Terms & Conditions

1 The Platform & Nature of Service All users

1.1 Ownership and Operation

The App is owned and operated by BRIGHTHOPE, 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. See Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012); State v. Blevins, 231 W.Va. 135 (2013).

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

To use the App in any role, you must be at least 18 years of age, have the legal capacity to enter into a binding contract under West Virginia law, and provide true, complete, and accurate registration information. 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. 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 without BRIGHTHOPE’s express prior written approval, and the App’s systems automatically enforce this time limit.

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. In such an emergency, the thirty-minute limit may be exceeded only for the time reasonably necessary to direct the Counselee to emergency resources, and the Counselor must document the extension in the App’s notes. The App is not an emergency service and is not a substitute for professional or crisis care.

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

Counselors agree to maintain the confidentiality of communications with Counselees, except as required by law (e.g., mandatory reporting of child abuse under W. Va. Code § 49-2-803). 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. 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.

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.

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.

15 Electronic Acceptance & Signature All users

You agree to be legally bound by these Terms by (1) clicking “I AGREE” or checking the acknowledgment checkbox; (2) typing your full legal name into the signature field; and (3) confirming that your typed name serves as your binding electronic signature, which 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.). 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. The system auto-generates the date and timestamp and records your typed name, e-signature, date, timestamp, and IP address as admissible evidence of your agreement.

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. Entire agreement. These Terms 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.

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 meet at least one of the following pathways and provide verifiable documentation:

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.

C3 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).

Any violation of this scope (including exceeding the 30-minute limit without a documented emergency) is a material breach resulting in immediate termination, forfeiture of unpaid fees, and potential reporting to any applicable licensing board or law enforcement.

C4 Session Conduct & Video Requirement Counselors

The Counselor must have their video enabled at all times during counseling sessions, for the safety, security, and accountability of all parties; violation may result in suspension or termination of access. The Counselor must accommodate the Counselee’s chosen mode of communication (video, audio only, or text chat), and the Counselee’s choice of mode is not grounds to cancel or refuse a session. Each session is limited to 30 minutes (subject to the emergency exception in §6). The Counselor must comply with the App’s automated session-end notifications.

C5 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.

C6 Payment, Fees & Payouts Counselors

Counselees pay the full Session Fee through the App’s payment processor; BRIGHTHOPE collects all payments as the Counselor’s limited payment collection agent. The minimum Session Fee for a 30-minute session is $30.00 USD (Counselors may set a higher fee in whole-dollar increments; a maximum of [Insert amount, e.g., $150.00] may apply, changeable on 30 days’ notice).

For each completed session, 80% of the Session Fee is paid to the Counselor and 20% is retained by BRIGHTHOPE as a non-refundable platform fee. Wallet funds are released automatically on the last calendar day of each month if the balance is at least $100.00 (otherwise it rolls over), transmitted within three (3) business days via [ACH / direct deposit / Stripe Connect / PayPal]; balances do not accrue interest. Unscheduled withdrawals carry a $5.00 fee, require a $20.00 minimum, and may be limited to two (2) per week. Refunds reverse the Counselor’s 80%; a successful chargeback reverses the Counselor’s portion and BRIGHTHOPE may deduct the full Session Fee (plus a $15.00 chargeback fee) from future payouts or as a debt payable within 30 days. Free or donation-based sessions carry no 80/20 distribution (BRIGHTHOPE may waive its 20%), but cancellation fees still apply at the standard $10.00 rate. If a Counselor cancels with less than 24 hours’ notice, no fee is charged to the Counselee and the Counselee is fully refunded; repeated cancellations (3+ in 90 days) may lead to suspension.

C7 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.

C8 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.

C9 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.

C10 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.

E1 Eligibility & Accounts Counselees

As a Counselee, you must meet the general eligibility requirements in §3 and may create an account to connect with independent Counselors and schedule sessions. You are responsible for your account credentials and all activity under your account. You understand that Counselors are independent contractors selected at your discretion and that BRIGHTHOPE does not endorse, employ, supervise, or guarantee any Counselor.

E2 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.

E3 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 acknowledge that Counselors are required to keep their video enabled during sessions. 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, and you are encouraged to keep your interactions on the App; any off-platform communication is at your own risk.

E4 Fees, Cancellations & Refunds Counselees

You pay the full Session Fee (minimum $30.00 for a 30-minute session; the Counselor may set a higher posted fee) through the App’s payment processor at the time of booking. If you cancel a scheduled session, a $10.00 cancellation fee applies regardless of reason (except a verified App technical failure), including no-shows, and is non-refundable. You may request a refund within forty-eight (48) hours of a scheduled session only if no counseling services occurred, or a verified platform-wide technical failure prevented the session; all refunds are issued at BRIGHTHOPE’s sole discretion. If a Counselor cancels with less than 24 hours’ notice, you receive a full refund of any pre-paid Session Fee. Initiating a chargeback does not waive these Terms, including the dispute-resolution provisions in §12.

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 and not to post unlawful, defamatory, or harassing content.

E6 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.