Terms of Service
In brief
An FBAR Guard Annual Plan belongs to one FBAR reporting year. FBAR Guard helps you keep that year’s foreign-account information current and prepares a completed FBAR for you to review, electronically sign and submit yourself through FinCEN’s BSA E-Filing System. FBAR Guard does not submit the FBAR for you.
Your plan renews into the next reporting year until you cancel. After your subscription ends, you have 90 days to download your FBAR records. You remain responsible for the accuracy of the information you provide and for keeping the records the law requires you to keep.
1. About these Terms
These Terms of Service (the “Terms”) apply to the FBAR Guard website, including the free FBAR Guide, and to the paid FBAR Guard services (the “Services”). They form the agreement between you and FBAR Guard, a Dutch business registered with the Netherlands Chamber of Commerce (KVK) under number 98128477. Our business details are on the Contact page.
By creating an account or buying a Service, you accept these Terms. The way we handle personal information is described in our Privacy Notice, and our use of cookies in our Cookie Policy.
In these Terms:
- Reporting year means the calendar year whose foreign accounts an FBAR reports. The 2026 reporting year covers 1 January to 31 December 2026; its FBAR is prepared and filed in 2027.
- Annual Plan means the recurring paid Service for one reporting year.
- Prior-year service means a one-time paid Service for an earlier reporting year.
- Filer profile means the profile of a person whose FBAR the Services help prepare: you, or a family member whose profile you administer.
2. What FBAR Guard does
FBAR Guard helps an eligible individual assemble, maintain, review and prepare the information required for an FBAR, and prepares a completed official FBAR PDF for the filer to review, electronically sign and submit through FinCEN’s BSA E-Filing System.
- FBAR Guard does not submit the FBAR on your behalf. You, or the filer, remain responsible for signing and submitting it on time.
- The Services support the situations described for your purchase. Some situations, such as signature authority over an employer’s account or corporate filings, are outside what the Services prepare even where the free FBAR Guide explains them.
- FBAR Guard is a preparation service. It does not give individual legal, tax or accounting advice, and using it does not create a professional advisory relationship.
3. Your account and family profiles
One account can administer several filer profiles in a household, such as your own, your spouse’s and your children’s. The account holder and the person whose FBAR is prepared may be different people; each filer profile has its own FBAR.
When you create or administer a profile for another person, you confirm that:
- you are authorised to provide that person’s information and to act for them in using the Services, for example as their spouse with their agreement, or as the parent or guardian of a child; and
- the person who signs each FBAR is entitled to sign it. Signing and submitting an FBAR remains the filer’s responsibility, or the parent’s or guardian’s where a child cannot file.
Keep your login details confidential. You are responsible for activity under your account.
4. The Annual Plan
An Annual Plan is attached to one FBAR reporting year. It is not a purchase of a fixed period of generic access. For its reporting year, the Annual Plan covers:
- keeping your foreign-account information current during the year, through check-ins at the cadence you choose;
- the work to determine each account’s annual maximum value and its conversion to U.S. dollars;
- preparation of the resulting FBAR after the year ends, for you to review, sign and submit; and
- keeping your FBAR records organised while the plan remains active (see section 9).
Example
A 2026 Annual Plan
A 2026 Annual Plan covers your 2026 reporting year: maintenance and check-ins during 2026, and preparation of your 2026 FBAR after 31 December 2026. That FBAR is prepared and filed in 2027, but it is still part of the 2026 plan. It does not make the plan a 2027 plan.
The filer profiles and number of accounts included, and the price, are those shown in the plan description when you buy or renew.
5. Renewal
Your Annual Plan renews automatically until you cancel. Each renewal moves your Service into the next reporting year, so your account information and FBAR records carry forward.
The date and amount of each recurring charge are shown at checkout and in your account. These Terms do not fix a renewal date.
6. Earlier reporting years
An earlier reporting year is not included in an Annual Plan unless the plan description expressly says so. You can buy it separately as a one-time prior-year service.
Example
Adding a 2025 FBAR
A customer with a 2026 Annual Plan who still needs a 2025 FBAR can buy a separate 2025 prior-year service.
A prior-year service:
- applies only to the reporting year you buy it for;
- is a one-time Service and does not itself create a recurring subscription; and
- does not include hosted access to your records for a further period. Continued access to your FBAR records is part of an active Annual Plan (see section 9).
Its price is shown when you buy it.
7. Prices and payment
Prices and any applicable taxes are shown before you pay. Payments are processed by a third-party payment provider; FBAR Guard does not store your card number. The checkout shows who processes your payment.
8. Cancellation and withdrawal
You can cancel your Annual Plan at any time, from your account or by contacting us (see the Contact page). Cancelling stops future renewals. Your account shows the date your subscription ends.
- 90 days to download your records. After your subscription ends, your FBAR records remain available in your account for 90 days so that you can download them.
