Terms of Service

Last Updated: January 7, 2026

These Terms of Use (“Terms”) govern your access to and use of ShopDucky, an AI-powered automation platform provided by AfterHours AI, Inc. (“AfterHours,” “ShopDucky,” “we,” “us,” or “our”), including our websites, apps, APIs, and related services (collectively, the “Services”).

By using the Services, you agree to these Terms and our Privacy Policy (incorporated by reference).

1. Your Relationship With Us

ShopDucky is a business product for ecommerce merchants and teams. If you use the Services on behalf of a company or other entity (“Customer”), you represent you have authority to bind that Customer, and “you” includes both you and that Customer. The Customer is responsible for all use of the Services under its accounts, including by employees, contractors, and agents.

2. Accepting the Terms

By accessing or using the Services, you confirm that you can form a binding contract with us and that you agree to these Terms. If you do not agree, do not use the Services.

3. Changes to the Terms

We may update these Terms from time to time. We will update the “Last Updated” date and may provide notice through the Services or by email for material changes. Continued use after changes become effective means you accept the updated Terms.

4. Your Account

You must provide accurate information when creating an account and keep it current.

You are responsible for safeguarding credentials and for all activity under your account(s). Notify us promptly at support@shopducky.com if you suspect unauthorized access.

We may suspend or terminate accounts if we believe there is a violation of these Terms, a security risk, legal exposure, or harmful or abusive behavior.

To request account deletion, contact support@shopducky.com.

5. The Services; Integrations; Your Responsibilities

5.1 What the Services do

ShopDucky helps you automate and assist business workflows (for example: generating drafts, summarizing tickets, organizing dispute/chargeback evidence, syncing data between systems, and executing actions in connected tools) based on your configuration and connected data.

5.2 Integrations and connected accounts

If you connect third-party services, you authorize us to access and process data from those services (“Connected Data”) to provide the Services. Your use of third-party services is governed by those third parties’ terms and policies. We are not responsible for third-party services and may suspend an integration if required for security, legal, or operational reasons.

5.3 You are responsible for compliance and permissions

You represent and warrant that:

  • you have all rights and permissions needed to provide Connected Data and other inputs to us;

  • your use of the Services complies with applicable laws (including privacy, marketing, consumer protection, and employment laws);

  • you will provide any notices and obtain any consents required from your customers and end users (including where you use AI-assisted communications).

5.4 Human review and business decisions

AI outputs may be incorrect. You are responsible for reviewing outputs before sending communications, submitting disputes, changing records, or taking actions. You are solely responsible for decisions made using the Services.

6. Acceptable Use

You may not (and may not allow others to):

  • access or use the Services in violation of these Terms or applicable law;

  • reverse engineer, decompile, disassemble, or attempt to discover source code or underlying models (except to the extent prohibited by law);

  • interfere with or disrupt the Services (including circumventing rate limits or security controls);

  • use automated means to scrape or extract data from the Services other than via our documented APIs (if available) and permitted uses;

  • upload or transmit malware or malicious code;

  • access another user’s or organization’s data without authorization;

  • use the Services to generate or send unlawful, deceptive, or abusive communications (including spam);

  • process or submit sensitive data unless you have a lawful basis and the feature is intended for that use;

  • use the Services to infringe intellectual property rights or privacy rights of others.

We may investigate violations and suspend or terminate access.

7. Customer Data, Inputs, and Output

7.1 Definitions

“Customer Data” means data you or your users submit to the Services or make available through integrations (including data about your customers). “Inputs” means prompts, rules, templates, configurations, files, and instructions you provide to the Services. “Output” means results generated by the Services based on Inputs and Customer Data.

7.2 Ownership

As between you and us:

  • you retain your rights in Customer Data and Inputs;

  • subject to these Terms, you may use Output for your internal business purposes and customer operations.

We retain all rights in the Services, including software, models, algorithms, and improvements.

