers outside Kenya

The data is stored on servers outside Kenya (see the Privacy Policy). You authorise these transfers. We protect them as sections 48 to 50 of the Data Protection Act, 2019 require, through contracts with our providers, encryption and access controls.

See also our Privacy Policy. Questions: hello@seaspace.app.