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”), a limited liability company registered in the State of West Virginia. BRIGHTHOPE operates as an online business and does not maintain a public physical office; its mailing address is PO Box 130, Morgantown, WV 26507. These Terms are governed by the laws of the State of West Virginia and applicable U.S. federal law.
Where the App is offered; currency. BRIGHTHOPE operates the App from the State of West Virginia, United States, and offers the Services to users located in the United States. The App is not directed to, or intended for use by, persons located outside the United States. All fees, Session Fees, subscriptions, and payouts are stated and processed in U.S. dollars (USD); you are responsible for any currency-conversion charges, foreign-transaction fees, or taxes imposed by your card issuer, bank, or jurisdiction. Because BRIGHTHOPE and its service providers operate from and process information in the United States, by using the Services you consent to the transfer, storage, and processing of your information in the United States, as further described in the Privacy Policy.
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.
Voluntary participation; not a religious-conversion tool. BRIGHTHOPE is not a religious-conversion tool. The App exists to provide voluntary Christian pastoral counseling and Christ-centered spiritual guidance to Counselees who freely choose to seek it. While counseling through the App is expressly Christian in character and may involve prayer, Scripture, and the sharing of faith, BRIGHTHOPE does not promote, sponsor, or facilitate coerced religious conversion, and the App must not be used to pressure, manipulate, target, or induce any person to change their religious beliefs against their will. Participation is always the Counselee’s free and informed choice, and a Counselee may end a session or discontinue use at any time.
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.
↑ Back to top2 Definitions All users
| Term | Definition |
|---|---|
| “App” / “Platform” | The BRIGHTHOPE mobile application and associated platform. |
| “BRIGHTHOPE” / “Company” | 73Tec LLC, the owner and operator of the App. |
| “Counselor” | Any person registered to provide Christian pastoral counseling through the App. Counselors are independent contractors, not employees of BRIGHTHOPE. |
| “Counselee” | Any person registered to receive pastoral counseling through the App. |
| “Session Fee” | The fee charged for a single thirty (30) minute counseling session. |
| “Ordinary Negligence” | Failure to exercise the degree of care a reasonably prudent person would exercise under similar circumstances. |
| “Gross Negligence” | Conduct so reckless or wanting in care that it constitutes a conscious disregard of the rights or safety of others, as defined under West Virginia common law, including Murphy v. North American River Runners, 186 W. Va. 310, 412 S.E.2d 504 (1991). |
| “Willful Misconduct” | Intentional acts or omissions done with knowledge that they are likely to cause harm. |
| “WV Guaranty Association” | The West Virginia Life and Health Insurance Guaranty Association established under W. Va. Code § 33-26A-1 et seq. |
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.
↑ Back to top4 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.
↑ Back to top5 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.
↑ Back to top6 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.
↑ Back to top7 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.
The West Virginia Life and Health Insurance Guaranty Association provides coverage only for certain life, health, and annuity policies issued by member insurers that become insolvent. This App, BRIGHTHOPE, and all pastoral counseling services provided through this App are NOT insurance policies or contracts. The Association does not and will not provide coverage for professional liability or malpractice claims against pastoral counselors; any claim arising from pastoral counseling services; any obligation of BRIGHTHOPE or any Counselor; or any loss, damage, or injury arising from use of the App or any counseling session. You should not rely on the Association for any coverage related to your use of this App.
Source: W. Va. Code § 33-26A-19(c)(2), (c)(5); W. Va. Code R. § 114-36-3
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)).
↑ Back to top8 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.
↑ Back to top9 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.
No liability for Counselors or user conduct. BRIGHTHOPE is a technology platform only. It does not provide counseling, does not employ, supervise, direct, vet beyond the stated credentialing and background check, or control any Counselor, and is not responsible or liable for the acts, omissions, advice, statements, conduct, or content of any Counselor, Counselee, or other user, whether on or off the App. Any counseling, guidance, or information provided through the App is not professional, medical, psychological, psychiatric, legal, or financial advice, and you should not rely on it as a substitute for care or advice from a qualified licensed professional. You are solely responsible for your own decisions and actions.
