Terms of service
These terms govern the use of ARCA Filing (the «Service»), a product of ARCA Compliance (the «Provider»). By creating an organization or using the Service you accept them on behalf of the organization you represent (the «Customer»).
1. The Service
ARCA Filing is a preparation tool for FinCEN Currency Transaction Reports (Form 112). It lets the Customer enter or import cash transactions, build CTRs, validate them against FinCEN's filing rules and the official XML schema, generate the batch files and track the acknowledgments FinCEN returns.
The Customer is the filer. The Customer remains solely responsible for the content of every report, for deciding what is filed, and for submitting the batch to the BSA E-Filing system under its own account. The Provider never submits reports on the Customer's behalf and never holds the Customer's BSA E-Filing PIN or credentials.
2. Accounts
Accounts are created and managed on the ARCA Compliance platform, which authenticates every person who signs in to the Service. The Customer is responsible for the people it invites, for keeping credentials confidential and for every action taken through its accounts. The Customer must give accurate organization and contact details and keep them current.
3. Acceptable use
The Customer may use the Service only to prepare its own reports, or reports of institutions that have authorized it to do so, and in compliance with the Bank Secrecy Act and applicable law. The Customer must not upload data it has no right to process, interfere with the Service, attempt to access other customers' data, resell the Service or use it to file false or misleading reports.
4. Subscription and trial
The Service starts with a free trial whose length and limits are shown when the organization is created. After the trial, continued use requires an active subscription. Plans, prices, invoicing and payments are handled by the ARCA Compliance platform under its own terms; a subscription that lapses limits the Service to reading existing data until it is renewed.
5. Availability and no warranty of acceptance
The Service is provided «as is» and «as available». The Provider makes reasonable efforts to keep it running and to keep its validation rules aligned with FinCEN's published specifications, but does not warrant uninterrupted availability, nor that a batch will be accepted by FinCEN, nor that a report is complete or correct. Validation reduces errors; it does not replace the Customer's review.
6. Limitation of liability
To the extent permitted by law, the Provider is not liable for indirect, incidental or consequential damages, lost profits, regulatory penalties or late-filing consequences arising from the use of or inability to use the Service. The Provider's total liability for any claim is limited to the fees the Customer paid for the Service in the twelve months before the event giving rise to the claim.
7. Termination
The Customer may stop using the Service at any time by closing its organization on the ARCA Compliance platform. The Provider may suspend or terminate access for breach of these terms, non-payment or legal requirement, with notice where practicable. After termination the Customer may export its data during a grace period of 30 days; data are then deleted in line with the Privacy policy and the retention FinCEN requires.
8. Changes
The Provider may update these terms. Material changes are announced in the Service or by email at least 15 days before they take effect. Continued use after that date is acceptance of the new terms.
9. Governing law
These terms are governed by the laws of [jurisdiction], and any dispute is subject to the courts of [jurisdiction], without prejudice to mandatory consumer or regulatory provisions that apply to the Customer.