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 our services, by using the provider of service’s website (as defined below) or by using the firm’s services (as defined below), all website users and customers enter into a contract, agreeing to all of the following terms.
The provider of services is:
Klein Data Research UG (haftungsbeschränkt)
Represented by the managing director Dr. Achim Klein –
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
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 its website and services to as many people as possible while offering an enjoyable user experience. However, the firm cannot guarantee that its website and its services will work with all browsers, devices, and operating systems.
A customer is any natural contractually capable person of legal age or legal person using the firm’s services. Customers do not seek or require trading or investment advice personalized to their financial, economic, or other kinds of situations.
Business customers are legal entities (e.g., crypto funds) seeking to improve their investment strategies.
Consumers are natural persons who enter into these terms of service for a purpose that can predominantly neither be attributed to their commercial nor to their independent professional occupation (section 13 of German BGB).
4. Object of contract
The firm believes crypto asset markets to be driven by investors’ emotions and sentiments. A good and readily available source of investors’ emotions and sentiments is online media. 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 form the basis for timing investments into the crypto asset market. The firm has developed and offers customers informational access to general investment strategies, which are not tailored to the needs and circumstances of a particular customer and engage in the timing of the crypto asset market using its crypto market sentiment alongside market 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).
The firm cannot and does not guarantee that the investment actions and trading signals (as defined below) proposed by the artificial intelligence prove successful in the sense of achieving a certain objective regarding, e.g., returns or volatility. The investment actions and trading signals result from available market data and the interpretation of the market sentiment by the artificial intelligence. This interpretation and the proposed investment actions and trading signals may prove correct or incorrect. It is at the sole discretion of the customer whether to rely on the investment actions or trading signals proposed by the firm’s artificial intelligence. The firm insofar exclusively gives the customer access to the investment strategies and proposed investment actions and trading signals and does not guarantee any investment result or investment success when investing on basis of the investment strategies and the investment actions or trading signals proposed by these investment strategies.
The following terms shall have the following meaning in these terms of service:
Long position: A long position is a buyer’s position, which aims to profit from the crypto market’s rising valuation. The most straightforward way to open a long position is to buy crypto assets with fiat money.
Short position: A short position is a seller’s position, which aims to profit from falling market prices. The most straightforward way to open a short position is to borrow the asset for a fee, then sell it at an exchange. Later it is bought back at an exchange, expecting to pay a lower price. The profit is the price difference ex fees (and tax). Finally, the asset is handed back to the lender.
Investment strategy: An investment strategy systematically answers one or all of the following questions:
- Market timing:
i. When should a position in the crypto market be opened?
ii. When should a position in the crypto market be closed?
iii. 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 general approach to investing is characterized by aiming to fully capture profitable market trends over several days, weeks, or months by using sentiment analysis and market data analysis. Investment strategies are exclusively based on publicly available data and do not include any personal circumstances and input of an individual investor.
Long-term investment strategy: A long-term investment strategy usually holds a position for more than one month.
Short-term investment strategy: A short-term investment strategy usually holds a position for less than two weeks.
Market timing investment strategy: A long-only market timing investment strategy tries to determine the most promising times to buy and sell crypto assets to capture price increases during a bull market to the fullest extent possible.
A long-short market timing investment strategy means to buy into anticipated price uptrends and sell at the anticipated end, and to short the market when a downtrend is anticipated and close the position at the end of the downtrend.
Investment action / trading signal: An investment action or trading signal proposes to open or close a position in a specific market or asset. An investment action or trading signal is sent by an investment strategy.
Buy signal: A buy signal means that an investment strategy bought crypto assets to open a long position.
Sell signal: A sell signal means that an investment strategy sold crypto assets to close a long position.
Short signal: A short signal means that an investment strategy sold crypto assets short to open a short position.
Out signal: An out signal means that an investment strategy closed an open position. That is, in the case of a long position, the asset was sold. In the case of a short position, the asset was bought back.
Billing month: A billing month is a time period, which begins on the date a customer is charged for a subscription service and ends one month into the future 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 the billing month will end on the 11th of the following month.
6. Sign-up of customers
Customers’ personal data is stored electronically and handled according to all applicable laws and the firm’s privacy protection policy, available under https://www.cryptocaptain.com/legal/privacypolicy_en/.
7. 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.
Business customers are fully responsible and liable for the services or products they offer to their customers using the information provided by the firm.
Customers agree not to base their investments or trading decisions solely on the information provided by the firm, the firm’s website, or the firm’s software. 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 agree to 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, not to target the website and the offered services with viruses or other malicious technology, not to intervene with the proper functioning of the website and the offered services, not to scrape or use automatic information extraction tools regarding the information provided on the website, not to hack the website, not to steal, copy and publish customers’ data, and not to copy, publish and re-distribute the firm’s intellectual property including its software.
