Terms of Service

1. Contracting parties

These terms of service shall apply as a legally binding contract between the Provider of Services and its Customers (as defined below). By subscribing to or by using services offered by the Provider of Services or by using the Provider of Service’s website (as defined below), users and Customers enter into and agree to all of the terms and conditions below.

The Provider of Services is:

Klein Data Research UG (haftungsbeschränkt)
Represented by the managing director Dr. Achim Klein –
Schöntaler Str. 43
71522 Backnang
Germany
Commercial register 772668 at the following registration court: Amtsgericht Stuttgart, Germany

Klein Data Research UG (haftungsbeschränkt) is to be referred to as “the Firm” in these terms of service.

2. The Website

All services (as defined below) are offered by the Firm online under the URL https://cryptocaptain.com – to be referred to as “the Website” in these terms of service. The Website may be subject to updates, amendments, or edits by the Firm. The purpose of the Website is to provide information about the Firm’s services, allow Customers to subscribe to and sign up for the Firm’s services, to access information provided along with a service, and to manage a Customer’s service subscription(s). Parts of the Website are accessible without a sign-up (e.g., information about services and the Firm’s blog) while others require a sign-up (e.g., access to the Dashboard and Electronic API, as defined below). Usage of the Website is governed by these terms of service in addition to the Firm’s privacy policy, regarding the handling of personal data, available under https://cryptocaptain.com/legal/privacypolicy_en/.

The Firm continuously makes its best effort to make the Website and services provided through the Website available at all times. However, the Website and services offered by the Firm may become unavailable at scheduled or not scheduled times and at regular or irregular intervals (e.g., due to maintenance) for time spans conditional on technological, economic, personnel, and organizational constraints of the Firm. Furthermore, the Firm makes its best effort to provide access to the Website and its services to as many people as possible while offering an enjoyable user experience. However, the Firm cannot guarantee that the Website and its services will be available in every country or will work with all browsers, devices, and operating systems.

3. Definitions

The following terms shall have the following meaning in these terms of service:

A Customer is a consumer in the sense of section 13 of German BGB, i.e., a Customer is a natural contractually capable person of legal age who enters into these terms of service with the intention to use the Firm’s services for personal and non-commercial purposes that cannot be attributed to their independent professional occupation. A Customer is interested in Investment Recommendations or general recommendations for Market Timing offered via the Firm’s services. A Customer does not seek or require trading or investment advice personalized to their financial, economic, or other kinds of situations from the Firm. Furthermore, a Customer also does not seek or require investment brokerage services or portfolio management services from the Firm.

A Business Customer is a legal entity that is interested in the Firm’s services for commercial purposes. Terms of service for Business Customers are subject to negotiation with the Firm. Please reach out to [email protected] for further information.

Investment Strategy: An Investment Strategy systematically answers one or all of the following questions in a fully automatic, data-driven, algorithmic way without any human interference, especially that of the Firm’s stakeholders:

  • Market Timing:
    • When should a position in the crypto market be opened?
    • When should a position in the crypto market be closed?
    • What type of market position should be opened and/or closed (i.e., a long or a short position)
  • Asset Selection: Regarding which crypto asset should a position be opened and/or closed?

The Firm’s Investment Strategies aim to profit from absolute price momentum (i.e., price trends) and relative price momentum (some assets outperforming others) over several days, weeks, or months using sentiment analysis and quantitative analysis of market data and alternative data. For details concerning the Firm’s Investment Strategies consult our website https://cryptocaptain.com/legal/investment-strategies/

Investment Recommendation: An Investment Recommendation proposes to open or close a position in a specific market or asset. An Investment Recommendation is sent by an Investment Strategy in a fully automated way to subscribing Customers based on codified data-based algorithms developed by the Firm.

Performance Updates: Messages sent to Customers on a weekly basis via the channels defined in section 8, informing Customers about the historic and backtested investment performance of an Investment Strategy.

Billing Cycle: A Billing Cycle is a time period, which begins on the date a Customer is charged for a subscription service and ends one month or one year into the future depending on the Billing Cycle frequency selected by the Customer on the date immediately preceding the date, on which the Customer was charged for the subscription service. As an example, if a Customer is first charged on the 12th of a month for a subscription service and has selected a monthly Billing Cycle frequency, the Billing Cycle for the Customer will end on the 11th of the following month.

