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Terms of Service

Last Updated: 2026 October 1

1. Definitions

  • "Service" = US LLC formation, EIN procurement, Stripe onboarding.
  • "Client" = Purchaser of BizBirth services.

2. Service Scope

2.1 BizBirth provides: Preparation/submission of state LLC filings, IRS EIN acquisition, Stripe account facilitation, and registered agent services (if purchased).

2.2 Not Included: Legal/tax advice (unless explicitly stated) and guaranteed approval by third parties (banks, Stripe, etc.).

3. Client Obligations

Client must provide accurate, complete documentation, respond to compliance requests within 48 hours, and verify eligibility for services.

4. Fees & Payments

All fees are non-refundable except under Refund Policy. Chargebacks result in immediate service suspension.

5. Refund Policy

Refunds are governed by our Refund Policy, which forms part of these Terms. This includes our Formation Refund Promise: if the state rejects your company formation filing, we refund your formation order in full, unless the rejection is caused by inaccurate or incomplete information or documents you provided.

Non-Refundable Scenarios: Delays by government agencies (including the IRS and state offices), decisions by banks and payment processors, and client-provided inaccuracies, except as stated in the Refund Policy. Government processing delays do not count toward any refund timeframe.

6. Limitation of Liability

Maximum liability = Total fees paid for affected service. BizBirth is not liable for third-party service interruptions, client's tax/legal compliance, or financial losses from payment processor decisions.

7. Trademark Services

7.1 What is included in every paid filing: Every paid trademark application includes a Comprehensive Trademark Search, carried out before filing by our partner firm. It checks the official registers, public web use, and similar marks class by class. You receive the written result and the full price before you pay anything.

The Free Conflict Check is a different service. It is a preliminary check of the official registers only. It is free, carries no obligation, and does not carry the refile guarantee set out below. It exists so you can find out whether your name is worth pursuing before you spend anything.

7.2 Refile guarantee: If your Comprehensive Search result states that your mark is clear to file, and the trademark office then refuses your application because of a mark the report did not list, we will file one new application for you and waive the professional fee. Same mark or a new name, your choice, in the same classes.

All of the following must be true:

  • The Comprehensive Search result said your mark was clear to file
  • You instructed us to file, and the application was filed with the trademark office
  • The refusal was based on a mark the report did not list
  • You claim within 6 months of the final refusal

What you would still pay: the trademark office's official fee for the new application. Government fees are set by the trademark office and are never refundable, by us or by anyone. Additional classes beyond the original filing are charged at the standard rate.

This guarantee does not cover:

  • Refusals on any ground other than a conflicting mark, including descriptiveness, an unclear description of goods or services, or a specimen problem
  • A risk we flagged before filing where you chose to proceed anyway
  • Third-party oppositions after publication, which are a separate proceeding
  • Inaccurate or incomplete information, a change to your mark or goods after filing, abandonment, or a missed deadline where you chose not to instruct us to respond
  • Applications filed on the Free Conflict Check alone

One waived-fee refile per original application. A refusal of the second application does not carry a further free refile.

7.3 We do not guarantee registration. The trademark office examines and decides every application. No firm controls that decision. We provide the work: a careful search, a properly prepared filing, and, where a mark we cleared is refused, the professional work to file again without our fee.

7.4 Scope: BizBirth facilitates trademark applications through a partner firm. Your application is filed by a licensed attorney or agent who acts as counsel of record in the relevant jurisdiction. BizBirth does not provide legal advice.