1. About these Terms

These Terms of Service ("Terms") govern your use of services provided by Lucky Duck Productions LLC ("Lucky Duck," "we," "us," or "our"), an Oregon limited liability company located in Klamath Falls, Oregon, USA.

By engaging Lucky Duck for services or by purchasing products from us, you ("Client" or "you") agree to these Terms. If you do not agree, please do not use our services.

These Terms apply to all services and products Lucky Duck provides, including but not limited to:

• DuckBot appliance setup, deployment, and ongoing managed service (hardware + software bundle)
• Clawdio-Pro on the Cloud — cloud-hosted instances of the Clawdio-Pro software that powers DuckBot, delivered without client-side hardware
• Web hosting, domain registration, and web development
• Email hosting and email migration services
• Marketing services, brand identity development, print and digital advertising
• Zoho Setup, customization, and ongoing managed operations services
• Hardware resale and OS migration / install services
• Any other product or service offered by Lucky Duck

2. Services and deliverables

Specific services, deliverables, timelines, and prices are set forth in individual agreements, statements of work, quotes, or invoices ("Service Agreement"). The Service Agreement together with these Terms constitutes the complete agreement between Lucky Duck and the Client for the services described therein. In case of conflict between the Service Agreement and these Terms, the Service Agreement controls.

For ongoing or recurring services (including DuckBot Monthly Service, Clawdio-Pro on the Cloud, web hosting, email hosting, and managed operations), services continue month-to-month unless otherwise specified in the Service Agreement, with monthly billing on the anniversary of service start.

3. Fees and payment

• All fees are stated in U.S. dollars and are exclusive of any applicable sales, use, VAT, or similar taxes (which the Client is responsible for).
• Invoices are payable per the terms stated on each invoice (typically Net 15 or Net 30 from invoice date).
• Online payment is processed through Zoho Payments and/or other payment processors authorized by Lucky Duck. By submitting payment information through these processors, you agree to their terms and conditions in addition to ours.
• Late payments may incur a service fee of 1.5% per month (or the maximum allowed by Oregon law, whichever is less). Lucky Duck reserves the right to suspend services on overdue accounts after written notice.
• Recurring services: Client may cancel future renewals with 30 days written notice. See Section 4 for refund and cancellation details.

4. Refunds and cancellation

See our Refund and Cancellation Policy for details specific to each service category, including DuckBot setup fees, monthly service refunds, hosting cancellation, and hardware returns.

5. Client responsibilities

You agree to:

• Provide timely, accurate information needed for Lucky Duck to perform services
• Authorize and approve work as required (e.g., sending of client-facing emails, deployment of paid advertising)
• Maintain access credentials securely (DuckBot access, Clawdio-Pro on the Cloud logins, Zoho One user logins, hosting accounts)
• Not use Lucky Duck services for unlawful, fraudulent, or harmful purposes
• Comply with all applicable laws and the terms of any third-party services you use through Lucky Duck (Zoho, Google, Meta, Stripe, etc.)

6. Intellectual property

• Client IP: Content, brand assets, and data you provide remain yours.
• Lucky Duck IP: Lucky Duck retains rights to its tools, templates, methodologies, and source code — including the Clawdio-Pro software platform that powers DuckBot — and all proprietary materials developed prior to or independently of the engagement.
• Deliverables: Final deliverables produced specifically for the Client are licensed to the Client for the Client's business use upon full payment of the invoice covering those deliverables. Lucky Duck retains the right to display non-confidential deliverables in its portfolio unless the Service Agreement states otherwise.

7. Confidentiality

Both parties agree to keep confidential any information designated as confidential or that a reasonable person would consider confidential. This obligation survives termination of the engagement.

8. Limitation of liability

To the maximum extent permitted by Oregon law:

• Lucky Duck's aggregate liability for any claim arising out of services is limited to the fees actually paid by Client to Lucky Duck for the specific services giving rise to the claim within the 12 months preceding the claim.
• Lucky Duck is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, or business interruption.
• Lucky Duck is not liable for the actions, omissions, outages, or failures of third-party services (Zoho, Google, Meta, Stripe, ISP providers, hosting backbone, etc.).
• Services are provided "as is" and "as available." Lucky Duck makes no warranties beyond those required by Oregon law.

9. Termination

Either party may terminate an engagement with 30 days written notice unless a different term is specified in the Service Agreement. Upon termination:

• Client pays for all services rendered up to the effective termination date
• Lucky Duck delivers any work-in-progress assets the Client has paid for
• Recurring services end at the next billing anniversary after the 30-day notice period

Lucky Duck may terminate immediately for material breach by Client (including non-payment beyond 60 days, breach of confidentiality, or unlawful use).

10. Text messaging (SMS) program

What we send. If you provide your mobile number and agree to be contacted by text, Lucky Duck Productions LLC may send you SMS messages about the work we are doing for you: appointment and meeting confirmations and reminders, project and service updates, account, invoice, and renewal notices, and replies to questions you send us. This is a customer-service and account-notification program, not a marketing blast list.

How you opt in. You give consent by providing your mobile number and agreeing to text contact — when booking a meeting with us, on a service agreement or intake form, or by asking us to reach you by text. Consent to receive texts is never a condition of purchasing any product or service.

Message frequency. Message frequency varies depending on the work in progress and your account activity.

Cost. Message and data rates may apply. Lucky Duck does not charge for these messages; your mobile carrier's standard rates apply.

Opting out. Reply STOP to any message to stop receiving texts. You will receive one confirmation message and no further texts unless you opt in again. Opting out does not affect any other service we provide.

Help. Reply HELP for assistance, or contact us at troymiller@luckyduckproductionsllc.com or (541) 205-3750.

Carriers. Carriers are not liable for delayed or undelivered messages. Message delivery is subject to carrier availability.

Privacy. Mobile numbers and consent records are handled as described in our Privacy Policy. No mobile information is shared with third parties or affiliates for marketing or promotional purposes, and text messaging originator opt-in data and consent are not shared with any third parties.

11. Governing law and disputes

These Terms are governed by the laws of the State of Oregon. Any dispute will be resolved by good-faith negotiation first; if negotiation fails, by mediation in Klamath County, Oregon; if mediation fails, by binding arbitration in Klamath County, Oregon under Oregon arbitration rules.

12. Changes to these Terms

We may update these Terms from time to time. Material changes will be posted on this page with a revised "Last updated" date. For ongoing services, we will provide reasonable advance notice of material changes via email to the Client's primary contact.

13. Contact

Questions about these Terms? Contact us:

Lucky Duck Productions LLC
5416 Running Y Rd., Suite D
Klamath Falls, OR 97601
Email: support@luckyduckproductionsllc.com
Phone: (541) 205-3750

Lucky Duck Productions LLC recommends having any commercial terms reviewed by qualified legal counsel before relying on them for material business decisions.