Terms of Service

These Terms of Service (“Terms”) are a binding legal agreement between you and Frank Data Consultants, Inc. (“FDC”, “we”, “us”, or “our”) governing your use of the Dux Coach application and related services (together, “the app”). By creating an account, checking the consent boxes, or otherwise using the app, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not create an account and do not use the app.

Eligibility & access

The app is intended only for users who are 18 years of age or older. By using the app you represent and warrant that you are at least 18, that you have the legal capacity to enter into these Terms, and that your use complies with all laws that apply to you. You are responsible for keeping your login credentials secure and for all activity that occurs under your account.

Not medical or professional advice

The app provides general fitness, nutrition, and habit-coaching information for educational and informational purposes only. It is not medical, health, nutritional, psychological, legal, or other professional advice, and it does not diagnose, treat, cure, prevent, or prescribe for any condition. Using the app does not create a doctor-patient, therapist-client, dietitian-client, trainer-client, or any other professional or fiduciary relationship between you and FDC. We are not doctors, physical therapists, dietitians, pharmacists, or licensed health professionals, and nothing the app outputs should be treated as a substitute for the judgment of one. Always consult a qualified, licensed professional before starting or changing any exercise, diet, supplement, medication, or treatment, and never disregard or delay seeking professional advice because of something you read in the app. If you may be experiencing a medical emergency, call your local emergency number immediately.

General-wellness product, not a medical device

Dux Coach is a general-wellness and fitness product intended to support a healthy lifestyle. It is not a medical device, is not intended to be used in the diagnosis, cure, mitigation, treatment, or prevention of any disease or condition, and has not been evaluated or cleared by the U.S. Food and Drug Administration or any other regulatory authority.

Talk to a professional first if this applies to you

If you are pregnant or nursing, have a heart condition or other chronic condition, have a history of disordered eating, are under 18, or are under a doctor’s care for any reason, talk to a qualified health professional before following any suggestion in the app, and do not rely on the app in place of their advice. Dux Coach is a general-wellness product and does not give medical advice.

No guarantees; individual results vary

We make no representation, warranty, or guarantee that using the app, or following any suggestion, plan, or information it provides, will produce any particular result, including any specific change in strength, weight, body composition, health, or performance. Fitness and nutrition outcomes depend on many factors outside our control, and individual results vary. Nothing in the app is a promise or claim that any exercise, nutrition approach, supplement, or other product or practice is effective, safe, or suitable for you.

Supplements, peptides, and other substances

You may ask the coach about supplements, vitamins, hormones, peptides, SARMs, and similar substances, and it may provide general, educational information and point you to publicly available sources. Any such information is background only. It is not a recommendation, endorsement, prescription, or instruction to obtain or use any substance, and the coach will not provide dosing, reconstitution, cycling, titration, sourcing, or purchasing information, or claims that any substance is effective or safe. Many of these substances are not approved by the FDA for human use, and some are unlawful to sell or use; their legal and regulatory status changes over time. You are solely responsible for determining the legality of, and for any decision to obtain, possess, or use, any substance, and for doing so only under the care of a qualified licensed professional. To the fullest extent permitted by law, FDC disclaims all liability for any decision you make, or any harm you suffer, in connection with any substance discussed in or informed by the app, and you assume all such risk.

Assumption of risk & your safety

Physical activity carries inherent risks, including serious injury. You participate voluntarily, exercise within your own limits, and are responsible for your own safety and decisions. We are not doctors, physical therapists, dietitians, or licensed health professionals. You agree to use safe practices — including using a spotter and/or safety pins or a rack for heavy or maximal lifts, warming up properly, using good form and appropriate equipment, and stopping immediately if you feel pain, dizziness, chest discomfort, or possible injury, and seeking care. The coach may encourage your goals but will not endorse an attempt it considers unsafe; the final choice, and the risk, are yours. To the fullest extent permitted by law, FDC is not liable for any injury or loss arising from your use of the app.

