Terms of Service for OpenPew

Last Updated: March 11, 2025

Welcome to OpenPew.report (“OpenPew,” “we,” “us,” or “our”), an independent platform operated by OpenPew LLC, a limited liability company organized under the laws of the State of Colorado, USA, located at 3029 N Hancock Ave, Colorado Springs, CO 80907. The Service facilitates the reporting and investigation of misconduct within churches. By accessing or using our website and services (collectively, the “Service”), you agree to be bound by these Terms of Service and Privacy Policy (“Terms”). These Terms apply to both the organization that has engaged our services (“Client Organization”) and individuals submitting reports through our platform (“Reporters”). Please read this document carefully.

1. Acceptance of Terms

By using the Service, whether as a Client Organization or a Reporter, you agree to these Terms, including the integrated Privacy Policy in Section 6. If you do not agree, you may not use the Service.

2. Scope of Service

OpenPew provides a confidential reporting mechanism for individuals to submit allegations of misconduct occurring within a church affiliated with a Client Organization. We facilitate the collection, storage, and transmission of reports to designated representatives of the Client Organization for review and investigation, as outlined in our agreement with them. Reports regarding entities without a contractual relationship with OpenPew LLC will only be received within the United States and will not be processed further.

3. Terms for Client Organizations

3.1 Eligibility

To engage our Service, the Client Organization must be a legally recognized entity (e.g., a church, nonprofit, or association) and must enter into a separate service agreement with OpenPew LLC specifying the terms of use, fees, and responsibilities.

3.2 Responsibilities

  • Designation of Representatives: The Client Organization must appoint authorized representatives to receive and act on reports submitted through the Service.
  • Compliance: The Client Organization agrees to comply with all applicable laws, including privacy and data protection regulations (e.g., Colorado Privacy Act), in handling reports.
  • Use of Reports: Reports may only be used for investigating and addressing misconduct, not for retaliation or unlawful purposes.

3.3 Payment

The Client Organization is responsible for any fees outlined in the service agreement, payable as agreed. Failure to pay may result in suspension or termination of access to the Service.

3.4 Termination

We may terminate or suspend the Service to a Client Organization for breach of these Terms or the service agreement, with notice provided as required by law.

4. Terms for Reporters

4.1 Eligibility

Any individual may use the Service to submit a report, provided they do so in good faith and in accordance with these Terms. No account registration is required. Individuals under 13 years of age may not submit information unless supervised by an adult, per Section 6 (Privacy Policy).

4.2 Submission Guidelines

  • Accuracy: Reporters must provide truthful and accurate information to the best of their knowledge.
  • Prohibited Content: Reports must not contain defamatory, abusive, or illegal material, or be submitted with malicious intent.
  • Anonymity: Reporters may choose to submit anonymously where permitted by the form; however, providing contact information may assist in follow-up investigations.

4.3 Confidentiality

We strive to protect your privacy as outlined in Section 6 (Privacy Policy). Reports are transmitted to the Client Organization’s designated representatives, who are responsible for further handling.

4.4 No Guarantee of Outcome

Submitting a report does not guarantee investigation, resolution, or specific action by the Client Organization. OpenPew LLC facilitates reporting but does not control the response or warrant specific outcomes.

5. General Terms for All Users

5.1 Intellectual Property

The Service, including its design, content, and branding, is owned by OpenPew LLC or its licensors and protected by copyright and trademark laws. Users may not reproduce, modify, or distribute any part of the Service without prior written consent.

5.2 Prohibited Conduct

Users (Client Organizations and Reporters) may not:

  • Use the Service for illegal purposes.
  • Attempt to hack, disrupt, or misuse the platform.
  • Submit false or misleading information intentionally.

5.3 Disclaimer of Warranties

The Service is provided “as is” without warranties of any kind, express or implied, including accuracy, reliability, suitability, or availability. OpenPew LLC assumes no responsibility for errors or omissions in the Service’s contents. We do not warrant that the Service is free of viruses or harmful components. Every effort is made to keep the Service operational, but we are not liable for temporary unavailability due to technical issues beyond our control.

5.4 Limitation of Liability

OpenPew LLC shall not be liable for any loss or damage, including without limitation, special, direct, indirect, consequential, or incidental damages, arising from the use of the Service or its contents, whether in contract, negligence, or other tort, to the fullest extent permitted by law. This includes reliance on information provided or actions taken by Client Organizations.

5.5 Indemnification

Users agree to indemnify and hold OpenPew LLC harmless from any claims, losses, or damages arising from their use of the Service or breach of these Terms.

5.6 Third-Party Links

The Service may link to external websites not controlled by OpenPew LLC. We have no control over their content, availability, or policies, and inclusion of links does not imply endorsement or recommendation.

6. Privacy Policy

6.1 Information We Collect

  • From Reporters: We collect information you provide when submitting a report, such as name (optional), email (optional), incident details, dates, and church location. You may submit anonymously by omitting optional fields.
  • From Client Organizations: We collect contact details of designated representatives (e.g., names, emails) and administrative data required to provide the Service (e.g., billing information).
  • Automatically Collected: We may collect technical data like IP addresses, browser type, and usage patterns via cookies or analytics tools to improve the Service.

6.2 How We Use Information

  • For Reporters: Your report data is used solely to facilitate transmission to the Client Organization’s representatives for investigation. Anonymous submissions are processed without linking to personal identifiers.
  • For Client Organizations: Representative contact details are used to deliver reports and manage the service agreement. Billing data is used for payment processing.
  • General Use: Technical data helps us maintain and enhance the Service’s functionality and security.

6.3 Data Sharing

  • Reports are shared only with the designated representatives of the Client Organization tied to the reported church.
  • We do not sell or share your personal information with third parties, except as required by law (e.g., court orders) or to service providers (e.g., hosting, email delivery) under strict confidentiality agreements.
  • Aggregate, anonymized data may be used for statistical purposes without identifying individuals.

6.4 Data Security

We implement reasonable measures (e.g., encryption, secure servers) to protect your information from unauthorized access, loss, or disclosure. However, no system is 100% secure, and we cannot guarantee absolute security.

6.5 Data Retention

  • Reporter data is retained only as long as necessary to transmit reports and ensure follow-up (typically 90 days post-submission), unless legally required to retain longer.
  • Client Organization data is kept for the duration of the service agreement and up to one year after termination, unless otherwise agreed.

6.6 Your Rights

  • Reporters may request access to or deletion of their submitted data by contacting us, though anonymous submissions cannot be traced back.
  • Client Organizations may update representative details via their service agreement contact.
  • Under the Colorado Privacy Act (CPA), Colorado residents have rights to access, correct, or delete personal data, subject to verification.

6.7 Cookies

We use cookies for basic functionality (e.g., form submissions) and analytics. You can disable cookies in your browser, but this may limit Service features.

6.8 Children’s Privacy

The Service is not intended for individuals under 13. We do not knowingly collect data from children under 13 without verified parental consent. If you are under 13, do not submit information including your name, address, telephone number, or email unless supervised by an adult. If we learn we have collected such data, we will delete it promptly. Parents and guardians are encouraged to monitor children’s online activities. If you believe we have received information from a child, notify us at support@openpew.report.

6.9 Compliance with Privacy Laws

OpenPew LLC monitors and strives to comply with applicable privacy laws, including:

  • Colorado Privacy Act (CPA): Governs personal data handling for Colorado residents.
  • Health/Medical: Where applicable (e.g., HIPAA, if health-related misconduct is reported).
  • Financial: Where applicable (e.g., GLBA, if financial misconduct is reported).
  • Consumer Credit: Where applicable (e.g., FACTA, if relevant to reports).
  • Electronic Records: Where applicable (e.g., FDA Title 21 CFR Part 11, if relevant).
  • Deceptive Practices: Per U.S. FTC rulings.
  • Spam: Per CAN-SPAM Act for email communications.
  • Government Data: Per U.S. Privacy Act, if applicable.
  • Data Breach Safeguards: Per laws requiring protection and breach notifications.
  • COPPA: As noted above for children’s data.

6.10 Accessibility

We strive to comply with the sixteen standards for Web Accessibility under Section 508 of the U.S. Workforce Reinvestment Act of 1998, and other applicable accessibility laws, to ensure the Service is usable by individuals with disabilities.

7. Modifications to Terms

We may update these Terms periodically. Changes will be posted on this page with an updated “Last Updated” date. Continued use of the Service after changes constitutes acceptance of the revised Terms.

8. Termination

We reserve the right to suspend or terminate access to the Service for any user violating these Terms, with or without notice, at our discretion.

9. Governing Law

These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict of law principles. Disputes shall be resolved in the state or federal courts of Colorado.

10. Contact Us

For questions about these Terms or privacy matters, contact us at support@openpew.report.