December 10, 2019
This agreement is between you (“you”, “your”, or “User”) and Ledger SAS (“Ledger”, “us”, “we,'' “our”, or the “Company”). By using or clicking “I agree” to any of the services provided by Ledger or its affiliates in connection with the Ledger Live software (the “Ledger Services”), you agree that you have carefully read and accept all of the below terms and conditions.
BEFORE USING THE SERVICES, PLEASE EDUCATE YOURSELF TO MAKE INFORMED DECISIONS. CRYPTO ASSETS ARE VOLATILE. THE PRICES CAN GO UP AND DOWN. CAREFULLY EVALUATE YOUR GOALS AND THE FINANCIAL RISK YOU ARE WILLING TO TAKE. PLEASE BE AWARE THAT LEDGER DOES NOT PROVIDE FINANCIAL, TAX, OR LEGAL ADVICE. DECISIONS TO PERFORM OPERATIONS INVOLVING CRYPTO ASSETS SHOULD BE TAKEN ON YOUR OWN OR RELY ON OPINIONS OF RELIABLE AND QUALIFIED EXPERTS.
The following terms, when used in this Agreement, 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.
means types of digital assets which can be transmitted with blockchain technologies, including but not limited to Bitcoin, Ethereum, Ripple.
means a software application, developed by Ledger or by third parties, which embeds a specific cryptographic signature logic within Ledger’s operating system BOLOS in order to create a transaction, on Ledger Live or a third party application, and signs various operations with a Ledger Device, including but not limited to: Crypto Assets transactions broadcast, authentication, password management.
means a change to the underlying protocol of a blockchain network that results in more than one version of a Crypto Asset, the result of which may be one or more versions that are not supported on Ledger Services.
means an electronic device, developed and distributed by Ledger, generally referred to as a “hardware wallet”, used to manage and secure Users’ Private Keys and other cryptographic secrets, compatible with Ledger Live or compatible Wallets.
“Ledger Live Manager”
means a catalogue of Device Applications available for download, which enables Users to update their Ledger Device firmware, install Device Applications and manage supported Crypto Assets.
means content, Ledger Service documentation as well as source and object codes for all software embedded within Ledger Live and Ledger Devices.
means the numeric password chosen by the User to unlock a Ledger Device.
means a critical piece of data used to authorize outgoing transactions on blockchain networks.
means one or more of the Ledger Services or Third Party Services.
“Third Party Services”
refers to applications, softwares or other Materials that are hosted, developed or operated by a third party, including, but not limited to: cryptocurrency exchanges, staking service providers.
means a software program which interacts with various blockchain networks to generate and manage sets of private keys and public keys, configure transactions and monitor their balance.
means websites owned and operated by Ledger, including the e-commerce and corporate website hosted at ledger.com
“24-word Recovery Phrase”
means a confidential combination of human readable words, generated by Ledger Devices, from which Users’ Private Keys are derived. They are used to back-up and restore access to Crypto Assets on other Ledger Devices or compatible Wallets.
To be eligible to use the Services, you must be at least 18 years old or qualify as an adult in your country of residence. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf.
You can only use 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.
Ledger Live, in connection with Ledger Devices, provides you with a convenient and secure way to manage your Device Applications as well as use Private Keys derived from your 24-word Recovery Phrase.
The Ledger Services allow Users to:
- Update the firmware of their Ledger Device
- Install and uninstall Device Applications with the Ledger Live Manager
- View their portfolio of Crypto Assets
- Access the means to perform operations on various blockchain networks in accordance with their respective protocol rules, such as but not limited to:
- Send and receive Crypto Assets to and from Users of a dedicated blockchain network;
- Connect with Third Party Services, to access services such as the delegation of staking rights on supported proof-of-stake blockchains or buying crypto.
Ledger operates non-custodial services, which means that we do not store, nor do we have access to your Crypto Assets nor your Private Keys. We do not send or receive Crypto Assets. Any Crypto Asset transfer occurs on blockchain networks and not on a network owned or controlled by Ledger.
Ledger Live and Ledger Devices are only capable of supporting certain Crypto Assets. A non-exhaustive list of supported Crypto Assets and compatible Wallets is available here. This list is subject to variation.
You are deemed to be fully aware of all the legal norms and technical constraints relating to the proof-of-stake and proof-of-work blockchains, and to the Services. You acknowledge that you have been warned of the following associated risks:
Regulatory changes. Blockchain technologies 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, including their availability, could be impacted by one or more regulatory requirements.
