TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) of Benchmark App LLC (the “Company”) govern use of the Company’s App (as defined below).
The App. The Company provides a mobile and web-based application (the “App”) designed for members of youth hockey programs, including children under the age of thirteen (13), and their coaches. The App is intended to support athletic development and team coordination by enabling users to track individual and team training activities and performance progress, monitor and review personal and team-related goals, and manage schedules. The App is made available to athletes and, where applicable, their parents, legal guardians, coaches, and team administrators (Each a “User”, or collectively, the “Users”), for use solely in connection with youth hockey participation.
Prohibited Conduct. Users may not engage in any conduct that compromises the safety, privacy, or well-being of others or that interferes with the intended use of the App (“Prohibited Conduct”). Prohibited Conduct includes, but is not limited to: bullying, harassment, intimidation, posting or sharing inappropriate content, or any other activity that violates applicable laws, regulations, or the Company’s policies. Prohibited Conduct also includes inappropriate use of the AI Coach feature, including but not limited to, dialogue about or relating to obsessive compulsive behavior, thoughts of self-harm, signals of disordered eating, experimental use of supplements or prescription medications, or recreational use of drugs or alcohol. Messages may be monitored and moderated, in the sole discretion of the Company. Accounts may be suspended or terminated for engaging in Prohibited Conduct.
Messaging. Users may send messages to other users, coaches, or team administrators through the App. All messages may be monitored, reviewed, and moderated by the Company to ensure safety, compliance with the App’s rules, and protection of users. By using the App, users acknowledge and agree that they have no expectation of privacy in any messages sent, received, or stored through the App.
AI Coach. The App includes a secure, proprietary AI-powered coaching feature (the “AI Coach”). The AI Coach is designed to help interpret performance data and offer personalized support and training recommendations. The AI Coach is not open source. Information submitted through the feature may be processed to provide personalized training insights, and is handled in accordance with the Privacy Policy, as defined below.
HIPAA Disclaimer. Benchmark is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), any medical information disclosed through the App is not protected under HIPAA. Users should not submit medical records, diagnoses, or other sensitive health information through the App.
Privacy Policy. The Company’s collection, use, and disclosure of personal information through the App are governed by the Company’s Privacy Policy, located at https://www.benchmarkgoals.com/privacy-policy (the “Privacy Policy”). Users are encouraged to review the Privacy Policy, which explains what personal information is collected and how it is used, stored, and shared by the Company.
Termination. The Company reserves the right to suspend or terminate a User’s account at any time, with or without notice, if the User’s conduct violates these Terms, the App’s rules, or otherwise threatens the safety, security, or well-being of other Users or the App.
Intellectual Property. All content, features, and functionality available through the App, including text, graphics, logos, software, and other materials, are owned by or licensed to the Company and are protected by applicable intellectual property laws. Subject to these Terms, the Company grants users a limited, non-exclusive, non-transferable, revocable license to access and use the App solely for its intended purposes. All rights not expressly granted are reserved by the Company.
Disclaimers & Liability. The App is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied. To the maximum extent permitted by applicable law, the Company disclaims all liability for any damages arising from the use or inability to use the App, including but not limited to direct, indirect, incidental, consequential, or punitive damages.
Health & Performance Disclaimers. By using the App, Users acknowledge that:
- No Medical or Health Advice. The App does not provide medical, mental health, diagnostic, or therapeutic advice. It is not a substitute for professional medical care or guidance.
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No Performance Guarantees. The Company does not guarantee any specific outcomes, results, or improvements in athletic performance. Individual results may vary.
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Assumption of Risk. Use of the App is at the User’s own risk. Users should consult qualified health, medical, or fitness professionals regarding any concerns before engaging in physical activity or following training guidance.
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Subscriptions.
(a) Paid Features. Certain features of the App require a paid subscription.
(b) Billing. All subscription payments are processed through the applicable app store (e.g., Apple App Store, Google Play) and are subject to their terms and conditions.
(c) Cancellation. Subscriptions may be canceled at any time through your app store account settings. Cancellations will take effect at the end of the current billing period, and access will remain active until then.
(d) Refunds. Refunds are governed by the policies of the applicable app store. The Company does not provide refunds directly.
(e) Changes. Subscription pricing, plans, and features may be modified at the Company’s discretion. Where required by law, users will receive notice of such changes.
Arbitration. Any dispute, controversy or claim arising out of or in connection with, or relating to, these Terms or any breach or alleged breach hereof shall, upon the request of either party, be submitted to, and settled by, commercial arbitration before a single arbitrator mutually agreed upon by the parties in Burlington, Vermont. The arbitration shall proceed pursuant to and in accordance with the provisions of this Section and otherwise pursuant to and in accordance with the Commercial Arbitration Rules then in effect of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties so involved). Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the appropriate court of any forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration or as otherwise determined by the arbitrator to be more just and equitable under all the circumstances. Each party shall pay for and bear the cost of its own experts, evidence and counsels’ fees except to the extent, if at all, the arbitrator determines that it is more just and equitable under all the facts and circumstances that one party reimburse the other, in whole or in part, for the cost of the other party’s experts, evidence and/or counsel fees; provided, however that if either party fails to proceed with the arbitration as provided herein or unsuccessfully seeks to stay such arbitration, or fails to comply with any arbitration award, the other party shall be entitled to be awarded costs, including reasonable attorneys’ fees, paid or incurred by such other party in successfully compelling such arbitration and/or successfully defending or enforcing the award.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont, without giving effect to principles of conflict of laws that would require the application of any other law.
ACKNOWLEDGMENT OF ARBITRATION. These Terms contain an agreement to arbitrate. After signing this document, I understand that I will not be able to bring a lawsuit concerning any dispute that may arise which is covered by the arbitration agreement, unless it involves a question of constitutional or civil rights. Instead, I agree to submit any such dispute to an impartial arbitrator.
