DaClerk

DaClerk Acceptable Use Policy

Version 2026-09-09. Effective 2026-09-10.
Published at daclerk.com/aup and linked from daclerk.com/terms. This version is kept permanently at daclerk.com/aup/2026-09-09; earlier versions stay at daclerk.com/aup/[version]. Incorporated into the DaClerk Merchant Terms (version 2026-09-09) and into each Order Form, and attached to each Order Form. For a Customer that has signed an Order Form, this Policy applies from the Effective Date of that Order Form; a duty this Policy states by reference to the Signing Date runs from that date and makes no statement about the period before it. Where a shop uses the Service without a signed Order Form, this Policy applies from the date that shop first used the Service.

DaDeveloper LLC, a California limited liability company ("DaDeveloper LLC", "we", "us"), provides the DaClerk software service (the "Service"): a per-shop storefront with an AI clerk that answers questions and assembles orders, and an admin the shop runs its store from. This Policy says what the shop that signed an Order Form (the "Customer") must and must not do with the Service.

Capitalized terms not defined here have the meaning given in the Merchant Terms. "Storefront" means Customer's shopper-facing site on the Service. "AI clerk" means the chat assistant on the Storefront. "Shopper" means a person using the Storefront. "Effective Date" means the start date in Customer's Order Form. "Signing Date" has the meaning given in the Merchant Terms: the date Customer signs its Order Form, as recorded by the e-signature service, or, if the Order Form is signed on paper, the date next to Customer's signature; where a shop uses the Service without a signed Order Form, references in this Policy to the Signing Date mean the date that shop first used the Service. Where the Effective Date is earlier than the Signing Date, a duty this Policy states by reference to the Signing Date runs from the Signing Date and does not reach back to the Effective Date. "Model Provider" means a third party whose language model generates AI clerk output, and any gateway or platform through which DaDeveloper LLC reaches that model; in this Policy that meaning applies even where the Merchant Terms define the term more narrowly. "Provider Policy" means the terms of service, acceptable-use policy or prohibited-use policy that a Model Provider publishes for use of its model or service, as that provider amends it.

1. Customer is responsible

1.1 Customer decides what it sells, to whom, how, and where. DaDeveloper LLC makes no determination about whether any product, sale, delivery or listing is lawful, and nothing in this Policy is such a determination.

1.2 Customer is responsible for everything done with the Service under its accounts: by its owner, its staff, and anyone Customer lets into the admin. Customer must remove access for people who leave. This does not cover acts of DaDeveloper LLC's own staff under the Support Access clause of the Merchant Terms, which that clause governs.

1.3 Customer may run stricter rules on its own store. This Policy is the floor, not the ceiling.

1.4 Customer must not state or imply, to a Shopper, a regulator or anyone else, that DaDeveloper LLC has reviewed, verified, approved, licensed or endorsed Customer, its products, its listings, its age checks, or the legality of any sale or delivery, and must not use the DaClerk name or logo in a way that suggests it. The seller-of-record sentence the Storefront displays is true of Customer's store, and Customer must not contradict it.

2. Unlawful goods and unlawful sales

Customer must not use the Service to list, offer, sell or deliver anything that is unlawful to list, offer, sell or deliver where Customer operates or where Customer delivers. Laws that may apply include state and local rules on tobacco, nicotine, vaping products, hemp and cannabis products, kratom, 7-hydroxymitragynine and other regulated or controlled substances; flavored-product restrictions and product directories; delivery-sale, shipping, registration and reporting rules, including whether an order placed online and collected in store or delivered is a "delivery sale" or "remote sale" under federal, state or local law; licensing; and required warnings and labelling. This list is illustrative. Whether any of these applies to Customer is Customer's determination, made with its own advisers.

3. Sales to minors

3.1 Customer must not use the Service to sell, offer or market age-restricted goods to anyone under the legal age where Customer operates, and must not direct any Storefront content or marketing at minors.

3.2 The Storefront asks each Shopper to confirm they are 21 or older before entering. That confirmation is a Shopper's statement, not an age check. Customer must verify age and identity in person at handover, for pickup and delivery alike, and must not treat the Storefront, the AI clerk or a chat as an age or identity check.

3.3 Customer decides which of its products require an ID-verified account and marks them in the admin. DaDeveloper LLC does not make that decision; the Service enforces Customer's marking but does not choose it, and the initial marking of an imported catalogue is Customer's own, adopted in the age-restriction exhibit of its Order Form. Customer must not mark as available to unverified Shoppers any product that the law where Customer operates or delivers requires to be sold only after age verification. Customer must not remove, weaken or work around the age gate, the sign-in step, or the verified-account control itself (the mechanism that withholds a product Customer has marked restricted from an unverified Shopper), and must not instruct the AI clerk to do so. Changing which products carry the restriction is Customer's decision and is not, by itself, a breach of this paragraph.

4. Model Provider policies flow through

4.1 The AI clerk is powered by third-party language models. Each Model Provider bars certain uses of its models, and those bars apply to every shop on the Service. Customer must not use the Service, or configure the AI clerk, in any way that would breach a Provider Policy if DaDeveloper LLC made that use itself, and Customer agrees to comply with each Provider Policy as if it were a party to it.

4.2 The Provider Policies for the models in use on the version date above are:

and any additional or successor policy the same providers apply to the endpoint that serves the Service.

4.3 Provider Policies change on the provider's own schedule and outside our control, and we may change models. The current models are listed on the Subprocessors page at daclerk.com/subprocessors, which the Merchant Terms incorporate. A change to a Provider Policy binds Customer from the date we notify Customer of it under section 12, and we will pass on a change within 10 business days after we learn of it. Between the provider's change and our notice, we may act under section 10 to protect our provider relationship, and doing so is not a finding that Customer breached this Policy.

4.4 Some goods that are lawful for Customer to sell may still be goods a Model Provider bars its model from being used to sell, describe or promote. If we learn that a listing or category conflicts with a Provider Policy, we may hide it from the AI clerk, or disable the AI clerk for it or for the Storefront, under section 10. Doing so is a decision about our own contractual exposure, not a finding about legality.

4.5 Before listing a new category of goods that a Provider Policy may treat as a regulated or controlled substance, or a category not on the age-restriction exhibit of its Order Form, Customer must tell us at legal@daclerk.com and confirm in writing that it may lawfully sell that category where it operates and delivers and holds any licence required. We may route such a category away from the AI clerk under section 10. Our acceptance of the notice is not a determination of legality.

5. Abuse of the AI clerk

5.1 The Service is powered by third-party language models. Its output is generated, not authored or reviewed by DaDeveloper LLC, and can be wrong, incomplete or out of date. It is not advice and is not an age-verification, licensing or product-safety control.

5.2 Customer controls the AI clerk through settings and custom instructions in the admin. Customer must not use them, or any other means, to prompt or configure the AI clerk to:

  • (a) state or decide whether a product, sale, delivery or use is legal, or give legal advice of any kind;
  • (b) give dosage, serving, medical, therapeutic, health-effect or safety claims about any product, state potency or strength beyond what appears on Customer's listing or label, or present itself as having health or medical expertise. Stating the strength, size, count, flavour or other option exactly as it appears on Customer's listing or label is not a claim under this paragraph;
  • (c) determine, estimate or confirm a Shopper's age or identity, or tell a Shopper that a chat counts as an age or identity check;
  • (d) deny being an AI when asked, claim to be a human, or conceal or contradict any notice the Service displays that identifies the AI clerk as an AI;
  • (e) reveal, confirm or describe products that Customer's own restriction settings withhold from an unverified Shopper, or bypass any such restriction;
  • (f) make claims about a product that are not on Customer's listing or label, or fabricate prices, stock, reviews or endorsements;
  • (g) collect from Shoppers more personal information than an order needs, or ask for payment card numbers or other payment details;
  • (h) evade a Model Provider's safety controls or produce content a Provider Policy bars;
  • (i) infer, record or act on a Shopper's health condition, disability, religion, ethnicity, sexual orientation, immigration status or other sensitive characteristic, or profile Shoppers on any such basis;
  • (j) contradict, narrow or override the Storefront Terms, the Privacy Policy, the seller-of-record sentence, the age-gate notice, the chat-consent notice or any other notice the Service displays.

5.3 Customer must review its own custom instructions for compliance with this section. We do not review them; the Service applies only automated formatting and fencing intended to keep instructions from overriding its base rules; that processing is a technical safeguard, not a guarantee, review, approval or compliance check, and creates no duty. The Service is designed to resist instructions that try to override its base rules; no such control is perfect, which is one reason Customer, not the Service, decides what is sold and to whom. A language model can be led, by Customer's instructions or by a Shopper's messages, to depart from its base rules; output produced that way is generated output under section 5.1, an attempt by Customer to cause it is a breach of section 5.2, and an attempt by a Shopper is Shopper misuse under section 13.3.

6. Scraping, automated access and security

Customer must not, and must not authorise or knowingly permit anyone acting for it to:

  • (a) scrape, crawl, harvest or bulk-extract content or data from the Service, another shop's Storefront, or daclerk.com, other than exporting Customer's own data through the means the Service or the Merchant Terms provide;
  • (b) evade, overload or test the Service's rate limits or other protective measures;
  • (c) probe, scan or test the security of the Service, or access data, accounts or shops that are not Customer's;
  • (d) reverse engineer, decompile or copy the Service, its software, its prompts or its interfaces, or use the Service or the AI clerk's output to train, build or benchmark a competing service. This does not restrict Customer's use of its own catalogue, customer records and conversation transcripts, including after export, to run its store;
  • (e) upload malware or any code intended to harm the Service or its users.

