Terms of Service

Agreement to Terms

By accessing or using FBAR Direct ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and FBAR Direct.

Service Description

FBAR Direct provides the following services:

• Guided FBAR filing workflow to collect required information
• Electronic submission of FinCEN Form 114 to FinCEN's BSA E-Filing System via SFTP
• Email notifications regarding filing status, confirmations, and receipts
• Secure storage of your filing information (encrypted with AES-256-GCM)
• Customer support for filing-related questions

Important: FBAR Direct does not provide tax advice, legal advice, or accounting services. We are a filing service only. Consult a qualified tax professional or attorney if you need advice about your FBAR filing obligations.

User Responsibilities

By using the Service, you represent and warrant that:

• You are at least 18 years old and legally capable of entering into binding contracts
• All information you provide is accurate, complete, and truthful
• You have the legal authority to file an FBAR on behalf of any entities or individuals you represent
• You understand that filing false or fraudulent information with FinCEN is a federal crime
• You will review your completed FBAR before submission and verify its accuracy
• You are responsible for determining whether you are required to file an FBAR

Limitation of Liability

To the maximum extent permitted by law:

• FBAR Direct is not responsible for errors or omissions in information you provide
• FBAR Direct is not liable for FinCEN rejections due to incomplete or inaccurate data
• FBAR Direct is not liable for penalties, fines, or legal consequences resulting from your FBAR filing or failure to file
• Our total liability to you for any claims arising from the Service is limited to the amount you paid for the filing ($59–$79 depending on service tier)
• We are not liable for indirect, incidental, consequential, or punitive damages

Errors and Omissions Insurance: FBAR Direct maintains Errors and Omissions (E&O) insurance coverage for professional liability claims related to our filing services.

Fee Structure

FBAR Direct charges a fee of $59–$79 per FBAR filing, depending on the service tier selected. This fee includes:

• Guided filing workflow
• Electronic submission to FinCEN
• BSA tracking ID and confirmation receipt
• Secure encrypted storage of your filing data
• Email notifications
• Customer support

Payment is processed securely through Stripe. We do not store your credit card information.

Refund Policy

Pre-Submission: If you have not yet submitted your FBAR to FinCEN, you may request a full refund within 30 days of payment.

Post-Submission: Once your FBAR has been submitted to FinCEN and you have received a BSA tracking ID, the filing is complete and refunds are not available.

Rejection and Resubmission: If FinCEN rejects your filing due to a technical error on our part, we will resubmit your corrected FBAR at no additional charge. If the rejection is due to inaccurate or incomplete information you provided, we will assist you in correcting the filing, and you may resubmit at no additional charge.

To request a refund, email support@fbardirect.com with your order number and reason for the request.

Data Privacy and Security

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal and financial information. By using the Service, you consent to our collection and use of your data as described in the Privacy Policy.

Intellectual Property

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are the exclusive property of FBAR Direct and are protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our express written permission.

Account Termination

We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms, provided false information, or engaged in fraudulent activity. You may close your account at any time by contacting us. Account closure does not affect our obligation to retain your filing records as required by law.

Governing Law

These Terms are governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the federal and state courts located in New Castle County, Delaware for any disputes arising from these Terms or your use of the Service.

Dispute Resolution

Informal Resolution: Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting us at support@fbardirect.com. We will attempt to resolve the dispute within 30 days.

Arbitration: If informal resolution is unsuccessful, any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration will be conducted in Wilmington, Delaware, and the arbitrator's decision will be final and binding.

Class Action Waiver: You agree to resolve disputes with FBAR Direct on an individual basis only, and you waive any right to participate in class action lawsuits or class-wide arbitration.

Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on our website. Your continued use of the Service after such changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Contact Us

If you have questions about these Terms of Service, please contact us at: