Ledger Trust Services Terms and Conditions
Welcome to the Ledger Trust Services Platform
If you have any questions relating to your Ledger Trust Services Login, please reach out to Ledger Support via the Contact Us link at https://support.ledger.com.
1. What these Terms cover
This Agreement is between you (“you”, “your”, or “User”) and Ledger Trust Services. Ledger Trust Services is incorporated and registered in France with company number 890 751 043 RCS Paris and its registered office is at 1, rue du Mail, 75002 Paris, France.
By clicking “Create my login”, or otherwise using or agreeing to the terms and conditions of any of the services provided by Ledger, or any Third Party Services made available via the Ledger Trust Services Platform (the “Services”), you agree that you have carefully read and accepted all of the below terms and conditions. For the avoidance of doubt, these terms and conditions do not apply to your use of Ledger Live or Ledger Device(s) separately outside of the services offered through the Ledger Trust Services Platform.
Ledger understands the importance of maintaining the privacy and security of its users. We do not link your Ledger Trust Services Login to your separate use of Ledger Live or Ledger Device(s) in any way, unless you consent otherwise. Your Ledger Trust Services Login is only used to enable you to interact with the Ledger Trust Services Platform.
Services provided directly to you by third parties via the Ledger Trust Services Platform may require identity verification checks and compliance with other requirements. Such Third Party Services may also be subject to additional terms and conditions. You agree that your use of any Third Party Service is subject to those separate terms and conditions between you and such third party. It is your responsibility to review and understand the applicable terms and conditions and meet any identity verification checks and/or requirements before using such Third Party Service
Before using Services, please educate yourself to make informed decisions. Please be aware that Ledger does not provide financial, tax, or legal advice. Ledger does not exchange, send, or receive crypto assets for users, nor does Ledger advise or make recommendations about engaging in crypto asset transactions or operations. Decisions to engage in transactions or perform operations involving crypto assets should be taken on your own or in reliance on opinions of your own reliable and qualified experts. Crypto assets are volatile. The prices can go up and down. Carefully evaluate your goals and the financial risk you are willing to take.
The following capitalized terms, when used in these Terms, shall have the meanings described below, it being specified for the avoidance of doubt that in these definitions, reference to the singular includes a reference to the plural and vice versa, except when clearly inappropriate.
“Ledger” or “us”, “we”, “our” means Ledger Trust Services, and where appropriate, all other entities that are part of the Ledger group of companies.
“Ledger Device” means an electronic device, developed and distributed by Ledger SAS, generally referred to as a “hardware wallet”, used to manage and secure Users’ private keys and other cryptographic secrets, compatible with Ledger Live and third party applications.
“Ledger Live” means the mobile and desktop software application which provides access to applications and Services, including services that can only be used in connection with a Ledger hardware wallet.
“Third Party Services” refers to any Services provided directly to you by third parties via the Ledger Trust Services Platform.
To be eligible to create a Ledger Trust Services Login, you warrant and represent that you:
✓ Are at least eighteen (18) years old and have the legal capacity to enter into these Terms;
✓ Will provide accurate, true and complete information when registering for a Ledger Trust Services Login and when using Services;
✓ Are NOT on any trade or economic sanctions lists, such as (but not limited to) the UN Security Council Sanctions list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”;
✓ Are NOT located or a resident in any country under sanctions or subject to laws or regulations under which it is illegal to engage in the Ledger Trust Services Platform and/or any Services;
✓ Fulfill any other eligibility requirements communicated to you by Ledger and/or third parties that provide Services via the Ledger Trust Services Platform.
You can only use your Ledger Trust Services Login, the Ledger Trust Services Platform and the Services if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you.
4. Login Details
To create a Ledger Trust Services Login, you may need to choose a password. If you choose a password, or you are provided with a user identification code or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your password, you must promptly notify Ledger via Ledger Support via the Contact Us link at https://support.ledger.com.
5. Payment & Cancellation
5.1 Registration. To register for your Ledger Trust Services Login, you will be required to provide a valid and current payment method for use with Services available via the Ledger Trust Services Platform. You can change this payment method within Ledger Live. You consent to Ledger storing such payment information so that you can use these payment details for Services that you may access through the Ledger Trust Services Platform either now or in the future, subject to Ledger confirming your authorization for such use.
5.2 Non-Payment. For Services, if for any reason Ledger is unable to charge your payment method, Services may be suspended or terminated. You will remain responsible for any uncollected amounts. In the event of suspension of any Services due to non-payment, along with any outstanding balance, additional fees may apply to re-activate Services.
5.3 Third Party Services. If you purchase a Third Party Service via the Ledger Trust Services Platform, such service may be subject to separate terms and conditions, including specific terms for payment and fees. Fees may be charged directly to you or indirectly if already included in the third party fees and paid by the third party to Ledger on behalf of you. You also acknowledge that Ledger may collect payment for Third Party Services on behalf of third parties that provide Services to you via the Ledger Trust Services Platform.
5.4 Subscriptions. The length of subscriptions for Services may vary and may include monthly or annual recurring payments. Subscriptions may also include promotional offers under Section 7 (Promotions) of these Terms. Details on this will be set out during the course of your order for Services. Unless otherwise stated, subscriptions will operate on an automatic renewal basis, until you cancel the subscription or if it is suspended or otherwise terminated.
5.5 Advance Payment. Unless otherwise stated, charges for Services are due in advance and before the beginning of any Services. Details on charges will be set out during the course of your order for Services.
5.6 Cancellation. You may cancel Services at any time. Cancellation is subject to any separate applicable terms and conditions, including those provided by third parties for Third Party Services. Ledger or the relevant third party providing the Service will advise how to do this within Ledger Live. Unless otherwise stated below or in separate terms and conditions, you will have to pay for any complete Services you received before cancellation. If you cancel a monthly or annual subscription, any future charges for Services will be cancelled and your cancellation will become effective at the end of the current subscription and billing period. Please note that there are no prorated refunds in the event of your cancellation and unless otherwise stated and agreed by Ledger, payments are therefore non-refundable.
5.7 Right to Withdrawal. When ordering subscriptions for Services through the Ledger Trust Services Platform, unless you indicate otherwise, you expressly agree to and recognise that the supply of Services will begin immediately and before the expiry of any applicable statutory withdrawal/cooling-off period. If you consent to immediate commencement of Services, you acknowledge that you will lose your right to a full refund if you cancel the Service during the statutory withdrawal/cooling-off period.
If you do not consent to immediate commencement of Services and you wish to withdraw, you have the right to cancel Services within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (14) days from the day of the conclusion of the relevant contract for Services. To exercise your right of withdrawal, you must notify us of your decision to withdraw from the relevant contract of Services by means of a straightforward statement (e.g. letter sent by post or email). You can contact us via the Contact Us link at https://support.ledger.com or by post by writing to Ledger Trust Services – 1, rue du Mail, 75002 Paris, France.
You can also use the Model Withdrawal Form at the end of these Terms but this is not mandatory. If you use this option, we will immediately send you an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by email). To be within the withdrawal period, you just need to send your statement about exercising your right of withdrawal before the withdrawal period expires.
If you cancel a contract for Services, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay, and not later than fourteen (14) days after the day on which we are informed about your decision to cancel a contract for Services. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5.8 Price. The price for Services may change from time to time. Such price changes will be communicated in advance and with reasonable notice.
5.9 Payment Processing. You acknowledge that Ledger may rely on third parties for the administration and processing of any payment(s) that may be required for your use of Services provided via the Ledger Trust Services Platform. You consent to Ledger using such third parties for this purpose.
5.10 Taxes. You are responsible for paying of all applicable national, federal, state, local or other taxes of any jurisdiction, of whatever nature whether now in effect or imposed in the future by any national federal, state, local, international or any other governmental authority or taxing jurisdiction, including, without limitation, any sales, use, value-added (VAT), services and other taxes and duties associated with your use of Services. Note that Ledger does not offer tax refund services – therefore, if your payment includes taxes, you will not be able to claim back such taxes afterwards from Ledger.
5.11 Questions. If you have any questions relating to payment or cancellation of Services, please reach out to Ledger Support via the Contact Us link at https://support.ledger.com.
6. Acceptable Use
6.1 User License. As a user of the Ledger Trust Services Platform and Services, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use the Ledger Trust Services Platform and Services. Any use of the Ledger Trust Services Platform and Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and may result in immediate termination of your license to use the Ledger Trust Services Platform and Services.
6.2 Do no harm. You agree (i) not to distribute any virus or other harmful computer code through Ledger’s systems, (ii) not to use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Ledger Trust Services Platform and Services or to extract data, (iii) not to provide false, inaccurate, or misleading information, and (iv) not to take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure. Unless otherwise expressly authorized and agreed in writing, you will not attempt to (v) modify, alter, or otherwise create derivative works of the Ledger Trust Services Platform and Services, (vi) reverse engineer, disassemble, or decompile the Ledger Trust Services Platform and Services (except to the extent applicable law does not allow this restriction), or (vii) sublicense the Ledger Trust Services Platform and Services.
