Terms of Service

nybiennialfilings.com is operated by Fire Up LLC, a New York limited liability company located at 3001 Shore Parkway, Brooklyn, NY 11235, doing business as NY Biennial Filings ("we", "us", "our"). By using this website or ordering our service you ("you", "your") agree to these Terms of Service. If you do not agree, do not use the service.

Fire Up LLC is not a law firm, is not a licensed attorney, and does not practice law. No attorney-client relationship is created by your use of this website or our service, and no communication between you and us is protected by attorney-client privilege.

We provide a document preparation and transmission service. We do not review your legal circumstances, we do not advise you on whether you are required to file, what entity type you should be, what information you should report, or what the legal consequences of a filing are. Any general information on this website is provided for convenience only and is not legal, tax, or financial advice. If you need legal advice, consult a licensed New York attorney.

We are not affiliated with, endorsed by, or acting on behalf of the New York Department of State or any government agency. The Biennial Statement filing we perform is also available directly from the State at dos.ny.gov, where you may pay the $9 State fee yourself without a service charge. You are free to file on your own at any time.

By submitting an order you represent and warrant that:

• You are at least 18 years old and legally able to enter into this agreement;
• You are an owner, officer, member, manager, or otherwise duly authorized person of the business entity named in your order, and you have authority to sign and authorize this filing on its behalf;
• All information you provide is true, accurate, current and complete, and you will promptly tell us if anything is wrong or changes before the filing is transmitted;
• You are not using our service for any unlawful purpose, or to make a filing for an entity you have no authority over.

You are the filer of record. We act solely as your agent in preparing and transmitting the filing you authorize. The certification you sign is your certification, not ours.

We look up your entity in New York's public business records, prepare your Biennial Statement from the information you supply, transmit it to the Department of State, pay the $9 State fee on your behalf, and email you the State's confirmation.

We do not independently verify the accuracy of information you supply beyond that public-records lookup. We do not guarantee that the State will accept any filing, and we do not control the State's systems, processing times, or decisions. Any timeframe we mention (for example "within 24 hours") is our target for transmitting your filing, not a guarantee of State acceptance or of any particular outcome.

Our fee is $79 flat per filing, which includes the $9 New York State filing fee. Payment is processed by Stripe; we never receive or store your full card number. Prices may change, but the price shown at the time you order is the price you pay for that order.

Refunds are governed by our Refund Policy, which forms part of these Terms. In summary: a full refund before we transmit your filing; after transmission the $9 State fee is not refundable because the State has already been paid.

You consent to do business with us electronically. You agree that typing your full legal name in our form is your electronic signature, that it has the same legal effect as a handwritten signature under the federal E-SIGN Act and New York's Electronic Signatures and Records Act, and that our records of your submission are admissible evidence of it.

You consent to receive service-related emails from us at the address you provide. You may unsubscribe from marketing email at any time; we will still send you messages necessary to complete a filing you ordered.

THE SERVICE AND THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the website will be uninterrupted or error-free, or that business data obtained from public records is complete or current.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US FOR THE FILING GIVING RISE TO THE CLAIM.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS, LOST DATA, PENALTIES, INTEREST, LOSS OF GOOD STANDING, OR ANY GOVERNMENT FEE OR PENALTY ASSESSED AGAINST YOU, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you. Nothing in these Terms limits liability for fraud or for any liability that cannot lawfully be limited.

You agree to indemnify, defend and hold harmless Fire Up LLC, its members, officers, employees and agents from and against any claim, demand, loss, liability, penalty, cost or expense (including reasonable attorneys' fees) arising out of or relating to: (a) information you supplied that was inaccurate, incomplete or misleading; (b) your lack of authority to authorize a filing; (c) your breach of these Terms; or (d) your violation of any law or the rights of any third party.

We rely on third parties including Stripe (payments), Netlify (hosting), Google (analytics), our email provider, and New York State's Open Data portal and filing systems. Their acts, outages and policies are outside our control, and we are not responsible for them.

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

(a) Informal resolution first. Before starting any formal proceeding, you agree to email us at connect@fireup-llc.com describing the dispute and to give us 30 days to resolve it. Most problems are fixed this way.

(b) Arbitration. If we cannot resolve it, any dispute, claim or controversy arising out of or relating to these Terms or the service shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, seated in Kings County, New York, or by telephone or video at your election. Judgment on the award may be entered in any court of competent jurisdiction.

(c) Class action waiver. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

(d) Small claims. Either party may bring an individual claim in small claims court instead of arbitration, if it qualifies.

(e) Your right to opt out. You may reject this arbitration agreement by emailing connect@fireup-llc.com with the subject line "Arbitration Opt-Out", stating your name and order details, within 30 days of your first order. Opting out does not affect any other part of these Terms, and will not affect your service in any way.

(f) Survival. This section survives termination. If the class action waiver is found unenforceable as to a particular claim, that claim shall proceed in court and the rest of this section still applies to all other claims.

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. For any matter not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Kings County, New York.

We may update these Terms. The version in effect when you place an order governs that order. Material changes will be reflected in the "last updated" date at the top of this page. Continued use after an update means you accept the revised Terms.

If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger or sale of the business. We are not liable for delays caused by events beyond our reasonable control. These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between us regarding the service.

Fire Up LLC d/b/a NY Biennial Filings
3001 Shore Parkway, Brooklyn, NY 11235
Email: connect@fireup-llc.com
Telegram: @fireup_llc