Terms of Use

To access the Services provided by the App, you are required to create and register a user account (an “Account”). When creating an Account, you agree to provide accurate, current, and complete information and to maintain and promptly update such information so that it remains accurate at all times.

You may create and maintain an Account and any related Child Profile only if you are of legal age and possess full legal capacity under applicable law, and are a parent, legal guardian, or caregiver of the relevant Child, or other authorized individual, and have the requisite legal authority and consent to provide and access information relating to that Child. You represent and warrant that you are duly authorized to create and maintain the Account and any Child Profile on behalf of the relevant Child. You agree to immediately cease use of the Services and delete the App from your device if you no longer hold such authority or consent.

A User may add one or more additional caregivers or authorized individuals to access a Child Profile (the “Additional Caregivers”). Any Additional Caregiver must independently create and maintain their own Account, and must be authorized by the User who created the original Account and must comply with these Terms and the Privacy Policy. The User who created the original Account remains responsible for managing caregiver access and permissions and for all activity carried out through or in connection with the Account and any associated Child Profile.

Each User may create and maintain only one active Account unless otherwise authorized by Creative Confidence. We reserve the right, in our sole discretion, to refuse registration, suspend, restrict, or terminate any Account for any reason whatsoever, including for violations of these Terms, our Privacy Policy or applicable law.

We may also, at any time, request additional information or take reasonable measures to verify your eligibility, authority, or compliance with these Terms. Failure to provide such information within a reasonable timeframe may result in the suspension or termination of your Account.

General Overview

The Bida Platform is an educational and awareness Platform designed to support parents, legal guardians or other authorized caregivers in tracking and understanding early childhood development and developmental milestones from birth up until around the age of six (the “Bida Platform” or “Platform”). The App allows Users to create Child Profiles to track milestones across multiple development domains, access educational content and activity recommendations, receive reminders, track vaccination status and generate progress summaries for personal reference, as well as other Services made available to the App from time to time.

The Bida Platform and the Services of the App are solely intended to promote parental awareness and engagement with child development tracking. They do not constitute, and are not intended to constitute, medical advice, diagnosis, therapeutic intervention or clinical assessments, nor do they aim to replace the services of a professional healthcare provider or any other child development professional or practitioner. Furthermore, the Services do not guarantee any particular developmental, health, educational or behavioral outcomes.

Developmental Tracking and Milestone Updates

The App enables Users to record and update information relating to developmental milestones across multiple development domains for each Child Profile. Users may periodically complete milestone-related questionnaires and provide other inputs in order to track progress and receive personalized content and recommendations.

Disclaimer: All developmental information is submitted by Users. Creative Confidence does not independently verify the accuracy, completeness or reliability of such information and does not guarantee that recorded milestones reflect a Child’s actual development.

Developmental Summaries and Reports

The Services may include tools that allow Users to generate condensed developmental summaries and reports in digital or downloadable format. These summaries compile information previously entered by the User and are intended for informational and reference purposes only.

Disclaimer: Creative Confidence does not independently verify the accuracy or completeness of User-submitted information and does not guarantee the accuracy of any generated summaries.

Educational Content, Tips and Activity Recommendations

The App provides access to educational materials, development tips and activity suggestions designed to support early childhood development based on the information inputted by the User.

Disclaimer: Such content is provided for general informational purposes only and may not be suitable for every Child or circumstance.

Vaccination Tracking and Health Records

The Services may include tools that allow Users to record, store and track vaccination status and related health information for Children. This information is inputted and maintained by Users and is not verified by Creative Confidence.

Disclaimer: Vaccination tracking features are provided solely for personal record-keeping and organizational purposes and do not constitute medical advice, diagnosis or clinical assessment.

Notes, Media, and User-Generated Content

The App may allow Users to create, organize, store, and review personal observations and materials relating to the Child’s development, growth, and activities. In this regard, Users may upload personal notes, text entries, photographs, videos, documents, and other materials created or uploaded by Users.

Disclaimer: User Media (as defined below) is stored and displayed for the User’s convenience only. Creative Confidence does not assume any responsibility over the legality of the User Media submitted by the User.

Location and Directory Information

The Services may include access to directories or location-based information relating to Well Baby Clinics, healthcare facilities or other service providers. Such information may be obtained from third-party sources or public databases.

Disclaimer: Creative Confidence does not control, endorse or guarantee the accuracy, availability or quality of any third-party services listed through the App.

Data Processing and Personalization

Certain features of the App may rely on the analysis of User-submitted information and usage data in order to generate personalized content, summaries and recommendations. Such processing is conducted in accordance with the Privacy Policy.

Users are fully and solely responsible for:

• their use of the App and for determining whether and how to use any information, content, summaries, recommendations and other features made available through the App in the best interests of the Child and in light of their own independent judgment;
• ensuring that all information submitted in relation to a Child Profile is accurate, complete and up to date. Creative Confidence does not independently verify User-submitted information and is not responsible for any consequences arising from inaccurate, incomplete or outdated information or from any reliance placed upon such information;
• all decisions relating to a Child’s care, development, education and wellbeing. The App and the Services are intended to support parental awareness and engagement only and must not be relied upon as a substitute for professional medical advice or any other qualified professional guidance;
• managing the access of Additional Caregivers and providing the relevant permissions for all activity carried out in connection with the Account and any Child Profile, including monitoring and revoking access where appropriate; and
• obtaining the required authorizations to create and manage a Child Profile for the relevant Child.

Where appropriate, Users are encouraged to consult with qualified healthcare providers, educators or other professionals in relation to any concerns over a Child’s health, development or wellbeing.

Users agree to use the App and the Services in a lawful, responsible and appropriate manner and in accordance with these Terms, including the restrictions set out below.

Users are responsible for maintaining the confidentiality and security of their Account credentials, must take reasonable steps to prevent unauthorized access to their Account and are solely responsible for all activities conducted through their Account, whether or not such activities are authorized by the User. Users must not share their login details with any third party or permit any unauthorized person to access their Account.

Users agree not to:

• use the App for any unlawful, fraudulent, harmful, abusive or unintended purpose or in a manner that infringes the rights of others;
• interfere with or disrupt the operation, security or integrity of the App;
• attempt to gain unauthorized access to any systems, networks or data associated with the App;
• upload, transmit or introduce any malicious code, viruses or harmful content; or
• misuse, copy, modify, reverse engineer or otherwise exploit any part of the App except as permitted by applicable law.

Creative Confidence reserves the right to track usage of the App and to investigate suspected violations of this section. Where misuse, unauthorized access or other prohibited conduct is identified, we may suspend or terminate the relevant Account and take any other action permitted under these Terms or applicable law.

To the fullest extent permitted by applicable law, Creative Confidence disclaims all representations, warranties and guarantees of any kind, whether express or implied.

The App and the Services are provided on an “as is” and “as available” basis for general informational and educational purposes only. They are intended to support parental awareness and engagement and are not intended to provide any medical, clinical, diagnostic or professional advice of any kind.

Information, summaries and recommendations made available through the App are based on general developmental frameworks, automated systems and User-submitted information. Such materials may not be complete, accurate or suitable for every Child or circumstance.

Creative Confidence does not warrant or represent that any information provided through the App is accurate, complete, reliable or up to date. Creative Confidence also does not guarantee any particular developmental, health, educational or other outcomes. Creative Confidence makes no representations or warranties regarding the effectiveness, suitability or results of the Services. Use of the App and reliance on any content or output generated through the Services is at the User’s own risk.

The App is not a substitute for professional medical advice, diagnosis or treatment. Users should always seek the advice of qualified healthcare providers, educators or other relevant and licensed professionals with any questions or concerns regarding a Child’s health, development or wellbeing.

In the event of a medical emergency or urgent health concern, Users should contact emergency services or a qualified healthcare provider immediately and should not rely on the App for assistance.

Intellectual Property of Creative Confidence

All intellectual property rights in and associated with the App, Bida Platform, Services and all related software, designs, databases, trademarks, logos, text, graphics, interfaces and content (collectively, “Creative Confidence Materials”) are owned by or licensed to Creative Confidence or our affiliates and are protected by applicable intellectual property laws.

Nothing in this Agreement grants the User any ownership rights, title or proprietary interest in or to the Creative Confidence Materials. Users are granted only a limited, non-exclusive, non-transferable, revocable license to access and use the App and the Services for their personal, non-commercial use in accordance with these Terms.

Except as expressly permitted under these Terms or applicable intellectual property laws, Users must not copy, reproduce, modify, distribute, display, or publish or otherwise exploit any part of the Creative Confidence Materials without the prior written and express consent of Creative Confidence.

User Media

Users may upload, create, store or submit photographs, videos or personal notes through the App (collectively, the “User Media”).

Users represent and warrant that they own or have the necessary rights, permissions and consents to submit and use any User Media, and that such User Media does not infringe any third-party rights or violate applicable law.

