The following terms of service (the “Agreement”) contains the rules that govern the financial planning services (the “Service”) provided by Fruitful, Inc. (“Fruitful”, “we” or “us”), a Delaware corporation. By using the Service, you (the “Member”) acknowledge that you have read, understood, and accepted the terms of service of this Agreement.
1. The service
Fruitful hereby grants to the Member a limited, nonexclusive, nontransferable, revocable right to use the Service. The Service includes software and services that we own and operate directly or indirectly. As part of the Service, you may interact with third parties that provide services to us. Your interaction with those third parties is governed by their individual terms of service and privacy policies, which we suggest you review.
This Agreement may be updated periodically to reflect any changes to the Service. This may include the introduction of additional services or the improvement of existing services. If there is a material change to this Agreement, Fruitful will notify you in advance of the changes.
2. Member responsibilities
The Member understands and accepts all responsibility for the use of the Service in its environment. You agree not to misuse the Service in any manner, or assist anyone else in misusing the Service. You will use the Service only for a valid legal purpose and only as permitted by applicable law, including federal and state data privacy regulations and export control laws. You will not try to undermine our security safeguards, and you will not upload, download, display, perform, transmit, or otherwise distribute any information received from Fruitful without our prior written consent.
In order to use the Service, you must be age 18 or over and a US resident, which includes a US resident alien.
You agree to pay any applicable fees and charges associated with the Service. All fees are nonrefundable.
3. Waiver and release
The Member voluntarily assumes any and all risks, known or unknown, associated with their use of the Service and actions and undertakings in connection with their use of the Service (collectively “Participation”). The Member acknowledges that their Participation may present certain risks to them, and hereby assume any and all risks associated therewith. These risks may include adverse outcomes to the Member’s financial condition.
The Member hereby voluntarily and knowingly, releases, discharges and relinquishes any and all claims, actions and lawsuits of any kind against Fruitful related to or arising from their Participation, including, without limitation, any claims, actions or lawsuits for wrongful death, negligence and/or other fault, either active or passive, personal injury, wrongful death, invasion of privacy, fraud, breach of contract, infringement of copyright, and negligent or intentional infliction of emotional distress.
4. Privacy and security
Authorized Fruitful employees may monitor and record all or portions of any virtual interactions between Fruitful and the Member for training, customer support, compliance, financial planning service, and other lawful purposes. The Member’s consent will be ongoing, except to the extent applicable law expressly requires otherwise.
As an SEC registered investment adviser, Fruitful is required to record and archive all communications between Fruitful and the Member. All e-mail sent to and from Fruitful will be received or otherwise recorded by the Fruitful e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient.
During the course of providing the Service and from visiting the Fruitful website, Fruitful will obtain data inclusive of personal information, financial information, device-related information and behavioral information. Fruitful uses this data for internal purposes only, specifically product development and improving the Fruitful Member experience.
Either party may terminate this Agreement upon written email notice to the other party at any time. The Member should email email@example.com to terminate the Agreement. Fruitful reserves the right to terminate the Member’s access to the Service without written notice if the Member is in violation of this Agreement. Sections 1-8 and all obligations thereunder, shall survive any termination of this Agreement.
6. Limitation of warranties
THE SERVICE AND ANY ACCOMPANYING WRITTEN MATERIALS OR SOFTWARE ARE PROVIDED “AS-IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MEMBER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
7. Exclusion of certain damages
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY PERSONAL DAMAGES, OR ANY FORM OF SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, EVEN IF FRUITFUL KNEW OR HAD REASON TO KNOW IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
8. Governing law
This Agreement is made under, shall be governed by and construed in accordance with the laws of the State of New York, excluding its choice of law provisions. To the extent permitted by law, any controversy, dispute or claim arising out of or relating to this Agreement will be submitted to arbitration before a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association. The prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses. Any action, suit or proceeding arising out of, under or in connection with this Agreement seeking an injunction or not otherwise submitted to arbitration pursuant to this Agreement shall be brought and determined in the appropriate federal or state court in the State of New York and in no other forum.
January 4, 2023
the personal information we obtain about our customers is an important responsibility. We also know
that you expect us to service you in an accurate and efficient manner. To do so, we must collect and
maintain certain personal information about you. We want you to know what information we collect and
how we use and safeguard that information.
Information we collect
We collect certain nonpublic information about you ("Customer
Information"). The essential purpose for collecting Customer Information is to allow us to provide
advisory services to you. Customer Information we collect may include:
Security of your information
We restrict access to your nonpublic personal information to those
employees who need to know that information to service your account. We maintain physical,
electronic and procedural safeguards that comply with applicable federal or state standards to protect
your nonpublic personal information.
Information we disclose
We do not disclose the nonpublic personal information we collect about our
customers to anyone except: (i) in furtherance of our business relationship with them and then only to
those persons necessary to effect the transactions and provide the authorized services (such as
broker-dealers, custodians, independent managers etc.); (ii) to persons assessing our compliance with
industry standards (e.g., professional licensing authorities, consultants, etc.); (iii) our attorneys,
accountants, and auditors; or (iv) as otherwise provided by law.
We are permitted by law to disclose the nonpublic personal information about you to governmental
agencies and other third parties in certain circumstances (such as third parties that perform
administrative or marketing services on our behalf or for joint marketing programs). These third parties
are prohibited to use or share the information for any other purpose.
If you decide to close your account(s) or become an inactive customer, we will adhere
to our privacy policies, which may be amended from time to time.
If you have questions about this privacy notice or about the privacy of your customer
information call our main number (646) 397-2557 and ask to speak to the Chief Compliance Officer
January 4, 2023
Item 1. Introduction
A. Fruitful, Inc. is registered with the Securities and Exchange Commission as an investment advisor and we provide investment advisory services rather than brokerage services. Investment advisory services and brokerage services and fees differ and it is important for the retail investor to understand the differences. This document gives you a summary of the types of services we provide and how you pay. Please ask us for more information.
B. Free and simple tools are available to research firms and financial professionals at www.Investor.gov/CRS which also provides educational materials about broker-dealers, investment advisors, and investing.
Item 2. Relationships and Services
What investment services and advice can you provide me?
Services: We provide web-based ongoing comprehensive financial planning through the firm's website and client portal. Prior to providing any non-discretionary services, Fruitful, Inc. will provide Clients with an Ongoing Comprehensive Financial Planning Agreement (the “Agreement”). Under the Agreement, the Clients provide their current and anticipated financial condition as well as their investment objectives and risk tolerance. Fruitful, Inc. begins by assessing Client risk profiles through an online Questionnaire via Fruitful, Inc.’s website.
Monitoring: Fruitful, Inc.’s platform maintains and monitors Client’s individual account parameters. This review may include types of account, investment objectives, overall financial conditions, personal and business assets, risk tolerances, and other factors unique to the Client’s individual situations.
Investment Authority: If we buy and sell investments in your account without asking you in advance, this is called “discretionary authority”. If we give you advice and you decide what investments to buy and sell, this is called “non-discretionary authority”. We do not provide Investment Management Services, and therefore do not exercise discretion.
Investment Offerings: Our investment advice is not limited to a particular type of security. We provide advice on stocks, bonds, certificates of deposit, municipal securities, mutual funds and options in securities.
Account Minimums: We do not have an account minimum.
Additional Information: Fruitful, Inc., initially filed for registration with the Securities and Exchange Commission (SEC) on September 16, 2022 . The principal owner of the firm is ECC Branch LLC, and Thomas Lemmo is our Chief Compliance Officer (CCO). Ask us for our Form ADV Part 2A Brochure for complete details about our services and fees.
Questions you should ask your financial professional.
Given my financial situation, should I choose an investment advisory service? Why or why not? How will you choose investments to recommend to me? What is your relevant experience, including your licenses, education and other qualifications? What do these qualifications mean?
Item 3. Fees, Costs, Conflicts, and Standard of Conduct
What fees will I pay?
Principal Fees and Costs: You will pay a monthly ongoing fee for financial planning of $98 per month for individuals and $148 per month for couples receiving financial planning services jointly. The fees are not negotiable.
Other Fees and Costs: You are responsible for all custodial and securities broker-dealer execution fees charged by the custodian and executing broker-dealer.
Additional Information: You will pay fees and costs whether you make or lose money on your investments. Fees and costs will reduce any amount of money you make on your investments over time. Please make sure you understand what fees and costs you are paying. Refer to our Form ADV Part 2A Brochure, Item 5.A.B.C.D. for more detailed information about our fees.
Help me understand how these fees and costs might affect my investments. If I give you $10,000 to invest, how much will go to fees and costs, and how much will be invested for me? What are your legal obligations to me when acting as my investment advisor? How else does your firm make money and what conflicts of interest do you have?
What are your legal obligations to me when acting as my investment adviser? How else does your firm make money and what conflicts of interest do you have?
B. Standard of Conduct
When we act as your investment adviser, we have to act in your best interest and not put our interest ahead of yours. At the same time, the way we make money creates some conflicts with your interests. You should understand and ask us about these conflicts because they can affect the investment advice we provide you. Here are some examples to help you understand what this means.
Potential Conflicts: Our fees for couples is higher than our fees for individuals. This is a potential conflict because our advisers have a financial incentive to direct individuals into joint financial plans.
How might your conflicts of interest affect me, and how will you address them?
Additional Information: We do not have any relationships or arrangements with any other entity.
How do your financial professionals make money?
We are compensated by ongoing financial planning.
Item 4. Disciplinary History
Do you or your financial professionals have legal or disciplinary history?
No disciplinary history to report. Free and simple search tools are available to retail investors who visit www.Investor.gov/CRS to research our firm and financial professionals.
As a financial professional, do you have any disciplinary history? For what type of conduct?
Item 5. Additional Information
Contact Thomas Lemmo, Chief Compliance Officer (CCO)
Phone: 646 - 397-2557 for additional information and an up to date copy of the relationship summary or visit our website at: www.fruitful.com
Who is my primary contact person? Is he or she a representative of an investment adviser or a broker-dealer? Who can I talk to if I have concerns about how this person is treating me?
Have any questions?
Ask us directly.