7. Reselling and accounts

7.1 The Service is licensed to Customer for Customer's own shop or shops as named in an Order Form. Customer must not resell, sublicense, rent, or make the Service available to any third party as that third party's own product (this does not restrict DaDeveloper LLC's white-label feature on Customer's own store), or otherwise make the Service available to anyone else. Each separate business needs its own Order Form.

7.2 Customer must keep sign-in credentials, staff PINs and recovery codes confidential and must not share them outside its staff.

8. Unsolicited messages and data Customer brings

8.1 Customer must not use the Service, or any Shopper contact information obtained through it, to send unsolicited SMS, email, calls or other messages, and must comply with the Telephone Consumer Protection Act, the CAN-SPAM Act, California law and any other law that governs its messaging.

8.2 Customer must only load, or have DaDeveloper LLC load at its instruction, data that Customer lawfully holds and is entitled to use for running its store.

8.3 Payment and banking data, any field. Customer must not enter payment card numbers, card security codes, bank account numbers, online-payment credentials or Social Security numbers anywhere in the Service, and must instruct its staff the same way. The Service is not built to hold cardholder data. We may mask card-shaped numbers in free-text fields, telling Customer promptly after; doing so is a right, not a duty, and creates no obligation to find or mask anything else.

8.4 ID-check records. Where Customer records an in-store age or identity check in a customer note, it must record no more than it needs (for example the ID type and the last four digits of the document number) and only what the law where it operates lets it keep. The Service is not designed to hold health information, and Customer should not record it. Those notes are Customer's records; DaDeveloper LLC holds them as Customer's service provider and does not read them except as the Support Access clause of the Merchant Terms allows.

8.5 Records in Customer's store on the Signing Date. Data of the kind sections 8.3 and 8.4 bar or limit that is in Customer's records on the Signing Date, whether DaDeveloper LLC loaded it before the Effective Date at Customer's request or Customer's staff entered it before the Signing Date, is Customer's record. Data DaDeveloper LLC loaded was loaded under the import authorization and ratification in Customer's Order Form. Customer must review those records and, within 30 days after the Signing Date, remove any data section 8.3 bars and any data section 8.4 does not let it keep, or instruct us in writing to redact it mechanically. That period runs from the Signing Date of Customer's Order Form, or, where a shop uses the Service without a signed Order Form, from the date that shop first used the Service; it does not run from an Effective Date earlier than either. A mechanical redaction is run by pattern at Customer's instruction; it is data entry under the Merchant Terms, not a review, and creates no obligation to find or remove anything the pattern misses. Until then that data is held at Customer's instruction and Customer's risk, DaDeveloper LLC's handling of it is data entry and storage only, and Customer's warranties and indemnity in the Merchant Terms cover it. After that period, until the data is removed or redacted, it remains held at Customer's instruction and at Customer's risk. DaDeveloper LLC's handling of it remains data entry and storage only, and Customer's warranties and indemnity in the Merchant Terms continue to cover it, whether or not Customer acted within the 30 days. An instruction about this data in Customer's Order Form is Customer's instruction under this section for the data it names and does not shorten Customer's duty under this section for any other data.

9. Other prohibited content

Customer must not use the Service to publish content that infringes another person's copyright, trademark or other rights (including product images Customer has no right to use); that is false or misleading; that is defamatory, harassing or hateful; that promotes violence or self-harm; or that violates any law or Provider Policy. We respond to copyright notices under 17 U.S.C. §512 and terminate, in appropriate circumstances, the accounts of Customers who repeatedly infringe. Copyright notices go to our designated agent at dmca@daclerk.com.

10. Enforcement: a right, not a duty

10.1 DaDeveloper LLC has no obligation to review, monitor, verify or approve Customer's catalogue, listings, prices or conversations. Any right it reserves to remove, hide or disable content or a feature is a right and not a duty, and exercising it once creates no obligation to do so again. Customer remains solely responsible for its listings whether or not DaDeveloper LLC acts.

10.2 If we believe in good faith that any of the following has happened, we may do any of the following, at our discretion and in any order: warn Customer; hide or remove a listing or category; disable a feature (including the AI clerk or delivery); suspend the Storefront or the admin; or terminate under the Merchant Terms:

  • (a) Customer has breached this Policy;
  • (b) we have received a credible notice from a regulator, a Model Provider, a rights holder or a court about Customer's store; or
  • (c) Customer's use, even if compliant, exposes DaDeveloper LLC to legal, security or provider-relationship risk that we cannot reasonably manage another way.

A breach of this Policy is a material breach of the Merchant Terms.