AI-generated content

Coaching text, plans, check-ins, and summaries are generated by artificial intelligence from the information you log. AI can produce output that is inaccurate, incomplete, outdated, or not appropriate for your situation, and it may “hallucinate” facts. The app’s output is not reviewed by a human before you see it. You are responsible for evaluating the output with your own judgment, and for verifying anything important with a qualified professional, before relying on or acting on it. To use AI features you must provide the consent described at sign-up and in our Privacy Policy.

License to use the app

Subject to these Terms, FDC grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the app on devices you own or control, solely for your own personal, non-commercial use. If you downloaded the app from the Apple App Store, this license is also limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. This license ends automatically if you breach these Terms or when your account is closed.

Ownership & intellectual property

The app is licensed, not sold. FDC and its licensors own all right, title, and interest in and to the app, including its software, design, text, graphics, logos, the Dux Coach name, and all related intellectual property. These Terms do not transfer any of those rights to you, and all rights not expressly granted to you are reserved. Content you log stays yours; you give FDC a limited license to store, process, and display it only as needed to operate the app and provide your coaching, as described in the Privacy Policy. If you send us feedback or suggestions, we may use them without any obligation to you.

Acceptable use

You agree not to, and not to help anyone else to:

• use the app for any unlawful purpose or in violation of these Terms;
• upload content you do not have the right to share, or that is unlawful, harmful, or infringes anyone’s rights;
• access or attempt to access another user’s account or data, or probe, scan, or test the app’s security;
• copy, modify, distribute, sell, rent, lease, or create derivative works of the app;
• reverse engineer, decompile, or disassemble the app, except where the law expressly allows it despite this restriction;
• scrape the app, use bots or automated means to access it, or get around its usage limits or safety features (including the coach’s dosing safeguards);
• interfere with or disrupt the app, its servers, or its service providers; or
• use the app to build a competing product or to train an AI model.

We may suspend or close accounts that break these rules. If you believe content in the app infringes your rights, contact us at the address below and we will review it and act as appropriate.

Your data

Your logged data is yours. You can export or permanently delete it anytime from More → Settings → Your data. Our handling of your information is described in the Privacy Policy.

Disclaimers & limitation of liability

The app is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, FDC disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement, and does not warrant that the app will be uninterrupted, error-free, or that its output will be accurate or reliable.

To the fullest extent permitted by law, FDC and its owners, officers, employees, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or for any personal injury, illness, or death, arising out of or relating to your use of (or inability to use) the app, whether based in contract, tort (including negligence), strict liability, or any other theory, even if we have been advised of the possibility of such damages. In no event will FDC’s total aggregate liability arising out of or relating to the app or these Terms exceed the greater of the amount you paid us to use the app in the 12 months before the event giving rise to the claim, or one hundred U.S. dollars (US $100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless FDC and its owners, officers, employees, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the app; (b) your violation of these Terms or of any law; (c) any decision you make, or action you take, regarding exercise, diet, supplements, peptides, SARMs, medications, or any other substance or treatment, including any decision informed by the app’s output; or (d) your violation of the rights of any third party.

Governing law & venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Subject to the arbitration provision below, the state and federal courts located in Florida will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to their jurisdiction and venue.

Binding arbitration & class-action waiver

Please read this section carefully. It affects your legal rights, including your right to go to court and to bring a class action.

Informal resolution first. Before starting arbitration or a small-claims case, you and FDC each agree to try to resolve the dispute informally for at least 30 days. To start, send a written notice to support@frankdataconsultants.com (or, for us, to the email on your account) that includes your name, the email on your account, a description of the dispute, and the relief you want. The 30 days begin when the notice is received. Time limits for bringing a claim are paused during this period.

Agreement to arbitrate. If the dispute is not resolved within those 30 days, any dispute, claim, or controversy between you and FDC arising out of or relating to these Terms or the app (including whether this section is enforceable) will be resolved by final and binding arbitration, not in court. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, available at adr.org, before a single arbitrator. The Federal Arbitration Act governs this section. The arbitrator may award the same individual relief a court could, but only to you or FDC individually. Fees are paid as provided in the AAA Consumer Arbitration Rules. Hearings may be held by video or phone, or in the county where you live.

Individual claims only; class-action waiver. You and FDC each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. You and FDC each waive the right to a jury trial. The arbitrator may not combine more than one person’s claims or preside over any class or representative proceeding.

Small-claims exception. Either of us may instead bring an individual claim in small-claims court in your county of residence or in Florida, as long as the claim qualifies and stays in that court on an individual basis. Either of us may also ask a court to stop infringement or misuse of intellectual property.

Mass arbitration. If 25 or more similar demands are filed against FDC by or with the help of the same or coordinated law firms or organizations, the demands will be administered in batches of up to 50, with one batch at a time and, where the AAA rules allow, one arbitrator per batch. The remaining demands will be held, and any filing fees for them deferred, until earlier batches are resolved. Time limits for the held claims are paused while they wait. You and FDC agree to cooperate in good faith to carry this out.

Your right to opt out. You may opt out of this arbitration agreement by emailing support@frankdataconsultants.com within 30 days after you first accept these Terms, with the subject line “Arbitration Opt-Out” and the email address on your account. Opting out does not affect any other part of these Terms. If you opt out, disputes will be heard in the courts described in “Governing law & venue” above.

Severability. If the class-action waiver is found unenforceable for any claim or type of relief, that claim or relief will be decided by a court (not in arbitration), after any arbitrable claims are resolved, and the rest of this section still applies. If any other part of this section is found unenforceable, it will be removed and the rest of this section will remain in effect.

Time limit to bring claims

To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the app must be filed within one (1) year after the claim arose. Otherwise, the claim is permanently barred. This does not apply where the law does not allow the time to bring a claim to be shortened.

Apple App Store terms

This section applies if you downloaded the app from the Apple App Store. If it conflicts with any other part of these Terms, this section controls for your use of the iOS app.

• Agreement is with FDC. These Terms are between you and FDC only, not Apple Inc. (“Apple”). FDC, not Apple, is solely responsible for the app and its content.
• Maintenance and support. FDC is solely responsible for any maintenance and support of the app, as described in these Terms or as required by law. Apple has no obligation at all to provide maintenance or support for the app.
• Warranty. FDC is solely responsible for any product warranty, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the app. To the maximum extent permitted by law, Apple has no other warranty obligation of any kind with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses caused by a failure to conform to a warranty are FDC’s sole responsibility.
• Product claims. FDC, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including: (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar laws.
• Intellectual property claims. If a third party claims that the app or your possession and use of it infringes that third party’s intellectual property rights, FDC, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
• Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer contact. Questions, complaints, or claims about the app should be directed to Frank Data Consultants, Inc. at support@frankdataconsultants.com.
• Third-party terms. You must comply with any applicable third-party terms when using the app, such as your wireless carrier’s data service agreement.
• Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Termination & changes

We may suspend or end access to the app at any time. We may update these Terms; material changes will be posted here with a new date, and continued use means you accept them.

Severability & entire agreement

If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary and the rest will remain in full force. Our failure to enforce any provision is not a waiver of it. These Terms, together with the Privacy Policy and the consents you accept in the app, are the entire agreement between you and FDC regarding the app and supersede any prior understanding on that subject.

Text messages (SMS)

Text messaging is optional and off by default. If you opt in, you agree to receive recurring automated text messages from Dux Coach (coaching reminders and check-ins) at the number you provide. Consent is not a condition of using the app. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time, or HELP for help. We use your number only to send the messages you requested and never share it or your SMS consent with third parties for marketing.

Contact

Frank Data Consultants, Inc. — support@frankdataconsultants.com.