Basis of the bargain. The disclaimers, assumption of risk, limitations of liability, release, and indemnities in these Terms are essential elements of the agreement between you and BRIGHTHOPE, are reflected in the pricing of the Services, and allocate risk between the parties; BRIGHTHOPE would not provide the Services without them. They apply to the fullest extent permitted by applicable law and survive termination.
↑ Back to top10 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.)
↑ Back to top11 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 20.0% 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)).
↑ Back to top12 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 Morgantown, Monongalia 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 Monongalia 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 Monongalia 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 support@brighthopeapp.com 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.
↑ Back to top13 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 Monongalia County, West Virginia, or the United States District Court for the Northern District of West Virginia. Each party waives any objection based on forum non conveniens or improper venue.
↑ Back to top14 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.
↑ Back to top15 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 support@brighthopeapp.com.
↑ Back to top16 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.
↑ Back to top17 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.
↑ Back to top18 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 support@brighthopeapp.com. BRIGHTHOPE will respond to valid notices, may remove infringing content, and may terminate repeat infringers.
↑ Back to top19 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.
↑ Back to top20 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 PO Box 130, Morgantown, WV 26507.
↑ Back to top21 Indemnification All users
To the fullest extent permitted by West Virginia law, you agree to defend, indemnify, and hold harmless BRIGHTHOPE (73Tec LLC) and its members, managers, officers, employees, contractors, and agents (the “Indemnified Parties”) from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the App or the Services; (b) your violation of these Terms or any applicable law or regulation; (c) your violation or infringement of any right of a third party; (d) any content or information you submit, post, or transmit; (e) for Counselors, the counseling you provide and your interactions with Counselees; and (f) for Counselees, your interactions with Counselors and any decision or action you take based on counseling received through the App. BRIGHTHOPE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with such defense. This obligation survives termination of your account and these Terms.
↑ Back to top22 Release All users
Because BRIGHTHOPE is only a platform and does not control users’ conduct or their dealings with one another, to the fullest extent permitted by applicable law you release and discharge BRIGHTHOPE (73Tec LLC) and its members, managers, officers, employees, contractors, and agents from any and all claims, demands, damages, and liabilities of every kind — known or unknown, suspected or unsuspected — arising out of or in any way connected with any dispute, interaction, communication, or transaction between you and any other user (including any Counselor or Counselee), whether occurring on or off the App, and including any act, omission, advice, or content of another user and any decision or action you take in reliance on it. You bring any such claim solely against the other user and not against BRIGHTHOPE. This release survives termination of your account and these Terms.
↑ Back to topC1 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.
↑ Back to topC2 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:
- Ordained / Licensed / Credentialed Minister by a recognized, established Christian church organization (denomination, network, or association of churches), with proof of current good standing.
- 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.
- 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.
↑ Back to topC3 Scope of Practice Counselors
Counselors agree to provide only Christian pastoral, spiritual, and biblical counseling. A Counselor shall not:
- Diagnose any mental, emotional, or behavioral disorder (including using DSM-5 or ICD criteria);
- Prescribe, recommend, discontinue, or manage any medication or medical treatment;
- Provide medical advice of any kind, including nutrition, supplements, or physical health conditions;
- Offer counseling, guidance, or prayer from any non-Christian or non-biblical framework;
- Hold out as a licensed mental health professional unless separately licensed and clearly disclosing that services through the App are not clinical;
- Provide any service requiring a professional license under W. Va. Code § 27-1-1 et seq. (mental health), § 30-3-1 et seq. (medicine), or § 30-31-1 et seq. (psychology);
- Gather, request, collect, record, or use any clinical information (such as diagnoses, mental-health or medical history, medication or treatment records, or clinical assessments) — see below.
