1. Acceptance of the Terms

By accessing or using the Kidwell platform ("Service") you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. You represent that you have legal authority to enter into these Terms and that your use complies with all applicable laws and professional obligations.

2. Definitions

Clinician – a professional user who opens an account to manage psychological assessments.
Respondent – any individual (including a parent or legal guardian) invited by a Clinician to complete forms or submit information.
User-Content – any data, file or material uploaded or transmitted by a User through the Service.

3. Changes to the Terms and to the Service

Kidwell may update these Terms or add, modify, suspend or discontinue any feature of the Service at any time. Material changes to fees or core features take effect 30 days after electronic notice. Continued use after that date constitutes acceptance of the changes.

4. No Medical Advice

The Service is a tool to assist Clinicians in managing assessments. It is not medical advice and does not replace professional judgement. Kidwell does not establish a clinician-patient relationship with Respondents.

Section A – Terms for Clinicians

5. Licence to Use

Kidwell grants you a limited, non-exclusive, non-transferable, revocable licence to use the Service for permitted professional purposes. You may not:

• modify or copy materials (except as required for authorised professional use);
• use materials for unauthorised commercial or public display;
• reverse-engineer any software in the Service;
• remove copyright or proprietary notices.

6. Professional Responsibility & Accounts

You are solely responsible for:

• keeping login credentials confidential and promptly notifying Kidwell of any unauthorised use;
• obtaining all required consents from patients, parents or guardians and verifying their identities and legal authority;
• maintaining accurate account information.

7. Acceptable-Use Policy

You must not: (a) upload illegal, defamatory, offensive or infringing content; (b) disrupt, scan, scrape, penetrate or overload the Service; (c) send unsolicited mass communications. Kidwell may suspend or terminate accounts that breach this policy.

8. HIPAA & Data Security

The platform is designed to meet HIPAA technical requirements and Kidwell is obtaining formal compliance certification for U.S. practitioners. If you are a U.S. covered entity, you must execute a Business Associate Agreement before processing PHI in the Service.

9. Fees and Payment

Billing – Certain features require fees as listed on the Kidwell website or in a separate written agreement.
Payment Terms – Fees are billed in advance and are non-refundable unless these Terms or applicable law state otherwise.
Auto-Renewal – Subscriptions renew automatically unless cancelled before the end of the current period.
Refunds – Granted only at Kidwell's discretion, except where the law requires otherwise. If Kidwell discontinues the platform, proportional refunds will be provided.
Late Payment – Kidwell may suspend or terminate access until all outstanding amounts are paid.
Taxes – Fees are exclusive of any applicable taxes, which you are responsible for paying.
Price Changes – Kidwell may change fees with 30 days' prior notice; new fees apply on the next renewal.

10. Intellectual Property

All content, software, designs and other materials within the Service are the exclusive property of Kidwell or its licensors and are protected by copyright, trademark and other intellectual-property laws. Only the rights expressly stated in these Terms are granted. You may not reproduce, distribute, modify or create derivative works without Kidwell's prior written consent.

11. Licence to User-Content

You grant Kidwell a worldwide, royalty-free licence to host, back-up, process and display your User-Content solely to provide the Service and as described in the Privacy Policy. Ownership of intellectual-property rights in your User-Content remains with you.

12. Data-Processing Roles

For patient data, Kidwell acts as a data processor on behalf of the Clinician (the data controller). For operational data relating to the Site itself, Kidwell is the data controller.

13. Disclaimer of Warranties & Service Availability

The Service is provided "as is" and "as available". Kidwell strives for high availability but does not guarantee 100% uptime. To the maximum extent permitted by law, Kidwell disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

14. Indemnification

You will indemnify and hold harmless Kidwell, its employees, representatives and suppliers from any claim, loss, cost or damage (including reasonable attorneys' fees) arising from: (a) your breach of these Terms; (b) your unauthorised use of the Service; or (c) your failure to comply with applicable laws or obligations toward patients and Respondents.

Section B – Terms for Respondents (Parents / Guardians / Participants)

15. Purpose of Forms

The forms you complete are used solely by your Clinician to support assessment. Kidwell only provides the technology platform and does not review or endorse your answers or any conclusions.

16. Consent to Process Data

By submitting information you consent to the collection, storage and processing of your data (or a minor's data for whom you have authority) as described in the Privacy Policy.

17. Minimum Age

If you are under 18 you may use the questionnaires only with the supervision and consent of a parent or legal guardian.

18. Data Rights

You may request access to, correction of, or deletion of your personal data in accordance with applicable law. See the Privacy Policy or contact Kidwell for details.

19. Limitation of Liability for Respondents

To the maximum extent permitted by law, Kidwell shall not be liable for any direct or indirect damages resulting from your use of the forms or reliance on information submitted through the Service.

Section C – General Provisions

20. Termination and Suspension

Kidwell may suspend or terminate your account: (a) for breach of these Terms; (b) for non-payment; (c) for security risk; (d) upon lawful request of a competent authority. Upon termination, access to User-Content will be disabled; a Clinician may request data export within 30 days.

21. Third-Party Services

The Service may integrate third-party tools or services. Kidwell is not responsible for their availability or performance.

22. Force Majeure

Kidwell is not liable for delay or failure caused by events beyond its reasonable control (e.g. cloud-provider outage, cyber-attack, war, natural disaster).

23. Electronic Communications

You consent to receive notices, invoices and legal communications electronically (e-mail or in-app). A notice is deemed received 24 hours after sending.

24. Entire Agreement & Order of Precedence

These Terms and the Privacy Policy constitute the entire agreement between you and Kidwell and supersede any prior agreements or representations. In the event of a conflict, these Terms prevail.

25. Governing Law & Jurisdiction

These Terms and any dispute arising hereunder are governed by the laws of the State of Israel. Exclusive jurisdiction lies with the courts of Tel Aviv-Jaffa, Israel.

26. Miscellaneous

If any provision is held unenforceable, the remaining provisions remain in effect. Kidwell's failure to enforce any right is not a waiver of future enforcement.

27. Contact Information

Questions or notices regarding these Terms:
ilya@kidwell.app