NEWay Health (Hoppity Learning Inc.)
Terms of Use
Last updated: July 2026
These Terms of Use ("Terms") govern your access to and use of the NEWay website, waitlist, and mobile application (together, the "Services"). Please read them carefully before using the Services.
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not access or use the Services.
These Terms are intended to be read together with our Privacy Policy, which explains how we collect, use, and protect your information.
NEWay Health ("NEWay", "we", "us", or "our") is operated by Hoppity Learning Inc., a corporation organized under the laws of the State of Delaware, United States, with its principal place of business in California.
You can contact us at support@NEWayHealth.com.
The Services include a two-way communication feature that lets verified preschool teachers and the parents or legal guardians of enrolled children exchange messages, updates, and related information about a child's day, activities, and development (the "Communication Features"). Where a preschool, school, daycare, or other early-childhood program enables the Services for its staff and families, that program is referred to as the "Program", and additional terms between NEWay and the Program may apply.
In these Terms:
The Services are designed for parents, legal guardians, and other caregivers of children, and for Program staff, who are at least 18 years old.
By using the Services, you represent and warrant that:
The Services are not intended for direct use by children.
The Communication Features support two distinct roles — Staff Users and Family Users — which may have different permissions and access. By registering as a Staff User, you represent and warrant that you are employed or engaged by a Program, that the Program has authorized you to communicate with families through the Services, and that you will use the Communication Features only for legitimate, education-related communication consistent with the Program's policies.
By registering as a Family User, you represent and warrant that you are the parent or legal guardian of the child or children about whom you communicate, or a caregiver authorized by that child's parent or legal guardian, and that you are authorized to receive and share information about that child.
NEWay provides the Communication Features as a neutral platform. NEWay is not the employer of any Staff User, is not a party to the relationship between you and a Program, and does not supervise, direct, or control communications between Users. Your relationship with a Program (including any enrollment, employment, or service relationship) is governed by your separate agreements with that Program, not by these Terms.
NEWay provides educational support, non-clinical guidance, and practical tools to help you prepare for and navigate everyday parent–child communication, routines, family dynamics, and classroom management. The Services may offer scripts, strategies, programs, and insights to support your parenting or teaching.
The Services also enable direct, two-way communication between Staff Users and Family Users about enrolled children. NEWay provides the means of communication only; it does not author, verify, or endorse the content of Messages between Users.
NEWay is not:
NEWay does not diagnose conditions, does not treat mental health issues, and does not provide clinical care, therapy, or medical advice. Any guidance is general and educational and may not be appropriate for every family or situation.
If you or your child are in crisis or danger, or if you have concerns about self-harm, harm to others, abuse, neglect, or immediate safety, you must contact local emergency services, a crisis line, or relevant authorities right away. In the United States, you can call or text 988 (the Suicide & Crisis Lifeline) or call 911. Do not rely on NEWay for urgent or emergency situations. Messages sent through the Communication Features may not be read immediately and must never be used to report an emergency, an absence requiring urgent action, or a child-safety concern that requires a timely response.
Staff Users and certain other adults may be "mandated reporters" under the California Child Abuse and Neglect Reporting Act ("CANRA", Cal. Penal Code §§ 11164 et seq.) or other applicable law. NEWay is not a child-protection, safeguarding, or mandated-reporting service, and the Communication Features are not a channel for making or receiving mandated reports.
If you are a mandated reporter, you remain solely responsible for fulfilling your legal reporting obligations through the proper authorities, regardless of anything communicated through the Services. Submitting information through the Communication Features does not satisfy, transfer, or discharge any reporting duty.
NEWay does not actively monitor Messages for signs of abuse, neglect, or harm and does not undertake any duty to do so. However, NEWay may review, retain, or disclose Messages where it reasonably believes doing so is necessary to comply with law, respond to legal process, protect the safety of a child or other person, or enforce these Terms.
All Content and Outputs provided through the Services (including AI-generated guidance, scripts, programs, or articles) are for general informational and educational purposes only.
The Services do not provide and must not be used as a substitute for:
You should always seek the advice of appropriately qualified professionals (such as physicians, psychologists, teachers, lawyers, or financial advisors) for specific concerns. Never disregard, avoid, or delay obtaining professional advice because of something you read or receive from the Services.
By using the Services, you agree that:
If you use the Communication Features, you additionally agree that:
Certain features of the Services may require you to create an Account. When you create and maintain an Account, you agree to:
As a Staff User, you also agree to notify us and your Program promptly if you leave the Program or are no longer authorized to communicate with families, so that your access to the Communication Features can be updated or revoked.
You are responsible for all activities that occur under your Account, whether or not authorized by you. We are not liable for any loss or damage arising from your failure to protect your Account credentials.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial parenting or teaching support, subject to these Terms.
You agree that you will not:
The Services use artificial intelligence to generate Outputs based on the information you provide. AI-generated Outputs may not always be accurate, complete, up to date, or appropriate for your specific circumstances.
You acknowledge and agree that:
To provide AI-generated guidance, NEWay may send your prompts and related context to one or more AI Providers. These AI Providers process your data for the purpose of generating Outputs and maintaining security and safety.
