DaClerk Merchant Terms

Version 2026-09-09. Effective 2026-09-10.
Published at daclerk.com/terms. This version is kept permanently at daclerk.com/terms/2026-09-09. Earlier versions stay at daclerk.com/terms/<version>. The version date names this version and does not change; the Effective date is the day this version was first published at daclerk.com/terms.

These Terms are a contract between DaDeveloper LLC and the business named on an Order Form. They are written in plain English so the owner of a shop can read them without a lawyer. Plain English does not make them less binding. Sections 3, 4, 20, 21, 22 and 24 matter most: they say that the shop is the seller and carries the store's legal risk, that the software is provided as is, that our liability is capped, and that disputes go to arbitration unless the shop opts out within 30 days.

1. Who we are and how these Terms apply

1.1 Us. "DaDeveloper LLC", "we", "us" and "our" mean DaDeveloper LLC, a California limited liability company, which operates the DaClerk software under the brand "DaClerk".

1.2 You. "Customer" and "you" mean the business named on the Order Form. The person who signs the Order Form confirms they have authority to bind that business.

1.3 The documents. Your agreement with us is made of: (a) the Order Form; (b) these Merchant Terms; (c) the Acceptable Use Policy at daclerk.com/aup ("AUP"); and (d) the Subprocessor page at daclerk.com/subprocessors, for the list it holds (section 16.1). The Order Form incorporates these Terms and the AUP by reference, and these Terms incorporate the Subprocessor page. If the documents conflict, the Order Form controls over these Terms, these Terms control over the AUP, and the AUP controls over the Subprocessor page.

1.4 Effective Date and Signing Date. These Terms apply from the Effective Date stated on the Order Form, or, if none is stated, from the Signing Date. The Order Form may set the Effective Date at the day your Storefront first went live. Section 22.1(n) says how use of the Service before the Effective Date, if any, is treated. Where a clause says it runs "from the Signing Date", it states a rule or a record that begins on that date and makes no statement about what happened before it; the period before the Signing Date is governed by sections 5.1 to 5.4 and by the confirmations in your Order Form.

1.5 Versions. Each version of these Terms carries a version date, which names the version; the version date does not change once the version is published. Each version is kept, as published, at daclerk.com/terms/<version date>. The version that applies to you is the one named on your Order Form, until it is changed under section 25.10; the copy attached to your Order Form envelope is the text you accepted, and if that copy and the copy at daclerk.com/terms/<version date> ever differ, the attached copy controls. The date shown after "Effective" at the top of a version is the day that version was first published at daclerk.com/terms. It is not your Effective Date under section 1.4, which comes from your Order Form, and it does not shorten or extend anything section 1.4 or section 22.1(n) says about the period before it.

2. Definitions

Capitalized words have these meanings.

"Service" means the DaClerk software we host for you: the Storefront, the AI clerk, the admin, order handling, data storage, and related support. It does not include any product, licence, delivery, payment or age check.
"Storefront" means the per-shop website we host for you at a daclerk.com subdomain or your own domain, where Shoppers browse, chat and place orders.
Braces in quoted Storefront text. Where these Terms quote text the Service displays on your Storefront, {Shop} stands for your store's display name as it is shown on the Storefront, {contact} for the Shopper-contact email you enter in Settings, and {shop_address} for the store address you enter. Your Storefront shows those values, not the braces.
"Shopper" means a person who uses your Storefront.
"Staff" means your owners, employees and contractors who use the admin.
"Catalogue Data" means the products, categories, prices, stock, variants, images, descriptions, flags (including the restricted flag), shop facts (address, hours, phone, policies), warning text, custom AI instructions and every other setting you supply.
"Shopper Data" means data about Shoppers that the Service holds for you: accounts, names, emails, phones, addresses, orders, chat transcripts, verification flags, preferences, and staff notes.
"Customer Data" means Catalogue Data and Shopper Data together, including data we loaded from files you provided.
"Order Form" means the signed document (with its exhibits) that names you, your Fees, your setup fee, your Fee Start Date if one is stated, and your Effective Date.
"Signing Date" means the date you sign the Order Form, as recorded by the e-signature service, or, if the Order Form is signed on paper, the date next to your signature. Where the Effective Date is earlier than the Signing Date, section 1.4 says which of these Terms look back to the Effective Date and which run from the Signing Date.
"Fees" means the amounts stated on the Order Form: the subscription fee, the setup fee, and any amount for additional work agreed under section 12.4.
"Notice Email" means the Customer notice email stated in Section 1 of the Order Form, or a replacement address you later give us in writing under section 25.3. A Notice Email is always an address that you, and not we, control: no address on a domain we operate, and no mailbox, alias or account that our own people can read or send from, can be a Notice Email.
"Storefront Terms" means the terms between you and your Shoppers that the Service displays on your Storefront.
"Privacy Policy" means the privacy policy we publish at daclerk.com/privacy and display on your Storefront as your privacy policy for that Storefront (section 17.1).
"Subprocessor" means a third party we use to host, store, transmit or process Customer Data, listed at daclerk.com/subprocessors.
"Model Provider" means a Subprocessor that runs a language model for the AI clerk, and any gateway through which we reach it.
"Provider Policy" means what the AUP calls a Provider Policy: a Model Provider's use policy, prohibited-use policy or similar rules on what its model may be used for, as that provider changes them.
"Beta Feature" means a feature we label beta, preview, pilot or similar, or that section 8.3 names.
"Support Access" means our access to your admin or your data to help you, as described in section 10.
"Security Incident" means unauthorized access to, or disclosure, loss or alteration of, Customer Data in our systems or a Subprocessor's systems, that we have confirmed or reasonably suspect.
"Data-Security Breach" means a Security Incident caused by our failure to meet section 15.1.

3. What the Service is, and what it is not

3.1 You are the seller. You are the seller of record for everything sold through your Storefront. You own your listings. You decide what to sell, to whom, how, and where. We provide software. We are not a party to any sale between you and a Shopper.

3.2 What we never do. We do not sell goods, take title to goods, set prices, ship, deliver, hand over goods, take payment, verify age or identity, or hold any licence for your business. We are not a retailer, marketplace, delivery seller, remote seller, payment processor or age-verification service, as any law uses those terms. The Service takes no payment online. Orders placed on the Storefront are requests to you; they are accepted and paid for at your counter or at handover.

