Terms of Service

Introduction & Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Databrews Solutions ("Company", "We", "Us", "Our") governing your access to and use of the BukuKita mobile application ("App") and website at https://bukukita.my ("Website"), collectively referred to as the "Services".

These Terms are entered into pursuant to the Contracts Act 1950 of Malaysia. By accessing or using the Services, creating an account, or clicking "Sign Up", you represent that you have read, understood, and agree to be bound by these Terms in their entirety, together with Our Privacy Notice (v3.0), which is incorporated by reference.

We reserve the right to amend these Terms at any time. Continued use of the Services after the effective date of any amendment constitutes your acceptance of the revised Terms. We will notify you of material changes in accordance with Section 17.

Eligibility

2.1 Age Requirement

You must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher, to create an account and use the Services. By registering, you represent and warrant that you meet this requirement.

2.2 Parental and Guardian Capacity

The Services are designed for use by parents and legal guardians to manage health records on behalf of their minor children. By adding a child profile, you represent and warrant that:

1. you are the parent or legal guardian of that child; and
2. you have the full legal authority to create and manage that child's health records on the Services.

2.3 Jurisdiction

The Services are operated from Malaysia and are intended primarily for users in Malaysia. Access from outside Malaysia is permitted, but We make no representation that the Services comply with laws of any jurisdiction other than Malaysia.

Account Registration & Security

3.1 Registration

To access the core features of the Services, you must register for an account by providing accurate, current, and complete information. You agree to maintain and promptly update your account information to keep it accurate and complete.

3.2 Account Credentials

You are solely responsible for maintaining the confidentiality of your account credentials (email address and password) and for all activities that occur under your account. You must notify Us immediately at support@bukukita.my upon becoming aware of any unauthorised access to or use of your account.

3.3 One Account Per User

You may only create one account per person. The creation of multiple accounts for fraudulent or abusive purposes is prohibited and may result in immediate termination of all associated accounts.

3.4 No Transfer

Your account is personal to you and may not be transferred, sold, or assigned to any third party without Our prior written consent.

Description of Services

BukuKita provides the following features (collectively, the "Services"):

• Child Health Profiles — creation and management of health profiles for your child(ren)
• Vaccination Tracking — logging and tracking vaccination records based on the Malaysian National Immunisation Programme (NIP) and Ministry of Health (KKM) guidelines
• Immunisation Schedule — a personalised schedule generated based on your child's date of birth and gender in accordance with publicly available KKM guidelines
• Growth Tracking — logging and visualisation of growth measurements (weight, height, head circumference)
• Book Scan (OCR) — AI-assisted extraction of text from photographs of the physical KKM Child Health Record Book (Buku Kesihatan Kanak-Kanak) using Google's Gemini AI service
• Health Visit Notes — optional recording of health visit notes and medication records

We reserve the right to modify, suspend, add to, or discontinue any feature of the Services at any time, with reasonable notice where practicable.

Acceptable Use

5.1 Permitted Use

You may use the Services solely for your own personal, non-commercial purposes of managing your child(ren)'s health records.

5.2 Prohibited Conduct

You must not:

1. use the Services for any unlawful purpose or in violation of any applicable Malaysian law or regulation;
2. attempt to gain unauthorised access to any part of the Services, Our servers, or any third-party systems connected to the Services;
3. use the Services to upload, transmit, or distribute any malicious code, virus, or harmful data;
4. reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App;
5. use automated tools, bots, scrapers, or scripts to access or extract data from the Services;
6. impersonate any person or entity, or misrepresent your affiliation with any person or entity;
7. use the Services to store or transmit content that is unlawful, defamatory, obscene, or infringes the intellectual property rights of any third party;
8. attempt to circumvent any security or access control measures implemented in the Services; or
9. use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other user's enjoyment of the Services.

5.3 Compliance with Laws

You agree to comply with all applicable Malaysian laws and regulations, including but not limited to the Communications and Multimedia Act 1998, the Computer Crimes Act 1997, and the Personal Data Protection Act 2010.

Intellectual Property

6.1 Our Intellectual Property

All intellectual property rights in and to the Services, including but not limited to the App, Website, software, source code, design, graphics, text, data, databases, trademarks, logos, and any other content or materials made available through the Services ("Our IP"), are owned by or licensed to Databrews Solutions and are protected under the Copyright Act 1987 and other applicable Malaysian intellectual property laws.

6.2 Limited Licence to You

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your personal, non-commercial purposes in accordance with these Terms. This licence does not include the right to sublicense, modify, reproduce, distribute, or create derivative works from Our IP.

6.3 Your Content

You retain ownership of the health records, photographs, and other content you submit to the Services ("Your Content"). By submitting Your Content, you grant Us a non-exclusive, worldwide, royalty-free licence to store, process, display, and use Your Content solely to the extent necessary to provide the Services to you. This licence terminates when you delete Your Content or your account.

6.4 Feedback

If you provide Us with feedback, suggestions, or ideas regarding the Services, you grant Us the right to use such feedback without restriction or compensation to you.

Third-Party Services

The Services integrate with third-party service providers, including:

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the conduct, content, or practices of any third-party service provider.

Disclaimer of Warranties

• warranties of merchantability, fitness for a particular purpose, or non-infringement;
• warranties that the Services will be uninterrupted, error-free, or free from viruses or other harmful components;
• warranties regarding the accuracy, completeness, reliability, or timeliness of any content or data within the Services; or
• warranties that any defects in the Services will be corrected.