10.3 Where practical we tell Customer, by email to Customer's notice email in the Order Form, what we did and why before acting, and otherwise promptly after; failing to give notice does not affect or invalidate the action. Where the breach is curable, we may restore the affected listing or feature within a reasonable time once Customer shows, to our reasonable satisfaction, that it has been cured, unless we have terminated under the Merchant Terms or a law or Provider Policy still bars it.

10.4 No fees are refunded or credited for any period of suspension or removal caused by Customer's breach. Action or inaction under this section is not a breach by DaDeveloper LLC, and DaDeveloper LLC's liability for it, if any, is subject to the disclaimer of warranties and the limitation of liability in the Merchant Terms, including the exceptions stated there. Nothing in this Policy limits liability for a party's fraud, willful injury or violation of law. Claims arising from Customer's breach of this Policy fall within Customer's indemnity in the Merchant Terms, without limiting that indemnity, which covers claims arising from Customer's store, listings, products, sales, delivery, customers and records whether or not this Policy was breached. That indemnity also covers the losses we suffer if a Model Provider or gateway suspends, restricts, charges or terminates our account because of Customer's use, including the cost of moving Customer or the Service to another model. Shoppers' rights are governed by each shop's Storefront Terms, of which DaDeveloper LLC is an intended third-party beneficiary.

10.5 Action under this section is a step to protect the Service and DaDeveloper LLC. It is not a determination that any product, sale or listing is unlawful, and Customer may not rely on our inaction as approval.

10.6 Where we disable a feature or listing under section 10.2(c) without a breach by Customer, Customer's sole remedy is a pro-rata credit of the fees attributable to that feature for the period it is disabled, or, if the AI clerk or the Storefront is disabled for more than 14 consecutive days, termination of the Order Form without penalty on written notice. This section 10.6 is the only exception to the no-refund rule in the Merchant Terms.

11. Reporting

Report suspected breaches of this Policy to legal@daclerk.com. Copyright notices go to dmca@daclerk.com. Privacy matters go to privacy@daclerk.com. Legal notice to DaDeveloper LLC is by email to legal@daclerk.com; a postal address is available on written request.

12. Changes

We may update this Policy. The version and effective date are at the top, and each version is kept at daclerk.com/aup/[version]. We will notify Customer by email to Customer's notice email in the Order Form at least 30 days before a material change takes effect, except that a change required by law or by a Provider Policy may take effect on notice. If Customer does not accept a material change, it may terminate the Order Form without penalty by written notice before the change takes effect; continued use of the Service after that date is acceptance of the change. Prior versions are also available from legal@daclerk.com on request.

13. Relationship to other documents

13.1 This Policy is part of the Merchant Terms. If this Policy conflicts with the Merchant Terms or an Order Form, the Order Form controls, then the Merchant Terms, then this Policy.

13.2 Except section 10.6, nothing in this Policy expands our obligations or narrows our protections under the Merchant Terms. The Merchant Terms' disclaimer of warranties, limitation of liability, indemnity, dispute-resolution (including arbitration, class waiver, opt-out and small-claims terms), governing-law (California; Los Angeles County), one-year limitation period, severability and survival clauses apply to this Policy as if set out here. If for any reason the Merchant Terms do not apply to a claim under this Policy: (a) the Service is provided as is and DaDeveloper LLC disclaims all warranties, express or implied; (b) DaDeveloper LLC's total liability under this Policy is limited to the greater of the fees Customer paid in the 12 months before the claim and US$500, except for DaDeveloper LLC's fraud, willful injury or violation of law (Cal. Civ. Code §1668); (c) neither party is liable for indirect, consequential, special or punitive damages; (d) claims must be brought within one year of accrual; and (e) California law governs, with venue in Los Angeles County. If any part of this Policy is held unenforceable, it is enforced to the maximum extent the law allows and the rest stays in force; each limb of this section 13.2 is separable from the others. Sections 1.4, 6(d), 8, 10.4, 10.5 and 13 survive termination of the Order Form.

13.3 This Policy governs Customer. Shoppers are governed by each shop's Storefront Terms and by the Privacy Policy shown on its store, which DaDeveloper LLC supplies and which Customer must keep in force on its Storefront, unaltered, including the terms naming DaDeveloper LLC as an intended third-party beneficiary and the shopper acceptable-use terms. Customer is not required to police Shoppers, but remains responsible under the Merchant Terms for its store and its Shoppers' use of it, and must (a) not encourage, assist or permit a Shopper's misuse, including the conduct in section 5.2; (b) tell us promptly at legal@daclerk.com when it learns of misuse of the AI clerk on its Storefront; (c) act promptly on any Shopper misuse we report to it; and (d) cooperate with any step we take under section 10 in response. Any claim arising from a Shopper's use of Customer's Storefront falls within Customer's indemnity in the Merchant Terms.

DaDeveloper LLC · legal@daclerk.com · privacy@daclerk.com · dmca@daclerk.com

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