Terms and Conditions
1. Scope of Application and Contractual Relationship
These General Terms and Conditions (Allgemeine Geschäftsbedingungen or AGB) govern the complete contractual relationship between LYVA INVEST, operated by Olivia Kubon as a sole proprietorship with principal place of business at Kurhausstraße 27, 97688 Bad Kissingen, Germany, and clients engaging our professional investment advisory services. By initiating contact with LYVA INVEST, requesting consultation, engaging our advisory services, or executing any service agreement with LYVA INVEST, you acknowledge that you have read, understood, and unconditionally agree to be bound by these terms in their entirety.
These terms apply to all forms of advisory services provided by LYVA INVEST, including but not limited to: comprehensive investment advisory services covering real estate opportunities, portfolio strategy development and implementation guidance, asset allocation recommendations, alternative investment facilitation including art investment through institutional partners, off-market deal sourcing and evaluation, due diligence support, market research and analysis, strategic wealth planning consultations, and any other advisory services provided in connection with capital allocation and wealth building strategies.
The relationship between LYVA INVEST and client is strictly advisory in nature. LYVA INVEST does not execute transactions on behalf of clients, does not take custody or control of client assets, does not act as a broker or dealer in securities, does not directly facilitate real estate transactions as a licensed real estate agent, and does not provide legal, accounting, or tax advice requiring specialized professional licenses in those respective fields. Our role is exclusively to provide strategic guidance, market intelligence, opportunity access, and professional opinions regarding investment decisions that remain ultimately within the sole discretion and control of the client.
These terms supersede any prior understandings, agreements, representations, or communications between LYVA INVEST and client, whether written or oral. No modification, amendment, or waiver of any provision of these terms shall be valid unless made in writing and signed by an authorized representative of LYVA INVEST. Continued engagement of our services following any modification to these terms constitutes acceptance of the modified terms.
Individual service agreements may contain additional terms specific to particular engagements or service types. In the event of conflict between these general terms and specific service agreement provisions, the specific service agreement terms shall prevail with respect to that particular engagement, while these general terms shall continue to govern all other aspects of the client relationship.
2. Services Provided and Service Limitations
LYVA INVEST provides professional investment advisory services across three primary domains: premium real estate investment opportunities in strategic German locations including Munich, Frankfurt, and other economically significant metropolitan areas; comprehensive portfolio strategy, construction, and ongoing advisory covering traditional securities, alternative investments, and strategic asset allocation; and facilitated access to institutional-grade art investment opportunities through verified partnerships with regulated art investment platforms, primarily Opus.
Our real estate advisory services include: identification and evaluation of off-market real estate opportunities; market analysis for specific properties and locations; investment thesis development and risk assessment; introduction to financing options and financial structure recommendations; connection with qualified real estate attorneys, inspectors, and other transaction specialists; and ongoing market intelligence regarding real estate trends, valuations, and opportunities. We do not act as licensed real estate agents or brokers and do not directly facilitate property transactions, handle earnest money, or execute real estate contracts.
Portfolio advisory services encompass: comprehensive financial situation assessment and goal clarification; strategic asset allocation recommendations tailored to individual risk tolerance and objectives; specific investment recommendations across asset classes including equities, fixed income, alternative investments, and other vehicles; portfolio construction guidance and implementation strategies; ongoing monitoring and periodic rebalancing recommendations; and strategic adjustments responsive to changing market conditions or personal circumstances. We do not execute trades, hold client funds, or act as custodian for client assets.
Art investment services include: education regarding the art investment landscape and market dynamics; facilitation of access to institutional art investment platforms offering fractional ownership of museum-quality artwork; due diligence support for art investment opportunities; valuation context and market analysis for specific artists and periods; and strategic guidance regarding art as an alternative asset class. We rely on licensed partners for actual art investment facilitation and transaction execution.
All services are advisory only. LYVA INVEST provides recommendations, opinions, analysis, and strategic guidance. Implementation of any recommendations remains entirely within client discretion and control. Clients are solely responsible for all investment decisions, transaction execution, compliance with applicable laws and regulations, tax consequences, and ongoing management of their investment portfolios.
LYVA INVEST does not provide legal advice, tax advice, accounting services, or any services requiring specialized professional licenses beyond investment advisory services. Clients requiring such specialized services are strongly encouraged to engage appropriately licensed professionals in those respective fields. When appropriate, LYVA INVEST may provide referrals to qualified professionals, but such referrals do not constitute endorsements and clients should perform their own due diligence when selecting service providers.
3. Commencement and Nature of Advisory Relationship
The advisory relationship between LYVA INVEST and client formally commences upon mutual agreement following an initial consultation or discovery meeting. This initial consultation serves to assess compatibility, clarify service needs, discuss fee structures, review client objectives and circumstances, and ensure mutual understanding of the advisory relationship scope and limitations.
LYVA INVEST reserves the right to decline advisory relationships for any reason, including but not limited to: determination that our services are not suitable for the prospective client's needs or circumstances; potential conflicts of interest that cannot be adequately managed; client objectives or strategies that conflict with our investment philosophy or professional standards; insufficient asset levels to justify our advisory fees; or any circumstance where we believe we cannot provide meaningful value or where the relationship would not be appropriate.
The advisory relationship is non-exclusive. Clients are free to engage other advisors, consultants, or service providers. LYVA INVEST may provide services to multiple clients with similar investment interests or objectives, provided we manage any resulting conflicts of interest appropriately and maintain strict confidentiality for all client information.
Advisory relationships are based on mutual trust, transparent communication, and shared commitment to the client's long-term financial success. Success of the relationship depends significantly on the quality of information provided by the client. Clients are expected to provide complete, accurate, and timely information regarding their financial situation, investment objectives, risk tolerance, time horizon, liquidity needs, tax circumstances, and any other factors material to investment advice.
Failure to provide accurate and complete information may result in advice that is unsuitable for the client's actual circumstances, potentially leading to investment losses or missed opportunities. Clients are obligated to promptly inform LYVA INVEST of any material changes in financial situation, investment objectives, risk tolerance, or other circumstances that might affect the suitability of ongoing advice or previously implemented strategies.
LYVA INVEST will make reasonable efforts to verify information provided by clients, but ultimately relies on client representations regarding financial circumstances, investment experience, and personal situation. Clients represent and warrant that all information provided is accurate, complete, and current, and agree to hold LYVA INVEST harmless from any consequences arising from inaccurate, incomplete, or outdated client information.
4. Fees, Compensation, and Payment Terms
Compensation for LYVA INVEST advisory services is discussed transparently and agreed upon before any advisory relationship commences. Fee structures are tailored to the specific nature, scope, and complexity of services provided and may vary based on asset levels, service requirements, relationship complexity, and other relevant factors.
Standard fee structures include: (1) Fixed retainer fees for defined advisory engagements or ongoing comprehensive advisory relationships, typically billed quarterly or annually in advance; (2) Assets under advisement (AUA) fee arrangements calculated as a percentage of assets for which we provide advisory services, typically ranging from 0.5% to 2.0% annually depending on asset levels and service scope; (3) Project-based fees for specific engagements such as property evaluation, portfolio review, or strategic planning projects; (4) Success-based or performance-related fees for certain transaction advisory services where appropriate and permitted by applicable regulations; or (5) Hybrid fee arrangements combining elements of the above structures.
All fee arrangements are clearly documented in individual service agreements executed before services commence. Fee agreements specify the exact fee structure, payment schedule, invoicing procedures, and any conditions affecting fee calculations. Clients will not be charged fees beyond those explicitly agreed upon in writing without advance notice and consent.
Unless otherwise specified in individual service agreements, fees are due within 14 days of invoice date. Invoices are provided via email and include detailed descriptions of services rendered and fee calculations. Late payment may result in suspension of advisory services and potential termination of the advisory relationship. LYVA INVEST reserves the right to charge interest on overdue balances at the maximum rate permitted by German law.
Fees paid to LYVA INVEST are for advisory services only. Additional costs frequently arise in connection with investment implementation, including but not limited to: brokerage commissions and transaction fees when executing securities trades; real estate transaction costs including notary fees, transfer taxes, agent commissions, and legal fees; art transaction costs including platform fees, authentication costs, insurance, and transportation; third-party due diligence costs including property inspections, appraisals, and financial analysis; legal and tax advisory fees for specialized professional services; and custody fees charged by financial institutions holding client assets.
These additional costs are the responsibility of the client unless explicitly agreed otherwise in writing. LYVA INVEST will make reasonable efforts to ensure clients understand the full cost implications of recommended strategies, but clients are responsible for understanding all fees, expenses, and transaction costs associated with implementation of investment recommendations.
In certain circumstances, LYVA INVEST may receive compensation from third parties in connection with client transactions or advisory services. Such arrangements are always disclosed to clients before recommendations are made. These arrangements do not increase client costs and may include: referral fees from art investment platforms for clients who establish accounts; finder's fees or referral compensation from real estate professionals or financing sources; or compensation from investment platforms or products recommended to clients. All such arrangements are disclosed transparently and clients are free to pursue alternatives if preferred.
5. Confidentiality and Data Protection
LYVA INVEST maintains strict confidentiality regarding all client information, financial data, investment positions, strategies, objectives, and personal circumstances. This confidentiality obligation is fundamental to the advisory relationship and applies to all information obtained during the course of our advisory engagement, regardless of whether such information is specifically designated as confidential.
Client information is only disclosed in the following limited circumstances: (1) With explicit written consent of the client for specific disclosures; (2) To service providers or professionals engaged to support our advisory services, such as specialized analysts, legal counsel, or technical consultants, subject to appropriate confidentiality obligations; (3) As required by applicable law, regulation, court order, or regulatory authority demand; (4) In connection with defending legal claims or responding to regulatory inquiries; or (5) With anonymization such that information cannot be linked to any specific client, for purposes such as general market research or service improvement.
LYVA INVEST implements appropriate technical and organizational measures to protect client information from unauthorized access, disclosure, alteration, or destruction. These measures include: secure data storage systems with encryption; access controls limiting information access to personnel with legitimate business need; regular security assessments and updates; secure communication protocols for sensitive information transmission; and appropriate physical security for office facilities and records storage.
This confidentiality obligation survives termination of the advisory relationship and applies to all current and former clients indefinitely. LYVA INVEST maintains client records in accordance with applicable recordkeeping requirements under German financial services regulations, typically for periods ranging from six to ten years depending on record type and regulatory requirements.
For detailed information regarding data protection, processing of personal data, and client rights under the General Data Protection Regulation (GDPR), clients should refer to our separate Privacy Policy (Datenschutzerklärung) available on our website and provided to all clients at relationship commencement.
6. Limitation of Liability and Disclaimers
LYVA INVEST provides advisory services based on thorough research, professional expertise, diligent analysis, and good faith professional judgment. However, investment advisory services are inherently subject to uncertainty, market volatility, and factors beyond anyone's control. All investment decisions carry inherent risk, including the potential for partial or complete loss of invested capital.
LYVA INVEST is not liable for investment losses resulting from market movements, economic conditions, unforeseen events, risks inherent to specific investment vehicles or asset classes, changes in laws or regulations affecting investments, or any circumstances beyond our reasonable control. No advisor can predict future market movements with certainty or eliminate investment risk.
Our liability for advisory services is expressly limited to cases involving gross negligence (grobe Fahrlässigkeit) or willful misconduct (Vorsatz). We are not liable for simple negligence or for any losses that result from circumstances beyond our reasonable control, even if foreseeable. This limitation of liability is reasonable given the nature of investment advisory services and the inherent uncertainties involved in capital markets.
LYVA INVEST maintains professional liability insurance (Vermögensschadenhaftpflichtversicherung) as required under German law, providing protection for clients in cases where liability is established. Insurance coverage meets or exceeds regulatory requirements and extends throughout Germany and the European Union. Coverage details are available upon request.
Clients explicitly acknowledge and accept that: (1) Past performance of investments, strategies, or advisory recommendations provides no guarantee or reliable indication of future results; (2) All investments carry risk of loss, including possibility of complete loss of invested capital; (3) Investment returns are not guaranteed and actual results may differ materially from projections, expectations, or historical performance; (4) Market values fluctuate and investment liquidation may occur at prices substantially below purchase price; (5) Certain investments may be illiquid and cannot be readily converted to cash without substantial price concessions; and (6) Advisory services do not eliminate or substantially reduce investment risk.
LYVA INVEST makes no guarantees, warranties, or representations regarding investment performance, achievement of financial objectives, or outcomes of any investment strategies. Projections, estimates, and forward-looking statements are based on assumptions that may prove incorrect and should not be relied upon as predictions or guarantees of future results.
In no event shall LYVA INVEST be liable for indirect, consequential, special, incidental, or punitive damages arising from or related to our advisory services, even if advised of the possibility of such damages. Maximum liability, if any, shall not exceed the fees paid by the client for advisory services during the twelve months preceding the event giving rise to the claim.
7. Conflicts of Interest and Disclosure
LYVA INVEST is committed to transparent disclosure of all material conflicts of interest that may affect our advisory services or recommendations. We maintain policies and procedures designed to identify, manage, mitigate, or eliminate conflicts of interest to ensure client interests are prioritized in all advisory relationships.
Potential conflicts of interest may arise from various sources, including but not limited to: (1) Compensation arrangements with third parties, such as referral fees from investment platforms, art investment facilitators, or real estate professionals; (2) Personal investment holdings that may overlap with client investments or investment recommendations; (3) Relationships with service providers, financing sources, or investment platforms that we recommend to clients; (4) Situations where we advise multiple clients who may have competing interests in specific opportunities; or (5) Circumstances where our fee structure might create incentives favoring certain recommendations.
When material conflicts of interest are identified, LYVA INVEST discloses such conflicts to affected clients before providing related advice or recommendations. Disclosure includes the nature of the conflict, potential impact on the objectivity of advice, and measures implemented to manage or mitigate the conflict. Clients may choose to accept advice despite disclosed conflicts or may request alternative recommendations without conflicted elements.
LYVA INVEST may receive compensation from third parties in connection with services or products recommended to clients. Such compensation arrangements are always disclosed before recommendations are made. These arrangements do not increase costs to clients and are structured to maintain independence of recommendations. Clients retain full freedom to implement recommendations through alternative providers if preferred.
Where conflicts cannot be adequately managed or mitigated, LYVA INVEST will decline the engagement or will refrain from providing advice in the conflicted area. Our duty to prioritize client interests supersedes our own financial interests in all circumstances.
8. Client Responsibilities and Obligations
Successful advisory relationships require active client participation and fulfillment of certain obligations. Clients are responsible for: (1) Providing complete, accurate, and timely information regarding financial situation, investment objectives, risk tolerance, time horizon, liquidity needs, and any other factors material to investment advice; (2) Promptly notifying LYVA INVEST of any material changes in circumstances that might affect appropriateness of existing strategies or ongoing advice; (3) Reviewing all advice, recommendations, and communications carefully and asking questions about anything not fully understood; (4) Making all final investment decisions after appropriate consideration and personal due diligence; (5) Executing transactions and implementing recommended strategies in a timely manner when they choose to do so; (6) Paying advisory fees according to agreed schedules; and (7) Maintaining appropriate records of investment activities and decisions.
Clients acknowledge that they are ultimately responsible for all investment decisions. LYVA INVEST provides advice and recommendations, but clients must evaluate such advice in light of their personal circumstances, consult with other advisors as appropriate, and make independent decisions about implementation.
Clients are responsible for ensuring they have legal authority to make investment decisions regarding all assets for which they seek advice. For assets held jointly, in trust, or subject to any third-party restrictions, clients must ensure they have appropriate authority before implementing recommendations.
Clients are responsible for all tax consequences of investment decisions and should consult with qualified tax professionals regarding tax implications of proposed strategies. While LYVA INVEST may provide general information about common tax considerations, we do not provide formal tax advice and assume no responsibility for tax consequences of client decisions.
9. Termination of Advisory Relationship
Either LYVA INVEST or client may terminate the advisory relationship at any time with written notice. Unless otherwise specified in individual service agreements, the standard notice period is 30 days, allowing for orderly transition and completion of ongoing advisory matters. Immediate termination may be appropriate in certain circumstances, such as material breach of these terms, non-payment of fees, or loss of trust essential to the advisory relationship.