The Dashboard is part of the Website of the Firm and accessing it requires a Customer account and valid login credentials. The Dashboard shows the current and historic position(s) of an Investment Strategy, as well as historic and backtested investment performance. Further information regarding Investment Recommendations of crypto assets is available on the Dashboard or can be accessed through it.

The Electronic API gives access to current and historical Investment Recommendations, investment performance data, and market sentiment data.

4. Object of contract

The Firm believes that crypto asset markets are driven by investors’ emotions and sentiments. Online media are believed by the Firm to be a good source of investors’ emotions and sentiments. To automatically assess investors’ postings, opinions, and market predictions in a systematic way, the Firm uses an in-house developed artificial intelligence and algorithms in a big data infrastructure. Changes of the market sentiment are believed by the Firm to be an important factor for timing investments into the crypto asset market. The Firm has developed and offers Customers informational access to Investment Recommendations generated by general algorithmic Investment Strategies that are NOT tailored to the needs and circumstances of a particular Customer and engage in the timing of the crypto asset market and selection of crypto assets using the Firm’s crypto market sentiment alongside market data and other data. Sources to determine market sentiment are experts’ market analyses and predictions on social media and online media (full details remain undisclosed as a business secret).

5. Sign-up of Customers

To use the Firm’s services, Customers are required to sign up and create an account on the Website. During the sign-up process, Customers are required to provide personal data such as their name, a valid email address, country of origin, payment details, as well as to consent to these terms of service and the privacy policy of the Firm. On sign-up, the validity of the provided email address is checked via a confirmation email. By signing up, Customers

  • confirm that they are of legal age in their country of origin and are contractually capable.
  • consent to these terms of service and accept them fully.
  • agree to receive information by the Firm via email and/or other channels (see Section 8) according to Customers’ preferences, both regularly and irregularly. Information provided by the Firm to Customers concerns Investment Recommendations generated by the Firm’s Investment Strategies, investment Performance Updates, and, optionally, with the Customer’s consent, news about the Firm and the services it provides.
  • gain access to the customer Dashboard selected during the sign-up process.

Customers’ personal data is stored electronically and handled according to all applicable laws and the Firm’s privacy protection policy, available under https://cryptocaptain.com/legal/privacypolicy_en/.

6. Obligations of the Customers

Customers are fully responsible for their personal financial situation and their investment or trading decisions. Customers are fully responsible for the outcomes of their investments or trading decisions.

Customers shall not base their investments or trading decisions solely on the information or the Investment Recommendations provided by the Firm, the Website, the Electronic API or the Firm’s Software (as defined below). All Customers shall seek the personal advice of a licensed financial advisor before making investments or trading decisions.

Customers shall keep their login credentials and password for their account on the Firm’s website secret. Customers are not allowed to share their login credentials and passwords with third parties. In case Customers’ login credentials are stolen, Customers are required to change their passwords immediately. It is the sole responsibility of Customers to protect their login credentials.

Customers shall promptly update their account information should a change occur. This holds true especially for their email address and payment details.

Regarding the usage of the Website, the Dashboard, and regarding communication with the Firm, Customers are obligated to always provide correct information. Furthermore, Customers shall not target the Website and the offered services with viruses or other malicious technology, shall not intervene with the proper functioning of the Website and the offered services, shall not scrape or use automatic information extraction tools regarding the information provided on the Website, shall not hack the Website, shall not steal, copy and publish Customers’ data, and shall not copy, publish and re-distribute the Firm’s intellectual property including its software.

Customers shall not publish, reproduce, redistribute, create derivative works from, or use for commercial purposes any information or Investment Recommendations originating from the Firm or generated by the Firm’s Investment Strategies.

If a Customer is found by the Firm or by third parties to have intentionally breached one or more of their obligations, the Firm may, at its discretion, suspend the Customer’s access to subscribed services. In such circumstances, Customers will not be eligible for refunds related to services they can no longer access.

7. Copyright

The Website, the Dashboard, the Electronic API (as defined below), as well as further information provided by the Firm to Customers, in whole or in part, represent intellectual property of the Firm and as such are copyrighted by the Firm in the cases where the author is an employee or representative of the Firm or the content was created automatically by the Firm’s software. Consumers are granted a non-transferable and non-exclusive license to use the information provided by the Firm as part of a subscription only for their personal, non-commercial use. Customers are not allowed to publish, reproduce, re-distribute, duplicate, create derivatives, reverse-engineer, forward, sell, resell, copy the information provided or granted access to as part of paid subscription plans (as defined below) to third parties or to the public.

