Terms of Service
Effective date: May 12, 2026
1. Acceptance of Terms
These Terms of Service (the "Terms") form an agreement between you and Burt Consulting LLC, a Texas limited liability company doing business as BankOfGaga ("BankOfGaga," "we," "our," or "us"). By accessing or using BankOfGaga at bankofgaga.com (the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. These Terms apply to all visitors, users, and others who access the Service.
2. Description of Service
BankOfGaga is a family money tracking and financial education platform that allows family members to record, track, and manage informal money agreements (such as loans from parents or grandparents to children). The Service provides tools to track repayment schedules, payment history, and amortization details.
BankOfGaga is not a bank, lender, financial advisor, or money transmitter. We do not hold, transfer, or process funds. All monetary transactions between family members occur outside the Service. We provide software tools only.
3. Eligibility
You must be at least 18 years old to create an account as a Gaga (the account holder). The Service includes features that allow you, as the Gaga, to record money agreements with members of your family. Any family member you invite must be at least 13 years old. By inviting a family member, you represent that you have authority to do so. Each invited family member is a permitted user of your account; the Gaga is the contracting party under these Terms. We do not knowingly accept users under 13.
4. Accounts
When you create an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@bankofgaga.com if you suspect unauthorized access to your account.
We reserve the right to terminate or suspend accounts that violate these Terms, at our sole discretion and without prior notice.
5. Money Agreements — Important Disclaimers
The Service is a tracking tool only. Please be aware of the following:
- Not legal documents: Records created in the Service do not constitute legally binding loan agreements. If you require a legally enforceable document, consult a qualified attorney.
- Tax implications: Family loans may have tax consequences, including IRS imputed interest rules. Loans over $10,000 may be subject to Applicable Federal Rate (AFR) requirements. We recommend consulting a tax advisor for guidance specific to your situation.
- Not a creditor or credit-reporting agency: BankOfGaga is not a creditor under the Truth in Lending Act, is not a credit-reporting agency under the Fair Credit Reporting Act, and is not a debt collector. Records in the Service are private memoranda between family members. You are responsible for ensuring that any interest rate or fee you record complies with applicable state usury limits and consumer credit law.
- No funds held: BankOfGaga does not hold, process, or transfer any money. All payments are made directly between family members through their own means.
- Accuracy: You are responsible for the accuracy of all data entered into the Service, including loan amounts, interest rates, and payment records.
6. Acceptable Use
You agree not to use the Service to:
- Violate any applicable laws or regulations
- Engage in any fraudulent, deceptive, or misleading activity
- Impersonate any person or entity
- Interfere with or disrupt the integrity or performance of the Service
- Attempt to gain unauthorized access to any part of the Service
- Use the Service for any commercial lending or financial services business
- Collect or harvest any personally identifiable information from the Service
7. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of BankOfGaga and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
8. User Content
You retain ownership of any data you enter into the Service ("User Content"). By using the Service, you grant us a limited, non-exclusive license to store and display your User Content solely for the purpose of providing the Service to you.
You represent and warrant that you have all rights necessary to submit your User Content and that it does not violate any third-party rights or applicable laws.
9. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
10. Third-Party Services
The Service integrates with third-party services including Google (for sign-in). Your use of those services is governed by their respective terms and privacy policies. We are not responsible for the practices of any third-party services.
11. Disclaimers
THE SERVICE 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, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE ARE NOT RESPONSIBLE FOR ANY FINANCIAL DECISIONS MADE BASED ON INFORMATION PROVIDED BY THE SERVICE. THE SERVICE IS FOR TRACKING PURPOSES ONLY AND DOES NOT CONSTITUTE FINANCIAL, LEGAL, OR TAX ADVICE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BANKOFGAGA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500).
The foregoing limitations do not apply to: (i) your indemnification obligations under Section 13; (ii) liability that cannot be limited under applicable law (including for fraud, gross negligence, or willful misconduct); or (iii) death or bodily injury caused by our negligence. Some jurisdictions do not allow certain limitations on liability, so some of the above may not apply to you.
