Welcome to FBARFiling. These Terms of Service (“TOS” or “Agreement”) govern your access to and use of this website, including all content, features, tools, resources, and services offered on or through FBARFiling (collectively, the “Services”). By accessing, browsing, or using the Services in any manner, you (“User,” “you,” or “your”) agree to be legally bound by these TOS in their entirety. Your use of the Services constitutes your electronic acceptance of these terms, which has the same legal effect as a handwritten signature. If you do not agree to every provision herein, you must not access or use the Services.
You must be at least 18 years of age—or possess the legal capacity to enter into this Agreement—to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.
- Nature and Scope of Services
FBARFiling provides information, resources, and assistance related to the preparation and e-filing of the Foreign Bank Account Report (“FBAR”), typically required by the Financial Crimes Enforcement Network (“FinCEN”) under applicable U.S. law. The Services may include educational content, document-preparation tools, and mechanisms to submit FBAR filings to FinCEN or other relevant authorities.
No Professional Advice. All Services are offered solely for informational and administrative support. FBARFiling is not a law firm, accounting firm, or any other type of professional services provider. Nothing on this website or through our Services constitutes legal, tax, financial, or other professional advice. You bear full responsibility for your use of the Services, including compliance with all applicable laws, rules, and regulations.
No Government Affiliation. FBARFiling is a private entity and is not affiliated with, endorsed by, or operated by the U.S. government, FinCEN, the Internal Revenue Service (“IRS”), or any other governmental or regulatory agency. References to government entities or regulations are provided strictly for informational purposes.
- User Obligations and Responsibilities
By using the Services, you agree to the following obligations:
2.1 Accuracy and Completeness
You must provide accurate, current, and complete information when interacting with the Services, including any data submitted for FBAR filings or related documents. FBARFiling is not responsible for errors, omissions, or consequences arising from inaccurate or incomplete information you provide.
2.2 Lawful Use
You shall use the Services only for lawful purposes and in strict compliance with all applicable federal, state, local, and international laws, regulations, and ordinances. Any illegal use of the Services is expressly prohibited, including but not limited to fraud, money laundering, or misrepresentation.
2.3 Security and Integrity
You agree not to:
Attempt to gain unauthorized access to any portion of the Services or related systems, networks, or databases, whether through hacking, phishing, password mining, or other means.
Introduce viruses, malware, worms, Trojan horses, or other harmful code that could disrupt, damage, or impair the Services or any user’s experience.
Circumvent, disable, or interfere with security-related features (e.g., encryption, authentication protocols).
2.4 Non-Interference
You shall not engage in any activity that could overburden, disable, or impair the Services or interfere with other users’ ability to access or enjoy them, including denial-of-service attacks, spamming, or excessive automated requests.
2.5 Prohibited Conduct
You are prohibited from:
Using automated tools (e.g., bots, scrapers) to extract data from the Services without prior written consent.
Reverse-engineering, decompiling, or disassembling any software or code underlying the Services.
Impersonating any person or entity, including FBARFiling staff or representatives, or misrepresenting your affiliation with any party.
Engaging in harassing, abusive, or threatening behavior toward other users or our personnel.
2.6 Consequences of Non-Compliance
Failure to adhere to these obligations may result in immediate suspension or termination of your access to the Services, without notice or refund, and may expose you to legal liability.
- Disclaimers of Warranties and Representations
To limit liability and clarify the scope of responsibilities, the Services are provided with the following disclaimers:
3.1 “As Is” and “As Available” Basis
The Services are provided “as is” and “as available,” without any warranties or guarantees, whether express, implied, statutory, or otherwise. This includes warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Services will meet your needs, expectations, or requirements, or that they will achieve any specific outcomes (including successful FBAR filings).
3.2 No Guarantee of Functionality
We do not warrant that the Services will be uninterrupted, timely, secure, or free from errors, bugs, viruses, or other defects. You assume all risks associated with accessing the Services.
3.3 Accuracy and Reliability of Information
While we strive to provide accurate and current information, we make no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of any content, data, or materials available through the Services. You are solely responsible for independently verifying any information before acting on it.
3.4 Legal and Compliance Responsibility
You bear full responsibility for ensuring that your use of the Services complies with all applicable laws, regulations, and filing requirements. We do not guarantee that the Services will satisfy any legal obligations or prevent penalties, fines, or other consequences arising from non-compliance.