No clinical information, even if separately licensed. No Counselor — including any Counselor who is separately a licensed clinical, medical, mental-health, or other healthcare professional — may gather, request, collect, record, or use any clinical information through the App, or provide any clinical, medical, psychological, or psychiatric service through the App. A separately licensed Counselor may conduct clinical practice only outside the App, on their own platforms and at their own responsibility; such practice is not part of, and is not authorized by, the App. This restriction corresponds to the BRIGHTHOPE Privacy Policy.
No coerced conversion. A Counselor must not use the App to coerce, pressure, manipulate, or induce any Counselee to adopt or change religious beliefs against their will, or to target any individual or group for conversion. Counseling must respect the Counselee’s dignity and free choice; faith may be shared, but never imposed.
Any violation of this scope (including exceeding the 30-minute limit) is a material breach resulting in immediate termination, forfeiture of unpaid fees, and potential reporting to any applicable licensing board or law enforcement.
↑ Back to topC4 Communication & Video Requirement Counselors
Communication formats. Counseling on the App takes place through the App’s built-in communication tools only — real-time video, audio-only, or text chat. The Counselee selects the format, and the Counselor must accommodate the Counselee’s chosen mode; the Counselee’s choice of mode is not grounds to cancel or refuse a session. Counselors must keep all session communication within the App and must not move the counseling relationship to personal phone, email, text, social media, or any off-platform channel (see §4 and §19).
The Counselor must always be on camera. Regardless of the mode the Counselee chooses, the Counselor must have their video/camera enabled and remain visible on camera at all times during every session, for the safety, security, and accountability of all parties. A Counselor who turns off or obscures their camera, or who is not personally and visibly present on camera, must end the session; failure to remain on camera is a material breach that may result in immediate suspension or termination and forfeiture of the related fee. Each session is limited to 30 minutes, and the Counselor must comply with the App’s automated session-end notifications and must not attempt to extend a session (see §6).
Waiting for a Counselee who does not appear. If a Counselee does not appear for a scheduled session, the Counselor must remain present and available on camera for the entire thirty (30) minutes of the booked session before the session may be marked complete or recorded as a no-show. The Counselor may not end the session early, mark it complete, or record a Counselee no-show before the full 30 minutes have elapsed. Any no-show charge to the Counselee under §E4 and §C7.3 applies only after the Counselor has waited the full 30-minute session.
↑ Back to topC5 Marketing & Social Media Counselors New
Counselors are solely responsible for marketing their own pastoral counseling services and building their own client base; BRIGHTHOPE does not market or promote any individual Counselor. Any social media post, advertisement, or promotion that references the BRIGHTHOPE App or the Counselor’s services on the App must align with the App’s policy that it is exclusively a Christian pastoral counseling platform, as set out in §5. A Counselor’s advertising and social media content must:
- Present the services accurately as Christian, pastoral, spiritual, and biblical — and not as clinical, medical, psychological, psychiatric, secular, or non-Christian counseling;
- Not misrepresent the Counselor’s credentials, licensure status, scope of practice, or the nature of the App;
- Not state or imply that BRIGHTHOPE endorses, employs, insures, supervises, or guarantees the Counselor or any outcome;
- Not use the App’s name or marks in a misleading, deceptive, defamatory, or unlawful way, and comply with all applicable laws and each platform’s advertising policies.
BRIGHTHOPE may require the removal of non-compliant content and may suspend or terminate a Counselor’s account for violations of this Section.
↑ Back to topC6 Subscription Counselors
All Counselors must maintain an active subscription to practice counseling through the BRIGHTHOPE App. The subscription fee is $99.00 per year. Your subscription begins on the date your Counselor account is approved and renews automatically each year on the anniversary (expiry) date, unless you cancel before renewal. BRIGHTHOPE will send reminders before your subscription expires.
If your subscription expires without renewal, your Counselor account will be suspended, and any sessions scheduled after the expiry date may be placed on hold or cancelled. If a scheduled session is cancelled because your subscription lapsed, the affected Counselee will be refunded in full. You may not accept Counselees or conduct sessions while your subscription is inactive. BRIGHTHOPE may, from time to time and at its sole discretion, offer discounts on the subscription fee.