13. Indemnification
You agree to defend, indemnify, and hold harmless BankOfGaga and its officers, directors, employees, and agents from any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: (a) your breach of these Terms; (b) your violation of applicable law; or (c) any User Content you submit to the Service. We will promptly notify you of any such claim and reasonably cooperate with the defense.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles. Any dispute that is not subject to arbitration under Section 15 will be brought exclusively in the state or federal courts located in Texas, and you consent to personal jurisdiction in those courts.
15. Resolving Disputes
15.1 Try informal resolution first
Before either of us files an arbitration demand or a lawsuit, we both agree to try to work it out informally. Send a written description of your claim — what happened, what you want, and your contact info — to support@bankofgaga.com. We will send any claim we have against you to the email address on your account. If we cannot resolve the matter within 60 days of that notice, either party can move to arbitration as set out below.
15.2 Binding individual arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with BankOfGaga that we do not resolve informally will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in the U.S. county where you live, or — at your election — by telephone or videoconference. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court with jurisdiction.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
15.3 Class-action waiver
You and BankOfGaga agree that any dispute will be resolved only on an individual basis. Neither of us may bring or participate in a class action, collective action, consolidated arbitration, private attorney general action, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court finds this class-action waiver unenforceable as to a particular claim or remedy, then that claim or remedy only — and not any other — must proceed in court rather than in arbitration.
15.4 What stays out of arbitration
Nothing in this Section 15 prevents either of us from:
- bringing an individual action in small claims court (in your state of residence) for any dispute within that court's jurisdiction;
- seeking injunctive or equitable relief in court for the actual or threatened misuse of intellectual property (yours or ours);
- asserting any right that, by law, cannot be waived — including, where applicable, the right to seek public injunctive relief in court.
15.5 Opt out within 30 days
You can opt out of the arbitration agreement and class-action waiver in this Section 15 by sending written notice to support@bankofgaga.com within 30 days of first creating your BankOfGaga account. Include your name, account email, and a clear statement that you are opting out. Opting out does not affect any other provision of these Terms, and we will not penalize you for opting out.
15.6 Mass arbitration
If 25 or more substantially similar arbitration demands are filed against BankOfGaga by the same counsel within a 90-day period, the parties will work in good faith to apply a bellwether procedure under AAA's Mass Arbitration Supplementary Rules, with up to 10 bellwether cases proceeding before any other case is administered.
15.7 Jury-trial waiver
To the extent any claim is not subject to arbitration under this section, you and BankOfGaga each waive the right to a jury trial in any such action.
15.8 Survival
This Section 15 survives termination of these Terms or your account.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the effective date. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.
17. Termination
We may suspend or terminate your access to the Service immediately on notice if you materially breach these Terms or if we reasonably believe doing so is necessary to prevent harm to the Service or other users. We may terminate your account without cause on 30 days' written notice. Upon termination, your right to use the Service will cease. You may also delete your account at any time by contacting us at support@bankofgaga.com.
18. Miscellaneous
These Terms — together with our Privacy Policy and any other policies we link from the Service — make up the entire agreement between you and Burt Consulting LLC (doing business as BankOfGaga). If any provision of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of that provision. You cannot assign or transfer your account or these Terms; we may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, governmental action, natural disasters, internet or telecommunications outages, vendor outages, or pandemics. The affected party will use commercially reasonable efforts to resume performance.
Survival. Sections 5 (Money Agreements — Important Disclaimers), 7 (Intellectual Property), 8 (User Content), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Governing Law), 15 (Resolving Disputes), and this Section 18 survive termination of these Terms or your account.
19. Contact Us
If you have any questions about these Terms, please contact us at:
Burt Consulting LLC (doing business as BankOfGaga)
13423 Blanco Road #774
San Antonio, TX 78216
United States
Email: support@bankofgaga.com
Website: bankofgaga.com