Effective Date: October 2025
Last Updated: October 2025
These Terms and Conditions ("Terms") govern your access to and use of the websites, products, and services provided by 1719 Solutions Inc. ("1719 Solutions", "we", "us", or "our"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our services.
30 N Gould St #25313
Sheridan, WY, 82801, USA
Definitions. "Services" means our websites, Shopify applications, integrations, features, and related support. "Integrations" means connections with third-party platforms and providers (for example, Shopify and messaging carriers/providers such as Twilio). "SMS Messages" means text messages (including MMS) sent or received via the Services.
You represent and warrant that you have the legal authority to enter into these Terms. If you create an account or use our services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and "you" refers to that organization.
You agree to use the Services only for lawful purposes and in accordance with these Terms, applicable documentation, and usage limits. Without limiting the foregoing, you will not (and will not permit any third party to): reverse engineer the Services (except as permitted by law); bypass or attempt to bypass security or usage controls; or use the Services in a way that infringes, violates, or misappropriates the rights of others or violates law.
Acceptable Use; Messaging. You are responsible for the content and sending of SMS Messages through the Services, including obtaining and maintaining all necessary consents and permissions. Without limiting the foregoing, when using the Services to send SMS or other mobile messages (including via toll‑free or dedicated numbers) you will: (a) obtain clear, voluntary opt‑in from each recipient; (b) include STOP and HELP instructions in each message; (c) honor opt‑out requests promptly; (d) not send unsolicited marketing or spam‑type messages; (e) retain records of consent and message history as required by applicable law and/or the carriers; and (f) comply with all applicable laws, industry standards, and mobile operator requirements in each jurisdiction where messages are sent. We reserve the right to monitor message traffic, and to suspend or terminate your account for violations or elevated risk of non‑compliance, and you will indemnify us for any claims, fines, or liability arising from your non‑compliant messaging.
We and our licensors own all right, title, and interest in and to the services, including all software, content, technology, and documentation, and all related intellectual property rights. Except for the limited rights expressly granted to you under these Terms, we do not grant any licenses or rights, whether by implication or otherwise.
The Services integrate with or rely on third‑party platforms, APIs, and carriers (for example, Shopify, Twilio, and mobile network operators). We make no guarantee of their performance or availability. You are responsible for maintaining your accounts, service terms, configurations, and compliance with such third parties. We shall not be liable for any interruption, restriction, or failure caused by such third parties. Your use of third‑party services is governed by those third parties’ terms, not these Terms.
If applicable, you agree to pay all fees and charges for the services in accordance with the pricing and billing terms presented to you. Fees are non-refundable unless expressly stated otherwise. You are responsible for all applicable taxes, duties, and governmental charges associated with your purchase, other than taxes based on our income.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. 1719 SOLUTIONS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL 1719 SOLUTIONS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $100. WITHOUT LIMITING THE FOREGOING, WE ARE NOT LIABLE FOR FAILURES, INTERRUPTIONS, OR ERRORS CAUSED BY THIRD‑PARTY SERVICES, NETWORKS, CARRIERS, OR PROVIDERS OUTSIDE OUR REASONABLE CONTROL.
Force Majeure. We will not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, internet or telecommunications failures, labor disputes, governmental actions, or other events of force majeure. Our performance will be excused for the duration of the event and for a reasonable period afterward to allow for resumption of normal operations.
You will defend, indemnify, and hold harmless 1719 Solutions and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Services (including SMS Messages you send), (b) your violation of these Terms or any applicable law (including messaging and anti‑spam laws), (c) your violation of third‑party terms or rights, and (d) any claim that your data, content, or messaging practices infringe or violate the rights of any person or entity.
We may suspend or terminate your access to the Services at any time if we believe you have violated these Terms, pose a security or legal risk, or for any other reason as permitted by law. Upon termination, your right to use the Services will immediately cease, but the provisions that by their nature should survive termination will survive, including Sections 3–8, 10–13. Any fees owed and not paid will become immediately due. Following termination or account closure, we may retain or delete your data in accordance with our Privacy Policy and applicable law; you are responsible for exporting any data you wish to retain prior to termination where feasible.
We may modify or discontinue the Services (in whole or in part) at any time. We may revise these Terms from time to time. If we make material changes, we will provide you with notice (for example, by email or through an in‑product notice) at least fourteen (14) days before the changes become effective and update the "Last Updated" date above. Your continued use of the Services after the effective date will constitute acceptance of the revised Terms.
These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Denver County, Colorado, for any disputes arising out of or relating to these Terms or the services.
You agree to comply with all applicable export control and trade sanctions laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any embargoed country or listed on any prohibited party list.
These Terms constitute the entire agreement between you and 1719 Solutions regarding the services and supersede all prior or contemporaneous agreements on the subject matter. If any provision is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. You may not assign these Terms without our prior written consent; we may assign these Terms without restriction. No waiver will be effective unless in writing and signed by an authorized representative.
Questions? Contact us at brian@1719solutions.com.