Nothing in this Section shall exclude any warranty that cannot be excluded under the Consumer Protection Act 1999 or other mandatory provisions of Malaysian law.

Limitation of Liability

9.1 Exclusion of Consequential Losses

To the maximum extent permitted by applicable Malaysian law, Databrews Solutions, its officers, employees, agents, and partners shall not be liable to you for any:

• loss of profits, revenue, or business;
• loss of data or corruption of data (other than data that We are contractually obligated to maintain);
• indirect, incidental, special, punitive, or consequential damages;

arising out of or in connection with your use of or inability to use the Services, even if We have been advised of the possibility of such damages.

9.2 Aggregate Liability Cap

Our total aggregate liability to you for any and all claims arising out of or in connection with these Terms or the Services shall not exceed RM60 (Ringgit Malaysia Sixty) or the total fees paid by you to Us in the twelve (12) months preceding the claim, whichever is greater.

9.3 Mandatory Consumer Rights

Nothing in this Section shall limit Our liability for:

1. death or personal injury caused by Our gross negligence;
2. fraud or fraudulent misrepresentation; or
3. any liability that cannot be limited or excluded under the Consumer Protection Act 1999 or other mandatory provisions of applicable Malaysian law.

Medical & Health Disclaimer

BukuKita is a personal health record management tool. It is:

• NOT a registered medical device under the Medical Device Act 2012 of Malaysia;
• NOT intended to provide medical advice, clinical diagnosis, prognosis, or treatment recommendations of any kind;
• NOT a substitute for professional medical consultation, examination, or treatment by a qualified and registered healthcare professional;
• NOT endorsed by or affiliated with the Malaysian Ministry of Health (KKM), the Malaysian Medical Council, or any other regulatory or medical body.

All immunisation schedule information is derived from publicly available KKM guidelines and is provided for general reference purposes only. Schedules may not reflect the most current guidelines and may not account for your child's individual medical history, conditions, or contraindications.

OCR accuracy: The Book Scan feature uses AI technology to extract text from photographs. Extracted data may contain errors, omissions, or misreadings. You are solely responsible for verifying the accuracy of all OCR-extracted data before relying on it.

We shall have no liability whatsoever for any medical decisions made in reliance on information contained in or generated by the Services.

Indemnification

You agree to indemnify, defend, and hold harmless Databrews Solutions, its officers, employees, agents, and partners from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

1. your use of or access to the Services;
2. your breach of these Terms;
3. your violation of any applicable law or regulation;
4. any content you submit to the Services; or
5. your infringement of any third-party rights.

Suspension & Termination

12.1 Termination by You

You may terminate your account at any time by navigating to App → Settings → Account → Delete Account. Upon termination, your access to the Services will cease immediately and your personal data will be handled in accordance with Our Privacy Notice (v3.0).

12.2 Termination by Us

We reserve the right to suspend or terminate your account, with or without notice, if We determine in Our sole discretion that:

1. you have breached these Terms;
2. your use of the Services poses a security risk or legal liability to Us or other users;
3. your account has been inactive for an extended period; or
4. We are required to do so by law or the order of a competent authority.

12.3 Effect of Termination

Upon termination for any reason:

• your licence to use the Services terminates immediately;
• you must cease all use of the App;
• We will handle your data in accordance with Our Privacy Notice;
• Sections 6 (Intellectual Property), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Medical Disclaimer), 11 (Indemnification), and 16 (Governing Law) shall survive termination.

Interruption of Services

We do not guarantee that the Services will be available at all times. The Services may be interrupted for scheduled or emergency maintenance, upgrades, or due to circumstances beyond Our reasonable control. We shall not be liable for any loss or inconvenience caused by any unavailability of the Services.

Force Majeure

We shall not be liable for any failure or delay in performing Our obligations under these Terms where such failure or delay results from circumstances beyond Our reasonable control, including but not limited to acts of God, natural disasters, pandemic, civil unrest, governmental action, failure of third-party infrastructure, or telecommunication outages.

Children's Use

The Services are not intended for direct use by children. All accounts must be created and operated by adults (18 years and above) on behalf of minor children. We do not knowingly permit minors to create accounts or submit personal data directly.

Governing Law & Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed exclusively in accordance with the laws of Malaysia, including the Contracts Act 1950, the Communications and Multimedia Act 1998, and the Consumer Protection Act 1999, without regard to conflict of law principles.

16.2 Amicable Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, the parties shall first attempt to resolve the matter amicably by written notice to support@bukukita.my. We will endeavour to respond within 21 business days.

16.3 Jurisdiction

If the dispute cannot be resolved amicably within 30 days of the written notice, either party may submit the matter to the exclusive jurisdiction of the courts of Malaysia. You irrevocably submit to the personal jurisdiction of such courts.

Changes to These Terms

We reserve the right to update, amend, or replace these Terms at any time. For material changes, We will provide at least 14 days' advance notice by:

1. sending an email to the address registered to your account; and
2. displaying a prominent notice within the App.

Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of the revised Terms. If you do not agree to any amendment, you must cease using the Services and delete your account before the effective date.

General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Notice (v3.0), constitute the entire agreement between you and Databrews Solutions with respect to the Services, and supersede all prior agreements, representations, or understandings.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in any subsequent instance.

18.4 Assignment

We may assign Our rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, or operation of law, without your consent. You may not assign your rights under these Terms without Our prior written consent.

18.5 Language

These Terms are drafted in English and Bahasa Malaysia. In the event of any inconsistency, the English version prevails.

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