Terms of Use
These Terms govern your access to the CityDwelling platform, our property data, and the rules around its use and protection.
Scraping, automated extraction, and reproduction of CityDwelling data is strictly prohibited. Violations are subject to liquidated damages of KES 500,000 per incident and civil action under Kenyan law. See Sections 4 and 6 for full details.
Definitions
In these Terms:
- "Platform"The CityDwelling website (city-dwelling.com), mobile application, APIs, databases, and all associated tools and services.
- "Content"All property listings, photographs, pricing data, availability data, neighbourhood intelligence, building profiles, unit specifications, user-generated content, and any other information published on or through the Platform.
- "Property Data"The proprietary structured data compiled by CityDwelling through its scout network and verification processes, including rent prices, unit counts, building amenities, neighbourhood medians, and vacancy data.
- "User"Any person or entity accessing the Platform, whether as a registered user or visitor.
- "Scraping"The automated or systematic extraction of Content or Property Data by any technical means, including bots, crawlers, spiders, scripts, or data mining tools.
- "Derived Data"Aggregated, anonymised, inferred, predictive, or analytical datasets, scores, indices, models, rankings, and insights generated by CityDwelling from Platform activity, Property Data, renter demand signals, search trends, pricing patterns, and user interactions.
Ownership of Content & Property Data
2.1 Proprietary Database
CityDwelling has invested substantial resources in building the Platform and compiling Property Data through a proprietary network of field scouts, manual verification, and data enrichment processes. The Property Data constitutes an original database protected under the Copyright Act (Cap. 130, Laws of Kenya) and international intellectual property conventions to which Kenya is a party.
2.2 CityDwelling Intellectual Property
All Content, Property Data, software, design, trademarks, trade names, logos, methodologies, algorithms, and other intellectual property on the Platform are the exclusive property of CityDwelling or its licensors. Nothing in these Terms transfers any intellectual property rights to you.
2.3 User-Generated Content
Where you submit content to the Platform (such as reviews, ratings, or community insights), you grant CityDwelling a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, distribute, and display such content in connection with operating and improving the Platform. You represent that you own or have the right to submit such content.
Permitted Use
Subject to your compliance with these Terms, CityDwelling grants you a limited, non-exclusive, non-transferable, revocable licence to:
- Access and view the Platform for your personal, non-commercial use in connection with searching for, evaluating, or securing residential or commercial property in Kenya.
- Share individual property listing links via standard social sharing features provided on the Platform.
- Download or print individual listings solely for your personal reference.
All other uses not expressly permitted herein are prohibited.
Prohibited Conduct
You must not, and must not permit any third party to:
4.1 — Data Scraping & Automated Access
- Use any bot, crawler, spider, scraper, script, automated tool, or other means to access, collect, copy, or index any Content or Property Data from the Platform.
- Use any data mining, data harvesting, data extraction, or similar data gathering and extraction methods on the Platform.
- Frame, mirror, or use other techniques to simulate or replicate the appearance of the Platform.
- Access the Platform through automated means in a manner that sends more requests to CityDwelling servers than a human could reasonably produce in the same period.
- Circumvent, disable, or otherwise interfere with security features of the Platform, including features that prevent or restrict the use or copying of Content.
4.2 — Reproduction & Distribution
- Copy, reproduce, publish, republish, upload, post, transmit, or distribute any Property Data or Content without CityDwelling's prior written consent.
- Use Property Data or Content to create, compile, or contribute to any competing database, directory, listing service, or data product.
- Incorporate any Property Data or Content into any external website, application, or service without a valid data licence agreement with CityDwelling.
- Sell, sublicence, rent, or otherwise commercialise Property Data or Content in any form.
4.3 — API & Technical Misuse
- Access or attempt to access any API endpoint, data feed, or backend system of the Platform without express written authorisation from CityDwelling.
- Reverse engineer, decompile, or disassemble any part of the Platform.
- Introduce viruses, trojans, worms, or other malicious code into the Platform.
- Attempt to gain unauthorised access to any part of the Platform, server, or database connected to the Platform.
4.4 — Misrepresentation & Fraud
- Impersonate CityDwelling, a CityDwelling employee, or any other person or entity.
- Falsify property information, create fraudulent listings, or submit false or misleading content.
- Use the Platform for any unlawful purpose or in violation of applicable Kenyan law, including the Computer Misuse and Cybercrimes Act, 2018.
Data Licence & Commercial Use
Any commercial or bulk use of CityDwelling's Property Data — including by real estate agencies, developers, fintech companies, media organisations, research institutions, or data resellers — requires a separate written Data Licence Agreement with CityDwelling.
Unauthorised commercial use of Property Data constitutes a material breach of these Terms and may constitute infringement of CityDwelling's database rights, entitling CityDwelling to seek injunctive relief and damages.
Data licensing enquiries
legal@city-dwelling.comDerived & Analytical Data
CityDwelling may generate, compile, and commercialise aggregated, anonymised, inferred, predictive, or analytical datasets derived from Platform activity, Property Data, renter demand signals, search trends, pricing patterns, market activity, and user interactions.
Such Derived Data — including DealScores, renter fit scores, vacancy demand predictions, pricing engines, neighbourhood indices, AI recommendation models, and investor intelligence outputs — constitutes proprietary intellectual property of CityDwelling, regardless of whether it is presented in identifiable or aggregated form.
No User acquires any rights in Derived Data by virtue of accessing the Platform or contributing data to it. CityDwelling reserves the exclusive right to commercialise Derived Data with third parties, including developers, financial institutions, and research organisations.