6.3 Don’t circumvent our security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Ledger Trust Services Platform and Services including, without limitation, Ledger Devices connected to the Ledger Trust Services Platform and Services, other logins, information systems, or networks.
6.4 Don’t break the law. You agree that you will not violate any laws when using the Ledger Trust Services Platform and Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use the Ledger Trust Services Platform and Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, fraud, illegal gambling, money laundering, or terrorist activities. You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this section.
6.5 Don’t interfere. You agree that you will not use or attempt to use another user’s Ledger Trust Services Login without authorization, or use the Ledger Trust Services Platform or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Ledger Trust Services Platform and any Services, or that could damage, disable, overburden or impair the functioning of the Ledger Trust Services Platform and Services in any manner.
6.6 Intellectual Property. Ledger respects the intellectual property of others and we ask our Users to do the same. You acknowledge and agree that, with the exception of content, documentation as well as source and object codes released or anyway made available pursuant to public license agreements, open source, MIT, or other non-proprietary license schemes used by the Ledger community, Ledger (or any of its licensors) owns all copyrights, trademarks, know-how or any other intellectual property rights in respect of the software, text, video, audio, artwork, logos, layout as well as the look and feel pertaining to the Ledger Trust Services Platform and Services (hereinafter the “Materials”). You may view, print and/or download a copy of proprietary Materials from the Ledger Trust Services Platform solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices. The trademarks, service marks and logos of Ledger and others used via the Ledger Trust Services Platform (“Trademarks”) are the property of Ledger and their respective owners. It is strictly prohibited to use these Trademarks without our express written authorisation or those of their owners.
7.1 Promotional Offers. From time to time, Ledger or third parties offering Services via the Ledger Trust Services Platform may offer promotions, including free trials. Such offers may be made available subject to terms and conditions relevant to the Service provided and any other specific terms and conditions of such promotion. These Terms supplement such terms and conditions.
7.2 Free Trials. Unless otherwise stated, free trials are only available to new subscribers. Unless you cancel a free trial before the end of the free trial period, your subscription will renew and you will be charged the relevant advertised price, until cancelled. You will not be charged during any free trial period. If you cancel any free trial, you will lose access to the relevant Service.
7.3 Payment. To participate in a promotion, you may be required to provide a valid and current payment method.
7.4 Participation. You agree to only participate in such promotion for the purposes intended and as permitted by this Agreement and in accordance with applicable laws. If you use any promotional offers in breach of this Agreement or applicable laws, we may suspend your engagement in a promotion. Promotions are void where prohibited or restricted by law. Ledger reserves the right to decline your participation in any promotion if it determines in its sole discretion that such participation is fraudulent or suspicious.
7.5 Minimum Age. You must be at least eighteen (18) years old and have the legal capacity to contract to participate in any promotion.
7.6 Reservation of Rights. Ledger reserves the right to change any promotional terms and conditions, modify a promotion, or end a promotion at any time without notice. Any promotion is valid only while promotional codes and stocks last.
8. Collection of User’s Information & Data Protection
8.3 Registration. You acknowledge that Ledger may require you to provide your name, email address and payment information in order to complete the registration process for your Ledger Trust Services Login, and activate the Services.
9. Risks and Recommendations
9.1 Regulatory Changes. Blockchain technologies and related services are subject to continuous regulatory changes and scrutiny around the world, including but not limited to anti-money laundering and financial regulations. You acknowledge that certain Services connected to the Ledger Trust Services Platform, including their availability, could be impacted by one or more regulatory requirements.
9.2 Technology. Users understand that some of the technology supported or made available through the Ledger Trust Services Platform might be new, untested and not provided by Ledger and therefore outside of Ledger’s control.
9.3 Cybersecurity. Hackers or other groups or organizations may attempt to interfere with your Ledger Trust Services Login, the Ledger Trust Services Platform and the related Services in several ways, including without limitation denial of service attacks, side-channel attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.
9.4 Do NOT Trust. Verify. Software integrity, especially when connected to the Internet, is very hard to verify. Ledger’s security model relies on a trusted display. This is why the verification of the information on your Ledger Device is paramount when using the Services made available through the Ledger Trust Services Platform. Before you approve an operation, you must always double check that the information displayed on your mobile or desktop screen is correct and matches the information displayed on your Ledger Device.