3.3 Every legality decision is yours. You decide whether each product may lawfully be listed, sold, delivered and handed over where you operate, and to whom. You decide which categories are age-restricted, whether delivery is offered, what warnings appear, and what to hide or remove. We make no determination about the legality of any product, sale, delivery, listing, warning or practice, and nothing we build, say, suggest or leave unsaid is such a determination.

3.4 What stays ours. As between you and us, we are responsible to you for how we host and secure the Service, for the Storefront interface we build, and for what we say on daclerk.com, on the terms and within the limits of sections 11, 15, 20 and 21. Nothing in this section shifts to you a liability that the law puts on us for our own acts; section 22 says what you do to cover it.

3.5 The Storefront says so. The Storefront displays a seller-of-record sentence to Shoppers: "{Shop} is the seller. {Shop} owns this store's listings, prices, stock, licences and required warnings, and checks ID at pickup. DaDeveloper LLC provides the software and is not a party to your purchase." You will not ask us to remove or soften it, and you will not contradict it in your own marketing. Section 17.6 says when this applies if the sentence was introduced on your Storefront after the Effective Date.

4. Your warranties

You represent and warrant to us, on the Effective Date and every day you use the Service, that:

4.1 Legality. Each product you list may lawfully be sold, and where enabled delivered, by you, at your location, to the Shoppers you sell to, under every federal, state and local law that applies, including laws on tobacco, nicotine, vapor products, hemp and cannabinoid products, kratom, 7-hydroxymitragynine, alcohol, and any other regulated goods; delivery-sale and remote-sale rules; flavor bans and product directories or lists; and marketing, labelling and warning rules.

4.2 Licences, taxes and reports. You hold every licence, permit and registration your business needs, you collect and remit every tax on your sales, and you file every report the law requires of a seller of your goods. We do not do any of this for you.

4.3 Warnings. Every warning, notice or statement the law requires for your products or your store is supplied by you, through the fields the Service gives you or on your own materials. We supply no warning text.

4.4 ID at handover. Your Staff check a valid photo ID showing the Shopper is of legal age before handing over any age-restricted product, at pickup and at delivery, every time. You do not rely on the Service, the age gate, a Shopper's self-attestation, or a verification flag as a substitute for that check.

4.5 Catalogue accuracy. Your Catalogue Data is accurate, current and not misleading. This includes names, descriptions, strength, size, count, brand, price, stock, category, and the restricted flag.

4.6 Your own data, lawfully held. Every file you give us to load, and every record you enter, is your own business record, lawfully collected and lawfully held, and you have the right to give it to us and to have us process it as these Terms describe.

4.7 Image and content rights. You own or have a licence to every image, logo, name, description and other content you supply, and our display of it on your Storefront infringes no one's rights.

4.8 No prohibited data. You will not enter full payment card numbers, card security codes, bank account numbers or Social Security numbers into the Service, and you will instruct your Staff the same way. The Service is not built to hold cardholder data, and it is not a payment system: we do not accept, process or transmit card payments for you, we offer no cardholder-data environment and no PCI DSS compliance as part of the Service, and you will not use the Service as one. Records of your in-store ID checks are your records; we hold them as your service provider (section 14). Text of this kind that was already in the files you gave us to load is governed by section 5.5.

4.9 Your instructions. Your custom AI instructions, shop facts and policies comply with the AUP and with the Provider Policies, do not ask the AI clerk to give health, dosing, cessation or therapeutic claims, do not ask it to state that a product is legal or that a Shopper qualifies by age, and do not ask it to deny or hide that it is an AI.

4.10 Authority. You have the authority to enter into these Terms, and doing so breaks no other agreement you have.

4.11 Compliance generally. You comply with every law that applies to your products, your sales, your delivery, your Shoppers, your Staff and your data.

5. Loading your data

5.1 Agency and ratification. Customer appoints DaDeveloper LLC as its agent for the limited purpose of entering Customer's own product and customer data into the Service, at Customer's instruction, and represents that the files it provides are its own business records, lawfully held. Customer is the author and publisher of every listing. DaDeveloper LLC performs data entry and mechanical formatting only; it does not review or verify legality, accuracy, pricing or age-restricted status. Customer confirms that DaDeveloper LLC loaded Customer's data files before the Effective Date at Customer's request, ratifies that work on these terms, and confirms it has reviewed the loaded catalogue and customer records in the admin.

5.2 What "data entry and mechanical formatting" means. Your Order Form lists the work we did on your files, and that list controls. In general, formatting means: changing letter case and trimming or collapsing whitespace in product names and option values; mapping your columns to our fields; standardising option names; carrying your product tags into the search index; de-duplicating exact duplicates; and removing status symbols and labelled card-security codes from records. It never means changing a strength, size, count, brand, price, stock quantity, warning, or any statement about age or legality. Where, at your instruction, we applied a category map derived from your own product-type labels, the restricted-flag map you adopt as an exhibit to the Order Form (under which a category not on the map is treated as restricted until you decide otherwise), an option-name repair, or the rule that a counted stock quantity sets the in-stock switch, that was data entry under section 5.1 which you ratify; each was your determination, applied at your instruction, and not our determination of anything. Where we change values in a bulk pass we keep a copy of each value before we change it, so the change can be reversed. If a change is wrong, tell us and we restore the original.

5.3 Your acceptance at go-live. Before your Storefront goes live, you review the loaded catalogue and customer records in the admin. Going live, or signing the Order Form after the load, is your acceptance of the loaded data as your own listings and records. Anything you later ask us to change is a new instruction under section 5.1.

5.4 Imported flags. Verification flags, notes and other Shopper attributes loaded from your files are your records of your own past acts. We do not know what your Staff did before you joined. Verification flags we imported were set from a marker in your export that you told us recorded an in-person ID check by your Staff. You ratify the loading of those flags, and their count, in your Order Form and under section 5.1, and confirm that they record your own prior ID checks and not any check by us.

5.5 Sensitive text in your records. You acknowledge that the files you gave us to load may contain payment card numbers, ID numbers, dates of birth or similar text in free-text fields. That text is your record and your responsibility. Your Order Form states your instruction about it; if it does not, then within 30 days after the Signing Date you will instruct us in writing whether to mask, delete or keep it, and if we receive no instruction we may mask card-shaped numbers. After that period, until the text is masked or deleted, it remains held at your instruction and at your risk. Masking is a right, not a duty, and creates no obligation to find or mask anything else. We tell you when a masking or deletion you instructed is done.

6. The AI clerk

6.1 Disclaimer. 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.

6.2 What shapes its answers. The clerk answers from your Catalogue Data, your shop facts, your policies and your custom instructions. You are responsible for all of them. If the clerk says something you do not want said about your store or your products, change the source or tell us at support@daclerk.com; we will help you adjust it.

6.3 Your review. You will test your Storefront before go-live and after any material change to your Catalogue Data or instructions.

6.4 What the clerk cannot do. The clerk can search your catalogue, show product details, build a cart and submit an order request. It cannot take payment, verify age, or read your staff notes. It has no order-lookup tool; for a signed-in Shopper it is shown the same short recent-order summary the Shopper sees. It is a tool for Shoppers to ask about your products; it is not a compliance control, and you will not use it as one.

6.5 Shopper notice. The Storefront tells Shoppers, before their first message, that they are chatting with {Shop}'s AI assistant, and shows them this notice: "You're chatting with {Shop}'s AI clerk. It can be wrong; prices and stock are confirmed at the counter." You will not ask us to remove or soften those notices. Section 17.6 says when this applies if a notice was introduced on your Storefront after the Effective Date.

6.6 Model Provider rules. The Provider Policies apply to what the clerk can be asked to do. Those policies change outside our control. If a policy change affects your store, we will tell you what we know, and section 9 applies.

7. Age verification

7.1 Your act. A verification flag in the Service records that your Staff checked a Shopper's ID in person. Setting or clearing a flag is your act, done by your Staff through the admin.

7.2 Our rule. From the Signing Date of your Order Form we set or clear a verification flag only on your written instruction; flags loaded from your files are governed by section 5.4. A written instruction means an email sent from your Notice Email or from the Order Form signer's address, or a message in a written chat with us that we can keep and that you started. An instruction that originates from an account, device or mailbox that our own people can use is not your written instruction. From the Signing Date we keep each such instruction with your account records, and you may ask for a copy. A flag your Staff set or clear in the admin is your act and needs no instruction to us.

7.3 What the flag does. The Service hides products you mark restricted from Shoppers who are not flagged verified. That is a display rule. It does not verify anyone, and a flag does not replace the ID check at handover in section 4.4.

7.4 What we do not hold. The Service has no field for ID images, ID numbers or dates of birth. Any such detail your Staff type into a free-text field is your record (sections 4.8 and 5.5).

8. Switches, attestations and Beta Features

8.1 You flip the switches. The restricted flag on each product, delivery, price display, warning text, and every similar control are yours to set. A product is hidden from unverified Shoppers only while its restricted flag is on. A product you create in the admin is not restricted unless you mark it. When we import your catalogue we apply the category map you adopt in your Order Form, and a category not on that map is treated as restricted until you decide otherwise; after the load the flag is yours. A default is not a legality determination and does not relieve you of section 4.

8.2 Attestations. Some features are used only on your attestation, given in the Order Form or, where the admin provides one, in the admin: for example that delivery is lawful where you operate. An attestation is your statement, made for the future, on which we rely. We do not check it. We will disable the feature at your request. Where you have used a feature before giving the attestation, the attestation in your Order Form covers your continued use from its date.

8.3 Beta Features. Beta Features are provided for evaluation. They may be incomplete, may change or be withdrawn without notice, and are excluded from any commitment in section 11. As of this version the Beta Features are: the delivery switch and delivery fee tools; the regulatory hide control (per-product hide on a date), when released; and automated catalogue text rewriting. Your warranties and attestations apply in full to any product or sale that a Beta Feature touches.

9. Suspension, removal and the no-duty rule

9.1 Our right. We may hide, remove or disable a product, category, feature, instruction, Storefront or account, with or without notice, if we believe in good faith that it: breaks the law, these Terms or the AUP; breaks a Provider Policy or a Subprocessor's policy in a way that risks our account; creates a security or legal risk to us or to other customers; or is the subject of a complaint, notice or regulator request. Where practical we will tell you first and give you the chance to fix it yourself.

9.2 A right, not a duty. 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.

9.3 Non-payment and abuse. We may suspend the Service if Fees are more than 15 days overdue after notice, or on any breach of the AUP, until the breach is cured.

9.4 No refund for cause. Fees are not refunded for a suspension or removal under this section, except as section 10.6 of the AUP provides.

10. Support Access

10.1 Scope. We access your admin and your data only to do a task you asked for (set-up, data loading, support, a fix) or to investigate or fix a security or abuse problem. Our handling of legal process is governed by section 14.7, and of a Security Incident by section 15.2.

10.2 Least privilege. We use the narrowest access that does the job. Where the Service provides a separate DaClerk support role, we use that role and not your owner account. Full ID-number text in your records is intended to be visible only to your own roles, not to our support role, once that control ships.

10.3 Recorded. From the Signing Date we keep a record of the support work we do in your store: the date, your instruction and what we did. Once the Service provides a separate DaClerk support role, we also keep a record of each support session under that role: who, which shop, when, and why. You may ask for the record for your shop. Work we did in your store before the Signing Date is listed in your Order Form and ratified there; we do not represent that a contemporaneous record of it was kept.

10.4 What support never does. In support we never set or clear a verification flag, never change a listing, price, stock, flag, warning or instruction, and never place, edit or cancel an order, except on your written instruction under section 5.1 or 7.2 (and never on an instruction that originates from an account our own people can use); before the Signing Date, section 5 and your Order Form govern. We do not read Shopper transcripts or staff notes except as needed to answer your support request or to investigate a security or abuse issue.

10.5 Your Staff. You are responsible for what your Staff do in the admin, for keeping their credentials and PINs safe, and for removing Staff who leave. Tell us at once at support@daclerk.com if you suspect an account is compromised.

11. Service commitment

11.1 Commercially reasonable efforts. We will use commercially reasonable efforts to keep the Service available and to fix reported faults. We give no uptime guarantee and no service-level agreement, and no service credits are owed.

11.2 Third-party providers. The Service depends on Subprocessors and Model Providers we do not control. We are not responsible for their downtime, errors, rate limits, policy changes, or output.

11.3 Changes. We may change the Service, add or remove features, and change Subprocessors (section 16). We will not materially reduce the core functions of the Service during a paid month without notice.

11.4 Maintenance. We may take the Service down for maintenance. We aim to do it outside your stated business hours and to give notice for planned work of more than 30 minutes.

12. Fees and payment

12.1 The subscription fee. The subscription fee for the Service is US$300 per month for each shop, unless your Order Form states a different amount, in which case the Order Form controls. It runs from the Signing Date, unless your Order Form states a Fee Start Date, in which case it runs from that date. The fee is per shop: each Storefront we host for you carries its own subscription fee.

12.2 What the subscription covers. The subscription fee covers the Service as these Terms describe it — hosting your Storefront and admin, the AI clerk, order handling, data storage and ordinary support — and nothing else. It does not cover any product, licence, delivery, payment, age check or tax of yours, and it does not cover the work described in section 12.4.

12.3 Setup fee. Your Order Form states your setup fee on a line reading "Setup fee: US$" followed by the amount. It is a one-time charge for setting your shop up, including the initial load of the data files you give us under section 5, and it is invoiced on the Signing Date. Nothing is provided free of charge by default; where a setup fee is not charged, the Order Form states the amount as US$0.

12.4 Additional work is billed separately. Custom features, integrations with other systems, data work beyond the initial import described in section 5, training, on-site support and after-hours support are not covered by the subscription fee. We carry out work of that kind only under a scope and rates agreed in writing between us before the work starts, and we invoice it separately from the subscription. We are not obliged to take on any such work.

12.5 Billing. The subscription fee is billed monthly in advance unless the Order Form says otherwise. Every invoice is due within 15 days of its date.

12.6 Price changes. We may change the Fees on at least 30 days' written notice to your Notice Email. The new Fees apply from the first billing date after the notice period. You may terminate under section 13.2 before then if you do not accept them. A rate agreed in writing for additional work under section 12.4 is not changed by a notice under this section; it is changed only by a further written agreement.

12.7 Taxes. No sales tax applies to the subscription to the Service, or to the setup fee for it, in California, and we add none to your invoice there. Where the law of another jurisdiction requires a sales, use, excise, gross-receipts, VAT or similar tax on the Fees, we add that tax to your invoice and you pay it. You alone are responsible for all taxes on the goods you sell, and for your own income and franchise taxes.

12.8 Late payment. Overdue amounts may bear interest at 1% per month or the highest rate the law allows, whichever is lower, plus reasonable collection costs.

12.9 No set-off. You pay Fees without deduction or set-off.

13. Term and termination

13.1 Month to month. These Terms run from the Effective Date month to month until terminated.

13.2 Termination for convenience. Either party may terminate on 30 days' written notice.

13.3 Termination for cause. Either party may terminate on written notice if the other party materially breaches these Terms and does not cure within 15 days of notice, or at once if the breach cannot be cured. We may terminate at once if you breach section 4.1, 4.4 or 4.8, the AUP, or if continuing would break the law or a Subprocessor's or Model Provider's terms.

13.4 Effect. On termination: your Storefront and admin close; Fees due through the termination date remain payable; section 15.6 (export and deletion) applies; and the sections listed in section 25.8 survive.

13.5 Your records. The Service is not an archive. Any record the law requires you to keep (sales, age checks, delivery-sale reports, tax records) is your responsibility to export and keep. Export regularly and before you terminate: the customer list and the catalogue through the admin; orders, transcripts and other records by asking us at support@daclerk.com.

14. Customer Data: ownership, our role, and what we will not do

14.1 You own it. As between you and us, you own all Customer Data. You grant us a non-exclusive licence to host, copy, transmit, display and process Customer Data only to provide the Service to you, to support you, to keep the Service secure, and as these Terms otherwise allow.

14.2 You are the business; we are the service provider. You decide what Shopper Data is collected on your Storefront and you are the business responsible for it. We process it only to run the Storefront for you and on your instructions. These Terms are your complete instructions unless you give us others in writing. This is so whether or not the California Consumer Privacy Act or a similar law applies to either of us.

14.3 What we will not do. We will not: (a) sell or share Customer Data, or use it for cross-context behavioural advertising; (b) retain, use or disclose Customer Data for any purpose other than providing the Service to you, or outside our direct business relationship with you; (c) combine Shopper Data with personal information we receive from anyone else, except as needed to provide the Service; (d) use Customer Data to train a machine-learning model of our own, or knowingly let a Subprocessor do so (section 16.4).

14.4 Certification. We certify that we understand the restrictions in section 14.3 and will comply with them. We will tell you if we decide we can no longer meet them. You may take reasonable and appropriate steps, on notice, to ensure we use Customer Data as these Terms allow, and to stop and remediate any unauthorized use.

14.5 Shopper requests. Shoppers send access, correction and deletion requests to you at the contact you give us. If one reaches us, we pass it to you within 5 business days and help you answer it. We act on such a request only on your instruction, unless the law requires us to act directly.

14.6 Your contact details. You will give us, and keep current: your legal entity name; your legal address (kept on the Order Form and not published); your store address (set in the admin); and an email address for Shopper requests, which the Storefront Terms also use for Shopper notices, dispute notices and arbitration opt-outs addressed to you. You will monitor it and forward any such message to legal@daclerk.com within 5 business days, keeping a record. That covers every arbitration opt-out; every dispute notice or legal notice; every message that names DaDeveloper LLC or DaClerk, threatens a claim, or comes from a lawyer, court, regulator or government body; and every complaint that the Storefront is inaccessible to a person with a disability. Ordinary access, correction and deletion requests stay with you under section 14.5. Your record shows what you received and when, and you give it to us on request. If a Shopper's opt-out or dispute notice addressed to you reaches us instead, we pass it to you within 5 business days, as the Storefront Terms say. The Storefront Terms treat an opt-out received by either of us as received by both; so if you do not forward one in time and we act toward that Shopper without knowing of it, the loss is yours under section 22.1(f). Once you have given them, the Storefront shows your name, your store address and that email to Shoppers as {Shop}, {shop_address} and {contact}. Until you give an email address, the Storefront tells Shoppers to write to privacy@daclerk.com and we pass their requests to you.

14.7 Legal process. If a court, regulator or law-enforcement body asks us for Customer Data or for information about your store, we will notify you before we respond unless the law forbids it, and we will disclose only what we are required to. Our reasonable costs of responding are recoverable under section 22.

14.8 De-identified usage data. We may create and use data about how the Service is used that does not identify you, your Shoppers or your store (for example counts, timings, error rates, and patterns of feature use) to operate, secure and improve the Service and to describe it to others. We will not try to re-identify anyone from it and will not publish it in a form that could identify you.

15. Security, incidents, backups and retention

15.1 Our security. We keep administrative, technical and physical safeguards appropriate to the data we hold, including: encryption in transit; hosting in the United States with the Subprocessors listed at daclerk.com/subprocessors; row-level access rules that keep each shop's data separate; service-role-only storage for the most sensitive tables; and access limited to those who need it.

15.2 Incident notice. If we discover a Security Incident affecting your Customer Data, we notify you without undue delay and in any event within 72 hours, and always as fast as Civil Code §1798.82(b) or any other applicable law requires, at your Notice Email. Nothing in this section delays or reduces a notice the law requires us to give you; where the law requires notice immediately on discovery, we give it. The notice says what we know: what happened, what data and how many records, what we have done, and what we suggest you do. We update you as we learn more. You decide what to tell your Shoppers and regulators; we help you with the facts.

15.3 Where the data lives. Our primary database runs in the United States (AWS us-west-1, Northern California). Our serverless functions run in the United States (San Francisco region); the content delivery network that serves static assets is global. A Subprocessor's other regions, where used, are listed at daclerk.com/subprocessors.

15.4 Backups. We keep daily database backups with our database provider and a nightly copy in a separate storage provider. Backup copies age out on a rolling cycle stated at daclerk.com/subprocessors.

15.5 Retention while active. While your account is active: Catalogue Data, Shopper accounts, orders and staff notes are kept until you delete them where the admin allows, or ask us to delete them; each chat transcript is deleted 90 days after its last message; request-rate records that hold IP addresses are deleted by a daily job once they have been idle for a day.

15.6 Export and deletion on termination. For 30 days after termination you may export your Customer Data: the customer list and the catalogue through the admin, and orders, transcripts and everything else by asking us at support@daclerk.com; we provide it in a common machine-readable format. After the 30-day export window we delete Customer Data from live systems within a further 30 days, so no later than 60 days after termination, and backup copies age out under section 15.4. We may keep what the law requires us to keep, records of the contract itself (Order Form, notices, invoices, support and instruction records), and what we reasonably need to bring or defend a claim.

16. Subprocessors and Model Providers

16.1 List. Our Subprocessors, what each receives, and where it operates are listed at daclerk.com/subprocessors. As of this version they are: Vercel (hosting), Supabase (database, authentication, realtime, backups), Cloudflare R2 (images and backup storage), OpenRouter (model gateway) routing to Google (Gemini 2.5 Flash, primary) and, as fallback, a hosting provider selected by OpenRouter for Meta Llama 3.3 70B, named on the page once confirmed, Resend (transactional email), GitHub (nightly backup job) and Zoho (business mailboxes). The page is incorporated into these Terms by reference and controls if the list here is out of date.

16.2 Change notice. We give at least 30 days' notice before adding a Subprocessor that will hold Shopper Data, by email to your Notice Email and by updating the page. If you object on reasonable data-protection grounds and we cannot resolve it, you may terminate under section 13.2 with no notice period. Replacing a Subprocessor urgently for security or availability reasons is allowed with notice as soon as practical. Model hosts reached through the gateway may change under the gateway's routing; we list the gateway, the models and the hosts we know, and the controls in section 16.4 apply to every request.

16.3 What the Model Providers receive. For each chat request we send the Model Provider: your shop facts, your custom instructions, the last 10 Shopper turns of that conversation, the catalogue data the clerk's tools return, and, for a signed-in Shopper, the Shopper's name, whether a phone number is on file (yes or no, never the digits), the verification status, the preferences text, and up to three recent orders (items and status, not prices). We never send a Shopper's email address, stored phone digits, staff notes, addresses or IP address. Anything a Shopper types into the chat, including a phone number, is sent as typed. You accept that Shoppers may type what they choose.

16.4 Training position. We do not use Customer Data to train models. At the gateway we use paid model endpoints only, and we have turned off routing to paid endpoints that train on inputs. We send each request with an instruction that the provider is not to retain or use the data for its own purposes (a no-data-collection instruction). We do not control what a Model Provider does in breach of its own terms, and a Model Provider may keep a short abuse-monitoring log under its own policy, as described at daclerk.com/subprocessors.

16.5 Our responsibility for Subprocessors. We choose our Subprocessors, and we remain responsible to you for a Subprocessor's handling of Customer Data to the extent we would be responsible under these Terms if we had done the same thing ourselves, subject to sections 20 and 21. Section 21.3 applies to a Subprocessor's failure only where it would have been a Data-Security Breach had we done the same thing ourselves. Each Subprocessor processes Customer Data under its own published terms, or under a data-processing agreement with us where one is in place, and those terms govern how it may use the data it receives from us; for Model Providers, the Subprocessor page states what their published terms say about retention and training, and section 16.4 states the controls we apply to every request. We make no representation about the content of a Subprocessor's terms beyond what the Subprocessor page states, a Subprocessor's terms are not incorporated into these Terms, and our own commitments in sections 14.3, 14.4 and 16.4 stand on their own and do not depend on them. We are not responsible for a Subprocessor's or Model Provider's downtime, errors, rate limits, policy changes or output (section 11.2).

17. Storefront Terms, Privacy Policy and shopper notices

17.1 We display them for you. The Service displays on your Storefront: the Storefront Terms between you and each Shopper; the Privacy Policy; the seller-of-record sentence (section 3.5); the AI notice (section 6.5); and an assent notice above the age-gate button that reads: "By continuing you agree to {Shop}'s Storefront Terms and Privacy Policy, and consent to your chat being processed by {Shop}'s AI providers, including DaDeveloper LLC." You will not remove, hide, cover or contradict any of them. The Storefront Terms and the Privacy Policy are displayed as your terms and your privacy policy for your Storefront. You adopt the Storefront Terms as your own terms with each Shopper, authorize us to display them in your name, and agree to be bound by them toward each Shopper, including their dispute-resolution section. That means, among other things, that toward each Shopper you: make the same arbitration promise the Shopper makes; pay the provider fees that the AAA Consumer Arbitration Rules and Code of Civil Procedure §§1281.97–1281.98 place on the business when you are the party to the dispute, within the time they set; honour an opt-out the Shopper sends to you or to us; treat a notice sent to {contact} as received by you; and meet a Shopper in court on the terms the Storefront Terms state where the Shopper has opted out or brings a small claim. You adopt the Privacy Policy as your own privacy policy for your Storefront, you are the operator of your Storefront for the California Online Privacy Protection Act and similar laws, and you will tell us in writing if any statement in either of them is not true of your store. Nothing in this section makes us a party to your contract with a Shopper or responsible for how you perform it; section 17.3 states our standing under the Storefront Terms, and section 22.1(d) and (f) cover a claim that arises from your failure to perform them.

