Introduction

Money to Thrive, LLC provides the Financial Coaching Services as further described in paragraph 3. The terms and conditions set out below (“Terms”) are the terms and conditions on which Money to Thrive, LLC provides these services. The Terms apply to all users of the Financial Coaching Services.

By using the Services, you agree to comply with and be bound by these Terms, which constitute a binding contract between you and Money to Thrive, LLC (“Contract”).

Parties

“Coach” and “Financial Coach” means the individual financial coach, and the company that employs them as a financial coach, who have been accredited by Money to Thrive, LLC and who provides the Financial Coaching Services to you.

For the avoidance of doubt, where the individual who provides the Financial Coaching Services to you is employed by Money to Thrive, LLC, then references in this agreement to “Money to Thrive, LLC” or “the Financial Coach” means Money to Thrive, LLC, a limited liability Company filed in Texas.

Where the individual who provides the Financial Coaching Services to you is not employed by Money to Thrive, LLC, then references  in this agreement to “Money to Thrive, LLC” or “the Financial Coach” means the company that does employ the individual financial coach who provides the Coaching Services to you, and which has granted permission for Money to Thrive, LLC to communicate their acceptance of these terms on their behalf.

The identity of your Financial Coach (both the individual financial coach, and the company that employs them) shall be confirmed in writing in advance of your first financial coaching session.

1. Key Definitions

In these Terms, the following definitions shall apply:

“Client” and “You” means the individual receiving the Financial Coaching Services from Money to Thrive, LLC.

“Financial Coaching Services” and “Coach Services” means the financial coaching services provided by Money to Thrive, LLC as further described in paragraph 3 below.

“Financial Plan” shall have the definition given to it in the Money to Thrive, LLC-Client Agreement.

“Financial Planning Services” shall have the definition given to it in the Money to Thrive, LLC-Client Agreement.

“Money to Thrive, LLC” means a limited liability Company filed in Texas.

“Money to Thrive, LLC-Client Agreement” means the agreement between

Money to Thrive, LLC and the Client which sets out the terms and conditions under which Money to Thrive, LLC provides the Money to Thrive, LLC Services to Clients.

“Money to Thrive, LLC Services” means the collection of services offered by

Money to Thrive, LLC to individuals, governed by the Money to Thrive, LLC-Client Agreement, including financial planning services, financial coach booking services and financial advice and investment (advisory) services.

“Start Date” means the date on which your subscription to the Services begins, as described in the Money to Thrive, LLC-Client Agreement.

“Subscription Fee” and “Client Subscription Fee” means the monthly subscription fee payable for a subscription to the Services, as further described in paragraph 4.4.1.

“Website” means the website at www.moneytothrive.co and all the pages, content and sub-domains contained within it.

2. Scope of this Agreement

2.1. This agreement outlines the terms and conditions under which Money to Thrive, LLC shall provide the Financial Coaching Services to the Client, and does not cover any additional or alternative service that Money to Thrive, LLC may offer or provide.

2.2. In the event that Money to Thrive, LLC does offer or provide any other service to the Client that is not included in Money to Thrive, LLC Services, Money to Thrive, LLC shall ensure that the distinction is sufficiently clear to the Client at all times.

3. The Financial Coaching Service

3.1. The Financial Coaching Service allows users to receive coaching from a Coach. Money to Thrive, LLC will provide financial guidance to you.  Financial guidance is the process of understanding your goals and financial circumstances and offering suggestions on what you could do to achieve those goals. Where relevant, Money to Thrive, LLC will explain the different options available and outline the pros and cons of each.  He/ she will explain your Financial Plan to you, answer questions, help plan your finances, give you general financial guidance and, where appropriate, refer you to specialist financial services. Every element of the Financial Planning Service and Financial Coach Service, accessed or provided simultaneously, plays a key role in informing users’ decisions on how much to save, invest and contribute to their pensions or savings for retirement.

3.2. Your Coach may contact you in different ways, including via the Website, by telephone, post, e-mail, SMS text message, web (video) conference or in person.

4. Subscription

4.1. What it includes

During the term of a user’s subscription, in accordance with these Terms:

4.1.1. Money to Thrive, LLC will provide, or the user will have access to, all of Money to Thrive, LLC Services; and

4.1.2. Money to Thrive, LLC will provide, or the user will have access to, all of the Money to Thrive, LLC Services.

4.2. How to become a subscriber

4.2.1. To subscribe to the Services, for which an monthly subscription fee will be payable (see paragraph 4.4.1 below), you must either visit the Website and complete the online form, or if you have contact with a Coach, inform Money to Thrive, LLC that you would like to subscribe to the Services.