Tax. Transactions in Crypto Assets, or more generally Crypto Assets events, including but not limited to exchanges, air-drops, forks, and gains arising from staking, may be considered tax events according to the legislations under which you are subject to taxation. These rules may be unclear or subject to change, and you are therefore encouraged to consult your own tax or accounting adviser before doing Crypto Assets events.
Technology. Users understand that some of the technology supported or made available through the Services are new, untested and outside of Ledger’s control. Advances in cryptography, or other technical advances such as the development of quantum computers, could present risks to blockchain networks which could result in the theft or loss of Crypto Assets. Other adverse changes in market forces or in the technology, broadly construed, may prevent or compromise Ledger’s performance under these Terms.
Cybersecurity. Hackers or other groups or organizations may attempt to interfere with Ledger’s products and information systems in several ways, including without limitation denial of service attacks, side-channel attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.
There may be additional risks that we have not foreseen or identified in these Terms. Before you use our Services, you are strongly encouraged to carefully assess whether your financial situation and risk tolerance is compatible with such use.
For the avoidance of doubt, and notwithstanding the generality of the Limitation of Liability section, you hereby agree that Ledger shall have no liability for any loss that incurs as a consequence of the risks highlighted in this section.
No retrieval of Private Keys
The only existing backup is with you. Ledger does not have access to or store passwords, 24-word Recovery Phrase, Private Keys, passphrases, transaction history, PIN, or other credentials associated with your use of the Services. We are not in a position to help you retrieve your credentials. You are solely responsible for remembering, storing, and keeping your credentials in a secure location, away from prying eyes. Any third party with knowledge of one or more of your 24-word Recovery Phrase or PIN can gain control of the Private Keys associated with your Ledger Device or of the 24-word Recovery Phrase;
Keep your credentials safe. When you set your Ledger Device up, you must: (a) create and remember a strong PIN that you do not use for any other service; (b) protect and keep your 24-word Recovery Phrase secure and confidential; (c) protect access to your Ledger Device;
As a user of the Ledger Services, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use the Ledger Services. When using Ledger Services, we ask that you follow some basic rules:
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 Ledger 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.
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 Ledger Services including, without limitation, Ledger Devices connected to Ledger Services, other accounts, information systems, or networks.
Don’t break the law. You agree that you will not violate any laws when using Ledger Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use Ledger 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.
Don’t interfere. You agree that you will not use or attempt to use another user’s Wallet without authorization, or use Ledger Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying Ledger Services, or that could damage, disable, overburden or impair the functioning of Ledger Services in any manner.
Any use of Ledger Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate your license to use Ledger Services.
Warranties and Disclaimers
Availability of Ledger Services
We may change, update or suspend the Services, temporarily or indefinitely, so as to carry out works including, but not limited to: firmware and software updates, maintenance operations, amendments to the servers, bug fixes etc. We will make reasonable efforts to give you prior notice of any significant disruption of Ledger Services.
Ledger does not guarantee the correct functioning of the Services in the event of the installation or use of programs or applications that do not conform to Service specifications and technical standards.
Please note that when a Ledger Service is unavailable or suspended, you can always recover your Private Keys using your 24-Recovery Phrase on any compatible Wallet.
Underlying blockchain protocols
All transactions created through Ledger Services are confirmed and recorded in associated blockchain networks. Such networks are decentralized peer-to-peer networks run by independent third parties, which Ledger does not own, control or operate. We have no control over blockchain networks and, therefore, cannot and do not ensure that the transactions you broadcast on Ledger Services will be confirmed and processed. You acknowledge that we do not store, send, or receive Crypto Assets and you agree that the transactions you configure on Ledger Services may fail, or may be substantially delayed by the underlying blockchain networks.
On occasions, the blockchain protocol of a given Crypto Asset may change, which may have consequences on its key characteristics including but not limited to their availability, name, security, valuation or the way it operates. Forks entail that forked Crypto Assets may be misdirected or replicated. In any such events, Ledger may decide, at its discretion, to suspend support of the impacted Crypto Asset for as long as Ledger deems necessary. When it so decides, Ledger will endeavor to give you advance notice, but may not be able to. You should keep yourself apprised of such events and make all necessary arrangements.
Device Applications are available for download on Ledger Live Manager, or can be installed following our guidelines and may either be developed by Ledger, or by any willing third party, thanks to open source code available on Ledger Github repository.