17.2 The controller sentence. The Storefront Terms and Privacy Policy tell Shoppers: "{Shop} decides what shopper data is collected on its store and is the business responsible for it. DaDeveloper LLC processes that data only to run the store for {Shop} and on {Shop}'s instructions. Send access, correction and deletion requests to {Shop} at {contact}; if you send one to us, we pass it to {Shop} and help {Shop} answer it." You confirm this is true of your store.

17.3 Our standing under the Storefront Terms. The Storefront Terms name DaDeveloper LLC as an intended third-party beneficiary who may enforce their disclaimers, limitation of liability and dispute-resolution provisions. You agree to that, and you will not publish different Storefront Terms or a different privacy notice for your Storefront without our written consent. If you do, section 22 covers any claim that the change lets in.

17.4 Your instruction to route chats. You instruct us to send Shopper chats to the Model Providers so the clerk can answer, to present the assent notice to every Shopper before the first message they send after the notice is introduced, and to hold every chat message until the Shopper has continued past that notice. In receiving, storing and routing chats we act only as your service provider and at your instruction, for your purposes and not our own (section 14.3); we do not use chat content for any purpose other than providing the Service to you. You are responsible for any other recording, monitoring or use of Shopper chats you carry out yourself, and for any consent the law requires from your Shoppers beyond the notices we display.

17.5 Your own practices. Anything you do off the Storefront (your in-store practices, your own marketing, your own communications with Shoppers) is yours alone. Do not use the Service to send unsolicited messages.

17.6 Timing. Where a document or notice described in this section 17, section 3.5 or section 6.5 was introduced on your Storefront after the Effective Date, this section applies to it from the date it was introduced, and nothing in these Terms states that it was displayed before then.

18. Confidentiality

18.1 Each party keeps the other's non-public business information confidential, uses it only for this relationship, and shares it only with people who need it and are bound to keep it confidential. This does not cover information that is public, already known, independently developed, or required to be disclosed by law (with notice to the other party where allowed). These duties last three years after termination; for Shopper Data, they last for as long as we hold it.

19. Intellectual property, feedback and DMCA

19.1 Ours. We own the Service, its software, design, prompts, documentation and all improvements. You get the right to use the Service under these Terms and nothing else. You will not copy, reverse engineer, resell or build a competing service from it.

19.2 Yours. You own your Catalogue Data, your name, logo and content. Any use of your name or logo by us is governed by the Order Form only.

19.3 Feedback. If you give us suggestions, we may use them without obligation to you.

19.4 Copyright notice and takedown. If you believe content on a Storefront infringes your copyright, send a notice under 17 U.S.C. §512(c)(3) to us at dmca@daclerk.com. We will remove or disable the content, notify the shop that posted it, and follow the counter-notice process. We terminate, in appropriate circumstances, the accounts of repeat infringers. Content you post is yours, and a takedown of your content is a removal under section 9.

20. Disclaimers

20.1 As is. The Service, the AI clerk, every Beta Feature, and all support, documentation and advice from us are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade.

20.2 No compliance warranty. We do not warrant that the Service, its defaults, its switches, its age gate, its flags or its output will make your store, your products, your sales or your delivery comply with any law, or that the Service is suitable for the goods you sell or the place you sell them. Compliance is yours (section 4).

20.3 No advice. Nothing we write, say or build is legal, regulatory, tax or compliance advice. If we point you to a law, a date or a list, we do so as a courtesy; you will not rely on it, you will check it with your own adviser, and you accept that it may be wrong or incomplete.

20.4 No uninterrupted service. We do not warrant that the Service will be uninterrupted, error-free, secure against every threat, or that data will never be lost.

21. Limitation of liability

21.1 No indirect damages. To the fullest extent the law allows, neither party is liable to the other for any indirect, incidental, consequential, special, exemplary or punitive damages, or for lost profits, lost revenue, lost sales, lost data, lost goodwill or business interruption, however caused and under any theory of liability, even if told of the possibility.

21.2 Cap. To the fullest extent the law allows, each party's total liability to the other arising out of or relating to these Terms and the Service, under any theory, is limited to the greater of (a) the Fees you paid us in the 12 months before the event giving rise to the claim and (b) US$500.

21.3 Data-Security Breach super-cap. For a Data-Security Breach, our total liability is instead limited to the greater of (a) the Multiple times the Fees you paid us in the 12 months before the event and (b) the Data Floor. The "Multiple" is 2 and the "Data Floor" is US$5,000. The Order Form may state a higher Multiple or a higher Data Floor, and if it does, those higher amounts apply. If any amount in this section is left blank, illegible or struck when the Order Form is signed, the Multiple is 2 and the Data Floor is US$5,000; this section is never without an amount. If at the time of the claim we hold cyber-liability insurance whose per-claim limit is lower than the amount so calculated, our liability is limited to that per-claim limit, but never to less than the Data Floor. If at the time of the claim we hold no such insurance, the preceding sentence does not apply and the greater-of amount stands. This is the only provision that raises, rather than removes, our cap; section 21.4(d) and (f) still apply, and nothing in this section limits liability that section 21.4(f) says cannot be limited.

21.4 What the cap and exclusions do not cover. Sections 21.1 and 21.2 do not apply to: (a) your payment obligations; (b) your indemnity obligations under section 22; our obligations under section 22.3 are not subject to section 21.2 but are capped at the greater of two times the Fees you paid us in the 12 months before the claim and US$5,000; (c) your breach of section 4, 5.1, 5.5, 14.6, 17, 18, 19.1 or the AUP; (d) a party's fraud, willful misconduct or gross negligence; (e) our liability for a Data-Security Breach, for which section 21.3 replaces the cap in section 21.2; section 21.1 still applies to it, except that your reasonable costs of notifying Shoppers and regulators, and of any credit monitoring the law requires you to offer, are recoverable as direct damages within the section 21.3 amount; if section 21.3 is held unenforceable in whole, section 21.2 applies to that liability in its place, so that the liability is never uncapped by the failure of section 21.3 alone; or (f) any liability that cannot be limited under California law, including under Civil Code §1668 (fraud, willful injury to the person or property of another, or violation of law, whether willful or negligent).

