Terms & Conditions

1 The Platform & Nature of Service All users

1.1 Ownership and Operation

The BRIGHTHOPE App is owned and operated by 73Tec LLC (“BRIGHTHOPE,” “Company,” “we,” or “us”), with its principal place of business in [City, County, West Virginia]. These Terms are governed by the laws of the State of West Virginia and applicable U.S. federal law.

1.2 Exclusive Christian Pastoral Purpose — Spiritual, Not Clinical

The App is an exclusively Christian pastoral counseling platform. It exists to provide Christian pastoral, spiritual, and biblical counseling, prayer, Scripture reading, discipleship, and emotional/spiritual support based solely on the Christian faith and biblical principles. Services provided through the App are spiritual in nature and are not clinical, medical, psychological, or psychiatric services, and are not a substitute for professional mental health, medical, legal, or financial advice.

1.3 Ecclesiastical Nature

The relationship between BRIGHTHOPE and its Counselors is religious and ecclesiastical in nature. To the fullest extent permitted by the First Amendment of the U.S. Constitution and the West Virginia Constitution, any dispute concerning theological matters, biblical interpretation, spiritual advice given to Counselees, or a Counselor’s fitness under religious tenets is not subject to civil court jurisdiction, consistent with the “ministerial exception” and church-autonomy doctrines recognized under the First Amendment of the U.S. Constitution and West Virginia law.

1.4 Technology Platform Only — No Endorsement, No Promotion

BRIGHTHOPE is a technology platform that connects independent Counselors with Counselees. BRIGHTHOPE does not itself provide counseling, healthcare, or insurance, and does not market, advertise, promote, endorse, or recommend any individual Counselor. Any ratings, reviews, or feedback on the App are generated solely by users based on their own experiences; BRIGHTHOPE does not write, generate, or verify ratings or reviews, and no user shall hold BRIGHTHOPE liable for any rating or review posted by another user.

2 Definitions All users

3 Accounts & General Eligibility All users

Age requirements. The Services are for adults only. A Counselor must be at least 21 years of age and a Counselee must be at least 18 years of age. The App is not intended for, and may not be used by, anyone under 18, whether directly or through another person’s account. Every user must have the legal capacity to enter into a binding contract under West Virginia law and must provide true, complete, and accurate registration information.

Identity and age verification. To verify identity and age, every account holder must provide their date of birth and a government-issued photo identification; Counselors must additionally provide the documents of their education and credentials described in Section C2 and pass the background check described in Section C2.1. By registering, you represent and warrant under penalty of perjury that all information you provide is true, complete, and accurate, and you agree to keep it current.

Counselee anonymity. Upon registration, the App generates a unique alphanumeric code that represents each Counselee. A Counselee may use the App under that code name and remain anonymous to the Counselor, or may choose to disclose their real name; the choice belongs to the Counselee. Identity verification is provided to BRIGHTHOPE, not necessarily to the Counselor. How information is collected, used, disclosed, and protected is described in the BRIGHTHOPE Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account, and BRIGHTHOPE is not responsible for any unauthorized access resulting from your failure to maintain reasonable security.

4 No Responsibility for Communications All users New

BRIGHTHOPE provides the technological means for Counselors and Counselees to connect, but it does not monitor, supervise, control, direct, verify, or take part in the substance of any conversation, message, prayer, biblical interpretation, advice, counsel, or other communication exchanged between a Counselor and a Counselee. BRIGHTHOPE assumes no responsibility, liability, or accountability for the content, accuracy, tone, timeliness, or consequences of any such communication, including any in-session messages, audio, video, or text chat, and including any communication that occurs off-platform (for example, by phone, email, text message, social media, or in person) whether or not it began through the App.

Each user is solely responsible for their own communications and conduct toward other users. Any reliance you place on a communication from another user is at your own risk. Disputes about the content or consequences of any communication are solely between the users involved, and you agree not to hold BRIGHTHOPE responsible for them. Counselors and Counselees are discouraged from moving their interactions off the App; any decision to communicate off-platform is made entirely at the users’ own risk and outside BRIGHTHOPE’s knowledge and control.

5 Social Media & Advertising Policy All users New

Any social media post, advertisement, promotion, or other public marketing that references, names, links to, or promotes the BRIGHTHOPE App, or that promotes counseling services offered through the App, must align with the App’s policy that BRIGHTHOPE is exclusively a Christian pastoral counseling platform. All such advertising must accurately present the App and the services as Christian, pastoral, spiritual, and biblical in nature, and must not present, imply, or suggest that the App offers clinical, medical, psychological, psychiatric, secular, or non-Christian counseling of any kind.