Customers agree not to cite, publish, reproduce, re-distribute, or create derivatives of information provided by the firm or employees of the firm in a manner that seems to imply that the firm advocates for a particular point of view or that the firm shares a particular point of view with the customer.
The website, dashboard, electronic API (as defined below), as well as further information provided by the firm to its customers, in whole or in part, 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. Business customers are granted a non-transferable non-exclusive worldwide license to use the information provided by the firm for their business use by their software and all their employees. All 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.
9. Services offered on the firm’s website
The firm offers information-based services regarding the crypto market to consumers and business customers under the brand CryptoCaptain. CryptoCaptain is a registered trademark by Dr. Achim Klein in EU countries.
The firm offers subscriptions, which give access to different investment strategies in different forms and different channels to both, consumers and business customers.
The investment strategies covered by the subscriptions are the Bull Market Compass (BMC) and the Bull Market Compass Plus (BMCP). (1) The Bull Market Compass is a long-term oriented investment strategy for market timing, using long positions only. (2) The Bull Market Compass Plus is a short-term oriented investment strategy for market timing, using long and short positions. Additionally, the firm may offer cryptocurrency-specific investment strategies for timing or selecting and recommending cryptocurrencies or crypto assets as part of existing or new subscription plans. All investment strategies of the firm are fully automated by the firm’s software and not subject to human intervention.
The forms by which customers can gain access to the investment strategies offered by the firm are:
- Investment Actions / Trading Signals as defined above.
- Performance Updates: messages sent to customers on a weekly basis via the channels defined below, informing customers about the historic and backtested investment performance of an investment strategy.
- Investment Bot: software that connects to the firm’s electronic API (as defined below) and enables the automatic execution of investment actions and trading signals on a pre-defined set of crypto exchanges. The software shall only be executed under the supervision and full control of the customer on a machine in full control of the customer. The software may be developed or acquired by the customer or provided to the customer by the firm.
The channels through which the firm provides information regarding its investment strategies are
- Email and Discord are used to send messages containing investment actions and trading signals, performance updates to customers, and news regarding the firm and the firm’s services.
- The Dashboard is part of the website of the firm and accessing it requires a customer account. Regarding an investment strategy, it displays underlying market sentiment used by an investment strategy, the current position of an investment strategy, and historic and backtested investment performance.
- Notifications on mobile phones may be optionally used to inform customers about investment actions / trading signals.
- Electronic API gives access to current and historical investment actions, trading signals, investment performance data, and market sentiment data.
- Third parties (see “12. Services offered via third parties”)
10. Subscription plans for services offered on the firm’s website
The firm offers the following plans to subscribe to access to informational services.
Crypto market sentiment barometer
+ Bull Market Compass signals for free while we are still in BETA
Crypto market sentiment barometer
All investment signals
Signals via Email & API
Tailored solutions for enterprises
All quoted prices are in €. New customers, who subscribe for any of the paid plans receive one free, i.e., trial, month for testing starting on the day the subscription was made. During the trial month customers are allowed to cancel their subscription at any given time by sending an email to [email protected] or by sending a written letter to Klein Data Research UG (haftungsbeschränkt), Nachsommerweg 9, 70437 Stuttgart, Germany, clearly expressing their wish to cancel their subscription. All subscriptions are concluded for an indefinite period of time. Prices are for consumers and include value-added tax (VAT). Prices for business customers are subject to negotiation.
Subscription prices may be changed at any given time by the firm upon notifying the customer via email. Price changes shall become effective at least 8 weeks after the customer has been notified of the price change when the next periodic monthly or yearly billing is due. As a date of the notification shall be considered the date, on which the email notifying the customer of the change has been sent. Note that customers are eligible to terminate their subscription within 8 weeks after receiving a notification regarding price changes by sending an email to [email protected] or by sending a written letter to Klein Data Research UG (haftungsbeschränkt), Nachsommerweg 9, 70437 Stuttgart, Germany, clearly expressing their wish to cancel the subscription.
Customers can upgrade their subscription to a higher-end subscription plan at any given time. In the case of an upgrade, customers shall receive instant access to the features, included in the new subscription plan. Price changes shall become effective with the next periodic billing of a subscription.
Customers can request a downgrade to a lower-end subscription plan at any given time. In the case of such a request, changes to the services provided by the firm and the billing amount will become effective at the beginning of the next subscription period.
Customers can switch from a monthly to a yearly subscription at any given time. In this case, the beginning of the next billing month will be considered as the beginning of the yearly subscription.
11. Usage of the electronic API
Access to the electronic API is only granted to consumers’ personal use or to business customers’ use within their organization. Customers are not allowed to provide their access information for the electronic API to third parties. Giving access information 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 or organizational 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 machine or a machine controlled by the customer. Software for automatic trade execution or investing may be developed or acquired by the customers. Furthermore, the firm may provide automatic trade execution software or investment bot software coupled to the firm’s electronic API as open-source including information on how to deploy, install, maintain, and use the software.