Developers of Device Applications are responsible for the said applications and their performance, and for providing support for Device Applications supported on a Ledger Device and on Ledger Live. Ledger may perform code reviews and conduct security audits of Device Applications available on Ledger Live Manager, which does not constitute any kind of endorsement nor any guarantee that those applications are risk-free.
Ledger does not warranty that Device Applications will be maintained over time and reserves the right to restrict or suspend access to them from Ledger Services for any reason for as long as deemed necessary.
In order to accommodate advanced Users’ requests and to build new features and functionalities, we have released a series of experimental features on Ledger Live. These features may not be complete and have not been fully tested, which may present heightened risks. They may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information. You can think of these features as beta features. Ledger does not guarantee the stability, functionality, or long-term support of these features. We do not recommend to use these features unless you are an advanced User with strong technical skills. You expressly acknowledge and agree that all use of the Experimental Features is at your sole risk.
Do not trust. Verify. Software integrity, especially when connected to the Internet, is very hard to verify. Ledger’s security model relies on trusted display.This is why the verification of the information on your Ledger Device is paramount. 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. Upon sending Crypto Assets, you are solely responsible for verifying that the recipient address, amount and fees are correct and that they are the same on both your computer or mobile and on your Ledger Device‘s screen. You also acknowledge that using unverified addresses to receive Crypto Assets comes at your own risk.
Third Party Services and Materials
Ledger Live may incorporate, reference or provide access to Third Party Services.
Third Party Services may not work appropriately with your software or Ledger Device, and we may not be able to provide support for issues caused by Third Party Services. If you have questions or concerns about how a Third Party Service operates, or need support, please contact the relevant third party directly.
We advise not to share any credential, password, Private Key, passphrase, or any other sensitive information with any Third Party Service without validating their legitimacy first.
We retain the exclusive right to add to, modify, or cancel the availability of any such Third Party Service for any reason and without prior notice.
Specific rules and obligations apply to the following Services:
A. Buy Crypto services
Links to Buy Crypto services are sponsored links. The existence of a link to or from one of Ledger Services does not represent or imply any endorsement of such services.
B. Delegation of staking rights
Rewards. You explicitly confirm that you are aware that delegation of staking rights to a validator operator listed in Ledger Live does not grant to your benefit any right to request payment of any kind, but merely a potential right to share a reward perceived by the validator. Please note that lock-up periods depend on the validator and blockchain protocols.
Validators. Ledger reserves the right to modify the list of referenced validators at any time without prior notice.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEDGER AND ITS DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL 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, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES (II) ANY CHANGES MADE TO THE SERVICE OR ANY SUSPENSION OR CESSATION OF THE SERVICES OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; AND (V) ANY OTHER MATTER RELATING TO THE SERVICE.
THE ABOVE LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) LEDGER’S FRAUD, WILFUL MISCONDUCT OR GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (B) DEATH OR PERSONAL INJURY.
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 Materials released or anyway made available pursuant to public license agreements, open source, MIT, or other non-proprietary license schemes normally used by the Ledger community, Ledger 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 Ledger Live, Device Applications, and the Website.
You may view, print and/or download a copy of proprietary Materials from Ledger Services on any single computer 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 in the Services (“Trademarks”) are the property of Ledger and their respective owners. It is strictly prohibited to use these Trademarks without our express written authorisation or the express written authorisation of any third parties.
We welcome feedback, comments, ideas, and suggestions for improvements to the Services (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Compliance and Export Control
Users shall comply, at their own expense, with all laws that apply to or result from their obligations under these Terms. By accessing and using the Services, you represent and warrant that you 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”.
Ledger reserves the right to select the markets and jurisdictions where it operates and may restrict or deny access to Ledger Services in certain countries, states or territories.
You may stop using the Services at any time. We reserve the right to suspend your access to Ledger Services without notice if we believe you violated these Terms. In the event of termination concerning your license to use Ledger, your obligations under these Terms will continue.
Your access to your Wallets after termination will depend on whether you securely backed up your Private Keys and your Wallet address.
These Terms will be governed by and interpreted in accordance with the laws of France.
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.
Enforcement and Assignment of Terms
These Terms constitute the entire and exclusive understanding and agreement between Ledger and you regarding Ledger Services, and supersede and replace any and all prior oral or written understandings or agreements between Ledger and you regarding Ledger Services. If you do not read and accept the Terms in their entirety you should not use or continue using Ledger Services.
We reserve the right to alter, amend or modify these Terms from time to time, in our sole discretion. We will provide you with notice of such changes by posting the amended Terms via Ledger Live and updating the "Last Updated" date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting on Ledger Live.