Upon termination, LYVA INVEST will: (1) Provide final invoicing for services rendered through termination date; (2) Refund any prepaid fees for services not yet provided, calculated on a pro-rata basis; (3) Return all client documents and materials in our possession; (4) Provide reasonable transition assistance to facilitate transfer to a new advisor if requested; and (5) Maintain confidentiality of all client information in accordance with our ongoing obligations.
Termination does not affect obligations arising prior to termination, including payment obligations for services rendered, liability for advice provided during the relationship, or confidentiality obligations which continue indefinitely.
In the event of termination, clients remain responsible for all investment decisions made during the advisory relationship and for all implementation of recommendations provided before termination. LYVA INVEST has no obligation to monitor or update advice following relationship termination unless specifically agreed otherwise.
10. Applicable Law, Jurisdiction, and Dispute Resolution
These terms and conditions, the advisory relationship, and all disputes arising from or related to services provided by LYVA INVEST are governed exclusively by the laws of the Federal Republic of Germany, without regard to conflict of law principles that might apply laws of other jurisdictions.
Any disputes, controversies, or claims arising from or relating to these terms, the advisory relationship, or services provided shall be resolved exclusively in the courts of competent jurisdiction in Germany. The place of jurisdiction for all disputes is Bad Kissingen, Germany, or such other German court having proper jurisdiction over the dispute.
For clients resident outside Germany but within the European Union, applicable consumer protection regulations of the client's country of residence may provide additional protections or rights beyond those specified in these terms. Such protections apply to the extent required by mandatory consumer protection law and do not supersede these terms where German law governs.
Before initiating formal legal proceedings, parties agree to attempt good faith negotiation to resolve disputes. If direct negotiation is unsuccessful, parties may pursue mediation or other alternative dispute resolution mechanisms by mutual agreement. However, neither party is obligated to pursue alternative dispute resolution and either party may pursue litigation if preferred.
In the event any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect. Invalid or unenforceable provisions shall be replaced with valid and enforceable provisions that most closely achieve the intended economic effect of the original provision.
11. Amendments and Updates
LYVA INVEST reserves the right to modify, amend, or update these General Terms and Conditions at any time as business practices evolve, regulatory requirements change, or operational needs dictate. Material changes will be communicated to active clients with reasonable advance notice, typically 30 days before the effective date of changes.
Notice of changes will be provided via email to the address on file for the client or through written notice delivered via regular mail. Clients are responsible for maintaining current contact information with LYVA INVEST to ensure receipt of important communications.
Continued engagement of our advisory services following notice of changes constitutes acceptance of the modified terms. Clients who do not accept modified terms may terminate the advisory relationship in accordance with termination provisions set forth in Section 9, without penalty or early termination fees.
Changes to these terms apply to advisory services provided after the effective date of the changes. Rights and obligations arising from services provided before the effective date of changes remain governed by the terms in effect when those services were provided.
The current version of these General Terms and Conditions is always available on our website at www.lyva-invest.com and will be provided to clients upon request. Clients are encouraged to review these terms periodically to remain informed of any changes to our standard business practices and contractual arrangements.
12. Entire Agreement and Additional Provisions
These General Terms and Conditions, together with any individual service agreements executed between LYVA INVEST and client, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior negotiations, understandings, agreements, representations, and communications, whether written or oral.
No employee, agent, or representative of LYVA INVEST has authority to modify these terms or make commitments binding on LYVA INVEST unless made in writing by an authorized representative. Clients should not rely on oral representations or informal communications that contradict or extend beyond written agreements.
Headings used in these terms are for convenience only and do not affect interpretation of provisions. Use of terms such as "including" or "such as" are illustrative and not limiting. References to laws, regulations, or official guidance include such provisions as amended, superseded, or replaced from time to time.
These terms have been prepared in English. German translations may be provided for client convenience, but in the event of any discrepancy between English and German versions, the English version shall prevail for purposes of interpretation and enforcement. However, where German law specifically requires application of German language provisions, applicable mandatory German language legal requirements shall govern.
Last updated: January 2025
Version 2.0