Customers are fully responsible to decide whether, when, and how to use the provided information and data by the electronic API of the firm as well as whether, when, and how to use the trade execution software or investment bot software provided by the firm.
12. Services offered via third parties
The firm may offer its investment actions or trading signals via social trading (e.g., wikifolio.de) or investment bot platforms (e.g., cryptohopper.com). 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 customers after the firm publishes its investment actions or trading signals. Furthermore, customers of the firm shall use the firm’s investment actions or trading signals at all times through third parties that are eligible to operate in the customer’s country of residence and comply with the regulation by the competent financial regulatory authority in the customers’ jurisdiction.
13. Terms of Payment
Each paid subscription plan is to be paid at the beginning of a billing month, in which a service offered by a subscription plan is made available to the customer.
Payments for subscriptions are handled via PayPal and PayPal’s Website, allowing for different payment modalities. When using PayPal, PayPal’s terms of service apply.
Upon successful subscription, customers receive an automatically generated invoice via email.
Chargebacks of eligible subscription payments will be charged to the customer.
In case recurring subscription payments fail, the firm may suspend access of the customer to subscribed services.
14. Right of Revocation
According to section 312g in connection with section 355 BGB, consumers have a right of revocation with regard to the services offered by the firm as follows:
Consumers 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 of the contract.
In order to execute the right of revocation, consumers must inform the firm via a written letter mailed to Klein Data Research UG (haftungsbeschränkt), Nachsommerweg 9, 70437 Stuttgart, Germany or via an email to [email protected] about their decision to revoke the contract in a clear and unambiguous way. To do so, consumers may use the attached revocation template or express their willingness to revoke the contract in free text form.
For meeting the deadline it is sufficient to send the declaration of revocation before expiration of the deadline for the revocation.
Effects of revocation
If consumers revoke this contract, Klein Data Research UG is obliged to refund all payments that have been received. If the consumer has requested the provision of services before the deadline for revocation, the consumer must pay an adequate compensation for the services received until the moment of revocation of this contract.
If you want to revoke the contract please fill in this template and send it back to Klein Data Research UG (haftungsbeschränkt):
via post to:
Klein Data Research UG (haftungsbeschränkt)
or via an email to:
with the following information:
- I/we hereby revoke the contract on the provision of services as set out in the terms of service of Klein Data Research UG (Haftungsbechränkt).
- Ordered on (fill in date)
- Name of consumer: (fill in name)
- Address of consumer: (fill in address)
- Signature of consumer (only in case of revocation in paper form)
- Date: (fill in date)
Customers may choose to subscribe for the firm’s services for a duration of one month or one year.
Each party may terminate a customer’s subscription at any given time, effective at the end of the current monthly or yearly subscription period.
Both parties have a right to immediately terminate the contract for important reasons in the sense of section 626 of German BGB.
In the case that a subscription is not terminated or a termination message was not received within the specified time period, 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 send an email to [email protected] com or send a written letter to Klein Data Research UG (haftungsbeschränkt), Nachsommerweg 9, 70437 Stuttgart, Germany, clearly expressing their wish to terminate the subscription. The date when the termination message is received by the firm will determine the ending date of a subscription as described above.
16. Modifications of 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. In the case that customers do not respond via email within 4 weeks, rejecting the proposed new terms of service, the firm will assume that customers agree to the new terms of service and the new terms of service will govern the contractual relationship between the customer and the firm. Furthermore, in the case that customers do not agree to the modified, altered or replaced terms of service, they are eligible to terminate their subscriptions or paid plans until the end of the next billing month by sending an email to [email protected] or by sending a written letter to Klein Data Research UG (haftungsbeschränkt), Nachsommerweg 9, 70437 Stuttgart, Germany, expressing their wish to terminate their subscription related to the modified terms of service.
In case a service offering is discontinued, the firm will provide back subscribing customers’ fees only in part for the time period that the customer was eligible to use the service but the service was unavailable due to being discontinued. Customers are not eligible for claims extending over the fees paid back by the firm.
Information such as investment actions, trading signals, 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 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, website, dashboard, electronic API, investment actions, trading signals, and information of 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 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 or the website, dashboard and its 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, dashboard, electronic API to be available and accessible without errors, without computer viruses or in an uninterrupted way.
18. Information relating to financial regulation
The firm and the firm’s service offerings are not regulated by the Federal Financial Supervisory Authority (BaFin) or by any other financial regulatory authority because the services offered do not constitute financial or banking services as defined in the German Banking Act (Kreditwesengesetz). That is, the firm is not registered as a financial advisor or as a provider of investment recommendations.
