Terms of Service

These Terms of Service (the "Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FBAR File ("we," "us," or "our"), operated at fbarfile.com.

These Terms govern your access to and use of the FBAR File website, platform, and all related tools, APIs, and services (collectively, the "Services").

By accessing, browsing, or using the Services, creating an account, or initiating any transaction on the FBAR File platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.

FBAR File is not a law firm, CPA firm, enrolled agent, or licensed tax advisor. Our service is a software preparation tool. It does not constitute legal advice, tax advice, or accounting advice. No attorney-client, CPA-client, or fiduciary relationship is created by your use of FBAR File.

By using the Services, you acknowledge that:

• FBAR File's relationship with you is that of a software tool provider, not a professional advisor
• Your filing remains your responsibility — we assist with preparation, not compliance determinations
• FBAR File has no authority to represent you before FinCEN, the IRS, or any government agency

Our platform assists with the mechanical preparation of FinCEN Form 114 and guides you through uploading it to the BSA E-Filing System. We do not:

• Determine whether you are required to file an FBAR
• Advise on the legal consequences of filing or not filing
• Assess the accuracy or completeness of the information you provide
• Provide guidance on penalty abatement, voluntary disclosure, or delinquent filing procedures

You should consult a qualified tax professional or attorney for: delinquent or late filings, Streamlined Filing Compliance Procedures (domestic or foreign), voluntary disclosure, FATCA reporting (Form 8938), tax treaty considerations, filings involving complex entity structures (trusts, estates, partnerships), or any situation where penalties may apply.

The "Do I Need to File?" tool on our website provides general educational guidance only and does not constitute a professional determination of your filing obligations.

The FBAR File platform provides an online software tool that enables users to:

1. Prepare FinCEN Form 114 (Report of Foreign Bank and Financial Accounts, commonly called "FBAR") based on information you provide
2. Generate FinCEN-compliant BSA XML and a PDF receipt in the format required by the BSA E-Filing System
3. Upload guidance — step-by-step instructions for uploading your completed FBAR XML to the BSA E-Filing System
4. Track your BSA tracking ID and filing confirmation
5. AI-assisted data extraction (Smart tier only) — parsing uploaded bank statements to automatically populate account details

FBAR File is a software preparation tool. You upload the generated XML to FinCEN yourself through the BSA E-Filing System. We do not interpret tax law, assess your filing obligations, or advise on compliance strategy.

To access and use the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. You further represent and warrant that you are not barred from using the Services under any applicable law.

To use FBAR File, you must:

• Create a secure account with accurate identification information
• Provide accurate, current, and complete registration information
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breach

You are solely responsible for all activity occurring under your account and for maintaining the security of your account credentials.

By preparing an FBAR through our platform, you represent and warrant that:

1. If filing for yourself: You are the individual whose information (name, SSN/TIN, account details) is being prepared, and all information is accurate and complete to the best of your knowledge.

1. If filing on behalf of another person: You have been duly authorized by the filer (the account holder) to prepare an FBAR on their behalf. This includes, but is not limited to:

• A parent or legal guardian filing for a minor child
• A spouse filing for the other spouse (with consent)
• A person holding a valid power of attorney (IRS Form 2848 or equivalent)
• A legal representative of an estate or trust
• An officer or employee authorized to file for a corporation, partnership, or LLC

FBAR File does not verify your authorization to file on behalf of another person. You bear full responsibility for ensuring proper authorization exists. Filing an FBAR without proper authorization or with false information may constitute a federal crime under 31 U.S.C. § 5322.

You are solely responsible for the accuracy and completeness of all information entered into FBAR File. This includes filer identity, foreign account details, maximum balances, and currency conversion rates (where manually entered).

FBAR File transmits the data you provide to FinCEN without independent verification. We do not audit, cross-reference, or validate the substantive accuracy of your entries against bank records, tax returns, or other documents.

Filing false or misleading information with FinCEN is a federal offense that may result in civil penalties up to $16,536 per non-willful violation or up to $165,353 (or 50% of the account balance) per willful violation, as well as criminal penalties including imprisonment up to 5 years and fines up to $250,000 under 31 U.S.C. § 5322.