You shall not, in any advertisement or social media content referencing the App: (a) misrepresent the nature, purpose, or scope of the App or its services; (b) hold the App out as providing licensed clinical or mental-health treatment; (c) state or imply that BRIGHTHOPE endorses, employs, insures, supervises, or guarantees any particular Counselor or outcome; (d) use the App’s name or marks in a misleading, deceptive, defamatory, or unlawful manner; or (e) promote content that conflicts with the App’s Christian pastoral purpose. Advertising must comply with all applicable laws and the terms and policies of each social media platform on which it is published. BRIGHTHOPE may, at its sole discretion, require the removal of any non-compliant content and may suspend or terminate the account of any user whose advertising violates this Section.

6 Sessions & Emergencies All users

All counseling sessions conducted through the App are thirty (30) minutes in duration only; no other session lengths are available. Sessions are strictly limited to thirty (30) minutes and may not be extended, rolled over, or combined, and the App’s systems automatically enforce this time limit. Once the 30 minutes end, the session ends. To continue a discussion or to receive any follow-up, the Counselee must book another appointment (a new 30-minute session) through the App; each session is booked and paid for separately.

Emergency disclosure. If during a session a Counselee discloses suicidal thoughts, homicidal thoughts, self-harm, or abuse of a child or vulnerable adult, the Counselor must immediately direct the Counselee to contact 911 or a local crisis hotline and must comply with the mandatory-reporting obligations in §8. The thirty-minute limit is not extended for any reason, including an emergency; the App is not an emergency service and is not a substitute for professional or crisis care, and Counselees should seek emergency help directly.

7 No Insurance Provided All users

BRIGHTHOPE maintains general commercial insurance (for example, Commercial General Liability, Cyber Liability, Technology Errors & Omissions, and Directors & Officers) solely for its own operational protection. No Counselor or Counselee is an insured, additional insured, or third-party beneficiary under any such policy, and the existence of these policies shall not be used to argue that any coverage extends to any user under any legal theory, including equitable estoppel, detrimental reliance, or reasonable expectation.

No Counselor, Counselee, or third party may assert any insurance claim against BRIGHTHOPE, including claims for defense or indemnification, bad faith or unfair claims practices under W. Va. Code § 33-11-4, contribution or subrogation, claims to pierce the corporate veil, or claims under equitable estoppel, detrimental reliance, or reasonable expectation. Under W. Va. Code § 33-11-4a(a), a third-party claimant may not bring a private cause of action for an unfair claims settlement practice; the sole remedy, if any, is an administrative complaint to the West Virginia Insurance Commissioner. No person shall represent or imply that BRIGHTHOPE insures any user or that any BRIGHTHOPE policy covers counseling activities (W. Va. Code § 33-11-4(1)).

8 Confidentiality & Data All users

Counselor confidentiality. A Counselor must not share any information of a Counselee with anyone. Each Counselor must keep strictly confidential all information about a Counselee learned through the App — including the Counselee’s identity (whether disclosed by real name or known only by code name), the fact of the counseling relationship, and the content of any communication — and must not disclose, publish, sell, or otherwise share it, except (a) as required by law (for example, mandatory reporting of suspected abuse or neglect of a child or vulnerable adult under W. Va. Code § 49-2-803, or where there is a serious and imminent risk of harm), or (b) as the Counselee has expressly authorized in writing.

No privilege; encryption; recording. Pastoral counseling through the App may not be protected by clergy-penitent privilege under West Virginia law (W. Va. Code § 57-3-2) because communication occurs through a third-party platform, and Counselors must disclose this limitation to Counselees. Counseling communications conducted through the App are encrypted as described in the Privacy Policy. No user shall record, screenshot, or share any session communication without express written permission. Each user is responsible for the reasonable security of their own devices, networks, credentials, and data.

Privacy Policy. BRIGHTHOPE’s collection, use, disclosure, and retention of information are governed by the BRIGHTHOPE Privacy Policy, which is incorporated into these Terms by reference.

9 Disclaimers & No Guarantee of Outcomes All users

BRIGHTHOPE does not guarantee any specific spiritual, emotional, relational, or mental health outcome from any session, nor any compatibility between any Counselor and Counselee. Counseling involves spiritual guidance that may not produce desired results.