8. Services offered on the Website

The Firm offers information-based services regarding the crypto asset market or particular crypto assets to Customers under the brand CryptoCaptain as well as other brands as part of subscription plans. Note that CryptoCaptain is a registered trademark by Klein Data Research UG (haftungsbeschränkt) in the EU.

The subscriptions offered by the Firm give access to digital information, such as Investment Recommendations and Performance Updates, generated by the Firm’s Investment Strategies. The offer of the Firm and in particular the Investment Strategies are subject to change at the Firm’s discretion.

An extensive description of the current Investment Strategies offered by the Firm can be found here: https://cryptocaptain.com/legal/investment-strategies/

The Firm provides information regarding its Investment Strategies through the following channels:

  • Email acts as the primary channel through which the Firm sends messages about Investment Recommendations, Performance Updates to Customers, and news regarding the Firm and the Firm’s services. Upon signing up and later via the Dashboard, Customers can select for which categories they would like to receive messages.
  • The Dashboard
  • The Electronic API
  • In the case the Firm makes additional channels available to Customers and where explicit consent has been granted by Customers, Customers may receive information regarding Investment Recommendations, Performance Updates, and news regarding the Firm and the Firm’s services potentially also via Telegram, Discord, SMS, or push messages to mobile devices. Customers subscribing to the Firm’s Discord or Telegram channels or groups are advised to use a username and name that does not expose their real identity or any personal data, as these are visible to other users in the same channels or groups. Regardless of the Discord or Telegram username Customers provide to the Firm, Customers acknowledge and agree that other users in the same channel or group will be able to see their username and name.
  • Third parties (see “12. Services offered via third parties”)

Customers may revoke their consent to receive communications from the Firm at any time, across any communication channel or message category, by updating their preferences in the Dashboard.

9. Subscription plans for services offered on the Firm’s Website

The Firm offers subscription plans to Customers who are interested in information generated by the Firm’s Investment Strategies. The subscription plans are available under: https://cryptocaptain.com/plans/.

All quoted prices are in €. All subscriptions are concluded for a fixed period (i.e., either one month or one year) and are renewed automatically for an additional period under the same terms and conditions as the initial subscription, unless terminated by either the Customer or the Firm prior to the renewal (see Section on Termination). Prices apply to Customers as defined in section 3 and include the value-added tax (VAT) applicable in the Customer’s jurisdiction.

Provision of services, subscription plans, and prices for Business Customers are subject to negotiation with the Firm.

Subscription prices may be changed at any time by the Firm based on reasonable justification upon notifying the Customer via email. Price changes shall come into force with the next periodic monthly or yearly Billing Cycle after the Customer has consented to the price change. Customers will be asked to electronically consent (via email or the Dashboard) to subscription price changes within 4 weeks after receiving a notification regarding the price change. If a Customer fails to consent within 4 weeks of receiving a notification regarding a price change from the Firm or rejects the price change, then the old price will remain valid. However, in such cases the Firm shall have the right to terminate the Customer’s subscription, effective at the end of the current Billing Cycle.