Information (e.g., trading signals, investment actions, performance updates), datasets, services, electronic API, the website, dashboard, 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 according to the provisions of the applicable financial regulation with regard to buy, sell, short sell, trade, or invest in a particular asset, security, financial instrument, or crypto asset.
The website, the dashboard, electronic API, services offered by the firm including investment strategies, investment actions, and trading signals, 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, financial instrument, or crypto asset and may not be construed as such.
The market timing investment strategies’ information provided by the firm to customers via all channels (including via third parties) refers to the overall crypto market and is 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). In no case, examples shall be considered a financial service according to the provisions of the applicable financial regulation with regard to buy, sell, short sell, trade, or invest in a particular asset, security, financial instrument, or crypto asset.
In case the firm offers cryptocurrency-specific strategies for timing or selecting specific crypto assets or cryptocurrencies, these strategies provide information (e.g., investment actions or trading signals) to customers that does not constitute investment advice, trading advice, trading recommendation or investment recommendation in the sense of the Market Abuse Regulation (MAR, EU directive No. 596/2014) because cryptocurrencies and crypto assets are not considered financial instruments (in the sense of MiFID II, EU directive 2014/65/EU).
The services of the firm, the offered investment strategies and the information the investment strategies provide (e.g., trading signals and investment actions) in an automatic manner – directly or via third parties – do not take in any way into account the risk preferences and return preferences of customers and do not take in any way into account the personal, financial, economic, or other situation of customers. The investment strategies offered by the firm and information provided by these investment strategies cannot replace consultations with a licensed financial advisor. Therefore, customers have to 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 actions and trading signals) provided by the firm, its website, electronic API, or other channels. The information provided by the services of the firm to customers is generated automatically by the firm’s software and does not display personal opinions of stakeholders of the firm.
All purchases and sales of securities, financial instruments, assets, cryptocurrencies or 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, financial instruments, cryptocurrencies, and crypto assets is inherently risky. Therefore, please consult the firm’s risk notices under https://www.cryptocaptain.com/legal/risknotice-en/ relating to the offered services.
19. Limitation of liability
The firm will be liable vis-à-vis its customers in accordance with the statutory regulations for the intentional or grossly negligent conduct of its legal representatives, employees, and vicarious agents.
The firm shall furthermore be liable vis-à-vis its customers for damages that result from the slightly negligent conduct of their employees, legal representatives and vicarious agents that led to culpably caused damages to life, to body or to health or that result from the breach of an essential contractual obligation or from the unfulfillment of a guaranteed quality of an agreed upon service.
An essential contractual obligation in the sense of the previous clause is a contractual obligation of the firm, the fulfillment of which enables proper implementation of these terms of service and which the customer can trust to be performed and if breached by the firm may jeopardize attainment of the contractual purpose.
The firm shall not be liable in case of an unauthorized access to a customer’s account without the customer’s consent unless the unauthorized access can be traced back to the firm. The firm shall not be liable in case the website, the dashboard or informational services, or services or electronic API are unavailable in case of and during intended maintenance.The firm will not be liable in the event of occurrence of force majeure.
According to these Terms of Service, the firm grants the customer informational access to investment actions and trading signals of its investment strategies. The investment actions and trading signals proposed by the investment strategies result from available market data and the firm’s artificial intelligence and its interpretation of a market sentiment, which may prove correct or incorrect. The firm explicitly does not guarantee that the investment actions and trading signals prove successful in the sense of achieving a certain objective such as a certain level of return or volatility or other measure. It is at the sole discretion of the customer whether to rely or act on investment actions and trading signals proposed by an investment strategy of the firm or not. Furthermore, the firm does not know whether, when and how customers will use the provided information and data by the electronic API of the firm as well as whether, when and how customers may use the trade execution software or investment bot software provided by the firm. The firm shall, therefore, be not liable for any financial loss or other damage as a result of relying on an investment strategy of the firm, the proposed investment actions or trading signals or other information submitted on any channel such as the firm’s website, dashboard, email, discord, electronic API, or via third parties. All financial losses or other losses as well as financial benefits in case of using the investment strategies of the firm for investment or trading purposes will remain with the customer.
The full responsibility regarding content of external websites, to which the website and material or messages provided by the firm to customers may provide links, is with the owner of such external 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 shall not be liable for damages or claims arising when customers use links provided by the firm. Also, the firm shall not be liable for content provided by customers in discussion forums.
20. No-cease-and-desist order or warning without contacting us via email
In case a website user, 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). If a customer acts as a consumer, the mandatory consumer protection regulations of the state in which the consumer takes his or her habitual residency are applicable if they offer further protection for the consumer. The sole legal venue for all disputes arising from these terms of service shall be in Stuttgart, 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 the intended sense expressed by these terms of service closest shall apply and the rest of the terms and conditions expressed herein shall still be effective.
Klein Data Research UG (haftungsbeschränkt)
The terms of service were last updated on 17 August 2020