10 Assumption of Risk All users

Under West Virginia’s express assumption of risk doctrine (King v. Kayak Mfg. Corp., 182 W. Va. 276 (1989); Murphy v. North American River Runners, Inc., 240 W. Va. 143 (2018)), you voluntarily and knowingly assume all risks associated with using the App in your role, including the risks that counseling is spiritual and may not produce desired results; that other users may act, communicate, or make allegations improperly; that theological views may differ; and that the platform may experience technical failures, data loss, or security breaches. You agree that BRIGHTHOPE has no liability for harm arising from these risks. (Role-specific risks are detailed in Parts II and III.)

11 Limitation of Liability All users

Liability cap. For Counselors, BRIGHTHOPE’s total cumulative liability for any claim shall not exceed the total platform fees (the 20% portion) actually paid by that Counselor to BRIGHTHOPE in the six (6) months preceding the event giving rise to the claim, or $100.00 if no such fees were paid. For Counselees, BRIGHTHOPE’s maximum liability is limited to the specific Session Fee paid for the disputed session. If any limited remedy fails of its essential purpose, this cap nevertheless survives and remains enforceable.

Economic loss & time limitation. Claims regarding payment processing sound in contract and are limited to the specific Session Fee or Cancellation Fee in dispute (Eastern Steel Constructors, Inc. v. City of Salem, 209 W. Va. 392 (2001)). No claim may be brought more than one (1) year after the transaction giving rise to it; thereafter it is permanently barred.

11.1 Gross Negligence Exception

Notwithstanding the foregoing, the disclaimers, waivers, and limitations in these Terms do not apply to claims arising solely from BRIGHTHOPE’s own gross negligence or willful misconduct, as determined by a final, non-appealable court judgment. For all claims based on ordinary negligence, the disclaimers, waivers, and limitations remain in full force. The burden of proving gross negligence or willful misconduct is on the claimant (Murphy v. North American River Runners, 186 W. Va. 310 (1991)).

12 Dispute Resolution — Arbitration & Class Waiver All users

12.1 Mandatory arbitration. Except for claims seeking injunctive relief, any dispute arising out of or relating to these Terms or the App shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for Counselee disputes) or Commercial Arbitration Rules (for Counselor disputes), in Charleston, Kanawha County, West Virginia, unless a party resides more than 100 miles away, in which case it may be conducted telephonically or by video at BRIGHTHOPE’s election. Judgment on the award may be entered in any court having jurisdiction.

12.3 Small claims exception. Either party may instead bring an individual action in the small claims court of Kanawha County, West Virginia (within its jurisdictional limits), provided the action remains in small claims court. 12.4 Severability. If the class action waiver is found unenforceable, the entire arbitration provision is void and disputes shall be resolved exclusively in the state or federal courts of Kanawha County, West Virginia.

12.5 Your right to opt out. You may opt out of this arbitration agreement (including the class action waiver) by sending written notice to [Insert contact email] within thirty (30) days of first accepting these Terms. Your notice must include your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms; a valid, timely opt-out means disputes will be resolved in the courts identified in §13. This is the only way to opt out.

12.6 Arbitration fees. Payment of filing, administration, and arbitrator fees is governed by the applicable AAA rules; for Counselee (consumer) disputes, BRIGHTHOPE will pay such fees to the extent required by the AAA Consumer Arbitration Rules. Each party otherwise bears its own attorneys’ fees and costs unless a statute or the arbitrator provides otherwise. 12.7 Informal resolution first. Before initiating arbitration, the complaining party agrees to send a written description of the dispute to the other and to attempt good-faith resolution for thirty (30) days.

13 Governing Law & Venue All users

These Terms and any dispute arising from them are governed by the laws of the State of West Virginia, without regard to conflict-of-laws principles. The exclusive venue for any litigation (if arbitration is invalidated) is the Circuit Court of Kanawha County, West Virginia, or the United States District Court for the Southern District of West Virginia. Each party waives any objection based on forum non conveniens or improper venue.

14 Termination All users

BRIGHTHOPE may terminate or suspend any account at any time, with or without cause, with or without notice. Repeated or intentional violation of these Terms — including the 30-minute session limit, the scope of service, the social media and advertising policy, or the communications rules — is grounds for immediate termination and forfeiture of any unpaid fees. You may terminate by ceasing to use the App and deleting your account. Provisions that by their nature should survive — including those on nature of service, no responsibility for communications, no insurance, disclaimers, limitation of liability, indemnification, confidentiality, dispute resolution, governing law, and the general provisions — survive termination.

Effect of termination. If your account is terminated or suspended, access to the App ends immediately and any sessions you have scheduled may be cancelled. A Counselee will be refunded any pre-paid Session Fee for a not-yet-occurred session that BRIGHTHOPE cancels (other than for the Counselee’s own violation); fees for completed sessions, and any earned amounts owed to a Counselor (subject to the payout threshold and any offset for amounts the Counselor owes), remain payable. You must stop using the App and the BRIGHTHOPE name and marks. Termination does not relieve you of obligations accrued before termination.