We require AI Providers by written contract to handle your data in accordance with the CCPA's service-provider/contractor restrictions and applicable law. We do not permit AI Providers to use your data to build public models or for advertising or cross-context behavioral profiling.
Where the Services offer AI-assisted features within the Communication Features (such as drafting, summarizing, or translating Messages), those features are optional aids only. AI does not monitor Messages for safety, does not detect emergencies, and does not replace your own review of any Message before you send or act on it. Child Information that you place into AI-assisted features may be processed by AI Providers subject to the restrictions described above.
Subject to your compliance with these Terms and to the extent NEWay has any right, title, or interest in Outputs generated for you, NEWay assigns to you those rights so that you may use Outputs for your personal, non-commercial parenting or teaching needs.
However, due to the nature of AI systems, you acknowledge that:
"User Content" includes any text or material you submit to the Services, such as descriptions of situations, challenges, or feedback.
Messages exchanged through the Communication Features are a form of User Content. As between Users, each User retains ownership of the Messages they send. You grant the other participant(s) in a conversation, and where applicable the relevant Program, the right to read, retain, and use Messages addressed to them for legitimate communication, recordkeeping, and compliance purposes. You understand that the recipient of a Message, and the relevant Program, may retain a copy even if you later delete it or close your Account.
You retain ownership of your User Content. However, to operate and improve the Services, you grant us a limited license:
You grant NEWay a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, process, display, and use your User Content solely for:
We do not sell your User Content. To protect children's privacy, we do not use the content of Messages or Child Information to train public AI models, and we do not use it for advertising or cross-context behavioral profiling.
You represent and warrant that you have all necessary rights and permissions to provide User Content and to grant the above license, and that your User Content does not violate applicable law or the rights of others.
Some features of the Services may be offered on a paid subscription basis ("Pro"). We may use third-party app stores (such as Apple's App Store or Google Play) to manage subscriptions, billing, and refunds.
Please read this section carefully — by enrolling in a Pro subscription, you agree to automatic renewal:
Important: Deleting your Account or uninstalling the App from your device does not cancel your subscription. You must cancel your subscription directly through your app store account settings to stop future billing.
Where purchases occur through an app store, the app store provider may be considered a third-party beneficiary of these Terms and may enforce them against you. The app store provider is not responsible for:
The Services, including all software, design elements, branding, text, graphics, and other Content (excluding User Content), are owned by or licensed to NEWay and are protected by intellectual property laws.
You may not copy, modify, distribute, sell, lease, or create derivative works from the Services or any Content except as expressly permitted in these Terms.
DMCA notices. If you believe content on the Services infringes your copyright, please send a notice that complies with 17 U.S.C. § 512(c)(3) to dmca@NEWayHealth.com. Our designated agent's contact information is available at the Copyright Office's DMCA Designated Agent Directory.
In appropriate circumstances, and in accordance with the Digital Millennium Copyright Act, we will terminate the Accounts of Users who are determined to be repeat infringers.
Because the Communication Features involve information about young children, special rules apply. This Section supplements our Privacy Policy.
The Services are directed to and intended for use by adults (parents, guardians, and teachers), not children. Children do not create Accounts or use the Communication Features directly. To the extent adults submit Child Information through the Services, we collect and use that information only to provide the Communication Features and related Services, and we handle it consistent with the principles of the Children's Online Privacy Protection Act ("COPPA") and applicable law. We do not require a child to disclose more information than is reasonably necessary, and we do not use Child Information for advertising.
Where the Services are enabled by a Program, the Program may direct how Staff Users communicate and may control or co-control certain Child Information. To the extent any Messages or Child Information constitute "education records" under the federal Family Educational Rights and Privacy Act ("FERPA"), NEWay acts as a service provider to the Program and processes such information only on the Program's behalf and instructions, under a separate written agreement where required. NEWay does not use education records for its own purposes, does not sell them, and does not use them to build public AI models or for targeted advertising.
To the extent California's Student Online Personal Information Protection Act ("SOPIPA", Cal. Bus. & Prof. Code §§ 22584 et seq.), California's Early Learning Personal Information Protection Act ("ELPIPA", Cal. Bus. & Prof. Code §§ 22586 et seq.), which extends similar protections to information about preschool and prekindergarten students, or similar student-privacy laws apply to Child Information processed through the Services, NEWay will handle such information in accordance with those laws, including restrictions on advertising, profiling, and the sale of covered information.
By using the Communication Features, a Family User consents to Staff Users and the relevant Program communicating with them about their child and processing Child Information for that purpose. A Staff User represents that the Program has obtained any consents or authorizations required by law before enabling communication about a child. A Family User may limit or withdraw participation in the Communication Features at any time as described in the Privacy Policy, though doing so may limit the Services and does not affect Messages already sent or records the Program is required to keep.
We may modify, update, suspend, or discontinue any part of the Services at any time, including features, content, or availability, with or without notice where permitted by law. We may also introduce new features or impose limits on certain features.
We aim for reliability but do not guarantee that the Services will always be available, uninterrupted, or error-free. We may perform maintenance or emergency work that temporarily affects availability.