Subscription plan changes and Billing Cycle frequency changes

  • Eligibility and initiation: Customers may request to change their current subscription plan (e.g., upgrade to a higher tier, or change their Billing Cycle frequency from monthly to yearly) at any time, provided their current subscription plan is active. An active subscription plan is one that is not within a trial period (if applicable), has not been paused by the Customer or the Firm, and has not been cancelled. Customers can initiate a plan change request through the designated section in the Dashboard on the Firm’s website.
  • Processing and activation: All subscription plan changes and Billing Cycle frequency changes are processed through the Firm’s third-party payment processor (e.g., Stripe) and are subject to its technical capabilities, calculation methods, and proration rules. Access to the features of the new subscription plan will typically be granted promptly after the plan change request has been successfully processed and confirmed by the payment processor, including the successful collection of any immediate payment, if required.
  • Billing adjustments and proration:
    • Prorated credit: If a Customer changes their subscription plan or the Billing Cycle of their subscription plan before the end of the current Billing Cycle, a prorated credit may be issued for the unused portion of the current subscription plan. This prorated credit is calculated based on the remaining days of the current Billing Cycle and the price of the current subscription plan. Any prorated credit will be automatically applied to the charges for the new subscription plan or new Billing Cycle. Prorated credits are not issued by the Firm as cash refunds to Customers and Customers are not eligible to claim such refunds.
    • Billing: Following any subscription fee charge and the potential deduction by any available prorated credits, subsequent billing for the new plan will occur according to its regular fee structure and Billing Cycle. The first full charge for the new plan may be due once the prorated credit from the former plan has been fully applied, or according to the new Billing Cycle established at the time of the change.
  • Billing Cycle dates:
    • Same frequency change: If the Customer changes to a different subscription plan with the same billing frequency (e.g., monthly or yearly), the payment processor should attempt to maintain the original Billing Cycle date (e.g., the 15th of the month). However, the exact date of the next charge will depend on the available prorated credit and the date the change was initiated.
    • Different frequency change: If the Customer changes to a different Billing Cycle for their current subscription plan or a different subscription plan with a different Billing Cycle frequency (e.g., monthly to yearly), a new Billing Cycle will commence. The new Billing Cycle will start on the date the plan change is finalized. The first charge will generally coincide with the beginning of the new Billing Cycle. However, the first charge may be shifted in the future based on the available prorated credit. Subsequent charges will follow the new Billing Cycle frequency (e.g., annually on the anniversary of the change date).
  • Coupons and discounts: Any recurring promotional discounts or coupon codes that were applied specifically to the Customer’s former subscription plan will not automatically transfer or apply to the new subscription plan upon changing plans. New eligibility for discounts will depend on the terms applicable to the new plan and any ongoing promotions at the time of the change.

10. Usage of the Electronic API

Access to the Electronic API is granted to Customers’ only for personal use. Customers are not allowed to provide their access credentials for the Electronic API to third parties. Providing access credentials to third parties violates these terms of service and the Firm will be eligible to demand compensation for the damages caused by the Customer. Furthermore, access to the Electronic API will be revoked for Customers violating these terms of service.

Customers may use the information and data provided by the Electronic API for their personal information, research, education, investing, or trading purposes. Customers using the Electronic API for investing or trading purposes shall access it only through a software (i.e., investment bot or trade execution software) under the full control of the Customer, that is the software shall be run on a Customer’s personal machine or a machine fully managed and controlled by the Customer and the software run by the Customer shall be under their full operational control and Customer’s shall retain full responsibility for all consequences for using the Electronic API with their software.

Customers shall be fully responsible for deciding whether, when, and how to use the provided information and data by the Electronic API of the Firm.

11. Optional Open-Source Software

Investment bot Software

The Firm may, at its sole discretion, provide access to open-source software designed to connect to the Firm’s Electronic API and facilitate the execution of Investment Recommendations provided via the Electronic API on certain pre-defined crypto exchanges (to be referred as “the Software”). The Firm may also provide informational materials regarding the deployment, installation, maintenance, and use of the Software. The provision of the Software or informational materials does not constitute an obligation for the Firm to offer or maintain it.

Customer responsibility for the Software

Should the Customer choose to utilize the Software provided by the Firm, or any similar software developed or acquired independently by the Customer or obtained from third parties, the Customer bears sole and complete responsibility for it. This responsibility includes, but is not limited to:

  • Hosting the Software on hardware and systems under the Customer’s exclusive control and supervision.
  • The proper deployment, installation, configuration, maintenance, security, and ongoing operation of the Software.
  • Ensuring the Software functions as intended and securely interacts with the Firm’s Electronic API and any third-party crypto exchange accounts.
  • Confirming the execution of any Investment Recommendation provided by the Firm’s Electronic API

12. Services offered via third parties

The Firm may offer its Investment Recommendations via social trading (e.g., wikifolio.de) or investment bot platforms (e.g., bots.io) or signal platforms (e.g., sygnal.ai) or other platforms. In such cases, the Firm will solely act as an electronic information provider and will in no way be involved in and responsible for actions taken by the third parties, their software, and their end customers after the Firm publishes or sends its Investment Recommendations. Furthermore, natural persons and legal entities following the Firm’s Investment Recommendations on third party platforms shall do so only on third party platforms that are eligible to operate in the natural person’s or legal entity’s country of residence and that comply with the regulation by the competent financial regulatory authority in the natural person’s or legal entity’s jurisdiction.

13. Terms of payment

Payments for subscription plans are to be made at the beginning of the Billing Cycle, in which a service offered by the subscription plan is made available to the Customer.