FBAR File is not liable for penalties, fines, interest, or legal consequences arising from inaccurate, incomplete, or false information that you provide.

Current pricing (as of May 2026):

• Standard filing: $29 per filing per tax year — includes unlimited foreign accounts, automatic Treasury exchange rate conversion, form preview, FinCEN-ready XML with guided upload, BSA tracking ID and PDF receipt.
• Smart filing: $39 per filing per tax year — includes everything in Standard plus AI-assisted bank statement parsing, intelligent error detection, and suspicious balance flagging.

Payment is collected via Stripe before XML generation. We accept major credit cards, debit cards, and other payment methods supported by Stripe.

Price changes: We may adjust pricing with 30 days' written notice (via email). Existing in-progress filings (status: Draft or Paid) will be honored at the price in effect when payment was made.

Taxes: Prices do not include applicable sales tax or VAT, which will be added where required by law.

We offer refunds under the following circumstances:

Full refund — no questions asked:

• We are unable to generate valid FBAR XML due to a technical failure on our end.
• You request a refund at any time before you upload your filing to FinCEN (status: Draft or Paid).

No refund available:

• Once you have uploaded your filing to FinCEN and entered a BSA tracking ID, the service has been fully rendered and no refund is available.
• FinCEN rejection of your filing due to inaccurate information you provided does not entitle you to a refund, as the preparation service was performed.

How to request a refund: Email support@fbarfile.com with your account email and filing details. Refunds are processed within 5–10 business days to the original payment method.

30-day guarantee: If you are unsatisfied with our service for any reason within 30 days of payment and before uploading to FinCEN, we will issue a full refund.

FBAR File prepares FinCEN Form 114 (FBAR) only. We do not prepare or file:

• IRS Form 8938 (Statement of Specified Foreign Financial Assets) — required under FATCA for assets exceeding higher thresholds ($50,000–$600,000 depending on filing status and residency).
• IRS Form 3520 (Annual Return to Report Transactions with Foreign Trusts)
• IRS Form 5471 (Information Return for US Persons with Respect to Certain Foreign Corporations)
• Any other international information returns

FBAR and FATCA have different thresholds, different filing authorities (FinCEN vs. IRS), and different penalties. Filing an FBAR does not satisfy FATCA obligations, and vice versa. Consult a tax professional to determine your full international reporting requirements.

FBAR File and all associated content, software, designs, trademarks, and functionality are owned by us and protected by US and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of our platform without written permission.

You retain full ownership of your personal information and documents. By uploading documents to our platform, you grant us a limited, non-exclusive license to process them solely for the purpose of providing our filing service.

You may not:

1. Use the service to file FBARs on behalf of others without proper legal authorization.
2. Submit knowingly false, fraudulent, or misleading information.
3. Attempt to reverse-engineer, decompile, or extract source code from our software.
4. Use automated systems, bots, or scripts to access the service.
5. Attempt to gain unauthorized access to other users' accounts or our systems.
6. Use the service in violation of any applicable law or regulation.
7. Resell, sublicense, or commercially exploit our service without written permission.

Uploaded Content: FBAR File allows users to upload bank statements and financial documents for AI-assisted data extraction (Smart tier). You represent and warrant that you have the right to upload any documents you submit and that your uploads do not infringe any third party's intellectual property rights.

DMCA Takedown: FBAR File respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content on our platform infringes your copyright, you may submit a takedown notice to our designated DMCA agent:

DMCA Agent: FBAR File, Attn: DMCA Agent Email: support@fbarfile.com

Your notice must include: (1) identification of the copyrighted work, (2) identification of the infringing material and its location on our platform, (3) your contact information, (4) a statement of good faith belief that the use is unauthorized, (5) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner, and (6) your physical or electronic signature.

Counter-Notice: If you believe your content was removed in error, you may submit a counter-notice with the information required under 17 U.S.C. § 512(g).

Repeat Infringers: We may terminate the accounts of users who repeatedly infringe third-party copyrights.