Because the Communication Features are not guaranteed to be available or instantaneous, you should not rely on them for time-sensitive or safety-critical communications, and should use your Program's official channels for such matters.
We may, from time to time, release updates, bug fixes, or safety improvements. Depending on your device settings, the App may automatically download and install updates, or you may need to install them manually. Some features of the Services may function only with the latest version of the App.
The Services may contain links to third-party websites or integrate with third-party tools, services, or content. We do not control and are not responsible for the content, policies, or practices of those third parties.
Your use of third-party sites or services is at your own risk and is governed by their terms and privacy policies.
Our Privacy Policy explains how we collect, use, and protect your information. By using the Services, you also agree to our Privacy Policy.
To the fullest extent permitted by law, the Services and all Content and Outputs are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or quiet enjoyment.
Without limiting the foregoing, we specifically do not warrant that:
Any reliance on Content or Outputs from the Services is at your own risk and discretion, subject always to Sections 4 and 5 (non-clinical nature and no professional advice).
Notice for California consumers (Cal. Civ. Code §§ 1790 et seq. (Song-Beverly Consumer Warranty Act) and related): Some California laws may not allow the exclusion of certain implied warranties. To the extent any such warranty cannot be disclaimed, it is limited to the maximum extent permitted by law.
To the fullest extent permitted by law, NEWay, Hoppity Learning Inc., and their respective directors, officers, employees, and agents are not liable for:
Aggregate cap. Where our liability cannot be excluded under applicable law, our aggregate liability arising out of or relating to these Terms or the Services is limited to the greater of:
Notice for California residents: California Civil Code § 1542 provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." To the extent these Terms include any release of claims, you expressly waive § 1542 with respect to such released claims, but nothing in these Terms limits liability that cannot be limited under California law (including liability for gross negligence, fraud, willful injury, or violation of statute under Cal. Civ. Code § 1668).
You agree to indemnify, defend, and hold harmless NEWay, Hoppity Learning Inc., and their directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
We may, in our sole discretion and subject to applicable law, suspend or terminate your access to the Services (including your Account) at any time, including if we reasonably believe that:
We may also suspend or revoke a Staff User's access to the Communication Features at the request of the relevant Program, or where a User is no longer authorized to communicate about a particular child.
You may stop using the Services at any time and may request deletion of your Account as described in the Privacy Policy.
Upon termination, your right to access or use the Services will cease, but sections that by their nature should survive (including, without limitation, Sections 4–5, 10, 12, 13, and 16–24) will continue to apply.
These Terms are governed by and construed in accordance with the laws of the State of California and the federal laws of the United States, without regard to conflict-of-laws principles.
Subject to Section 22 (informal resolution), any disputes arising out of or in connection with these Terms or the Services shall be brought exclusively before the state or federal courts located in Santa Clara County, California, and you consent to the personal jurisdiction of those courts. This venue and jurisdiction clause does not override any non-waivable consumer protection rights you may have under the law of your jurisdiction.
Before filing a formal claim, you agree to first contact us at legal@NEWayHealth.com with a written description of the dispute and to give us at least 60 days to attempt to resolve it informally. If we are unable to resolve the dispute, either party may proceed in court as permitted under Section 21.
Notwithstanding Section 21, either party may bring an individual action in small claims court in the county of your residence, if the claim qualifies.
To the fullest extent permitted by applicable law, you and NEWay agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Nothing in this Section waives any non-waivable rights you may have under California or federal law, including representative actions under the California Private Attorneys General Act ("PAGA") to the extent applicable and non-waivable.
We may update these Terms from time to time to reflect changes in our practices, the Services, or legal requirements. When we do, we will update the "Last updated" date at the top of this page.
Where required by law, we will provide notice of material changes (for example, by email or within the App) at least 30 days before they take effect for existing users. If you continue to use the Services after changes take effect, you are deemed to have accepted the updated Terms. If you do not agree with the changes, you should stop using the Services and may request to close your Account.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
The following sections survive termination of these Terms: 2 (Definitions), 4–5 (non-clinical nature; no professional advice), 9.2 (ownership of Outputs), 10 (User Content license), 12 (intellectual property), 13 (children's privacy and student data), 16 (privacy), 17 (disclaimers), 18 (limitation of liability), 19 (indemnification), 21–22 (governing law; disputes), and 25 (entire agreement).
These Terms, together with our Privacy Policy and any additional terms presented at the time of purchase or use of specific features, constitute the entire agreement between you and NEWay regarding your use of the Services, and supersede all prior or contemporaneous understandings.
For questions about these Terms, please email legal@NEWayHealth.com.
Notice to California consumers under California Civil Code § 1789.3: Under California Civil Code § 1789.3, California users of the Services are entitled to the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at:
1625 North Market Blvd., Suite N 112 Sacramento, CA 95834 Telephone: (800) 952-5210
Provider's name and address: Hoppity Learning Inc. San Jose, California 95124, United States
The Services are provided to you at no charge unless you elect to purchase a Pro subscription, in which case the price will be disclosed at the point of purchase.