AI & Machine Learning Restrictions
Without CityDwelling's prior written consent, you may not use the Platform, Content, Property Data, or Derived Data to:
Prohibited AI Uses
- Train, fine-tune, evaluate, or benchmark any machine learning model, foundation model, large language model, or AI system.
- Generate embeddings, vector representations, or synthetic datasets based on Platform content.
- Develop, test, or improve any automated decision-making system, property valuation engine, or recommendation algorithm.
- Use outputs from the Platform as labelled or unlabelled training data for any AI or ML pipeline.
- Prompt or query any AI system to extract, summarise, or reconstruct Platform data at scale.
AI and data science partnerships are available under separate commercial agreements. Contact partnerships@city-dwelling.com to enquire.
No Reliance
Property Data, pricing estimates, DealScores, renter recommendations, neighbourhood intelligence, and analytics published on the Platform are provided for informational purposes only. They do not constitute financial, legal, investment, or housing advice.
Users acknowledge that they must not solely rely on Platform data when making financial, legal, investment, or housing decisions. Users are solely responsible for independently verifying all material property information — including rent levels, availability, building condition, landlord legitimacy, and neighbourhood safety — before entering into any transaction or agreement.
CityDwelling expressly disclaims liability for any loss or damage arising from reliance on Platform data without independent verification.
Communications & Lead Matching
CityDwelling may facilitate communications, recommendations, and lead matching between renters, landlords, developers, agents, and property managers through the Platform.
CityDwelling does not guarantee:
- That landlords or agents will respond to enquiries.
- The availability, accuracy, or condition of any listed property.
- The suitability of any tenant, renter, or prospective occupant.
- The legitimacy, identity, or creditworthiness of any party.
- The successful conclusion of any rental transaction.
Users remain solely responsible for evaluating and verifying counterparties before entering into any rental, lease, or payment agreement. CityDwelling is not a party to such agreements.
Account Suspension & Termination
CityDwelling reserves the right to suspend, restrict, or permanently terminate your account and access to the Platform at its sole discretion, without prior notice, where necessary to:
- Protect the integrity, security, or performance of the Platform.
- Prevent, investigate, or remediate fraud, abuse, or misuse.
- Enforce these Terms or any other applicable policy.
- Comply with applicable law, regulation, or court order.
- Respond to complaints from other users, landlords, or third parties.
CityDwelling is not liable to you for any loss resulting from suspension or termination of your account in accordance with these Terms.
Feedback
If you provide suggestions, ideas, bug reports, feature requests, or other feedback regarding the Platform, you grant CityDwelling an unrestricted, perpetual, irrevocable, royalty-free licence to use and incorporate such feedback into the Platform or any other product or service, without obligation of compensation, attribution, or confidentiality to you.
Enforcement & Remedies
12.1 Monitoring
CityDwelling employs technical and operational measures to detect scraping, unauthorised access, and misuse of the Platform, including honeypot data, traffic analysis, and IP-level monitoring. The presence of honeypot or canary data means that unauthorised data extraction is detectable and traceable.
12.2 Consequences of Breach
If you breach these Terms, CityDwelling reserves the right to, without notice:
- Immediately suspend or permanently terminate your access to the Platform.
- Pursue civil claims for damages, including lost revenue, unjust enrichment, and database right infringement.
- Seek injunctive or other equitable relief.
- Report the breach to relevant law enforcement or regulatory authorities.
- Disclose your identity and the details of the breach to third parties where required by law or to protect CityDwelling's rights.
12.3 Liquidated Damages
In the event of systematic scraping or bulk extraction of Property Data without authorisation, you agree that a minimum liquidated damages figure of KES 500,000 per incident (or the commercial equivalent of a data licence fee for the extracted data, whichever is greater) constitutes a reasonable estimate of the minimum harm caused to CityDwelling, without prejudice to CityDwelling's right to claim additional proven damages.
Disclaimers
The Platform and Content are provided on an "as is" and "as available" basis. While CityDwelling strives for accuracy in its Property Data, it does not warrant that all information is complete, accurate, or up to date at the time of access. Property availability, pricing, and specifications are subject to change without notice.
CityDwelling is not a party to any rental transaction between landlords and tenants and does not act as an estate agent or property manager unless expressly stated.
Limitation of Liability
To the maximum extent permitted by applicable law, CityDwelling shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Platform, even if CityDwelling has been advised of the possibility of such damages.
CityDwelling's total aggregate liability to you for any claim arising under these Terms shall not exceed KES 10,000 or the amount you paid to CityDwelling in the twelve months preceding the claim, whichever is lower.
Privacy
Your use of the Platform is also governed by CityDwelling's Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection and processing of your personal data as described in the Privacy Policy, in accordance with the Data Protection Act, 2019 (Kenya).
Modifications to Terms
CityDwelling may update these Terms from time to time. Where changes are material, we will notify registered users by email or in-app notification at least 14 days before the changes take effect. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.
Governing Law & Disputes
These Terms are governed by and construed in accordance with the laws of Kenya. Any dispute arising out of or in connection with these Terms shall first be subject to good faith negotiation between the parties. If unresolved within 30 days, disputes shall be submitted to the exclusive jurisdiction of the courts of Nairobi, Kenya.
Contact
For questions about these Terms, data licensing enquiries, or to report a potential breach, please contact:
Legal & Compliance
legal@city-dwelling.comCityDwelling Limited · Nairobi, Kenya
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