4.2.2. You  must be 18 or older and have the power to enter into a contract in order to subscribe to the Services.

4.2.3. Confirmation of your subscription to the services and the monthly subscription fee that is payable shall be sent to you by Money to Thrive, LLC, as outlined in the Money to Thrive, LLC-Client Agreement.

4.2.4. Payment of the subscription fee to Money to Thrive, LLC shall be facilitated by Money to Thrive, LLC using one of the methods outlined in the Money to Thrive, LLC-Client Agreement.

4.2.5. The start date of your subscription to the Services (“Start Date”) will depend on the method you choose for paying for the subscription (see the Money to Thrive, LLC-Client Agreement for different methods of payment).  If you are paying by direct debit, your subscription to the Services will begin once Money to Thrive, LLC has received payment of the Subscription Fee in cleared funds. If you are paying via salary sacrifice, your subscription will begin immediately upon Money to Thrive, LLC sending you the confirmation email of your subscription.

4.2.6. You agree that Money to Thrive, LLC will immediately, on and from the Start Date, begin to provide the Services.

4.3. Duration of subscription

4.3.1. Subscriptions are for a period of one (1) month, and will renew automatically at the end of each one (1) month period for a further one (1) month, unless:

4.3.1.1. you inform Money to Thrive, LLC or your Coach in writing of your intention to end the subscription (for further details about when you can end a subscription and how to end a subscription, please see paragraph 4.6 below);

4.3.1.2. you have paid for the subscription via salary sacrifice and your employer is using a benefits platform which does not allow for automatic renewal of the subscription.

4.3.2. The automatic renewal of your subscription shall be processed by Money to Thrive, LLC in accordance with the Money to Thrive, LLC-Client Agreement.

4.3.3. At the end of each one (1) month period, you will be entitled to a monthly review with a Coach during which you may discuss if your personal circumstances or goals have changed, and during which the Financial Plan is updated and new actions are agreed on.

4.4. Subscription Fees

4.4.1. The fee for an monthly subscription to the Services (the “Subscription Fee”) will be made clear to you when you complete the online form to subscribe to the Services or by Money to Thrive, LLC when you inform him/her you wish to subscribe to the Services, and in the confirmation email that we send to you.  The Subscription Fee is payable monthly in advance.

You agree to pay the Subscription Fee for the first one (1) month of your subscription at the rate notified to you at the time you purchase the subscription.  The current rate for a subscription to use the Services (inclusive of VAT) can be found on the Money to Thrive, LLC Website at https://www.moneytothrive.co/our-charges.

In the event that Money to Thrive, LLC makes changes to the Subscription Fee, those changes will not affect you until your subscription is next due for renewal.

At the time of renewing your subscription, you will be charged a Subscription Fee for the next one (1) month of your subscription, at the current rate at the time.

4.5. Payment

4.5.1. Payment of the Subscription Fees will be made using one of the payment methods provided by Money to Thrive, LLC, as outlined in the Money to Thrive, LLC-Client agreement.

4.5.2. If you choose to subscribe to the Services by informing your Coach, then your Coach shall notify Money to Thrive, LLC of your subscription to the Services, and shall instruct Money to Thrive, LLC to charge you the amount agreed using the method you have selected, in accordance with the terms of the Money to Thrive, LLC-Client Agreement.

4.5.3. If you subscribe to the Services by completing the online form on the

Website, then Money to Thrive, LLC shall confirm your subscription with your

Coach before charging you the amount agreed using the method you have selected, in accordance with the terms of the Money to Thrive, LLC-Client Agreement.

4.6. Your rights to cancel the subscription

4.6.1. To exercise your right to cancel your subscription, please contact your Coach or Money to Thrive, LLC by phone or email, telling us you’d like to cancel or including the completed form below.

To: Money to Thrive, LLC

I hereby give notice that I cancel my Subscription contract

Purchased on: [insert date of Subscription]

Customer Reference Number: [insert your Customer reference number] Your full name:

Your address:

Date:

Reason for cancelling (optional):

5. Your Use of the Financial Coaching Service

5.1. If you are unhappy with Money to Thrive, LLC’s service, you may send a complaint to Money to Thrive, LLC using the following contact information:

Email: sherrymiller@moneytothrive.co

You will receive an initial response within two (2) Business Days.

5.2. In order to book a one-on-one coaching session with your Coach, Money to Thrive, LLC will place a discovery call with the individual that will be booked online via Money to Thrive, LLC’s booking site.

5.3. You will be entitled to up to a minimum of a 2 hour session of 1:1 coaching, Weekly group coaching via Zoom, E-mail support from Financial Coach, Accountability, Special access to additional resources, closed FB group.  You may request additional coaching, but any additional coaching will be subject to your Coach’s availability. This is only in reference to the Money to Thrive, LLC- Transformation Agreement.

5.4. If you have a subscription to the Services, you will always have access to the same Coach unless:

5.4.1. Money to Thrive, LLC has left the employment of Money to Thrive, LLC or is no longer as a Financial Coach by Money to Thrive, LLC; 5.4.2. Money to Thrive, LLC is no longer a financial coach; or

5.4.3. Money to Thrive, LLC is on extended leave (due to illness, injury, or any other reason).

5.5. If your Coach leaves the employment of Money to Thrive, LLC, is no longer accredited by Money to Thrive, LLC, is no longer contracting with Money to Thrive, LLC or is no longer a financial coach, Money to Thrive, LLC will assign a new Coach to you and notify you via email and/or phone.

5.6. If your Coach is on leave then he or she may at their sole discretion instruct Money to Thrive, LLC to assign another Money to Thrive, LLC Financial Coach to serve you, either during the period of the incumbent Coach’s leave, or for the duration of your subscription.

6. Accuracy of information and liability to you

6.1. Any guidance provided by Money to Thrive, LLC will be based on the information that you give to them, so it’s vital that you provide them with accurate and complete information about your circumstances and objectives. If you limit the information provided it could affect the suitability of the guidance given. You agree that neither Money to Thrive, LLC nor Money to Thrive, LLC shall be liable to you to the extent that any information you provide to us is inaccurate, incomplete or misleading.

6.2. By subscribing to use the Services, you unconditionally confirm that the details that you provide to Money to Thrive, LLC are true, fair and accurate in all material respects and complies with all applicable regulatory or statutory requirements.  You agree to promptly notify Money to Thrive, LLC of any material changes in relation to your details.

7. Legal and accounting advice

7.1. Money to Thrive, LLC is not qualified to provide legal or accounting advice or to prepare any legal or accounting documents. This means that the onus is on you to refer any point of law or accountancy that may arise during the course of discussions with us, to a solicitor or accountant.

8. Your Personal Information

8.1. To provide the Services properly Money to Thrive, LLC will need to collect information about your personal and financial circumstances. Money to Thrive, LLC will only use your personal information to deliver the Services. Full details of what information is collected by Money to Thrive, LLC and how it is used can be found in Money to Thrive, LLC’s Privacy Policy. You may request a copy of Money to Thrive, LLC’s Privacy Policy at any time. By using the Services and/or agreeing to these Terms, you accept Money to Thrive, LLC’s practices regarding personal data and how it will be treated.

8.2. In order to deliver the Services, your Coach will need to share your personal information with Money to Thrive, LLC. For example, your Financial Plan is created using Money to Thrive, LLC’s software and interactions with your Coach may be reviewed by Money to Thrive, LLC’s compliance team for training and monitoring purposes. Full details of how Money to Thrive, LLC collects, stores, protects and uses your personal information may be found in the Money to Thrive, LLC-Client Agreement and in Money to Thrive, LLC’s Privacy Policy (https://moneytothrive.co/privacy).

8.3. Your Coach will never share your data or information with any other third party except when it is directly required to provide the Services you have requested, as outlined above, or where you have given us explicit permission in advance.

8.4. Your Coach shall use appropriate safeguards to maintain the privacy and security of your personal data, as further outlined in Money to Thrive, LLC’s Privacy Policy.

8.5. You can ask your Coach for a copy of the personal information Money to Thrive, LLC holds about you. Money to Thrive, LLC will provide this free of charge, unless your request is repetitive or excessive, in which case Money to Thrive, LLC reserves the right to charge you a reasonable fee.

8.6. You can inform Money to Thrive, LLC of any changes to your personal information, or of any corrections you would like them to make to any of the personal information they hold about you.

8.7. Where Money to Thrive, LLC is using your personal information on the basis of your consent, you are entitled to withdraw that consent at any time.

8.8. Where Money to Thrive, LLC processes your personal information based on legitimate interest or the public interest, you have the right to object at any time to that use of your personal information.

8.9. You may exercise any of the rights set out in paragraph 8.5 by writing to your Coach (by email or by post).  For security reasons Money to Thrive, LLC may ask for proof of your identity before disclosing information about you, or to you, via email or over the telephone.

9. Arbitration

9.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration, in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

10. Indemnification

10.1 Client agrees to full cooperation to supply Money to Thrive, LLC with complete, truthful and timely information when necessary for Money to Thrive, LLC to provide its Product to Client and Client agrees they are solely responsible for the implementation of Money to Thrive, LLC Products including seeking appropriate legal, tax, and other professional advice in implementation. Client agrees to indemnify and hold harmless Money to Thrive, LLC, its owners, officers, directors, employees, agents, successors and assigns (collectively “Money to Thrive, LLC Indemnified Parties”) from any and all liability that may be incurred by Money to Thrive, LLC as a result of its providing advice, management services, templates, education, or other Money to Thrive, LLC Products to Client pursuant to the terms of the agreement and shall reimburse Money to Thrive, LLC for reasonable attorney’s fees or costs resulting from any claim or litigation.

10.2 Client  agrees to indemnify and hold harmless Money to Thrive, LLC Indemnified Parties from and against any and all claims, demands, judgments, orders, losses, damages, costs, charges, liens, debts, fines, or penalties, including attorneys’ fees and consultant fees, arising from or relating to a breach of any of the provisions of this Agreement by Member, or Client’s use of Money to Thrive, LLC Products; provided the indemnified actions do not constitute gross negligence, willful misconduct or material breach of the Agreement on the part of Money to Thrive, LLC.  The terms of this provision shall survive termination of this Agreement.

10.3 Client agrees to indemnify and hold harmless the Money to Thrive, LLC Indemnified Parties from and against any and all claims, demands, judgments, orders, losses, damages, costs, charges, liens, debts, fines, or penalties, including attorneys’ fees and consultant fees, arising from or relating to the Client’s service work to or other interaction or communications with Financial Coaching Clients. Client’s businesses and services are entirely independent of Money to Thrive, LLC and any claims arising from their actions as coaches are not the responsibility of Money to Thrive, LLC and Client indemnify Money to Thrive, LLC against any costs arising from legal actions they incur for themselves.

11. Governing Law

11.1 This agreement shall be governed by the laws of Texas without regard to conflict of law principles. This agreement contains all the understanding of the parties as to this agreement. The sole place of venue for any lawsuit or legal action arising from this agreement shall be Dallas County, Texas. For purposes of any action brought as a result of this Agreement, the Clients use of Money to Thrive, LLC Products, or any other action between the parties, the parties hereby consent to, submit to the personal jurisdiction of and waive any objection to, the exclusive jurisdiction of state court in Dallas County, Texas, and the United States District Court for the District of Texas. The parties further consent to and waive any objection that venue of any action brought as a result of this Agreement or the Clients use of Money to Thrive, LLC Products is proper in the above jurisdictions.

12. Disclaimer of Liability

12.1. Financial coaching is not an activity that is regulated by the Financial

Conduct Authority, and your Coach, as an individual, is not regulated by the Financial Conduct Authority either.  Your Coach will not offer any advice that is regulated or conduct any other regulated activity, such as which funds to invest in, which mortgage or insurance products to purchase or whether or not to transfer a pension. This means that it is your responsibility to ensure that the actions you take as a result of financial coaching are right for you.  You will not be covered by the government’s Financial Services Compensation Scheme or by Money to Thrive, LLC if something goes wrong.

12.2. If you require regulated services, your Coach shall notify Money to Thrive, LLC of your requirements, and shall not directly refer you to any individual or organization that offers or provides regulated financial advice. Instead, Money to Thrive, LLC shall either provide regulated advice or facilitate your referral to a suitable source of regulated advice via Money to Thrive, LLC’s Advisory Services (further details of which are outlined in the Money to Thrive, LLC-Client Agreement).

12.3. If you have more complex needs such that the Services are not suitable, then your Coach shall notify Money to Thrive, LLC of your requirements.

Money to Thrive, LLC will help you find a suitable third party adviser, in accordance with the Money to Thrive, LLC-Client Agreement.

12.4. Your Coach is not responsible for any guidance, advice or recommendations given to you by a third party adviser, including any partner or third party financial advisers to whom you may be referred by Money to Thrive, LLC.  If you choose to speak to a third party adviser, you may have to agree to additional terms and conditions which are independent of and separate to any terms or agreement with Money to Thrive, LLC and/or Money to Thrive, LLC, and you may also have to pay additional charges.

13. Termination of the Services

13.1. Your use of and access to Money to Thrive, LLC Services shall be terminated with immediate effect if:

13.1.1. Your Coach loses their status as a Money to Thrive, LLC Financial Coach (whether due to Money to Thrive, LLC’s decision to cease operating as a Money to Thrive, LLC Financial Coach, or, for any reason.); or

13.1.2. Money to Thrive, LLC terminates your use of the Money to Thrive, LLC

Services in accordance with the Terms of the Money to Thrive, LLC-Client

Agreement; or

13.1.3. You choose to terminate your use of the Services by canceling your subscription, as outlined above.

14. Consequences of termination of the Services

14.1. If termination of the Services is due to your cancellation or non-renewal of your subscription to the Services, your access to the Services will cease upon the expiry of your current subscription, after which you will no longer have access to your Coach or to any of the Money to Thrive, LLC Services.

14.2. If termination of the Services is as a result of your Coach losing their status as a Money to Thrive, LLC Financial Coach then Money to Thrive, LLC shall notify you in writing as soon as practically possible.