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Version 1.0 • Effective October 2026

DRAFT — Requires Formal Legal Review

This document represents the authoritative operational Terms of Service governing the EstateTrack platform per Master Blueprint §19. Formal jurisdiction-specific legal counsel review is conducted prior to individual market commercial activations.

Terms of Service

EstateTrack Multi-Tenant Real Estate Operating Platform

Plain-Language Summary

EstateTrack is an operational record-keeping and workflow system for landlords, property managers, caretakers, and tenants. We record rent claims, settlements, and double-entry reconciliations, but we never hold, process, or move rent funds. Your subscription is collected via licensed billing gateways, while rent settles directly into landlord bank or mobile money accounts. Every ledger entry is permanent and append-only.

1. Acceptance & Authority

By creating an account, accepting an organization invitation link, subscribing to a platform plan, or using EstateTrack (accessible via myestatetrack.com and authorized subdomains), you enter into a binding legal agreement with XILFANX LLC (“EstateTrack”, “we”, “us”).

If you register on behalf of a corporate property owner, institutional trust, or property management agency, you represent and warrant that you hold full legal authority to bind that entity to these Terms.

2. What EstateTrack Is and Is Not

What EstateTrack is: A digital record-keeping, maintenance coordination, vacancy discovery, and payment claim reconciliation system. We provide landlords and tenants with an authoritative append-only ledger to track invoices, claims, settlements, and credit balances.

What EstateTrack is not: EstateTrack is not a bank, custodial escrow agent, money transmitter, or payment processor for rent. Rent never passes through EstateTrack and never uses a payment gateway. Tenants remit rent directly to landlord receiving accounts (bank accounts, mobile money paybills). The only money EstateTrack receives is its own software subscription fee, collected via licensed third-party billing gateways (Paddle, Safaricom Daraja) or manual subscription claims.

3. The Five Account Types & Tenancy Tree

EstateTrack maintains a strict hierarchy consisting of exactly five account roles:

1. Platform Admin:

Root and permission-scoped sub-admins overseeing platform infrastructure and disputes.

2. Landlord / Executive Manager:

Owner or portfolio operator holding an organization with full authority over its properties and finances.

3. Property Manager:

Staff member strictly scoped to assigned properties within a single organization; no portfolio creation.

4. Caretaker:

Field staff managing maintenance work orders and turnaround inspections; zero financial access.

5. Tenant: A resident linked to exactly one occupied unit under a lease. Prospective vacancy seekers are public visitors who confirm email ownership to submit leads; seekers do not hold accounts or login credentials.

4. Identity Rules: One Email, One Place

An email address can occupy exactly one active position in the entire platform tenancy tree at a given time. If an email is already associated with an active organization, landlord, staff assignment, or lease, it cannot be registered in a second capacity without completing account transition, move-out, or archiving.

5. Account Security & No Impersonation

Users are solely responsible for maintaining the confidentiality of authentication credentials. Roles, organizations, and property assignments are strictly enforced by the server and PostgreSQL Row-Level Security (RLS) and cannot be self-edited. No one, including platform administrators, ever logs in as or impersonates another user. Support assistance is conducted via read-only scoped ticket inspection with full audit logging.

6. Payment Claims — Facts & False Claim Penalties

When a payer submits a payment claim, the claim records exactly three assertions: (1) the monetary amount sent, (2) the payment reference or transaction code, and (3) the date of payment.

A payment claim receipt is an assertion of payment, not legal proof of receipt. Submitting fabricated, forged, or duplicated transaction references constitutes a material violation of these Terms. Repeated false claims trigger automatic escalations:

  • First Offence: Formal in-app warning recorded on the account audit log.
  • Second Offence: Temporary claim pause preventing digital claim submission for a designated period.
  • Third Offence: Administrative review, potential lease flag, and platform suspension.

7. Payee Duty to Settle or Revoke Promptly

Landlords and property managers bear the affirmative operational obligation to review submitted claims promptly. Upon verifying bank or mobile money deposits, the payee must settle the claim. If funds were not received or the reference is invalid, the payee must revoke the claim and provide an explicit written reason to the tenant.

8. Append-Only Financial Ledger & Visible Corrections

The financial ledger is strictly immutable and append-only. No transaction, invoice settlement, or reconciliation entry is ever edited or deleted.

If an error occurs, the correction is recorded as a new visible compensating entry explicitly stating the rationale, author, and timestamp. Both payee and payer receive transparent visibility into all ledger corrections.

9. Settlement Reversals (90-Day Window)

An erroneous or disputed settlement may be reviewed and reversed only within 90 days of execution. Settlement reversals are strictly executed through authorized administrative protocols and append compensating rows to the ledger. After 90 days, settlements are permanently locked.

10. Subscription Standing & Read-Only Protection

Landlord subscriptions operate under four distinct standing states: Trial, Active, Expired (Read-only), and Suspended.

Non-payment never deletes data and never harms tenants. If a landlord's subscription expires, the organization transitions into Read-only mode. Historical ledgers, leases, and receipts remain 100% accessible. Tenants and caretakers retain full access to their respective portals. Adding new units, issuing new invoices, and onboarding new leases are temporarily gated until renewal. For complete billing details, refund terms, and metering specifications, review our Subscription & Billing Terms.

11. Administrative Suspension & Account Closure

Administrative suspension is imposed strictly for cause (verified policy breaches, fraud, or unlawful conduct). Suspension is never triggered by non-payment.

Landlords may close their organization self-service. Deactivation initiates a 30-day reversible countdown during which the account can be instantly restored. On day 30, permanent purge occurs: personal identifiers are anonymized, media attachments are erased, and financial ledger rows are moved to an archive retained for 3 years solely for tax and regulatory compliance.

12. Limitation of Liability

To the maximum extent permitted by applicable law, EstateTrack and XILFANX LLC shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of rental revenue, bank intermediary delays, or telecom outages.

Our aggregate liability to any landlord organization under these Terms is strictly capped at the total subscription fees paid by that organization to EstateTrack in the twelve (12) months preceding the incident. Mandatory consumer protections under local law remain unaffected.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the jurisdiction where XILFANX LLC is registered, without regard to conflict of law principles. Parties agree to attempt good-faith informal dispute resolution via our Support Desk for thirty (30) days prior to initiating formal arbitration or court proceedings.

14. Controlled Modification Protocol

Minor typographical corrections take effect immediately upon publication. For material changes affecting user rights, liabilities, or data retention, EstateTrack provides at least thirty (30) days advance in-app notice. Account holders are required to review and agree to updated terms upon their first subsequent login.

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