Payments for subscription plans are handled by Stripe, Inc. (referred to as Stripe afterwards). Stripe allows for different payment modalities such as PayPal, credit cards or possibly other means. The terms of service of Stripe and the terms of service of the respective payment providers shall also apply to Customers under these terms of service.

After successfully subscribing to a plan, Customers can download an automatically generated invoice from the account section of the Dashboard on the Firm’s website.

Chargebacks of eligible subscription payments will be charged to the Customer.

In case a recurring subscription payment fails, the Firm may suspend Customers’ access to the subscribed services.

14. Right of revocation

According to section 312g in connection with section 355 BGB, Customers to whom the definition of consumers applies (see section 13 of German BGB), have a right of revocation regarding the services offered by the Firm as follows:

General information

Customers have the right to revoke the contract according to these terms of service within fourteen days without explanation.

The deadline for the right of revocation is fourteen days as of the day of closing the contract.

To execute the right of revocation, Customers must inform the Firm via a written letter mailed to Klein Data Research UG (haftungsbeschränkt), Schöntaler Str. 43, 71522 Backnang, Germany or via an email to [email protected] about their decision to revoke the contract in a clear and unambiguous way. To do so, Customers may use the attached revocation template or express their willingness to revoke the contract in free text form.

To meet the deadline, it is sufficient to send the declaration of revocation before expiration of the deadline for the revocation.

Effects of revocation

If a Customer revokes this contract, Klein Data Research UG (haftungsbeschränkt) is obliged to refund all payments that have been received. If the Customer has requested the provision of services before the deadline for revocation, the Customer must pay an adequate compensation for the services received until the moment of revocation of this contract.

Revocation process

If you want to revoke the contract, please provide the information specified in the revocation form below by filling the form or by sending the information to Klein Data Research UG (haftungsbeschränkt)

via post to:
Klein Data Research UG (haftungsbeschränkt)
Schöntaler Str. 43
71522 Backnang
Germany

or via an email to:
[email protected]

Revocation form

I/We hereby revoke the contract for the provision of services agreed upon with Klein Data Research UG (haftungsbeschränkt), as outlined in the Terms of Service.
Date Service Was Ordered / Date Contract Was Concluded: [Please fill in the date on which you subscribed to the service]
Customer Name: [Please fill in your full name]
Customer Address: [Please fill in your full street address] [City, Postal Code] [Country]
Customer Email: [Please fill in the email address with which you registered for the service]
Date of Revocation: [Please fill in today’s date]
Customer Signature: [Required only if sending a written letter]

15. Duration and termination

Customers may choose to subscribe to the Firm’s services for a duration of one month or one year.

A Customer or the Firm may terminate a Customer’s subscription at any given time. However, the termination will become effective at the end of the current (monthly or yearly) Billing Cycle.

Both parties have a right to immediately terminate a subscription for important reasons in the sense of section 626 of German Civil Code (BGB).

In the case that a subscription is not terminated before the end of the current monthly or yearly Billing Cycle, the subscription will be automatically extended by the original subscription duration (e.g., one month for monthly subscriptions and one year for yearly subscriptions).

To terminate a subscription, Customers are required to cancel their subscription from the account section of the Dashboard on the Firm’s website or by sending an email to [email protected] or by sending a written letter to Klein Data Research UG (haftungsbeschränkt), Schöntaler Str. 43, 71522 Backnang, Germany, clearly expressing their wish to terminate the subscription. The ending date of a subscription will depend on the date when the termination message was received by the Firm (e.g., if the termination message was received after a new Billing Cycle has started, then the termination will become effective at the end of that Billing Cycle).

16. Modifications of the terms of service

The Firm may modify, replace, or add new terms or conditions to these terms of service at any time. In the event of such modification, replacement, or extension Customers will be notified via email. Customers will be asked to electronically consent (via email or the Dashboard) to the modified terms of service. If a Customer does not accept the new terms of service within 4 weeks after being notified, or if a Customer rejects the new terms of service, then the previous terms of service will remain valid. However, in such cases the Firm will be eligible to terminate the Customer’s subscription contract within 4 weeks of the unsuccessful acceptance or within 4 weeks of the rejection of the new terms of service. This termination will become effective at the end of the current Billing Cycle. In case a Customer accepts the new terms of service by expressing their consent via email or in other ways that are digitally recorded and available to the Firm, the new terms of service will govern the contractual relationship between the Customer and the Firm going forward. In case a service offering is discontinued, the Firm will refund subscribing Customers’ fees for the time period that the Customer was eligible to use the service, but the service was unavailable due to it being discontinued. Customers are not eligible for claims extending over the fees refunded by the Firm.

17. Warranties

Information such as Investment Recommendations, datasets, links, and other content provided by the Firm to Customers are believed to be accurate and reliable. The information provided to Customers relies on third party information sources and market data that are believed to be accurate and reliable. However, in no way shall the presentation or provisioning of information to Customers by the Firm be construed as a guarantee of their accuracy, quality, reliability, completeness, timeliness, non-infringement, or truthfulness.

The services, the Website, the Dashboard, the Electronic API, Investment Recommendations, the Software, and information provided by the Firm are provided on an “as is” and “as available” basis without any warranty of any kind and for any purpose of its services, express or implied. The Firm disclaims to the full extent permitted by the applicable law all representations of warranties as to the accuracy, quality, reliability, completeness, timeliness, non-infringement, truthfulness and merchantability for a particular purpose of its service, provided information on the Website, the Dashboard and through the Electronic API, and all warranties or representations arising from custom or usage or by operation of law.

The Firm does not warrant the Website, services, the Dashboard, the Electronic API, and the Software to be available and accessible without errors, without computer viruses or in an uninterrupted way.

18. Information relating to financial regulation

Information (e.g., Investment Recommendations, Performance Updates), datasets, services, the Electronic API, the Website, the Dashboard, the Software, and links provided by the Firm to Customers – directly or via third parties – are intended for informational, educational, and research purposes only and do not constitute and shall not be construed a financial service that requires written permission from the Federal Financial Supervisory Authority (BaFin) according to the German Banking Act (Kreditwesengesetz).

The services of the Firm, the Investment Strategies offered by the Firm, and the information generated by these Investment Strategies (e.g., Investment Recommendations) do not take in any way into account the risk preferences and return preferences of Customers as well as the personal, financial, economic, or other situations of the Customers. The Investment Strategies offered by the Firm and the information generated by these Investment Strategies shall not be considered investment advice under the EU’s applicable regulation and cannot replace consultations with a licensed financial advisor. Therefore, Customers must consult their financial advisor regarding trading and investment opportunities that fit their personal risk and return preferences before conducting investments or trades based on information (such as Investment Recommendations) provided by the Firm, the Website, the Electronic API, or other channels. The information provided by the Firm’s services to Customers is generated automatically by the Firm’s software and does not display personal opinions of stakeholders of the Firm.

The Firm does not broker financial instruments or investment products and shall not be construed as to broker investments or any business involving the purchase, sale or short sale of financial instruments or investment products on behalf of its Customers. The services of the Firm, the Website, the Dashboard, the Electronic API, the Software, Investment Recommendations, and information or data provided by the Firm to Customers – directly or via third parties – do not constitute an offer or solicitation of an offer to buy, sell, short sell, trade, or invest in a particular asset, security, investment product, financial instrument, or crypto asset and may not be construed as such. Furthermore, the Firm throughout its range of services and its service provision does not obtain at any point and in any sort of way control, ownership or possession of Customers’ funds, assets or financial instruments.

Investment Recommendations generated by Market Timing Investment Strategies such as the “Safe Start” or “Bull Market Compass” Investment Strategy refer to the overall crypto market and are not specific to any financial instrument or crypto asset. The Firm may provide examples for illustrative purposes of how Market Timing information can be used for investing in crypto assets (e.g., Bitcoin). However, these examples and recommendations do not constitute and shall not be constituted or construed as investment brokerage, investment advice, trading advice, Investment Recommendation or trading recommendation according to applicable regulation of the EU with regard to buy, sell, short sell, trade, or invest in a particular asset, security, investment product, financial instrument, or crypto asset.

Please note that Investment Strategies may be discontinued or replaced by new Investment Strategies. Furthermore, new Investment Strategies may be made available or the names of existing Investment Strategies may be changed. In this regard, “Safe Start” and “Bull Market Compass“ are only examples of Investment Strategies that the Firm is offering at the time these terms of service were last changed.

All purchases and sales of securities, investment products, financial instruments or assets including crypto assets, and any other kind of investing and trading (including short selling and margin trading) are the sole discretion and the sole responsibility of the Customer.

