Benny & Co.
Welcome to Benny and Co. These Terms of Use (“Terms”) govern your access to and use of the Benny and Co. mobile app and website (together, the “Service”), operated by Benny and Co. Coaching, LLC (“Benny and Co.,” “we,” “us,” or “our”).
By creating an account or using the Service, you agree to these Terms. If you don’t agree, please don’t use the Service.
The Service is invite-only — you can only join if a Benny and Co. coach creates and sends you an account invitation. You must be at least 18 years old to use the Service. By using it, you confirm you meet that requirement.
You’re responsible for keeping your login credentials confidential and for all activity under your account. Don’t share your account with anyone else. Contact us right away at coach@bennyandco.fit if you suspect unauthorized access.
You can delete your account at any time from Settings → Delete Account. This permanently removes your data and cannot be undone (see our Privacy Policy for details).
The app is how you track habits, log workouts, message your coach, and see your progress. It is a tool that supports the coaching relationship — it is not itself a substitute for individualized medical or nutritional advice, and it does not replace the judgment of your coach or your own healthcare providers.
The terms of your actual coaching engagement — including fees, refunds, the 90-day guarantee, cancellation, and liability — are set out in your separate, signed Coaching Agreement, not in these Terms. If anything here conflicts with your Coaching Agreement, the Coaching Agreement controls.
Exercise and dietary changes carry inherent risk. By using the Service, you confirm that you are voluntarily participating and that you have consulted a physician if you have any condition that could make exercise or dietary changes unsafe for you. Nothing in the app constitutes medical advice. Discontinue any activity that causes pain or discomfort and consult a medical professional.
You agree not to:
We may suspend or terminate access for violating these Terms.
You retain ownership of the photos, messages, videos, and other content you submit through the app (“Your Content”). By submitting it, you grant Benny and Co. a limited license to store, process, and display Your Content back to you and your coach, solely to provide the Service (for example, so your coach can review a form-check video or compare your progress photos).
We will not use Your Content publicly (e.g., in marketing or testimonials) without your separate, explicit permission through our Photo & Testimonial Release.
The app, its design, the Focus Four / Win Zone system, workout programs, the Benny and Co. name and logo, and all related materials are owned by Benny and Co. Coaching, LLC and protected by intellectual property law. You may use them only as part of your own coaching experience — not to copy, resell, or redistribute.
Parts of the Service rely on third parties — Apple HealthKit, Calendly for scheduling, and Stripe for payment processing. Your use of those integrations is also subject to that provider’s own terms and privacy policy.
The Service is provided “as is” and “as available.” We do not guarantee the Service will be uninterrupted, error-free, or available at all times. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose.
To the fullest extent permitted by law, Benny and Co. Coaching, LLC will not be liable for any indirect, incidental, or consequential damages arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid us in the 12 months before the claim arose. This section does not limit liability that cannot be limited under applicable law.
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if your coaching engagement ends, consistent with your Coaching Agreement.
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute will first go through good-faith mediation before either party pursues other remedies, with venue in Placer County, California, consistent with your Coaching Agreement.
We may update these Terms from time to time. We’ll post the updated version here with a new “Last updated” date. Continuing to use the Service after changes take effect means you accept the updated Terms.
Questions about these Terms? Email coach@bennyandco.fit.