We do not claim ownership of User Media and do not assume responsibility for User Media submitted by Users. We reserve the right, but not the obligation, to remove or restrict access to any User Media that violates these Terms or applicable law.

We also do not access any other device feature (camera, microphone, contacts or location) unless specifically initiated by the User for User Media.

Subject to the User’s compliance with these Terms, Creative Confidence grants Users a limited, personal, non-exclusive, non-transferable and revocable license to access and use the App and the Creative Confidence Materials solely for personal and non-commercial purposes in accordance with applicable intellectual property laws (the “User License”).

The User License permits the User to access and view the Creative Confidence Materials only within the App and only as made available by Creative Confidence. No right is granted to use Creative Confidence’s trademarks, logos or branding outside the App or for any commercial, promotional or public purpose.

The User License granted to the User may not be assigned, transferred and sublicensed to any third party without the prior written and express consent of Creative Confidence.

Limitation of Liability

To the fullest extent permitted by applicable law, the User acknowledges and agrees that, in no event, shall Creative Confidence and any of its affiliates, contractors, employees, agents or third party vendors, partners, licensors, or suppliers be liable for any damages or any personal injury or any incidental, special, indirect, or consequential damages whatsoever, including but not limited to, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of the use of the App, the Bida Platform, the Services or any document or contract provided by Creative Confidence to the User (including, but not limited to, this Agreement and the Privacy Policy), however caused in connection with the User or Child regardless of the theory of liability (contract, tort, or otherwise), whether or not the User has been advised of the possibility of such damages.

To the fullest extent permitted by applicable law and without prejudice to the above, Creative Confidence shall not be liable for any loss, damage or harm arising from or in relation to:

• any reliance on any information including, but not limited to, reports, content, summaries, reminders or recommendations made available through the App;
• any reliance on any representation and warranty whether express, implied or alleged, provided by Creative Confidence to the User;
• any inaccuracy, omission or error in the Services;
• any interruption, suspension or termination of the App;
• unauthorized access to or alteration of the Personal Information of the User (as defined in the Privacy Policy);
• technical failures, security breaches or system errors;
• acts or omissions of third parties; or
• any other event which may result in damages incurred by the User or Child, except to the extent arising from the gross negligence or willful misconduct of Creative Confidence.

To the extent that liability cannot be excluded under applicable law, Creative Confidence’s total aggregate liability under these Terms or the Services shall not exceed the amount of Fifty Kuwaiti Dinars (KWD 50). Any claim for damages by a User shall be subject to the applicable statutory limitation periods prescribed by law.

Indemnification

Users agree to indemnify, defend and hold harmless Creative Confidence and any of its affiliates, contractors, employees, agents or third party vendors, partners, licensors, or suppliers from, and against, any and all claims, demands, losses, liabilities, damages, costs and expenses (including legal costs) arising out of or relating to:

• the User’s misuse of the App or Services;
• any breach of these Terms, the Privacy Policy or any other agreement provided by us to the User;
• any User Media submitted through the App;
• the User’s violation of any applicable law or third-party rights; or
• misuse of the Account.

We may rely upon, or make use of, third party service providers who assist us in operating, hosting, storing, securing, maintaining and improving the App and the Bida Platform, including providers of data-storage, security, and analytics services. We may also work in collaboration with strategic partners, sponsors, public or private institutions including governmental and financial institutions, content creators and contributors, or other individuals or entities providing the third party services (the “Third Party” or collectively, the “Third Parties”) in the development, design, delivery or promotion of certain initiatives, features, or Services related to the App and the Bida Platform. Any such collaboration is governed by separate agreements between Creative Confidence and the relevant Third Party and does not alter Creative Confidence’s or the Users responsibilities and obligations under these Terms.

Certain medical, educational, developmental or other content made available through the App may be provided and/or licensed from Third Parties to Creative Confidence (“Third Party Licensed Content”). Notwithstanding Clause 6 (Intellectual Property) above, all intellectual property rights in such Third Party Licensed Content remain with the relevant licensors unless otherwise provided for. Users do not acquire ownership rights in any Third Party Licensed Content and may only use such content solely for its intended purposes and as permitted under these Terms.

Users acknowledge and agree that Creative Confidence does not own, control or operate any service provided by Third Parties. While we select Third Party service providers with care and take reasonable steps to verify their compliance, we do not independently audit or guarantee their practices, nor do we endorse, warrant, or assume responsibility for any of the Third Parties’ acts, omissions or failures, as well as their availability, accuracy, security, content, policies or practices in connection with the Bida Platform and the App. Creative Confidence shall not be responsible or liable for any loss, damage or harm arising from, or in connection with, any services provided by Third Parties to the fullest extent permitted by applicable law.