15 Electronic Acceptance & Signature All users

Electronic signature methods. You agree to be legally bound by these Terms by (1) clicking “I AGREE” or checking the acknowledgment checkbox; (2) executing your electronic signature by either (a) typing your full legal name into the signature field or (b) uploading an image of your own electronic or handwritten signature; and (3) submitting your acceptance. Whichever method you choose, your signature has the same legal effect as a handwritten signature under the federal E-SIGN Act (15 U.S.C. § 7001 et seq.) and West Virginia’s Uniform Electronic Transactions Act (W. Va. Code § 39A-1-1 et seq.).

Your representations. By typing your name or uploading a signature and submitting your acceptance, you represent and warrant that the signature is your own, that you are authorized to use it, and that you intend it to be your binding electronic signature on these Terms. If you upload a signature image, you further represent that it is a true representation of your signature, and BRIGHTHOPE is entitled to rely on that representation.

BRIGHTHOPE does not sign for you. BRIGHTHOPE does not, at any time, create, generate, apply, or affix an electronic signature for or on behalf of any Counselor or Counselee. Each electronic signature is made solely by the individual user — by that user’s own act of typing their name or uploading their own signature — and BRIGHTHOPE only records, timestamps, and stores the signature the user provides, together with the date, IP address, and a unique agreement identifier, as admissible evidence of that user’s agreement. No Counselor, Counselee, or other person may sign, accept, or submit these Terms on behalf of another.

You consent to receive notices, disclosures, and amendments electronically via the App and/or your registered email; you may request a paper copy at no charge by contacting [Insert contact email].

16 General Provisions All users

Severability & reformation. If any provision is found unenforceable, it shall be reformed or severed to the minimum extent necessary, and the remaining provisions remain in full force. Force majeure. BRIGHTHOPE is not liable for any delay or failure caused by events beyond its reasonable control (acts of God, natural disaster, war, civil unrest, epidemic or pandemic, labor disputes, failure of payment processors, banking systems, or internet infrastructure, cyberattack, or changes in law). No waiver. Failure to enforce any provision is not a waiver of future enforcement. Incorporated policies. The BRIGHTHOPE Privacy Policy is incorporated into these Terms by reference and governs how information is collected, used, disclosed, and retained; in the event of a conflict between these Terms and the Privacy Policy on a privacy matter, the Privacy Policy controls. Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement regarding the App and supersede all prior agreements, understandings, or representations, whether written or oral. No modification is effective unless in writing and signed by an authorized representative of BRIGHTHOPE.

17 Acceptable Use & Prohibited Conduct All users

You agree not to, and not to assist or permit any person to:

• use the App for any unlawful, fraudulent, harassing, abusive, threatening, defamatory, or obscene purpose, or to exploit, endanger, or sexualize any person;
• impersonate any person or entity, or misrepresent your identity, age, affiliation, or credentials;
• attempt to identify, de-anonymize, surveil, stalk, or contact another user outside the App without consent, or otherwise misuse another user’s information;
• record, screenshot, or share any session communication without express written permission;
• provide or solicit clinical, medical, or psychiatric services, or gather clinical information, in violation of §C3;
• upload or transmit any virus, malware, or harmful code, or attempt to gain unauthorized access to the App, other accounts, or our systems;
• scrape, harvest, reverse-engineer, copy, or create derivative works of the App except as permitted by law;
• circumvent, disable, or interfere with security, authentication, payment, or session-limit features; or
• use the App in any way that violates these Terms or any applicable law.

Violation of this Section is a material breach and grounds for immediate suspension or termination under §14, and may be reported to law enforcement.

18 User Content & Intellectual Property All users

Your content. You retain ownership of the content you submit (such as registration details, uploaded signatures and identification, messages, and ratings or reviews). You grant BRIGHTHOPE a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display that content solely to operate, secure, and provide the Services and as described in the Privacy Policy. You are solely responsible for the content you submit and represent that you have the right to submit it and that it does not infringe any third party’s rights or violate any law.

Our content. The App — including its software, design, text, graphics, and the BRIGHTHOPE name and marks — is owned by BRIGHTHOPE or its licensors and protected by intellectual-property laws. Except for the limited right to use the App under these Terms, no rights are granted to you.

