Terms and Conditions (T&C)

for the use of the digital services of Kunkel Capital

Provider: Bellecony UG (haftungsbeschränkt), trading under the brand “Kunkel Capital”
Kommandantenstraße 78, 10117 Berlin, Germany
Commercial Register: Local Court (Amtsgericht) Berlin Charlottenburg, HRB 197630 B
VAT ID: DE318761946
E-Mail: support@kunkelcapital.com
Phone: +49 30 54907860
Web: kunkelcapital.com

§ 1 Scope and Definitions

1. These Terms and Conditions (hereinafter “T&C”) govern the legal relationship between Bellecony UG (haftungsbeschränkt) (hereinafter “Kunkel Capital”, “we”) and natural persons who use the digital content and services provided by Kunkel Capital (hereinafter “Customer”, “you”).
2. Our services are exclusively directed at consumers within the meaning of § 13 BGB (German Civil Code). Legal entities are excluded.
3. Deviating, conflicting, or supplementary terms and conditions of the customer do not apply, unless Kunkel Capital has expressly agreed to their validity in writing.

§ 2 Subject Matter of the Contract

1. Kunkel Capital provides digital content and services, in particular market analyses, charts, trading signals/setups with entry and exit zones, target zones, stop levels, and notifications (e.g. via the website or in-app/push; hereinafter “Analyses & Signals”).
2. The content is provided for informational and educational purposes only. It does not constitute investment advice, investment recommendations, an invitation to buy or sell financial instruments, or portfolio management within the meaning of the WpHG/WpIG or comparable laws. Customers make trading decisions independently and at their own risk.
3. For clarification: none of the content constitutes a recommendation within the meaning of § 34b WpHG or § 85 WpHG.
4. Services are offered worldwide.
5. Contract language is English. Analyses & Signals are generally provided in English.

§ 3 Registration, Customer Account and Contract Conclusion

1. Access to paid services requires the registration of a customer account. Customers are obliged to provide truthful and complete information and to update any changes without delay.
2. Contract conclusion: The presentation of products/subscriptions on the website does not constitute a binding offer. Only the customer’s order constitutes a binding offer. After submitting the order, the customer receives an acknowledgment of receipt by e-mail. The contract is concluded upon payment confirmation, activation of the service, or receipt of a contract/order confirmation by e-mail.
3. The contract text (order data, T&C, and confirmation) will be provided to the customer on a durable medium (e-mail/PDF) and stored in compliance with data protection regulations.
4. Kunkel Capital may refuse registration or orders for legitimate reasons.

§ 4 Subscriptions, Initial Term, Renewal Term and Termination

1. Services are offered as subscriptions. Customers may choose between 1 month, 3 months, 6 months, or 12 months (initial term).
2. Unless terminated in due time, the subscription automatically renews for the same period as the initial term (renewal term). Example: if the customer selects a 12-month subscription, it will automatically renew for another 12 months unless canceled.
3. Termination: The customer may terminate the subscription at any time no later than 3 days before the end of the initial term or renewal term via the customer account or by e-mail to support@kunkelcapital.com, effective at the end of the respective term.
4. If the subscription is not terminated in due time, it automatically renews for the renewal term.
5. The statutory right of termination for cause remains unaffected.
6. After the end of the contract, access to restricted content expires. The customer account may be deleted separately.
7. For subscriptions with automatic renewal, a cancellation button in accordance with § 312k BGB will be provided.

§ 5 Prices, Taxes, Payment and Due Date

1. The prices applicable at the time of order apply (gross prices including VAT, where applicable).
2. Payment processing is carried out exclusively via Stripe Payments Europe, Ltd. (Ireland). The Stripe terms and conditions apply (stripe.com/terms).
3. The fee is payable in advance for the selected initial term or renewal term.
4. In case of payment default, Kunkel Capital may suspend access until payment is made. In the case of SEPA direct debit returns caused by the customer, the customer bears any resulting bank fees.
5. Price changes do not affect ongoing terms. The prices valid at the time of renewal apply to renewal terms.