Where the App includes links or access to external websites, platforms or other services operated by Third Parties, such access is provided for convenience only. Should you choose to open such links, websites, platform or other services operated by Third Parties, your use of the same will be subject to their own terms and conditions. Creative Confidence does not endorse, and is not responsible for, such external services.

We reserve the right, at any time and for any reason whatsoever, to suspend, restrict, or terminate a User’s Account or access to the App or the Services, with or without notice.

Users may terminate their Account at any time by discontinuing use of the App and by requesting for the deletion of their Account.

Upon suspension or termination of an Account, the User’s right to access or use the App shall immediately cease, and Creative Confidence shall have the right to either retain or delete the Personal Information of the User and Child, at its sole discretion, and in accordance with our Privacy Policy.

The rights of Creative Confidence and the outstanding obligations of the User in relation to these Terms, which by their nature are able to survive termination (including, but not limited to, those relating to Disclaimers, Intellectual Property, Limitation of Liability, Indemnities, Partnerships with Third Parties to Provide Services, Waivers, Severability, Governing Law and Dispute Resolution, and Entire Agreement), shall remain in effect following suspension or termination of an Account for a duration Creative Confidence deems appropriate.

No failure or delay by Creative Confidence in exercising any right or remedy under this Agreement shall operate as a waiver thereof. Any waiver granted shall apply only to the specific circumstance for which it is given and shall not operate as a waiver of any subsequent or continuing breach.

The exercise by Creative Confidence of any right or remedy under these Terms shall be without prejudice to any other rights or remedies available under these Terms or applicable law.

If any provision of these Terms is held by a court or other competent authority to be invalid, illegal or unenforceable, whether in whole or in part, such provision shall, to the extent of such invalidity, illegality or unenforceability, be deemed severed from these Terms.

The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired as a result of such severance.

Users may not assign, transfer or otherwise dispose of any of their rights or obligations under these Terms without the prior written consent of Creative Confidence.

We may assign, transfer, novate or otherwise dispose of all or any part of our rights and obligations under these Terms, including to any affiliate or entity, or in connection with any merger, reorganization, restructuring or other transaction, without the User’s consent and without prior notice.

Nothing in these Terms shall be construed as creating any partnership, joint venture, agency, fiduciary or employment relationship between the User and Creative Confidence.

Users have no authority to act on behalf of Creative Confidence or to bind Creative Confidence in any manner whatsoever, whether contractually or otherwise.

The App may send push notifications, alerts or other in-App communications to Users in connection with the App and the Services. Such communications may include, without limitation, reminders, feature updates, informational messages, service-related notices or other messages relevant to the use of the App, which may include any update to this Terms of Use.

Users may manage or disable push notifications at any time through their device settings or within the App, subject to the technical capabilities of the device and operating system. Disabling push notifications may limit certain features or functionality of the App, including reminders or time-sensitive notifications.

Disclaimer: We do not guarantee the timely delivery or accuracy of any reminder or notification.

From time to time, we may modify this Terms of Use to reflect industry initiatives, changes in legal requirements, changes in our commercial practices, changes in the operation of the Bida App or Bida Platform, or for any other reason we deem fit. Users will be notified via email when an updated version of this Terms of Use becomes available, and the “Effective Date” at the top of this Terms of Use will be revised accordingly. Continued use of the App following publication of an updated Terms of Use on the App constitutes acknowledgment and acceptance of the revised terms.

If a User does not agree to the updated Terms, the User must discontinue use of the App and delete the App from their device in accordance with these Terms.

These Terms shall be governed by, and construed in accordance with, the laws of the State of Kuwait. Any disputes or claims arising out of or in connection with this Agreement shall be settled by the courts of the State of Kuwait.

Any information, documents, communications or materials provided to the User by Creative Confidence in connection with a dispute, including any information that is confidential, proprietary or legally privileged, shall be kept strictly confidential by the User and shall not be disclosed to any third party except where disclosure is required by applicable law or ordered by a competent court.

These Terms, together with the Privacy Policy and any other policies or notices expressly incorporated by reference, constitute the entire agreement between the User and Creative Confidence in relation to the subject matter hereof.

The User acknowledges and agrees that no reliance has been placed on any statement or assurance which is not expressly set out in this Terms of Use or the Privacy Policy.

If you have any questions regarding these Terms, the App or the Services, please contact us at hello@joinbida.com.