3.5 Third-Party Links and Resources
The Services may include hyperlinks or references to third-party websites, services, or resources. We do not control, endorse, or assume responsibility for the availability, accuracy, content, privacy practices, or legality of these third-party offerings.
3.6 No Professional Advice
The Services are not a substitute for professional advice. Information provided through the website is for general informational purposes only and does not constitute legal, financial, tax, or other professional guidance. You should consult a qualified attorney, accountant, or other expert for advice tailored to your specific circumstances.
- Limitation of Liability
To the maximum extent permitted by law, FBARFiling, its owners, officers, directors, employees, agents, affiliates, successors, and assigns shall not be liable for any damages, losses, or injuries arising from or related to your use of the Services.
4.1 Types of Damages Excluded
We expressly disclaim liability for:
Direct, indirect, incidental, special, consequential, exemplary, or punitive damages.
Loss of profits, revenue, business opportunities, goodwill, data, or other tangible or intangible assets.
Costs of procuring substitute services or goods.
Emotional distress, physical harm, or property damage.
4.2 Specific Scenarios
We are not liable for:
Errors, omissions, or inaccuracies in the content or information provided.
Losses or damages resulting from your reliance on the Services.
Unauthorized access to or loss of your data, including personal or sensitive information.
Interruptions, delays, or cessation of the Services for any reason.
Actions or inactions of third parties, including government entities or other users.
Delays, rejections, or issues with FBAR filings or related documents processed through the Services.
4.3 Legal Theory and Knowledge
This limitation of liability applies regardless of the legal theory under which a claim is brought (contract, tort, negligence, strict liability, etc.) and even if we have been advised of the possibility of such damages.
4.4 Jurisdictional Limits
In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the fullest extent permitted by law. In no event shall our total aggregate liability exceed the amount you paid us, if any, for the specific use of the Services giving rise to the claim in the six (6) months preceding the event, or $50, whichever is greater.
- Indemnification by User
You agree to indemnify, defend, and hold harmless FBARFiling, its owners, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, lawsuits, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees, expert witness fees, and court costs) arising out of or relating to:
Your access to or use of the Services, including any FBAR or other filings submitted.
Your breach or violation of any provision of these TOS.
Your violation of any applicable laws, regulations, or third-party rights.
Any content, data, or materials you submit, upload, or transmit through the Services.
Any disputes between you and third parties arising from your use of the Services.
You agree to cooperate fully in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- Intellectual Property Rights
6.1 Ownership by FBARFiling
All content, materials, and features of the Services—including but not limited to text, graphics, logos, icons, images, videos, audio, software, code, databases, and design elements—are the exclusive property of FBARFiling or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
6.2 Limited License to Users
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes, subject to these TOS. This license does not permit you to:
Reproduce, distribute, modify, or publicly display any content without our prior written consent.
Use the Services or any content for commercial purposes, including resale.
Remove, alter, or obscure any copyright, trademark, or proprietary notices.
6.3 Infringement Claims
If you believe any content on the Services infringes your intellectual property rights, please contact us at contact@fbarfiling.com with a detailed description of the alleged infringement.
- User Content
7.1 Definition and Responsibility
“User Content” refers to any information, data, documents, or materials you submit through the Services, such as details provided for FBAR filings. You represent and warrant that your User Content is accurate, lawful, and does not infringe any third-party rights (including intellectual property, privacy, or confidentiality rights). You are solely responsible for all User Content you submit and any resulting consequences.
7.2 License to FBARFiling
By submitting User Content, you grant FBARFiling a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, store, process, and display such content as necessary to provide the Services, improve our offerings, and comply with legal or regulatory obligations.
- Payment Terms and Fees
8.1 Applicable Fees
Certain Services (e.g., FBAR document preparation and e-filing) may require payment of fees. By choosing a paid service, you agree to pay all fees specified at the time of purchase. All fees are in U.S. dollars, exclusive of applicable taxes, which you are responsible for unless otherwise stated.
8.2 Payment Methods
Payments must be made using the methods we designate (e.g., credit card, electronic transfer). You authorize us to charge your selected payment method for the applicable fees. We may use third-party payment processors; you agree to abide by their terms of service.
8.3 Refund Policy
Fees are generally non-refundable. If a refund policy is posted on the Website or otherwise provided, such policy controls. No refunds will be issued once an FBAR has been e-filed on your behalf.
8.4 Fee Changes
We may modify our fee structure at any time. Notice of changes will be posted on the Website or communicated via email. Your continued use of the Services after such changes constitutes acceptance of the new fees.
