Terms of Service
Effective May 10, 2026
The Midnight Founder ("we," "us," "our") is a business formation platform that helps individuals form LLCs and other business entities across all 50 U.S. states. We prepare and submit formation documents to the relevant state agency on your behalf.
We are not a law firm and do not provide legal, tax, or financial advice. If you require legal counsel regarding your business structure, we recommend consulting a licensed attorney.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate, current, and complete information when creating your account and filing your formation documents. Inaccurate filings may be rejected by the state or result in fees for corrections.
Our service fee is $0. You pay only the mandatory state filing fee, which varies by state and entity type. State fees are non-refundable once submitted to the state — they are collected by the government, not by us.
Payment is processed securely by Stripe. By completing a payment, you authorize us to submit the applicable state filing fee on your behalf.
You may request a full refund at any time before your formation documents have been submitted to the state. As a default, we hold orders placed outside business hours for a short grace period before submitting them, so you have a reasonable window to cancel. Once filing has been initiated, the state filing fee cannot be recovered and refunds are not available for that portion of your order — the state collects that fee, not us.
To request a refund, reply to your order-confirmation email or write to info@themidnightfounder.com. We will confirm whether your filing has been submitted before processing.
Formation timelines vary by state. Some states approve filings same-day; others may take several weeks. We will communicate your filing status through your dashboard and by email. We are not responsible for delays caused by state agencies.
To the fullest extent permitted by law, The Midnight Founder shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service. Our total liability to you for any claim arising from these terms or your use of the service shall not exceed the amount you paid us in the 12 months preceding the claim.
All content, design, and software on this platform is owned by The Midnight Founder and protected by copyright. You may not copy, reproduce, or redistribute any part of the platform without written permission.
We reserve the right to suspend or terminate your account for violation of these terms. You may delete your account at any time by contacting us.
The Federal Arbitration Act governs Section 11 (Arbitration). Apart from Section 11, these Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Subject to Section 11, any disputes not subject to arbitration shall be resolved in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction in those courts.
Please read carefully. This section affects your legal rights, including your right to a jury trial and to participate in a class action.
Any dispute, claim, or controversy arising out of or relating to these Terms, the service, or any communication between you and us — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved through individual binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitrator's award will be final and may be entered as a judgment in any court of competent jurisdiction.
You and we each waive any right to bring or participate in a class, collective, mass, consolidated, or representative action against the other.The arbitrator may not consolidate more than one person's claims or preside over any form of class proceeding. If a court of competent jurisdiction finds this waiver unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed from arbitration and may proceed in court; the remainder of this Section 11 survives.
Either party may bring an individual claim in a small-claims court in their county of residence so long as the action remains in that court and is brought on an individual (not class or representative) basis.
Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights, prevent unauthorized access to the service, or stop ongoing breach of confidentiality obligations.
You may opt out of this arbitration agreement by emailing info@themidnightfounder.comwithin 30 days of first creating your account, with the subject line “Arbitration Opt-Out” and the email address on your account in the body. Opting out has no effect on the rest of these Terms.
If you bring an individual claim of $10,000 or less, we will pay all AAA filing, administrative, and arbitrator fees other than the small initial filing fee, if any. For larger claims, AAA's Consumer Arbitration Rules govern fee allocation. Each party pays its own attorneys' fees unless the arbitrator awards otherwise under applicable law.
Arbitration will be conducted in New York County, New York. Either party may elect to participate by video conference. The arbitrator may award any individual relief that a court could.
This Section 11 survives termination of your account or these Terms.
We may update these terms from time to time. We will notify you of material changes by email or by posting a notice on the platform. Changes to Section 11 (Arbitration) do not apply retroactively to disputes already filed. Continued use of the service after changes take effect constitutes acceptance of the updated terms.
Questions about these terms? Email us at info@themidnightfounder.com.