Copyright complaints. If you believe content on the App infringes your copyright, send a notice with the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512) to [Insert DMCA/copyright agent email]. BRIGHTHOPE will respond to valid notices, may remove infringing content, and may terminate repeat infringers.

19 Anti-Circumvention & No Solicitation All users

The App’s fee structure (including the Session Fee and BRIGHTHOPE’s platform share) is integral to the Services. Counselors and Counselees agree not to use the App to identify one another and then arrange, solicit, accept, or provide paid counseling outside the App for the purpose of avoiding BRIGHTHOPE’s fees, and not to solicit a user to leave the platform to circumvent these Terms, for the duration of the relationship initiated through the App and for twelve (12) months afterward. This Section does not restrict relationships that pre-existed the App or independent ministry that does not rely on connections made through the App, and is not a general covenant not to compete with any user’s own ministry or practice.

20 Notices All users

BRIGHTHOPE may provide notices to you electronically — through the App or to the email associated with your account — and you consent to receiving notices that way. Notices are deemed received when sent or posted. You are responsible for keeping your contact information current; notice to your registered email is effective even if you do not actually receive it because your information is out of date. Notices to BRIGHTHOPE must be sent to [Insert legal/notice email or address].

C1 Independent Contractor Status Counselors

A Counselor is an independent contractor and not an employee, agent, joint venturer, or partner of BRIGHTHOPE, and has no authority to bind BRIGHTHOPE. The Counselor is solely responsible for all taxes, benefits, insurance, and licenses required for their own business or ministry, and expressly waives any claim for workers’ compensation, unemployment insurance, disability benefits, or overtime pay under West Virginia law (including W. Va. Code § 23-2-1). The engagement is non-exclusive; the Counselor may provide services through other platforms, churches, or private practice.

C2 Eligibility & Credentialing Counselors

To qualify as a Counselor, you must be at least 21 years of age and provide your date of birth and a government-issued photo identification for identity and age verification, pass the background check described in §C2.1, and meet at least one of the following credentialing pathways and provide the documents of your education and credentials:

1. Ordained / Licensed / Credentialed Minister by a recognized, established Christian church organization (denomination, network, or association of churches), with proof of current good standing.
2. Ministerial Role with Church Attestation (e.g., Women’s Minister, Youth Minister, Children’s Church Minister, Worship Pastor, Discipleship Pastor, or similar leadership position), supported by a signed attestation letter from both (i) the local church’s senior pastor and (ii) the church board or ministry leadership team, confirming your role, character, fitness, and authorization to provide Christian pastoral counseling through the App.
3. Christian Counseling Education — a certificate or degree in Christian Counseling (biblical counseling, pastoral counseling, or similar) from a recognized Bible college, seminary, or Christian educational institution, with proof of the degree or certificate.

You must submit all required documentation before approval and consent to BRIGHTHOPE verifying it with the issuing church, organization, or institution. False, forged, or misleading documentation is a material breach and may be reported to law enforcement. Enrollment is solely BRIGHTHOPE’s decision; BRIGHTHOPE has the absolute, unilateral, and unreviewable right to qualify or disqualify any person, with or without cause and without a stated reason. No person has any right to be admitted as a Counselor — it is a privilege, not a right — and status may be revoked at any time for any reason not prohibited by law (e.g., race, religion). You must maintain all criteria while active and notify BRIGHTHOPE within three (3) days if you cease to meet any criterion.

C2.1 Background Check

Before any Counselor account is approved and activated, BRIGHTHOPE will conduct (directly or through a qualified third-party screening provider) a background check on the applicant. The background check may include verification of identity; a criminal-history check (county, state, and national records, including sex-offender registry checks); and verification of the credentials and documents submitted under §C2. By applying to be a Counselor, you authorize BRIGHTHOPE and its screening provider to obtain and review this information, you agree to provide any additional information or consents the screening provider requires (including as required by the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.), and you certify that the information you provide is true and complete. No Counselor will be approved to use a Counselor account, accept Counselees, or conduct sessions until the background check is completed to BRIGHTHOPE’s satisfaction.

BRIGHTHOPE may, in its sole discretion, decline or revoke approval based on the results of a background check or a re-check, including for any disqualifying offense (such as offenses involving violence, sexual misconduct, abuse or endangerment of a child or vulnerable adult, fraud, or dishonesty). BRIGHTHOPE may re-run background checks periodically while a Counselor is active, and a Counselor must promptly disclose any arrest, charge, or conviction that arises after approval. The background check supplements, and does not replace, the credentialing requirements in §C2, and approval is never a guarantee, warranty, or endorsement of any Counselor by BRIGHTHOPE.