- After 90 days, hosted access to your account can end, and your information is deleted or kept as described in the Privacy Notice and as applicable law requires.
If you are a consumer with a statutory right of withdrawal, nothing in these Terms limits it. You can exercise it as explained at checkout or by contacting us. Where applicable law gives you a right to a refund, we honour it.
9. Your FBAR records
While your Annual Plan remains active, FBAR Guard may keep your supported FBAR records from covered reporting years organised and accessible during the applicable recordkeeping period, so your filing history stays together. These records are:
- the structured filing and account information you confirmed;
- annual maximum values and the calculation information behind them; and
- the prepared FBAR and, where available, its filing confirmation.
Source documents are different. Statements, exports and other files you upload so that information can be extracted or reviewed are not kept for the same period. They may be deleted once that purpose is complete, unless the Service specifically keeps them, you choose an available option to keep them, or another lawful basis requires it. See the Privacy Notice.
Your own recordkeeping
You remain responsible for keeping the FBAR records the law requires you to keep. FBAR Guard’s recordkeeping helps, but it does not replace your own obligation. Download your records before hosted access ends.
10. Your responsibilities
When you use the Services, you confirm that:
- you have the legal capacity to enter into this agreement;
- the information you provide is accurate and complete to the best of your knowledge;
- you are entitled to upload the information and documents you provide;
- you have the authority described in section 3 for any profile you administer for another person;
- you will review the information FBAR Guard presents to you for confirmation;
- you will correct information you know to be materially inaccurate; and
- you will not knowingly use FBAR Guard unlawfully or submit false or misleading information.
11. How we provide the Services
We provide paid Services with reasonable care and in line with the description that applies to your purchase.
Account details may be extracted from documents automatically and are presented to you for confirmation. Some cases are also reviewed by a person, for quality, exceptions or support. The Privacy Notice explains how.
We do not promise that:
- the Services will be uninterrupted or error-free;
- every document can be processed automatically;
- the Services support every factual situation; or
- using the Services prevents an audit, inquiry, penalty or other action by a government authority.
Nothing in these Terms limits your mandatory statutory rights, including your consumer rights.
12. The free FBAR Guide and website information
The FBAR Guide, articles, FAQs, calculators, checklists and other free information on this website are general educational information.
- They are not individual legal, tax or accounting advice.
- Using them does not create an attorney-client, accountant-client, fiduciary or other professional advisory relationship.
- FBAR rules, official guidance, exchange rates and government systems can change. The official FinCEN, IRS and U.S. Treasury sources remain authoritative.
- The Guide may explain situations that the paid Services do not currently support. Its coverage of a topic does not mean the Services support it.
13. Intellectual property
The FBAR Guard name, logo, website, Guide content and software belong to FBAR Guard or its licensors. You may use them only to read the website and use the Services for yourself and the profiles you administer.
- You may link to any public page of the website.
- You may quote short extracts with attribution and a link to the source page.
- You may not republish, copy at scale, scrape or commercially reuse website content, or present it as your own, without our written permission.
Information and documents you provide remain yours. You allow FBAR Guard to use them only to provide the Services to you, as described in the Privacy Notice.
14. Liability
To the extent permitted by applicable law, FBAR Guard is not liable for loss that results from:
- information you provided or confirmed that was materially inaccurate, incomplete or late;
- foreign accounts or account relationships that were not disclosed to FBAR Guard;
- failure to review or correct information presented to you for confirmation;
- failure to complete a required filing or other required action, including signing and submitting the FBAR;
- use of the Services outside the supported scope described for your purchase;
- failure to download or keep records that you remain responsible for keeping; or
- outages or failures of government systems, such as BSA E-Filing, or of third parties, outside FBAR Guard’s reasonable control.
To the extent legally permitted, FBAR Guard’s total liability for a paid Service is limited to the greater of (1) the amount you paid for the relevant Service during the 12 months before the event giving rise to the claim, or (2) any higher minimum amount required by applicable law.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, or your mandatory rights as a consumer.
15. Complaints
If you are not satisfied with the Services, contact us at support@fbarguard.com with a short description of the problem. See the Contact page for what to include.
16. Changes to these Terms
We may update these Terms. The current version is always on this page with the date it was last updated. If a change materially affects a plan you have already paid for, we will tell you before it applies to you.
17. Governing law and courts
These Terms and any dispute about them are governed by Dutch law.
To the fullest extent permitted by applicable law, all disputes arising out of or relating to these Terms, FBAR Guard or the Services will be submitted exclusively to the competent court of the District Court of Amsterdam (Rechtbank Amsterdam), the Netherlands. If mandatory consumer law gives a consumer the right to bring proceedings before another court, or prevents FBAR Guard from bringing proceedings in Amsterdam, those mandatory rules prevail.