↑ Back to topC7 Payments, Payouts, Cancellations & Discounts Counselors
C7.1 Payments
The Counselor sets the per-session fee for a 30-minute session, which must be a whole-dollar amount ranging from $30.00 to $150.00 USD. BRIGHTHOPE does not charge the Counselee any amount above the counseling fee set by the Counselor, except for third-party payment-platform (processor) fees, which are separate and are borne by the Counselee. No free or donation-based sessions are permitted.
C7.2 Payouts
For each completed session, 80.0% of the Session Fee is paid to the Counselor’s wallet on the App and 20.0% is retained by BRIGHTHOPE as a non-refundable platform fee. The Counselor must attach valid bank details to receive payouts. Wallet funds are released automatically on the last calendar day of each month if the balance is at least $100.00 (otherwise the balance rolls over); balances do not accrue interest. The Counselor may also make an unscheduled withdrawal provided the wallet holds at least $20.00; transaction fees may apply to withdrawals. Payouts are transmitted via Stripe Connect (ACH / direct deposit).
| Session Fee | Counselor (80.0%) | BRIGHTHOPE (20.0%) |
|---|---|---|
| $30.00 (minimum) | $24.00 | $6.00 |
| $75.00 (example) | $60.00 | $15.00 |
| $150.00 (maximum) | $120.00 | $30.00 |
C7.3 Cancellations
- Counselee cancels before 48 hours of the scheduled session — the Counselee is charged $10.00, split 50/50 between BRIGHTHOPE ($5.00) and the Counselor ($5.00).
- Counselee cancels after 48 hours, or does not show — the Counselee is charged the full Session Fee, split 50/50 between BRIGHTHOPE and the Counselor. A no-show charge applies only after the Counselor has remained available on camera for the entire 30-minute session (§C4).
- Counselor cancels or does not show (at any time) — the Counselee is refunded the full Session Fee. If a Counselor cancels or fails to show for three (3) appointments within any 90-day period, the Counselor’s account will be suspended.
Third-party payment-processor (transaction) fees are non-refundable, including where the Counselor cancels.
C7.4 Discount Coupons (Optional)
A Counselor may, at the Counselor’s sole option, offer discount coupons to Counselees. BRIGHTHOPE does not require any Counselor to offer a discount — it is entirely the Counselor’s choice. To offer a coupon, the Counselor must submit a request through the App to create the coupon and allow BRIGHTHOPE up to two (2) weeks to process the request. A discount may not exceed 50% of the Session Fee. BRIGHTHOPE will inform the Counselor whether the request was approved and integrated or rejected, and a coupon is not valid until BRIGHTHOPE integrates it.
Any discount applies only to, and reduces only, the Counselor’s 80.0% share. BRIGHTHOPE does not share in or absorb any part of the discount, and BRIGHTHOPE’s 20.0% platform fee is always calculated on the original Session Fee before any discount. The Counselor bears the full cost of the discount. (Example: on a $100 Session Fee with a 50% coupon, the Counselee pays $50; BRIGHTHOPE is paid its 20.0% of the full $100 = $20.00; and the Counselor receives $30.00.)
↑ Back to topC8 Taxes Counselors
Counselors are solely responsible for reporting and paying all federal, state, and local taxes on amounts they receive, including income tax, self-employment tax, and any applicable business and occupation (B&O) taxes; BRIGHTHOPE withholds no taxes and will issue IRS Form 1099-NEC or 1099-K where required by federal law (IRC § 6050W). The Counselor indemnifies BRIGHTHOPE against any tax assessment, penalty, or interest arising from the Counselor’s failure to properly report or pay taxes.
↑ Back to topC9 Insurance Responsibility Counselors
Each Counselor is solely responsible for obtaining and maintaining their own insurance, including professional liability (malpractice), general liability, and cyber liability. BRIGHTHOPE strongly recommends — but does not require — professional liability insurance appropriate for pastoral counseling, and does not verify, monitor, or enforce coverage. Counselors covered under a church or denominational policy are encouraged to confirm in writing that digital-platform counseling is covered. No Counselor is penalized for lacking individual insurance, and each Counselor assumes full responsibility for any uninsured losses.
↑ Back to topC10 Indemnification Counselors
To the fullest extent permitted by West Virginia law, each Counselor agrees to defend, indemnify, and hold harmless BRIGHTHOPE and its members, managers, officers, directors, employees, agents, insurers, successors, and assigns from any and all claims, demands, lawsuits, liabilities, damages, losses, settlements, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) any communication between the Counselor and any Counselee, whether on or off the App; (b) any alleged act, omission, negligence, gross negligence, breach of confidentiality or fiduciary duty, defamation, misrepresentation, infliction of emotional distress, spiritual abuse, or pastoral misconduct by the Counselor; (c) any dispute with a Counselee regardless of legal theory; (d) any violation of applicable law, including W. Va. Code § 30-31-1 et seq. (noting pastoral counseling is exempt if the Counselor does not hold out as a licensed professional) and § 61-3C-1 et seq.; (e) any claim that the Counselor was misclassified as an independent contractor; (f) any data breach arising from the Counselor’s failure to maintain reasonable security; (g) any social media or advertising content published by the Counselor; and (h) the Counselor’s breach of these Terms. BRIGHTHOPE has no obligation to advance defense costs. This indemnity does not require a Counselor to indemnify BRIGHTHOPE for claims arising solely and directly from BRIGHTHOPE’s own gross negligence or willful misconduct, which must be proven by clear and convincing evidence.
↑ Back to topC11 Assumption of Risk Counselors
In addition to §10, Counselors expressly assume the risks that a Counselee may make false, defamatory, or malicious allegations; that a Counselee may experience emotional distress, spiritual confusion, or psychological harm; that theological views may conflict with a Counselee’s expectations; that the Counselor may be sued for negligence, breach of fiduciary duty, or any other tort; that the Counselor may be accused of unlicensed practice if they exceed the scope of Christian pastoral counseling; and that the Counselor may not have adequate insurance for a claim that arises.
↑ Back to topC12 Confidentiality Counselors
As reinforced from §8, a Counselor must not share any information of a Counselee with anyone. Each Counselor must keep strictly confidential all information about a Counselee that the Counselor learns through the App, including: the Counselee’s identity (whether disclosed by real name or known only by the App-generated code name); the fact that a counseling relationship exists; and the content of any communication, session, or message. A Counselor must not disclose, publish, post, sell, trade, or otherwise share that information with any third party, and must not use it for any purpose other than providing pastoral counseling to that Counselee through the App.
Limited exceptions. A Counselor may disclose Counselee information only (a) as required by law, including the 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) to the specific extent the Counselee has expressly authorized in writing. A Counselor must not record, screenshot, or share any session or communication without express written permission (§§6, 8).
No clinical records; no off-platform handling. Consistent with §C3, a Counselor must not gather, create, or keep clinical records of a Counselee, and must not move Counselee information off the App or store it on personal devices or accounts. A Counselor must take reasonable steps to keep their own device, login, and connection secure during sessions so that no third party can see or hear the Counselee. These confidentiality obligations survive the end of the counseling relationship and the termination of the Counselor’s account.
A breach of this Section is a material breach of these Terms for which the Counselor is solely responsible, and may result in immediate suspension or termination, forfeiture of unpaid fees, and referral to law enforcement or any applicable authority. BRIGHTHOPE is a platform only and is not responsible or accountable for a Counselor’s misuse or unauthorized disclosure of Counselee information.
↑ Back to topC13 · Counselor Acknowledgment
By accepting these Terms as a Counselor, I acknowledge that:
- I am an independent contractor, not an employee, and have no right to be approved as a Counselor.
- I provide spiritual, not clinical, services, only within Christian pastoral counseling.
- All sessions are 30 minutes maximum, except a documented emergency to direct a Counselee to 911.
- My video must remain enabled during all sessions.
- My social media and advertising must align with the App’s Christian-pastoral-only purpose.
- BRIGHTHOPE is not responsible or accountable for any communication between me and a Counselee, on or off the App.
- BRIGHTHOPE provides me no insurance, and I am responsible for my own coverage, taxes, and indemnification.
- I agree to binding individual arbitration and the class action waiver.
- My credentialing documentation is true and complete.
E1 Eligibility & Accounts Counselees
As a Counselee, you must meet the general eligibility requirements in §3, including identity and age verification (date of birth and a government-issued photo identification), and may create an account to connect with independent Counselors and schedule sessions. You choose your own Counselor; BRIGHTHOPE does not assign, match, or select a Counselor for you. You may remain anonymous to your Counselor using the App-generated code name (§3). You are responsible for your account credentials and all activity under your account, and you understand that Counselors are independent contractors selected at your discretion and that BRIGHTHOPE does not endorse, employ, supervise, or guarantee any Counselor.
Acceptance and authorization. As a Counselee, you accept and electronically sign these Terms in accordance with §15 — by typing your full legal name and e-signing or uploading an image of your own signature — and the App records your acceptance (your e-signature, the date, timestamp, IP address, and a unique agreement identifier).
Adults only. Counselee accounts are for individuals 18 or older. You represent that you are at least 18 years of age and are registering for yourself; you may not create or use an account on behalf of a minor or any other person.
↑ Back to topE2 Nature of Service Received Counselees
You understand that the App provides Christian pastoral, spiritual, and biblical counseling only — it is not clinical, medical, psychological, or psychiatric care, and is not a substitute for professional treatment or emergency services. If you are experiencing a crisis or emergency, contact 911 or a local crisis hotline immediately. Counseling involves spiritual guidance that may not produce any particular outcome, and BRIGHTHOPE does not guarantee results or compatibility with any Counselor.
↑ Back to topE3 Communication Options Counselees
You may participate in a session via video, audio only, or text chat, at your sole discretion, and the Counselor must accommodate your chosen mode. You understand and acknowledge that the Counselor will always be on camera (video enabled) during every session, even if you choose audio-only or text chat for yourself, for the safety, security, and accountability of all parties. As stated in §4, BRIGHTHOPE is not responsible or accountable for any communication between you and a Counselor, whether on the App or outside the App; BRIGHTHOPE does not encourage any off-platform communication, and any off-platform communication is at your own risk.
↑ Back to topE4 Fees, Payments & Cancellations Counselees
E4.1 Fees and Payments
You pay the Session Fee posted by your chosen Counselor on the App for a 30-minute session. The full Session Fee is charged at the time of booking to reserve the session.
Payment authorization and authentication. Before you can book a session, you must provide a valid payment method and complete the payment processor’s authentication process, which may include card verification, CVV, and any strong-customer-authentication or 3-D Secure step the processor requires. By submitting payment, you authorize BRIGHTHOPE and its secure third-party payment processor to charge that payment method for the Session Fee, any applicable cancellation fee, and any other amounts you owe under these Terms, and you represent and warrant that you are the authorized holder of the payment method. Payment authentication and card data are handled by the secure third-party processor under its own terms and privacy policy; BRIGHTHOPE does not store full payment-card numbers. Your authorization remains in effect for your future bookings until you remove the payment method or close your account, subject to applicable law. The App records your payment authorization (including date, timestamp, and a transaction or authorization identifier) as evidence of your agreement to be charged.
E4.2 Cancellations and Refunds
There are no free cancellations once a booking is made.
- Cancellation before 48 hours. If you cancel more than 48 hours before the scheduled session, a $10.00 cancellation fee is charged; the remainder of the amount paid is refunded to the payment method used at booking. This refund does not include the payment-processor (transaction) fee charged at booking, and additional transaction fees may apply.
- Cancellation after 48 hours, or no-show. If you cancel within 48 hours of the scheduled session, or do not show up, you are charged the full Session Fee (no refund). A no-show is recorded only after the Counselor has remained available on camera for the entire 30-minute session.
- Session cancelled or no-show by the Counselor. If the Counselor cancels at any time, or does not show up, you are refunded the full Session Fee (the payment-processor transaction fee incurred at booking is non-refundable). In such a case the Counselor is charged $5.00, deducted from the Counselor’s wallet (carried as a debit if the wallet balance is insufficient).
E5 Ratings & Reviews Counselees
Any ratings or reviews you provide are your own opinions, based on your individual experience, and are not generated, verified, or endorsed by BRIGHTHOPE. You agree to provide honest and truthful feedback. Any unlawful, defamatory, unparliamentary, abusive, or harassing content — whether in a rating, review, message, or session — is prohibited and may result in removal of the content and the suspension and/or deletion of your account, in BRIGHTHOPE’s sole discretion, in addition to any other remedy available under these Terms.
↑ Back to topE6 Assumption of Risk & No Insurance Counselees
In addition to §10, you assume the risks that pastoral counseling is spiritual and not clinical and may not produce desired results; that Counselors are independent and not vetted, endorsed, or supervised by BRIGHTHOPE as employees; and that the platform may experience technical failures, data loss, or security breaches. As stated in §7, BRIGHTHOPE provides no insurance of any kind to you, you are not an insured or third-party beneficiary of any BRIGHTHOPE policy, and the West Virginia Guaranty Association provides no coverage for the App or any counseling services received.
E6.1 Indemnification
To the fullest extent permitted by West Virginia law, you (the Counselee) agree to defend, indemnify, and hold harmless BRIGHTHOPE (73Tec LLC) and its members, managers, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the App, your violation of these Terms or any law, the information you share, your interactions with any Counselor (on or off the App), or any decision or action you take based on counseling you receive. This obligation survives termination of your account and is in addition to the general indemnification in §21.
↑ Back to topE7 Confidentiality Counselees
What you can expect. Your Counselor is required to keep your information confidential and not to share it with anyone, except where the law requires disclosure or you give written permission (see §8 and §C12). You may also remain anonymous to your Counselor by using the App-generated code name (§3), and your counseling communications through the App are encrypted as described in the Privacy Policy.
Important limits. Confidentiality is not absolute. Pastoral counseling through the App may not be protected by the clergy-penitent privilege under West Virginia law (W. Va. Code § 57-3-2), and your Counselor and BRIGHTHOPE may be required by law to disclose information — for example, to report 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. Anything you choose to share is shared at your own risk (§E6), and information you reveal outside the App, or by voluntarily disclosing your identity, is not protected by these provisions.
Your responsibilities. You agree to keep what occurs in a session confidential as well: you must not record, screenshot, or share any session or communication with a Counselor without that Counselor’s express written permission, and you must not post or disclose a Counselor’s personal information. You are responsible for using the App in a private setting and for keeping your own device and login secure.
↑ Back to topE8 · Counselee Acknowledgment
By accepting these Terms as a Counselee, I acknowledge that:
- The services are spiritual Christian pastoral counseling, not clinical, medical, or emergency care.
- BRIGHTHOPE does not employ, endorse, supervise, insure, or guarantee any Counselor or outcome.
- BRIGHTHOPE is not responsible or accountable for any communication between me and a Counselor, on or off the App.
- Sessions are 30 minutes; I may choose video, audio only, or text chat, and the Counselor is always on camera during the session.
- Once the 30 minutes end, I must book another appointment to continue or for any follow-up (§6).
- The full Session Fee is charged when I book. If I cancel more than 48 hours before the session, a $10.00 cancellation fee applies and the rest is refunded (transaction fees are non-refundable); if I cancel within 48 hours or don’t show, I am charged the full Session Fee. If the Counselor cancels or doesn’t show, I am refunded the full Session Fee (transaction fee non-refundable).
- I electronically sign and agree to these Terms under §15 — by typing my name or uploading my signature — and my acceptance is recorded.
- I authorize and authenticate payment under E4, including the full Session Fee charged at booking and any applicable cancellation fee, through the secure third-party payment processor, and I am the authorized holder of the payment method.
- BRIGHTHOPE provides me no insurance, and I assume the risks described above.
- I agree to binding individual arbitration and the class action waiver.