9.5 NO Liability. There may be additional risks that we have not foreseen or identified in these Terms. Before you use your Ledger Trust Services Login, the Ledger Trust Services Platform and the Services, you are strongly encouraged to carefully assess whether your risk tolerance and financial situation is compatible with such use. For the avoidance of doubt, and notwithstanding the generality of the Limitation of Liability under these Terms, you hereby agree that Ledger shall have no liability for any loss that incurs as a consequence of the risks highlighted in this section and/or your failure to follow the recommendations herein.
9.6 External Resources. In the case you are provided with links to external resources while browsing or using the Services, use them carefully as they are outside of our control. You acknowledge Ledger cannot be held responsible for any failures or damages caused by a third-party resource.
10. Warranty and Disclaimer
10.1 No guarantees. Ledger will use a reasonable level of skill and care to ensure that the Ledger Trust Services Platform, Services and/or any promotional offers can be accessed by you in accordance with this Agreement, but there are no guarantees that access and features will not be interrupted or that there will be no delays, failures, errors, omissions, corruption or loss of transmitted information, or issues with payment of Services. The Ledger Trust Services Platform is provided “as is” without any warranty of any kind, either express or implied, and in particular without implied warranties of merchantability, reliability, and fitness for a particular purpose.
10.2 Third Party Services. Third Party Services may not work appropriately, and we may not be able to provide support for issues caused by Third Party Services as Ledger does not provide nor operate the Third Party Services. If you have questions or concerns about how a Third Party Service operates, or need support, unless otherwise stated by Ledger, please contact the relevant third party directly. Ledger is not responsible for the content, accuracy, security, availability, any performance, or failure to perform by any third party providing any Third Party Service, or any issue in relation with the use of such Third Party Service, that you choose to engage with. Ledger does not provide any guarantees that access to Third Party Services will not be interrupted or that there will be no delays, failures, errors, omissions, corruption or loss of transmitted information, data or funds, and Ledger shall not be liable for any such Third Party Services. You agree to use the Third Party Services at your own risk. It is your responsibility to review the third party’s terms and policies before using a Third Party Service. Third Party Services may not be available in all languages and may not be appropriate or available for use in any particular location. To the extent you choose to use such Third Party Services, you are solely responsible for compliance with any applicable laws in relation to such use. In addition, Ledger reserves the right to block access to these Third Party Services via the Ledger Trust Services Platform, but not exclusively, in the event of non-compliance with the applicable regulations by a third party. We retain the exclusive right to suspend, remove, or cancel the availability of any such Third Party Service for any reason and without prior notice.
10.3 Self custody. You are solely responsible for safeguarding your assets and Ledger has no duty to you or any user except as otherwise provided under this Agreement. Ledger will never take custody over any of your assets.
11. Limitation of Liability
Nothing in these Terms limits Ledger’s nor any Ledger group company’s liability for (a) fraud, wilful misconduct, and if required by applicable law, gross negligence; (b) death or personal injury caused by its negligence; or (c) any liability that cannot be excluded by law. To the fullest extent allowed by applicable law, you expressly understand and agree that:
- Ledger or any Ledger group company, their affiliates, officers, representatives, directors, agents and employees shall not be liable to you for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses, arising out of the use or inability to use your Ledger Trust Services Login, the Ledger Trust Services Platform, Services or third party resources, regardless of legal theory, without regard to whether Ledger or any Ledger group company has been made aware of the possibility of those damages, and even if a remedy fails of its essential purpose;
- In no event shall the maximum aggregate liability of Ledger or any Ledger group company arising out of this Agreement, your use of the Ledger Trust Services Login, the Ledger Trust Services Platform or the Services, exceed the greater of (1) $100 (one hundred USD) OR (2) 100% of the amounts paid by You to Ledger in the twelve (12) months before any breach.
To the extent allowed by applicable law, you will indemnify and hold harmless Ledger and any Ledger group company, their affiliates, directors, officers, representatives, employees, and agents from and against any and all claims, demands, liabilities, damages, penalties, fines, taxes, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising out of or in connection with any breach of these Terms or your unauthorized use of your Ledger Trust Services Login, the Ledger Trust Services Platform or Services.
13. Term and Termination
The Agreement will continue to apply as long as you use your Ledger Trust Services Login, the Ledger Trust Services Platform and Services. In its sole discretion, Ledger reserves the right to:
- suspend or terminate (or request applicable third parties to suspend or terminate) your access to the Ledger Trust Services Platform and/or Services at any time, including in the event of your actual or suspected unauthorized use of your Ledger Trust Services Login, the Ledger Trust Services Platform and/or Services, non-payment or non-compliance with the Agreement;
- suspend or terminate (or request applicable third parties to suspend or terminate) your Ledger Trust Services Login and/or Services, cancel the ability (or request applicable third parties to cancel the ability) to use the Ledger Trust Services Platform or any Services or refuse a transaction if we notice any activity we believe fraudulent, improper, or unlawful or if we have reason to believe there has been a breach of these Terms;
- suspend or terminate (or request applicable third parties to suspend or terminate) your Ledger Trust Services Login and/or Services to comply with applicable laws.
If you, Ledger or applicable third parties providing Services suspend or terminate your access to, or use of, your Ledger Trust Services Login, the Ledger Trust Services Platform and/or Services, subject to applicable laws and unless otherwise expressly stated in these Terms, you agree that Ledger shall have no liability or responsibility to you or other third parties. Unless otherwise agreed by Ledger, Ledger will not provide a refund for any payments you have made in the event of your violation of this Agreement.
Sections of the Agreement, that, either expressly or by nature, must remain in effect even after termination of the Agreement, shall survive termination.
14. Governing Law & Jurisdiction
14.1 Governing Law. These Terms will be governed by and interpreted in accordance with the laws of France, unless mandatory consumer protection laws in your country of residence require otherwise.
14.2 Dispute Resolution. In the event you are unhappy with the Ledger Trust Services Platform, please reach out to Ledger Support in the first instance via the Contact Us link at https://support.ledger.com.
If you are a consumer, you may use a free and confidential dispute resolution procedure in order to find an amicable solution to any dispute. In France, in accordance with the provisions of the French Consumer Code on the amicable settlement of disputes, Ledger is a member of the E-commerce Ombudsman Service of the FEVAD (Federation of e-commerce and distance selling), the contact details of which are as follows: Médiateur de la consommation FEVAD BP 20015 – 75362 PARIS CEDEX 8 – http://www.mediateurfevad.fr. After a prior written approach to Ledger, you may refer any consumer dispute that has not been settled to the Ombudsman Service. For information on how to refer the matter to the Ombudsman, click here.
For consumers residing in a member state of the European Union, if a dispute is not solved through our customer support or remains without response two (2) months after being received by our customer support, Users may choose to submit any dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution here.
14.3 Jurisdiction. Unless mandatory consumer protection laws in your country of residence require otherwise, any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by the competent courts of Paris, France.
15.1 Entire Agreement. Except where otherwise provided, the Agreement constitutes all the terms and conditions agreed upon between you and Ledger and supersedes any prior agreements in relation to the subject matter of this Agreement. In the event of any conflict between these Terms and any other document referred to herein, these Terms shall prevail.
15.2 Severability and Waiver. In the event that any provision of these Terms is declared void or inapplicable, it shall be deemed to be replaced by a valid provision reflecting as closely as possible the objective pursued by the original provision. The other provisions shall not be affected and shall remain in full force and effect. The fact that Ledger does not exercise its rights arising from these Terms does not in any case constitute a waiver or loss of these rights.
15.3 Assignment. Ledger may assign the Agreement or any part of it, and Ledger may delegate any of its obligations under the Agreement. You may not assign the Agreement or any part of them, nor transfer or sublicense your rights under the Agreement, to any third party.
15.4 Changes. We reserve the right to modify these Terms from time to time. We will make the updated Terms available here and update the “Last Updated” date at the end of the Terms accordingly. Please check the Terms periodically for changes. Any changes to the Terms will apply on the date that they are made. Your continued use of your Ledger Trust Services Login, the Ledger Trust Services Platform and Services will constitute your acceptance of the updated Terms, but you are free to decide whether or not to accept a revised version of these Terms. If you do not agree to any revised version of these Terms, you must discontinue your use of your Ledger Trust Services Login, the Ledger Trust Services Platform and any Services.
15.5 Third Party Rights. Unless otherwise specified, this Agreement does not give rise to any third parties to enforce any term of the Agreement.
15.6 Force Majeure. Ledger shall not be in breach of this Agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control.
15.7 Language. These Terms may be translated and made available into different languages. Notwithstanding their translation, you agree that, in the event of a dispute arising out of or relating to these Terms, only the English version of the Terms shall be referred to and prevail.
Last Updated: 4 July 2023
|Model Withdrawal Form
To: Ledger Trust Services
1, rue du Mail, 75002 Paris, France
I hereby give notice that I withdraw from my contract for Services, [ADD SERVICE NAME]
Order Date: __________
Your Name: __________
Your Email Address: __________
Your Address: __________
Today’s Date: __________