Terms of Service
Effective Date: July 16, 2026 Last Updated: July 16, 2026
These Terms of Service ("Terms") govern access to and use of the Members Only platform ("Members Only," "Platform," "we," "us," "our"), operated by LE 589X LLC. Members Only is a Shopify-integrated application that enables Merchants to create Membership groups, time-limited product releases ("Drops"), and to send SMS and email communications to their customers ("Members").
These Terms apply to both Merchants (businesses using the Platform to manage Memberships and Drops) and Members (end customers who receive communications through the Platform). Sections apply to both roles unless otherwise noted.
By installing Members Only, accessing the Platform, or receiving a message sent through the Platform, you agree to be bound by these Terms.
1. Description of Service
Members Only allows a Merchant to:
- Create and manage exclusive Membership groups composed of the Merchant's Shopify customers
- Create "Drops" — time-limited or access-restricted releases of one or more Shopify products, or a custom URL destination
- Automatically generate a Drop landing page with configurable access modes: Unlimited, Countdown, or View Once
- Communicate with Members about Drops via SMS and email
Shopify remains the system of record for Customer and Product data. Members Only owns and manages Membership, Drop, Landing Page, and Messaging data built on top of that Shopify data.
2. Merchant Obligations
As a Merchant using Members Only, you agree that:
2.1. You have all necessary rights, consents, and legal basis to provide Members Only with access to your Shopify customer data for the purpose of Membership and messaging features.
2.2. You are solely responsible for the content of any Drop, landing page, or message you configure and send, including its legality, accuracy, and compliance with applicable advertising, consumer protection, and marketing laws.
2.3. You will not use the Platform to send unsolicited messages to any individual who has not validly consented to receive them, and you will maintain your own records of consent, particularly for any contact added manually rather than through a Shopify checkout opt-in or Drop landing page signup.
2.4. You will honor all opt-out requests (e.g., STOP) promptly and will not attempt to re-add or re-message a Member who has opted out, except as permitted by law and with renewed consent.
2.5. You will not use the Platform to send messages that are false, misleading, harassing, obscene, threatening, or otherwise unlawful.
3. Member Terms
As a Member (recipient of Merchant communications through the Platform), you acknowledge that:
3.1. Your relationship for purposes of the underlying purchase, product, and customer service is with the Merchant, not with Members Only directly. Members Only provides the technical infrastructure that enables the Merchant's communications and Drop access.
3.2. Access to Drop landing pages may be restricted based on the access mode set by the Merchant (Unlimited, Countdown, or View Once), and Members Only is not responsible for a Merchant's choice of access restrictions.
3.3. You may stop receiving SMS messages from a Merchant at any time as described in Section 4 below.
4. SMS Messaging Terms
This section governs all SMS/text communications sent through the Members Only platform and applies to both Merchants (as senders, through their configuration of the Platform) and Members (as recipients).
4.1 Consent to Receive Messages
A Member may be enrolled to receive SMS messages from a Merchant through one of the following methods:
- Checkout opt-in: an affirmative consent checkbox at Shopify checkout;
- Landing page signup: a Member directly submits their phone number through a Drop landing page signup form, after being shown consent language describing message purpose and frequency;
- Merchant-added: a Merchant manually enters a Member's phone number into the Platform. Merchants must have obtained valid, documented consent independent of the Platform before doing so, consistent with the Telephone Consumer Protection Act (TCPA) and CTIA Messaging Principles and Best Practices.
No mobile phone number collected for SMS purposes will be shared with third parties or affiliates for marketing purposes.
4.2 Message Frequency and Cost
Message frequency varies depending on the Merchant's Drop activity and will be disclosed at the point of opt-in. Message and data rates may apply, as determined by the Member's mobile carrier.
4.3 Opt-Out and Help
A Member may opt out of SMS messages from a given Merchant at any time by replying STOP to any message received. After opting out, the Member will receive one final confirmation message and no further messages from that Merchant, unless they re-subscribe with new affirmative consent.
A Member may reply HELP to any message to receive support contact information.
Opt-out and opt-in status are maintained on a per-Merchant basis. Opting out of messages from one Merchant on the Platform does not affect messages from a different, unrelated Merchant also using the Platform.
4.4 Supported Carriers
Carriers are not liable for delayed or undelivered messages. Participating carriers may change over time without notice.
4.5 Prohibited Message Content
Messages sent through the Platform may not contain content that is unlawful, deceptive, sexually explicit, hateful, or that promotes illegal activity. Members Only reserves the right to suspend a Merchant's messaging privileges for violation of this section or applicable law.
4A. Fees and Billing
Members Only offers a free plan and paid plans (currently Starter and Growth). Paid plans are billed through Shopify's billing system and appear on the Merchant's regular Shopify invoice. New Merchants may receive a free trial; after the trial, a Merchant remains on the free plan unless they approve a paid subscription. Merchants may cancel a paid plan at any time through their Shopify admin; fees already billed are non-refundable except where required by law. Plan features and prices may change with notice.
5. Intellectual Property
The Members Only Platform, including its software, design, and branding, is owned by LE 589X LLC. Merchants retain ownership of their own store content, product data, and message copy configured within the Platform.
6. Third-Party Services
The Platform relies on third-party services, including Shopify (customer/product data and OAuth), Twilio (SMS delivery), and email delivery providers. Use of the Platform is also subject to the applicable terms of these third parties where relevant to the Merchant's own accounts with them.
7. Disclaimers
The Platform is provided "as is" without warranties of any kind, express or implied. We do not guarantee uninterrupted or error-free operation, or that all messages will be delivered, as delivery depends in part on third-party carriers and providers outside our control.
8. Limitation of Liability
To the maximum extent permitted by law, Members Only and LE 589X LLC shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from use of the Platform, including damages arising from a Merchant's failure to obtain valid consent for messaging.
9. Termination
We may suspend or terminate a Merchant's access to the Platform at any time for violation of these Terms, including violations related to SMS consent or prohibited content.
10. Changes to These Terms
We may update these Terms from time to time. Material changes will be reflected by updating the "Last Updated" date above. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.
11. Contact Us
Members Only is operated by LE 589X LLC.
Email: support@memberson.ly Address: 1401 21st ST STE R, Sacramento, CA 95811, US