21.5 Basis of the bargain. The Fees reflect these limits. You would pay more, and we would not offer the Service at this price, without them. The limits apply even if a remedy fails of its essential purpose. They are separate and independent: if one part is unenforceable, the rest stay in force. You may ask for a higher cap on our liability in exchange for a higher Fee; if we agree, the Order Form states it.

22. Indemnity

22.1 Your indemnity. You will defend, indemnify and hold harmless DaDeveloper LLC and its members, managers, officers, employees, contractors and agents (the "Covered People", each a "Covered Person") from and against every claim, demand, suit, proceeding, investigation, audit, regulator action, fine, penalty, loss, damage, judgment, settlement, cost and expense (including reasonable attorney fees, expert fees and our reasonable internal costs of responding) arising out of or relating to, whenever the events occurred and including your use of the Service before the Effective Date:

(a) your store, your products, your listings, your prices, your stock, your warnings, your Catalogue Data or your custom instructions, including anything the AI clerk says that comes from them;
(b) any sale, order, pickup, delivery or handover, including any sale to a person under the legal age, any failure to check ID, and any delivery to a place or person where it is not lawful;
(c) any licence, permit, registration, tax, report or filing your business needs, including delivery-sale, flavor, directory, hemp, kratom and similar rules, and any product that lacks an authorization or listing the law requires;
(d) your Shoppers, your Staff, and your disputes with either;
(e) Customer Data: its collection, accuracy, lawfulness, content and use, including any card, ID or other sensitive text in your records, and any claim by a Shopper or regulator about the data your store collects or how it is used;
(f) your breach of these Terms, the AUP, an attestation, or any warranty in section 4;
(g) any claim that content you supplied infringes or misappropriates a third party's rights;
(h) your removal, alteration or contradiction of any notice, term or policy under section 17;
(i) any government or regulator inquiry into your store, whether or not a violation is found;
(j) anything the AI clerk says or does on your Storefront, whether or not it comes from your Catalogue Data or instructions, and any Shopper's reliance on it, including any claim that the clerk gave advice, misstated a product, price, stock or legality, or did not disclose that it is an AI;
(k) any claim that your Storefront, or any part of the interface we provide for it, is inaccessible to a person with a disability, including under the Unruh Civil Rights Act, the California Disabled Persons Act or the Americans with Disabilities Act;
(l) any claim that the recording, storage, transmission or processing of Shopper chats or Shopper Data, as the Service performs it at your instruction (section 17.4), was unlawful, unconsented or a wiretap or eavesdropping, including under the California Invasion of Privacy Act;
(m) any personal injury, illness, death or property damage caused by or associated with a product you sell;
(n) your use of the Service, and every sale, order, delivery, chat and record on your Storefront, before the Effective Date, which you confirm took place at your request and which you agree is governed by these Terms as if they had been in force from the day your Storefront first went live.

This section covers claims and proceedings brought by anyone other than the parties (including Shoppers, Staff, suppliers, insurers, courts, regulators and other government bodies). It does not apply to a claim by you against us or by us against you; sections 21 and 24 govern those. Item (n) allocates risk between you and us; it is not a statement by either party that any past sale, delivery or practice was lawful.

22.2 Even if we are named. Your indemnity applies whether the claim is brought against you, against us, or against both, and applies even where the loss was caused or contributed to, in whole or in part, by the ordinary negligence (active or passive), strict liability or breach of statutory duty of a Covered Person. It does not apply to the extent a court or arbitrator finally decides that the loss was caused by that Covered Person's own fraud, willful misconduct or gross negligence (Civil Code §1668).

22.3 Our indemnity. We will defend and indemnify you against a third-party claim that the Service, as we provide it and as used under these Terms, infringes that party's United States patent, copyright or trademark. This does not cover claims arising from Customer Data, your content, your instructions, your combination of the Service with anything not supplied by us, or use after we tell you to stop. If such a claim arises we may modify or replace the Service, get a licence for it, or end your subscription and refund prepaid Fees for the unused period. This is your only remedy for infringement, and our liability under this section is capped as section 21.4(b) states.

22.4 Procedure. The party seeking indemnity gives prompt written notice of the claim (delay only reduces the indemnity to the extent it causes harm), gives the indemnifying party control of the defense and settlement, and gives reasonable help at the indemnifying party's expense. The indemnified party may join with its own counsel at its own cost. We may take over the defense of a claim, at your expense, if it is brought by a government body or regulator against a Covered Person, seeks relief other than money against a Covered Person or against the Service, or if you do not confirm in writing within 15 days of notice that you will fund the defense in full, do not have counsel reasonably acceptable to us, do not defend diligently, or are unable to fund the defense. Where we take over, you remain liable under section 22.1, and we will not settle for money you must pay without your consent, not unreasonably withheld. No settlement may admit fault by, impose an obligation on, or fail to fully release the indemnified party without its written consent. If the indemnifying party does not take up the defense within 15 days of notice, the indemnified party may defend and settle the claim and recover the cost.

22.5 Fines and regulator actions. Your indemnity covers fines, penalties and regulator actions to the fullest extent the law allows a party to bear another's fine. Where the law does not allow it, you instead reimburse every cost of responding and defending, and any loss that follows.

23. Insurance

23.1 You will maintain commercial general liability insurance, including products liability, of at least US$1,000,000 per occurrence, with an insurer rated at least A- by A.M. Best. If this section states no amount, or the amount is blank or struck when the Order Form is signed, the minimum is US$1,000,000 per occurrence. The policy will name DaDeveloper LLC as an additional insured, be primary and non-contributory to any insurance we hold, and include a waiver of subrogation in our favour. You will give us a certificate showing this on signing, on request and at each renewal. Your insurance does not limit your obligations under section 22; it is one of the ways you fund them.

23.2 We will maintain technology errors-and-omissions and cyber-liability insurance while these Terms are in force, and will give you a certificate on request.

24. Disputes

24.1 Governing law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

24.2 Talk first. Before starting a claim, a party sends the other a written notice describing the dispute and what it wants. The parties try in good faith to resolve it for 30 days.

24.3 Arbitration. Any dispute arising out of or relating to these Terms, the Order Form, the AUP or the Service that is not resolved under section 24.2 is decided by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, in Los Angeles County, California. Where the AAA or the law treats this as a consumer arbitration, the AAA Consumer Rules apply, we pay the provider's fees the law or those rules place on us, and we pay them within the time the law sets. The Federal Arbitration Act governs this section. Judgment on the award may be entered in any court with jurisdiction. The arbitrator may award the same individual relief a court could, and applies the limits in sections 21 and 22. Each party pays its own attorney fees unless the applicable law or these Terms provide otherwise.

24.4 30-day opt-out. You may opt out of section 24.3 by emailing legal@daclerk.com within 30 days after the Order Form is signed, with the subject "Arbitration opt-out" and your business name. The opt-out is one-time and does not need a reason. If you opt out, section 24.7 applies instead. Opting out does not affect any other part of these Terms.

24.5 Small claims and injunctions. Either party may bring an individual claim in small-claims court in Los Angeles County, California, if the claim qualifies there. Either party may seek a temporary restraining order or preliminary injunction in court to protect its intellectual property or confidential information, or to stop unauthorized use of the Service or of Customer Data, without waiving arbitration.

24.6 No class actions. Each party may bring claims against the other only in its individual capacity, not as a plaintiff or class member in any class, consolidated or representative proceeding, and the arbitrator may not consolidate claims of more than one customer. If this sentence is found unenforceable for a particular claim, that claim (and only that claim) proceeds in court under section 24.7, and the rest of this section stays in force. Nothing in these Terms prevents a party from seeking public injunctive relief where the law requires that option to remain available.

24.7 Courts. For any dispute not subject to arbitration, the state and federal courts located in Los Angeles County, California have exclusive jurisdiction, and each party consents to that jurisdiction and venue and waives any objection to it.

24.8 Jury waiver. To the extent the law allows, each party waives trial by jury for any dispute in court.

24.9 One year to bring a claim. Any claim arising out of or relating to these Terms or the Service must be started within one year after the claimant knew or should have known of the facts giving rise to it, and is otherwise permanently barred. For a claim under section 22, the period runs from the date the party seeking indemnity receives the third-party claim, demand or inquiry. Starting a claim means sending the notice under section 24.2 within that year and then filing in arbitration or court within the later of (a) the end of the one-year period and (b) 90 days after the 30-day period in section 24.2 ends; the one-year period is tolled while section 24.2 runs. For a small-claims case under section 24.5, starting a claim means filing it within that year. This applies to both parties and to claims under any theory, to the extent the law allows a contractual limitation period.

25. General

25.1 Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control, including failure or unavailability of a Subprocessor or Model Provider, a change in a Provider Policy, cyberattack, denial-of-service attack, internet or power failure, act of government, law change, epidemic, fire, flood, or labour dispute. This does not excuse payment of Fees already due.

25.2 Assignment. You may not assign or transfer these Terms without our written consent, except to a successor to your whole business that assumes them in writing and passes our reasonable checks. We may assign these Terms to an affiliate or to a successor to our business on notice to you. Any other assignment is void.

25.3 Notices. Contract notices to us go by email to legal@daclerk.com; if legal@daclerk.com rejects your message, send it to support@daclerk.com with "Legal notice" in the subject line, and we treat a message that arrives that way as sent to legal@daclerk.com. Notices to you go by email to your Notice Email, or to a replacement address you give us in writing. A notice is received on the business day it is sent if sent before 5 pm Pacific time, otherwise the next business day. A postal address for contract notices is available on written request. This section does not affect service of legal process as the law provides.

25.4 Entire agreement. The Order Form, these Terms, the AUP and the Subprocessor page are the whole agreement between the parties about the Service. They replace every earlier discussion, proposal, email and understanding. Neither party relies on any statement not written in them.

25.5 Precedence. Order Form, then these Terms, then the AUP, then the Subprocessor page (section 1.3).

25.6 Severability. If a court or arbitrator finds any provision, or any part of a provision, unenforceable, it is to be enforced to the maximum extent the law allows and, if necessary, reformed to the minimum extent needed to make it enforceable. The rest of that section and of these Terms stay in full force. The limits in section 21, the indemnity in section 22 and the dispute rules in section 24 are each made of separable parts, and striking one part does not strike the others.

25.7 No waiver. A party's failure or delay in enforcing a right is not a waiver of it. A waiver must be in writing and is limited to its terms.

25.8 Survival. Sections 3, 4 (as to the period of use), 5, 6.1, 7, 8.2, 9.2, 10.3, 12 (for Fees accrued), 13.4, 13.5, 14, 15.2, 15.4, 15.6, 16.4, 16.5, 17 and 18 through 26 survive termination, as does any other provision that by its nature should survive.

25.9 Independent contractors. The parties are independent contractors. Section 5.1 creates an agency for data entry only. Nothing else creates a partnership, joint venture, franchise, fiduciary or employment relationship. Neither party may bind the other.

25.10 Amendment. We may change these Terms by posting a new version at daclerk.com/terms with a new version date (the earlier version stays at its own daclerk.com/terms/<version date> address, unchanged) and emailing your Notice Email at least 30 days before it takes effect. Continued use of the Service after that date is acceptance of the new version. A change that reduces our obligations in section 14 or 16, or expands how we may use Customer Data, does not apply to data already collected unless you agree to it in writing. A change to section 24 does not apply to a dispute that a party has already noticed under section 24.2 or that is already pending. If you do not accept a change, you may terminate before it takes effect. No other change, and no change to the Order Form, is effective unless in writing and signed by both parties.

25.11 No third-party beneficiaries. Except for the Covered People under section 22 and as section 17.3 provides for the Storefront Terms, no one other than the parties has any right under these Terms. Shoppers are not third-party beneficiaries of these Terms.

25.12 Electronic signatures and counterparts. The Order Form may be signed electronically and in counterparts, and an electronic record of it is as valid as a paper original.

25.13 Interpretation. Headings are for convenience. "Including" means "including without limitation". "Written" and "in writing" include email. These Terms are not construed against the party that drafted them.

26. Contacts

Legal notices: legal@daclerk.com (support@daclerk.com with "Legal notice" in the subject if legal@ rejects your message)
Privacy and Shopper data requests: privacy@daclerk.com
Copyright notices: dmca@daclerk.com
Support: support@daclerk.com

DaDeveloper LLC, a California limited liability company. Postal address available on written request to legal@daclerk.com.

Version 2026-09-09. Earlier versions: none.