§ 6 Provision, Availability and Technical Requirements

1. Access to digital content is provided via the customer account (web/app) and, where applicable, additionally via e-mail.
2. Availability: Kunkel Capital strives for an average annual availability of at least 98%. Scheduled maintenance, force majeure, and outages within the customer’s responsibility are excluded.
3. Technical requirements: Internet access, an up-to-date browser, and a compatible device are required. The customer is responsible for these.
4. Kunkel Capital may update, modify, or replace content, functions, and interfaces where necessary for security, error correction, improvement, or compliance, taking due account of the customer’s interests.
5. Updates pursuant to §§ 327 ff. BGB: Kunkel Capital provides necessary updates to maintain contractual conformity. Additional functional enhancements are not owed.
6. Push/Alert Services: Delivery of notifications (e.g. e-mails, push messages) depends on third-party providers and technical conditions. There is no entitlement to flawless or immediate delivery.

§ 7 Usage Rights

1. All content is protected by copyright. Subject to full payment, Kunkel Capital grants a simple, non-transferable, non-sublicensable right to use the content for private purposes during the contract term.
2. Prohibited in particular: sharing, publication, systematic extraction, duplication beyond intended use, commercial exploitation, account sharing.
3. Customers must keep login data confidential. In case of misuse, Kunkel Capital may block or terminate the contract.

§ 8 Scope of Services, Risks and Conflicts of Interest

1. The scope of services depends on the selected package. No claim to a specific number or frequency of analyses exists.
2. Analyses & Signals are based on assumptions and historical data. No success is owed.
3. Trading financial instruments, particularly derivatives or crypto assets, involves significant risks up to total loss.
4. Kunkel Capital or related persons may hold positions in mentioned assets. Content is created independently. Legal disclosure obligations are observed.

§ 9 Support and Communication

1. Support is provided exclusively via e-mail at support@kunkelcapital.com.
2. No telephone support or individual financial advice is provided.
3. Requests will be answered within a reasonable time, usually on business days.

§ 10 Warranty (Digital Products)

1. For digital content, §§ 327 ff. BGB apply. In the event of defects, the customer is entitled to rectification. If this fails, rights to reduction or termination apply.
2. Customers must report recognizable defects without undue delay.
3. For consumers, statutory warranty rights apply without limitation.

§ 11 Right of Withdrawal for Consumers

Withdrawal Policy
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period begins on the day of contract conclusion.
To exercise your right, you must notify us (Bellecony UG (haftungsbeschränkt), Kommandantenstraße 78, 10117 Berlin, Germany, e-mail: support@kunkelcapital.com) with a clear statement (e.g. letter or e-mail).

Consequences: If you withdraw, we will refund all payments received within 14 days. Refunds will be made using the same payment method.

Exclusion: The right of withdrawal expires once we have begun executing the digital content and you have expressly consented and acknowledged that you thereby lose your right of withdrawal.

Sample Withdrawal Form
– To BELLECONY UG (haftungsbeschränkt), [insert address], e-mail: support@kunkelcapital.com
– I hereby withdraw from the contract concluded by me for the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name and address of consumer
– Signature (only if on paper)
– Date
(*) Delete as applicable

§ 12 Liability

1. Kunkel Capital is liable for intent and gross negligence.
2. For simple negligence, liability exists only for material contractual obligations and is limited to foreseeable, typical damages.
3. Exceptions: injury to life, body, health, product liability, guarantees, fraudulent concealment.
4. No liability for third-party content or the customer’s trading decisions.
5. The liability limitations also apply to employees and agents.

§ 13 Data Protection

The privacy policy on the website applies.

§ 14 Amendments and Communication

1. Amendments may be made for valid reasons (e.g. legal changes, security, new services) and will be notified at least 2 weeks in advance. If the customer does not object, the changes are deemed accepted.
2. Price and service changes are made at equitable discretion.
3. Communication may be made by e-mail unless stricter form is required by law.

§ 15 Free Trials and Promotions

Free trial periods or promotions may be changed or discontinued at any time. There is no entitlement to their continuation.

§ 16 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS). Kunkel Capital does not participate in consumer arbitration proceedings.

§ 17 Applicable Law and Jurisdiction

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection laws of other countries remain unaffected.
2. If the customer has no residence within the EU, jurisdiction is Berlin.

§ 18 Final Provisions

1. Severability clause: Should any provision be invalid, the remainder of the contract remains effective.
2. No oral side agreements exist. Amendments require text form.

Version: 1st October 2025