Terms of Service

Last updated: May 10, 2026

These Terms of Service ("Terms") govern your use of The Midnight Garden LLC ("TMG," "we," "us") websites and the client sites and other small-business properties we operate and manage.

By visiting our websites, submitting a form, or receiving messages from us, you agree to these Terms. If you do not agree, do not use our services.

About Our Service

TMG operates a client-services platform that builds and maintains websites, lead-capture forms, customer-communication automation, and admin tooling for the small businesses we work with. When you contact a business through a TMG-built form, you are reaching that business; we facilitate the contact on their behalf.

Quote Requests

Forms on TMG-managed client websites accept quote requests for the services that business offers. Submitting a request does not constitute a contract; it is a request for a quote that the business will respond to. The business sets its own pricing, scheduling, and service terms; TMG does not.

You agree to provide accurate information when submitting a request. You agree not to submit requests for services you have no intention of using, or use the form to abuse, harass, or impersonate another person.

SMS Messaging Terms

If you opt into SMS messages on a TMG-managed client form by selecting "Text" as your preferred contact method and checking the consent box on the form, you agree to receive SMS messages related to your request. The full SMS terms are described in our Privacy Policy.

• Message frequency: typically 1 to 5 messages per request
• Message and data rates may apply per your carrier plan
• Reply STOP to opt out at any time
• Reply HELP for support
• Mobile carriers are not liable for delayed or undelivered messages
• We do not share or sell your mobile number for third-party marketing

Acceptable Use

• Do not abuse, attack, scrape, or attempt to disrupt our infrastructure or our clients' websites
• Do not impersonate other people or businesses
• Do not submit unlawful, harassing, or fraudulent content
• Do not use our services to send unsolicited communications to third parties
• Do not attempt to circumvent security or authentication on private admin areas

Intellectual Property

Website code, design, and content are the property of TMG or our clients. You may not copy, redistribute, or create derivative works of our materials without permission.

Photos, descriptions, and other content you submit through our forms remain your property. By submitting them, you grant TMG and the relevant client a non-exclusive license to use them for the limited purpose of evaluating and fulfilling your request.

Service "As Is"

Our services are provided as is and as available, without warranties of any kind, express or implied. We do not guarantee uninterrupted service, error-free operation, or that any specific result (such as a job booking, response time, or quote price) will follow from any particular form submission. Specific service-level promises by individual TMG-managed clients (for example, any response-time or service-level promise made on a managed client site) are commitments by that client, made in good faith but subject to operational realities.

Limitation of Liability

To the maximum extent permitted by law, TMG and its officers, agents, and affiliates are not liable for any indirect, incidental, consequential, or punitive damages arising from your use of our services or the services of our managed clients. Our total cumulative liability to any user, for any cause, is limited to one hundred U.S. dollars (US$100).

Indemnification

You agree to indemnify and hold TMG harmless from any claim, demand, or damage arising out of your misuse of our services, your violation of these Terms, or your violation of any third-party right.

Termination

We may suspend or terminate your access to any TMG service at any time, with or without notice, if we believe in good faith you have violated these Terms or applicable law.

Governing Law

These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict-of-law principles. Any dispute arising under these Terms will be resolved in the state or federal courts located in Waukesha County, Wisconsin.

Changes

We may update these Terms from time to time. Material changes will be reflected here with a new "Last updated" date. Continued use of our services after changes constitutes acceptance of the updated Terms.