7.3 License to operate the Services

You grant us a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Data and Inputs solely to provide, maintain, secure, and improve the Services, and as otherwise permitted by our Privacy Policy.

7.4 Improvement and training (de-identified)

We may use Customer Data, Inputs, and Output to improve and develop our models and systems only after taking steps to de-identify the data, including stripping or masking personal information and removing or reducing identifiers so it cannot reasonably be linked to an individual. We do not attempt to re-identify de-identified data except as permitted by law.

8. Fees; Billing

Certain features require payment. Pricing, plan terms, and billing cadence will be described at purchase or in your order form. Payments are typically processed through a third-party payment processor (e.g., Stripe). Taxes may apply. We may suspend access for nonpayment.

9. Intellectual Property

The Services and all associated intellectual property are owned by AfterHours AI, Inc. or its licensors and are protected by law. You may not use our trademarks without written permission.

10. Confidentiality

If we provide access to non-public information about the Services (e.g., beta features, documentation, roadmap), you agree to keep it confidential and not disclose it to third parties.

11. Third-Party Services and AI Providers

The Services may rely on third-party infrastructure and AI providers. Those providers may have their own terms. We are not responsible for third-party services, interruptions, or changes.

12. Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, secure, error-free, or that Output will be accurate or reliable.

13. Limitation of Liability

To the maximum extent permitted by law:

  • We will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data, even if advised of the possibility.

  • Our total liability for all claims related to the Services will not exceed the amount paid by you to us for the Services in the 12 months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations; in that case, the limitation applies to the maximum extent permitted.

14. Indemnification

You agree to defend, indemnify, and hold harmless AfterHours AI, Inc. and its officers, directors, employees, and agents from claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

  • your or your users’ use of the Services;

  • Customer Data/Inputs provided through your account; or

  • your violation of these Terms or applicable law.

15. Termination

You may stop using the Services at any time. We may suspend or terminate access as described above. Sections that should survive termination (including intellectual property, disclaimers, limitation of liability, and dispute resolution) will survive.

16. DMCA / Copyright Complaints

If you believe content hosted in the Services infringes your copyright, send a DMCA notice to:

AfterHours AI, Inc.

Attn: Copyright Agent

Email: support@shopducky.com

Mailing Address: 2261 Market St, STE 85717, San Francisco, CA 94114

Include:

  • your signature;

  • identification of the copyrighted work;

  • identification and location of the allegedly infringing material;

  • your contact information;

  • a statement of good faith belief the use is unauthorized; and

  • a statement under penalty of perjury that the notice is accurate and you are authorized to act.

We may remove content and terminate repeat infringers where appropriate.

17. Dispute Resolution; Arbitration; Class Action Waiver (U.S.)

Arbitration notice (U.S. users): These Terms include an arbitration agreement and class action waiver.

Informal resolution first

Before arbitration, you agree to contact us and attempt in good faith to resolve the dispute.

Arbitration

Any dispute arising out of or relating to the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its rules, except:

  • claims that qualify for small claims court; and

  • claims seeking injunctive relief for unauthorized access or intellectual property infringement.

Class action waiver

Disputes must be brought individually, not as a class or representative action.

Opt-out

If you are an individual, you may opt out within 30 days of first use by emailing support@shopducky.com with subject “Arbitration Opt-Out” and your account email.

18. Miscellaneous

Governing law: Delaware law, excluding conflict-of-law rules.

Entire agreement: These Terms plus the Privacy Policy and any order form constitute the entire agreement.

Severability: If a provision is unenforceable, the remainder remains in effect.

No waiver: Failure to enforce is not a waiver.

Export: You will comply with export control laws.

19. App Store Terms (if applicable)

If you access the Services via an app store, additional store terms may apply. Store operators are not parties to these Terms and do not provide support.

20. Contact

AfterHours AI, Inc. (ShopDucky)

Email: support@shopducky.com

Mailing Address: 2261 Market St, STE 85717, San Francisco, CA 94114