THE FBAR FILE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

FBAR FILE DOES NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• FINCEN WILL ACCEPT YOUR FILING
• YOUR FILING WILL BE FREE FROM ERRORS IN THE INFORMATION YOU PROVIDED
• THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS
• ANY DEFECTS IN THE SERVICE WILL BE CORRECTED

FBAR FILE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FBAR FILE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FBAR FILE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FBAR FILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

• PENALTIES, FINES, OR INTEREST ASSESSED BY FINCEN, THE IRS, OR ANY OTHER GOVERNMENT AGENCY
• LOSSES ARISING FROM INACCURATE, INCOMPLETE, OR FALSE INFORMATION YOU PROVIDED
• LOSSES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT
• DELAYS OR FAILURES IN THE BSA E-FILING SYSTEM OR FINCEN PROCESSING
• REGULATORY CHANGES AFFECTING FBAR FILING REQUIREMENTS
• ANY OTHER MATTER RELATING TO THE PLATFORM, ITS CONTENT, OR SERVICES

Liability Cap: IN NO EVENT SHALL FBAR FILE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (I) THE AMOUNT OF FEES PAID BY YOU TO FBAR FILE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE; OR (II) ONE HUNDRED DOLLARS ($100).

This limitation applies regardless of the theory of liability (contract, tort, strict liability, or otherwise). Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless FBAR File, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to:

1. Your use of the service
2. Inaccurate, incomplete, or false information you provide
3. Your violation of these Terms
4. Your violation of any applicable law or regulation
5. Your infringement of any third party's rights

Governing Law: These Terms and any dispute arising out of or related to these Terms or your use of the FBAR File platform shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provisions.

Informal Resolution: Before filing any formal dispute, you agree to first contact us at support@fbarfile.com to attempt informal resolution. We will make good-faith efforts to resolve disputes within 30 days.

Binding Arbitration: Except for small claims disputes, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted by a single, neutral arbitrator, and the arbitrator's award shall be final and binding.

Class Action Waiver: YOU AND FBAR FILE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims.

Opt-Out: You may opt out of this arbitration agreement by notifying us in writing within 30 days of the date you first agreed to these Terms by emailing support@fbarfile.com with the subject line "Arbitration Opt-Out."

Small Claims: Either party may bring qualifying disputes in small claims court in lieu of arbitration.

Term: These Terms shall remain in effect until terminated by either you or FBAR File as set forth herein.

Termination by you: You may terminate these Terms at any time by deleting your account through your dashboard or by emailing support@fbarfile.com. Termination will not relieve you of any obligations incurred prior to termination. Upon deletion, your data will be handled per our Privacy Policy Privacy Policy — personal data purged within 30 days; filing records retained for 7 years per regulatory requirements.

Termination by us: FBAR File may suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms, suspected fraudulent or unauthorized activity, regulatory or legal requirements, or extended periods of inactivity. We will provide notice unless immediate termination is necessary to prevent harm or legal violation.

Effect of termination: Upon termination, your right to access and use the Services will immediately cease. Any pending filings may be canceled or completed at our discretion. You remain responsible for any outstanding obligations. Provisions of these Terms that by their nature should survive termination (limitation of liability, indemnification, dispute resolution) shall survive.

FBAR File reserves the right, at any time and at its sole discretion, to modify these Terms. If we make changes, we will post the updated Terms on our website and update the "Last Updated" date at the top.

For material changes, we will provide at least 30 days' advance notice via email. Your continued use of the Services after the posting of the updated Terms constitutes your acceptance of such changes. If you disagree with updated Terms, your sole remedy is to stop using the Services and request account deletion.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.

These Terms, together with our Privacy Policy Privacy Policy and Cookie Policy Cookies and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and FBAR File regarding the Services, and supersede and replace all prior oral or written understandings or agreements.

If you have any questions about these Terms or the FBAR File platform, please contact us at:

Email: support@fbarfile.com Mailing address: FBAR File, 447 Sutter St Ste 405 PMB 1066, San Francisco, CA 94108

For privacy-related inquiries, see our Privacy Policy Privacy Policy.