Investing and trading of securities, investment products, financial instruments and assets including crypto assets is inherently risky. Therefore, please consult the Firm’s risk notice under https://cryptocaptain.com/legal/risknotice-en/ relating to the offered services.

19. Limitation of liability

General Principles

The Firm’s liability towards its Customers is governed by the statutory regulations of The Federal Republic of Germany. The following provisions specify this liability.

The Firm is liable for damages arising from:

  • The intentional or grossly negligent conduct of its legal representatives, employees, and vicarious agents.
  • The slightly negligent conduct of its legal representatives, employees, and vicarious agents that led to culpably caused damages to life, to body or to health.
  • The non-fulfillment of a guaranteed quality of an agreed-upon service.

Investment Recommendations and Financial Outcomes

The Firm provides the Customer with informational access to Investment Recommendations generated by its proprietary Investment Strategies. These recommendations are based on publicly available market data, alternative data, and market sentiment as perceived by the Firm’s artificial intelligence.

  • No Guarantee of Success: This interpretation and the resulting Investment Recommendations may prove to be correct or incorrect. The Firm explicitly does not guarantee that the Investment Recommendations will be successful in achieving any specific objective, such as a particular level of return or volatility.
  • Customer’s Discretion and Risk: It is at the sole discretion of the Customer to decide whether to rely on or act upon the Investment Recommendations. The Firm has no knowledge or control over if, when, or how a Customer uses the provided information.
  • Exclusion of Liability for Financial Loss: Consequently, the Firm shall not be liable for any financial loss or other damages incurred as a result of relying on an Investment Strategy, its generated Investment Recommendations, or other information provided through any of the Firm’s channels (including the Website, Dashboard, email, Discord, Telegram, SMS, mobile app, push messages, or the Electronic API). All financial losses and gains resulting from the use of the Firm’s Investment Strategies and Recommendations remain solely with the Customer.

Use of the Software and Electronic API
The Firm expressly disclaims all liability for any financial losses, damages, or costs arising directly or indirectly from:

  • The Customer’s use, non-use, misuse, configuration, or operation of the Software, the Electronic API, or any other software connected to the Electronic API.
  • The failure of the Electronic API, the Software, or any other software connected to it.
  • Any trading or investment decisions made by the Customer, whether executed manually or automatically.

Service Security and Availability

The Firm expressly disclaims all liability for any financial losses, damages, or costs arising directly or indirectly from:

  • Unauthorized Access: Any unauthorized access to a Customer’s account, unless such access can be traced back to the Firm.
  • Scheduled Maintenance: The unavailability of the Website, Dashboard, Software, or Electronic API due to and during planned maintenance periods.
  • Force Majeure: The occurrence of an event of force majeure.

Third-Party and User-Generated Content

  • External Links: The responsibility for the content of external websites to which the Firm may provide links rests entirely with the owners of those websites. The Firm ensures only that no illegal content could be identified at the time a link to a third-party website or third-party content was set on the Website or provided to Customers. The Firm expressly disclaims all liability for any financial losses, damages, or costs arising directly or indirectly from the Customer’s use of such third-party websites or content.
  • User Content: The Firm is not liable for content provided by Customers in discussion forums or other user-generated content areas.

20. No-cease-and-desist order or warning without contacting us via email

In case a user of the Website, a Customer or a third party considers parts of the Firm’s website or services unlawful or infringing their copyright or trademark, we kindly ask you to send us an email describing the issue to [email protected] and we will resolve it to the best of our abilities in a prompt manner. Not contacting us will be considered a violation of these terms of service.

21. Governing law and venue

These terms of service as well as all the rights and obligations arising from them are exclusively subject to the laws of the Federal Republic of Germany with the exclusion of the conflict-of-law rules of the international private law and the UN sales convention (CISG). The sole legal venue for all disputes arising from these terms of service shall be Backnang, Germany.

22. Escape clause

In case there is a gap in these terms of service or parts of these terms of service are or become unlawful or invalid, terms and conditions that come closest in an economic sense and terms and conditions that express closest the intended sense expressed by these terms of service shall apply. The rest of the terms and conditions expressed herein shall still be effective. 

23. Contact

Klein Data Research UG (haftungsbeschränkt)
Schöntaler Str. 43
71522 Backnang
Germany
[email protected]

The terms of service were last updated on 7 July 2025.