8.5 Late Payments
Failure to pay fees when due may result in suspension or termination of your access to the Services. We reserve the right to pursue collection actions, including charging interest or involving third-party agencies, if applicable.
- Privacy and Data Handling
Your use of the Services is subject to our Privacy Policy, located at https://fbarfiling.com/privacy-policy/ (the “Privacy Policy”), which is incorporated into these TOS by reference. The Privacy Policy outlines how we collect, use, store, disclose, and protect your personal information. By using the Services, you consent to these practices.
While we implement reasonable security measures, we cannot guarantee absolute protection against unauthorized access, breaches, or loss. You provide your information at your own risk and are responsible for complying with any applicable data-protection laws.
- Termination of Access
10.1 Termination by FBARFiling
We may suspend or terminate your access to the Services, in whole or in part, at our sole discretion, with or without notice, for any reason, including but not limited to:
Violation of these TOS
Suspected fraudulent or illegal activity
Non-payment of fees
Protection of our systems or users
Inactivity or abandonment of your account
10.2 Termination by You
You may discontinue use of the Services at any time. If you have an account, you may request termination by contacting us at contact@fbarfiling.com.
10.3 Effects of Termination
Upon termination:
Your right to access and use the Services ends immediately.
We may delete your data or User Content, subject to legal retention obligations.
Any provisions that by their nature should survive termination (e.g., disclaimers, indemnification) will remain in effect.
- Governing Law and Dispute Resolution
11.1 Governing Law
These TOS are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict-of-law principles. Subject to the arbitration provisions below, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Wyoming for any legal proceedings arising out of these TOS or your use of the Services.
11.2 Mandatory Arbitration
Any dispute, controversy, or claim arising out of or relating to these TOS or the Services shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall occur in Wyoming, in English, before a single arbitrator. Both parties will jointly select the arbitrator; if no agreement is reached, AAA will appoint one. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.
11.3 Class Action Waiver
You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against FBARFiling. All disputes must be resolved on an individual basis.
11.4 Costs
Each party shall bear its own costs and attorneys’ fees unless the arbitrator awards otherwise based on applicable law or equity.
11.5 Exceptions
FBARFiling may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information without posting bond or proving actual damages.
11.6 Opt-Out Option
You may opt out of arbitration by sending written notice to contact@fbarfiling.com within 30 days of first accepting these TOS. If you opt out, disputes will be resolved in the courts specified in Section 11.1.
- Changes to These Terms
We reserve the right to modify these TOS at any time at our sole discretion. We will notify you of material changes by posting the updated TOS on this page and revising the “Last Updated” date, or by sending an email if you have provided us with your contact information. Your continued use of the Services after such changes constitute acceptance of the revised terms. It is your responsibility to review these TOS periodically. - Miscellaneous Provisions
13.1 Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these TOS due to events beyond our reasonable control (e.g., natural disasters, war, terrorism, pandemics, government actions, power outages, internet failures).
13.2 Severability
If any provision of these TOS is deemed invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to reflect the parties’ intent as closely as possible, and the remaining provisions shall remain in full force.
13.3 Entire Agreement
These TOS, together with the Privacy Policy and any additional terms expressly incorporated herein, constitute the entire agreement between you and FBARFiling regarding your use of the Services, superseding all prior or contemporaneous agreements.
13.4 No Agency or Partnership
Nothing in these TOS creates an agency, partnership, joint venture, employment, or franchise relationship between you and FBARFiling. You have no authority to bind us in any way.
13.5 Waiver
No waiver of any term or right under these TOS shall be effective unless in writing and signed by an authorized representative of FBARFiling. Our failure to enforce any provision does not constitute a waiver.
13.6 Assignment
You may not assign or transfer your rights or obligations under these TOS without our prior written consent. We may assign or transfer these TOS, in whole or in part, to any affiliate or successor without notice.
13.7 Notices
All notices to us must be sent to contact@fbarfiling.com.
Notices to you may be sent to any email address you provide or posted on the Website.
13.8 Electronic Communications
By using the Services, you consent to receive communications from us electronically, including via email or Website postings. Such communications satisfy any legal requirement that they be in writing.
13.9 Headings
Section headings are for convenience only and do not affect the interpretation of these TOS.
- Contact Information
For questions, concerns, or support regarding these TOS or the Services, please contact us at:
Email: contact@fbarfiling.com
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE.