Legend Trading Terms of Use


Updated: February 6, 2024

INTRODUCTION


Legend Trading Inc. (“Legend Trading”) welcomes you to Legend Trading. These Terms of Use, govern your access to and use of the legendtrading.com website, Legend mobile application, Legend SDKs or other third party integrations (the “Site”) of, (“Legend Trading”, “Legend”, “we”, “our”, or “us”), and your use of any of the services provided through the Site (the “Services”). Please read these Terms of Use carefully.

BY REGISTERING AN ACCOUNT WITH LEGEND TRADING OR BY ACCESSING OR USING THE SERVICES, YOU ARE BECOMING A DIRECT CUSTOMER OF LEGEND TRADING AND YOU AGREE TO BE LEGALLY BOUND TO THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE IN THEIR ENTIRETY, INCLUDING ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS DO NOT REGISTER AN ACCOUNT OR ACCESS OR USE THE SITE.

Your use of the Site is governed by the version of the Terms of Use in effect on the date of use. Legend may modify the Terms of Use at any time and without prior notice. By using and accessing the Site, you acknowledge and agree to review the most current version of these Terms of Use prior to each such use. Your continued use of and access to the Site constitutes your acknowledgement of, and agreement to, the then current Terms of Use.

The provisions of these Terms of Use are in addition to any additional policies incorporated herein or any other agreements between you and Legend, a third party platform or a Legend’s authorized partner such as any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Site.

RISK ACCEPTANCE


You understand, acknowledge, and accept the following risk disclaimer:

  • The risk of loss from trading or holding Cryptocurrency can be substantial. You should therefore carefully consider whether trading or holding cryptocurrency is suitable for you according to your financial condition. In considering whether to trade or hold Cryptocurrency, you should be aware that the price or value of Cryptocurrency can change rapidly, decrease, and potentially even fall to zero.

  • Legend Trading’s service to you does not include custody or safekeeping of your Cryptocurrency. You are solely responsible for safeguarding or holding your Cryptocurrency in the wallet you have elected to use and for protecting the private keys or other security information to access your Cryptocurrency. Legend Trading is not responsible for any loss of Cryptocurrency resulting from theft, loss, or mishandling of Cryptocurrency from the wallet you have elected to use in any way whatsoever.

  • Every purchase and sale of Cryptocurrency is confirmed by the respective blockchain network of that Cryptocurrency. The confirmation takes a period of time (usually less than one hour, but possibly one day or more). You understand that an Order is not complete until it is confirmed. You also understand that the fee which is charged to you takes into account ‘gas’ fees which are generally necessary to ensure that a transaction is promptly recorded on a blockchain or distributed ledger. The amounts of these fees are subject to market forces, and it is possible that the fees could increase substantially during a period of stress.

  • Cryptocurrency transactions are irreversible. Legend Trading cannot recover your Cryptocurrency in the event that we send Cryptocurrency to an address provided by you or registered to your account, where you later realize the address is incorrect or fraudulent and Legend Trading will not be liable to you for any losses resulting from these kinds of transactions.

  • Because Cryptocurrency generally cannot be recovered, you should be extra vigilant to protect yourself from fraud and cyber attacks. You are responsible for keeping your personal information secure and protecting your Legend Trading account from these types of attacks.

  • Legend does not provide investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. The information provided on the Legend Trading Site or any such third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website’s content as such. Legend does not recommend that any Cryptocurrency should be bought, earned, sold, or held by you. Legend will not be held responsible for the decisions you make to buy, sell, or hold Cryptocurrency based on the information provided by Legend.

  • Legend Trading is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons.

  • Trading in Cryptocurrency may result in tax obligations to you. You are solely responsible for complying with your tax obligations.

  • Cryptocurrencies are generally not considered legal tender and are not protected by any government-backed deposit insurance or other types of protections. You acknowledge that your Cryptocurrency is not covered by insurance provided by the Federal Deposit Insurance Corporation, the Securities Investor Protection Corporation or any other government protections.

GENERAL USE


Scope of Services

These Terms of Use apply to your access to and use of the Services which may include (i) buying and/or selling supported cryptocurrencies using the Legend Pay product available through designated third party virtual asset exchanges or platforms (a “Third Party Platform”), (ii) buying and/or selling supported cryptocurrencies using the Legend OTC product or (iii) using other features and products made available to you from time to time. You understand that these Services may be provided to you directly by Legend Trading or, where necessary, by certain authorized partners of Legend Trading.

If you are a customer residing in the United States and you choose to use Legend Trading’s instant ACH feature, your fiat transactions and cryptocurrency transactions are settled by Bakkt Marketplace, LLC, a Virginia limited liability company and Bakkt Crypto Solutions, LLC, a Delaware limited liability company (collectively “Bakkt). Bakkt is registered with FinCEN as a money service business and maintain money transmitter and other licenses in all required states (as described at https://bakkt.com/disclosures). This means that, in addition to this Agreement, you are also agreeing to the Bakkt User Agreement (available at https://bakkt.com/terms-of-service) and the rights, obligations and recourses set out in the Bakkt User agreement will apply between you and Bakkt.

Modification of Site and Services

Legend reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Site and/or to suspend and/or deny access to the Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Legend does not undertake any obligation or responsibility to update or amend any such information. Legend may discontinue or change any product or service described in or offered on the Site at any time without prior notice. Legend further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Site at any time and for any reason. You agree that Legend and its affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Authorized User

To register for an account or to designate an authorized user you must be an individual at least 18 years of age, have the legal capacity to enter into this Agreement and reside in a country or state which is not otherwise restricted. You may also need to have an account in good standing with a Third Party Platform (where applicable), with Bakkt (where you are a resident of the US) and/or another authorized partners (where applicable). Additionally, some of our Services, and certain pages of the Site, are available only to users who have been authorized by us to access those Services and web pages. Such authorization may require, among other things, satisfactory background information screening and/or additional verifications.

Identity Verification

During registration to use the Services, you agree to provide us and/or our authorized partners (described in section 1.1) with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services. Your access to one or more Services and the limits that apply to your use of the Services, may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us and/or our authorized partners to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating.

Unauthorized Use

Unauthorized use of the Site and/or our systems, including, but not limited to, unauthorized entry into and/or any attempted access of Legend’s systems and/or any restricted areas of the Site, misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or service or interfere with any other party’s use and enjoyment of the Site or service. You may not attempt to gain unauthorized access to the Site or any service, computer systems or networks connected to the Site, through hacking, password mining or any other means. You may not screen-scrape, data scrape and/or use any automated means to acquire data and/or information from our Site. You agree that you will not engage in any activities related to any Site that are contrary to these Terms of Use and/or any applicable laws or regulations.

Account security

You agree that you are responsible for safekeeping your account password and for any unauthorized use of your password. You also agree not to use remote access software (such as AnyDesk) while accessing your account or using the Legend Services.

You agree to notify us within 24 hours in the event that you learn or suspect that the security of your Legend account may have been compromised by emailing support@legendtrading.com. Upon receipt of written notice from you, we will take reasonable steps to protect your account, including, for example, by temporarily restricting access to your account, suspending any pending Orders (where possible), and/or requiring you to change your login credentials. You are also responsible for monitoring your account for any unauthorized or suspicious transactions in your account - please refer to section 9 for reporting instructions.

We reserve the right to suspend or cancel your account without notice to you if we suspect that it is being used in an unauthorized or fraudulent manner.

Non-supported countries and states

Legend does not provide Services to customers in certain countries and/or US states. If you are a resident in an unsupported country and/or US state, Legend reserves the right to reject your registration application and/or to suspend or terminate your account in the event that your country or state becomes unsupported without notice to you.

Electronic communications

You understand and acknowledge that notices and communication with you will be through your account with the Third Party Platform, your account with Legend Trading or via an email sent by Legend Trading to your nominated email address. To ensure that you receive all of our communications, you agree to keep your email address up-to-date and immediately notify us at support@legendtrading.com if there are any changes to your address. Delivery of any communication to the email address associated with your account is considered valid.

Prohibited and Restricted activities.

You must not use the Services for any of activities which are prohibited or restricted by Legend Trading, as set out herein, or by Legend Trading’s authorized partners.

Use of Legend Services for any dealings, engagement, or sale of goods and/or services linked directly or indirectly with jurisdictions Legend Trading has deemed high risk is prohibited, such as Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk Regions.

Use of the Legend Services for any dealings, engagement, or sale of goods and/or services linked directly or indirectly with persons Legend has deemed high risk is also prohibited, such as those individuals or entities named to a restricted person or party list of the European Union, United Kingdom, United States, or United Nations, including the sanctions lists maintained by the U.S. Office of Foreign Assets Control or the Denied Persons List or Entity List maintained by the U.S. Department of Commerce.

You must not use Legend’s products and Services for the following activities:

Illegal products and services

  • Illegal drugs, substances designed to mimic illegal drugs, and equipment designed for making or using drugs
  • Any business or organization that (a) engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, or (b) engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic
  • Any other products or services that are in violation of law in the jurisdictions where your business is located or targeted to

Products and services that infringe intellectual property rights

  • Sales or distribution of music, movies, software, or any other licensed materials without appropriate authorization
  • Counterfeit goods; illegally imported or exported products
  • Unauthorized sale of brand name or designer products or services
  • Any other products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, proprietary or privacy rights of any third party

Products and services that are unfair, predatory, or deceptive

  • Pyramid schemes
  • ‘Get rich quick’ schemes including: investment opportunities or other services that promise high rewards to mislead consumers; schemes that claim to offer high rewards for very little effort or up front work; sites that promise fast and easy money; businesses that make outrageous claims to offer high rewards for very little effort or up front work; sites that promise fast and easy money; businesses that make outrageous claims, use deceptive testimonials, use high-pressure upselling, and/or use fake testimonials; (with or without a written contract) offering unrealistic incentives/rewards as an inducement to purchase products or services but do not respond to any queries after the purchase
  • No value-added services including sale or resale of a service without added benefit to the buyer and resale of government offerings without authorization or added value
  • Sales of online traffic or engagement
  • Negative response marketing and telemarketing
  • Predatory mortgage consulting, lending, credit repair and counseling services
  • Predatory investment opportunities with no or low money down
  • Remote technical support; mugshot publication or pay-to-remove sites; essay mills; chain letters; door-to-door sales
  • Any other businesses that Legend considers unfair, deceptive, or predatory towards consumers

Adult content and services

  • Pornography and other mature audience content depicting nudity or explicit sexual acts
  • Adult services including prostitution, escorts, pay-per view, sexual massages, and adult live chat features
  • Gentleman’s clubs, topless bars, and strip clubs

Certain legal services

  • Law firms collecting funds for purposes other than legal service fee payment
  • Bankruptcy attorneys
  • Bail bonds

Firearms, explosives and dangerous materials

  • Guns, gunpowders, ammunitions, weapons, fireworks and other explosives
  • Peptides, research chemicals, and other toxic, flammable and radioactive materials

Gambling

  • Games of chance including gambling, internet gambling, sweepstakes and contests, fantasy sports leagues with for a monetary or material prize
  • Sports forecasting or odds making with a monetary or material prize
  • Lotteries
  • Bidding fee auctions

Marijuana

  • Cannabis products
  • Cannabis dispensaries and related businesses
  • Products containing any amount of CBD or THC

Misuse of Legend products and services

  • Use of Legend products and services with false, manipulated, inaccurate, or misleading information regarding your identity, source of wealth/funds, business entity, the nature of business, and any other information requested by Legend (you must inform us immediately of any changes to your personal and business information)
  • Use of Legend products and services to facilitate transactions on behalf of another
  • Use of Legend intellectual property without prior written consent from Legend
  • Use of the Legend name or logo in a manner that otherwise harms Legend or the Legend brand
  • Any action that implies an untrue endorsement by or affiliation with Legend

We reserve the right to suspend or cancel your account without notice to you if Legend Trading and/or an authorized partner reasonably suspects that it is being used in connection with any of the prohibited and restricted activities outlined above.

PERSONAL DATA AND DATA SECURITY


Personal Data.

You acknowledge that we may process personal data in relation to you, your business entity and your employees or other individuals (as applicable), in connection with this Agreement, or the Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, the data is accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy (available at https://legendtrading.com/policy), and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and (iii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY


Disclaimer of Warranties

THE INFORMATION, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. LEGEND DOES NOT PROVIDE ANY WARRANTIES (EITHER EXPRESS OR IMPLIED) WITH RESPECT TO THE INFORMATION AND/OR SERVICES PROVIDED ON THE SITE AND/OR YOUR USE OF THE SITE GENERALLY, OR FOR ANY PARTICULAR PURPOSE, AND LEGEND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LEGEND WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE SITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, LEGEND CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER LEGEND, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY PROVIDERS OF CONTENT, SOFTWARE AND/OR TECHNOLOGY (COLLECTIVELY, THE “LEGEND PARTIES”), WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF ANY SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING ANY SITE, THE DATA CONTAINED THEREIN OR THE PRODUCTS OR SERVICES OFFERED THEREBY AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF ANY SITE OR THE MATERIALS CONTAINED THEREIN, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF LEGEND OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES.

Limitation of Liability.

IN NO EVENT WILL LEGEND OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF LEGEND OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. LEGEND CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.

INTELLECTUAL PROPERTY AND TRADEMARK


Proprietary Rights

All right, title and interest in the Site and all content contained herein is the exclusive property of Legend, except as otherwise stated. Unless otherwise specified, the Site is for your personal or internal business use only. You may print, copy and download limited amounts of information and content from the Site; provided that it is solely for your personal or internal business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the Site, except for the purposes expressly provided herein, without Legend’s prior written approval. If you copy or download any information or software from a Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

Trademark

Legend, the Legend logo, and other Legend trademarks and service marks referenced herein are trademarks and service marks of Legend. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Legend or the applicable third-party rights holder.

Copyright Complaints

Legend respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Legend in accordance with the procedure set forth below. Legend will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be sent to legal@legendtrading.com.

INFORMATION HANDLING, CONDITIONAL USE, CONTENT


User Submitted Information

As a user of the Site, you may be permitted to post certain user submitted content on various portions of the Site. For the purposes of this Agreement, all content, information and materials posted, uploaded, submitted, published or otherwise displayed through the Site shall be referred to as “User Submitted Content”. You are solely responsible for all User Submitted Content that you post, upload, submit, publish or otherwise display through the Site. Legend reserves the right to investigate and take appropriate legal action against anyone who, in Legend’s sole discretion, violates the terms of this Agreement regarding User Submitted Content, including without limitation, by removing the offending User Submitted Content from the Site, suspending or terminating the account of such violators and reporting you to the law enforcement authorities without notice. You expressly acknowledge and agree that all User Submitted Content will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
  • Not contain any content that is inaccurate, harassing, libelous, abusive, obscene, discriminatory or otherwise objectionable;
  • Not promote or solicit the purchase or sale of any product, security, financial asset or investment unless such communication is expressly permissible under the Securities Act of 1933 and all other applicable laws and regulations;
  • Not contain any software viruses, worms or other programs that may interfere with the functionality of the Site or with any user of the Site;
  • Not infringe any intellectual property or other proprietary rights of any party;
  • Not contain any information that you do not have a right to upload under any law or under contractual or fiduciary relationships;
  • Not pose or create a privacy or security risk to any person;
  • Not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; and/or
  • Contain material that, in the sole judgment of Legend, is objectionable or restricts or inhibits any other person from using or enjoying the Site and/or which may expose Legend or its users to any harm or liability of any type.

Use of Links

The Site may contain links to third party websites and/or services (each, a “Third Party Site”). These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Legend of any information contained in any Third Party Site. In no event shall Legend be responsible for the information contained on any Third Party Site and/or your use of or inability to use such site. You should also be aware that the terms and conditions and privacy policy of each Third Party Site will be different from those applicable to your use of the Site. You should contact the operator of the applicable Third Party Site for any information regarding that site’s terms and conditions and/or privacy policy.

Third Party Content

Certain portions of the Site may contain unedited or third party content, including, without limitation, User Submitted Content. All User Submitted Content and all other postings, messages, text, images, links to third-party websites or other materials published on or otherwise made available by parties other than Legend (such content, the “Third Party Content”) are the sole responsibility of the person(s) who originated such Third Party Content and Legend may not monitor and does not control such Third Party Content, although Legend reserves the right at all times (but will not have an obligation) to remove any Third Party Content. By using this Third Party Content, you agree to not rely on the Third Party Content and understand that you may be exposed to Third Party Content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that Legend makes no representations or warranties regarding the Third Party Content and is not responsible or liable in any manner for the Third Party Content or the conduct, whether online or offline, of any user. Your use of such Third Party Content may be subject to the terms of service or user agreement of such Third Party Content provider.

CRYPTOCURRENCY TRADING AND OTHER CRYPTO TRANSACTIONS


You will be able to trade supported cryptocurrencies with us, or through the Third Party Platform’s mobile applications and websites (the “Cryptocurrencies”). Legend Trading decides, in its sole discretion, which Cryptocurrencies to support and may delist a Cryptocurrency, at any time and for any reason at our sole discretion, including due to changes in a given cryptocurrency’s characteristics, regulatory considerations or risk factors.

Legend Trading may use entities affiliated with Legend Trading or authorized partners of Legend Trading to process any Cryptocurrency transactions (described in section 1.1).

Orders are placed on using your credentials for your Legend account or Third Party Platform account will be executed by Legend Trading or its authorized partner in reliance with your instructions. Orders to purchase or sell cryptocurrency are settled at the prevailing market price at the time your order is filled. You understand and acknowledge that the price at which your order is filled may vary from the price displayed to you at the time you place your order.

Any Cryptocurrency trades are subject to the applicable fees displayed to you during the purchase flow. Legend Trading’s fee schedule is subject to change from time to time, at our sole discretion, and you understand and acknowledge that you are responsible for assessing the fees prior to placing an order. You acknowledge that your placement of an order will constitute your acceptance of the fee published at the time the order is placed.

Acceptance by us of an order for a Cryptocurrency purchase (buy order) does not guarantee that you will receive the corresponding amount of Cryptocurrency. The Cryptocurrency purchase is conditional upon actual receipt by us or our authorized partner, as the case may be, of the funds from your credit card, debit card, or bank account via wire/ACH, as well as payment of any applicable fees. You also understand and acknowledge that your order or part of your order may be cancelled for any reason, including (i) where an order is placed during a scheduled or unscheduled downtime (ii) where an order violates the terms of this Agreement, (iii) where the prevailing market price changes significantly from the time your order was placed or (iv) where your order is otherwise non-marketable for any reason.

Once submitted to a Cryptocurrency network, a Cryptocurrency purchase will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Cryptocurrency network. Cryptocurrency transactions that are in a pending state will not be credited to your elected wallet until confirmed.

You represent and warrant that, for all Cryptocurrency transactions, you will only use your own funds to enter into the transactions, that any funds used as your source of funds are owned by you and that the funds are not the direct or indirect proceeds of any criminal or fraudulent activity.

If confirmed, Cryptocurrency purchases shall be credited to your elected Cryptocurrency wallet provided by you at the time of the order. Legend Trading does not permit any third party settlements. This means that the wallet address which you provide must be held in your name and any mismatches may result in delays or cancellations to your trade. You may be required to provide Legend Trading with proof to demonstrate that you personally control the wallet address.

Legend Trading does not provide Cryptocurrency custody services. Any Cryptocurrency deposits received by Legend Trading are solely intended for executing applicable trades and any Cryptocurrency credits received by Legend Trading on your behalf will be promptly delivered to you. If you fail to execute your trade within a reasonable time after placing your Order or you otherwise fail to meet Legend Trading’s account verification requirements, any Cryptocurrency deposit will be promptly returned to you.

If you are a customer residing in the US and you choose to make use of Legend Trading’s instant ACH feature, you will be buying or selling Cryptocurrency directly from Bakkt, who are the counterparty to your transaction. In cases where Bakkt credit a wallet made available to you by Bakkt, you expressly authorize Legend Trading to transfer the Cryptocurrency to the wallet elected by you and to access such wallet for the express purpose of doing so. Further, where you choose to hold Cryptocurrency deposits with Bakkt, this service is provided to you directly by Bakkt (as described in section 1.1) and the User Agreement between you and Bakkt applies to the custody of those funds.

FIAT CURRENCY TRANSACTIONS


Where you purchase Cryptocurrency using your local fiat currency, you agree to pay the designated amount using a supported payment method either (i) immediately on placing your order or (ii) where available, by pre-funding your account with enough funds to execute your order, as the case may be.

Legend Trading may use a third-party payment processor(s), entities affiliated with Legend Trading or authorized partners of Legend Trading to process any fiat payments (described in section 1.1).

No third party payments are permitted. This means that any account you use to withdraw fiat funds to must be held in your name and any mismatches may result in delays or cancellations to your transaction.

You also represent and warrant that you will only use your own funds to enter into Cryptocurrency transactions, that any fiat currency used as your source of funds is owned by you and that the fiat currency is not the direct or indirect proceeds of any criminal or fraudulent activity.

Legend Trading does not provide fiat custody services. Legend Trading is not a depository institution and has no intention or interest in holding customer funds. Any fiat deposits received by Legend Trading are solely intended for executing applicable trades Upon receipt of funds, Legend Trading will notify you and you are expected to execute your trade using your available balance immediately. Access to the services is subject to AML/KYC and other requirements, and you may be required to provide additional documents and information to Legend before executing your trade. If you fail to execute your trade within a reasonable time determined in our discretion, Legend Trading reserves the right to convert any fiat currency into Cryptocurrency at the current market price without further notice to you.

For customers residing in the US, you may choose to pre-fund fiat currency to your account or make use of instant ACH to pay for your order. These services are being provided to you directly by Bakkt (as described in section 1.1) and the User Agreement between you and Bakkt applies to the custody of those funds.

CANCELLATIONS AND REFUNDS


Once an order to buy or sell Cryptocurrency has been made it cannot be cancelled or recalled.

All orders are final and cannot be refunded once the Cryptocurrency has been sent to the Cryptocurrency wallet indicated at the time of purchase (buy order).

Once an order has been sent to the Cryptocurrency wallet indicated at the time of purchase it cannot be recalled or retrieved under any circumstances. You hereby agree that upon delivery, you will not be entitled to any credit or refund and all purchases are final. Legend Trading and/or the authorized partner’s obligations towards you will be absolutely discharged upon delivery and you shall have no claim or right against Legend Trading and/or the authorized partner upon such delivery.

TRANSACTION CONFIRMATIONS, ERRORS AND FRAUDULENT TRANSACTIONS


You are solely responsible for reviewing your order confirmations and for monitoring your transaction history for any errors or any potentially fraudulent activity.

You must report any transaction errors, unauthorized transactions or suspicious transactions as soon as possible after receiving your order confirmation by contacting support@legendtrading.com.

For Cryptocurrency transactions or trades, you hereby waive your right to dispute the transaction unless you notify us of any objections within twenty-four (24) hours of the time in which the applicable confirmation was sent. For fiat deposits or withdrawals, your recovery options are subject to the consumer liability policies of our payment providers and/or authorized partners and, under those policies, the amount you can recover may depend on how quickly you are able to notify us of the error, unauthorized transaction or suspicious transaction.

If you have not received an order confirmation or cancellation within 24 hours of placing your order, please also contact support@legendtrading.com.

If a transaction has been made fraudulently from your account, you also agree to report the incident to the relevant authorities. In the event of an investigation, you agree to allow Legend Trading or any third-party designated by us, to assist with the investigation including by disclosing any relevant account information to the authorities.

If you are a US resident and the error or fraudulent transaction relates to the provision of services by Bakkt, Legend Trading may refer to you to the Bakkt error resolution procedure or fraud reporting procedure. Any applicable recourse options available to you, reporting requirements or other requirements contained in your agreement with Bakkt will apply. If you are unsure about where to report the error, please contact support@legendtrading.com as soon as possible and we will direct you accordingly.

SUSPENSION, TERMINATION AND CANCELLATION


Legend Trading and/or an authorized partner may: (a) refuse to complete, or block or cancel a transaction, order or trade you have authorized,(b) suspend, restrict, or terminate your access to any or all of the Legend Trading Services, and/or (c) deactivate or cancel your Legend Trading Account with immediate effect for any reason, including but not limited to where:

    • We reasonably believe that we need to do so in order to protect our reputation;

    • We are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;

    • We reasonably suspect you of acting in breach of this Agreement;

    • We have concerns that a transaction is erroneous or about the security of your Legend Trading Account or we suspect the Legend Trading Services are being used in a fraudulent or unauthorized manner. An order may be deemed erroneous when its price is substantially inconsistent with the prevailing price at the time the order is filled;

    • We suspect money laundering, terrorist financing, fraud, or any other financial crime;

    • Use of your Legend Trading Account is subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your Legend Trading Account activity;

    • You take any action that may circumvent our controls such as opening multiple Legend Trading Accounts or abusing promotions which we may offer from time to time;

    • You fail to provide on request such documentation as Legend Trading (or any third party whose services we use in providing the Services to you under this Agreement) reasonably requires in order to comply with its obligations under applicable money laundering laws and regulations or otherwise to ensure the verification of your identity and/or funding sources to Legend Trading satisfaction;

    • Any Cryptocurrency Purchase is significantly larger in size;

    • Legend Trading reasonably believes that it is necessary or desirable to do so in order to protect the security of the Account, including circumstances where any Account Details may have been lost or stolen.

In the case of any such suspension, Legend Trading shall make reasonable efforts to inform you about the withholding or suspension, provided that such disclosure (a) is not in breach of any applicable law or regulation and does not contravene the instruction of any competent authority or regulator; and (b) would not compromise Legend Trading's reasonable security measures.

Legend Trading shall not be liable to you for any losses you may suffer as a result of any reasonable action it takes to suspend the Account or withhold settlement of a Cryptocurrency Purchase in accordance with this section 10.

Where the reason for the suspension, termination or cancellation ceases to exist, Legend Trading may, at its discretion, reinstate access to the Services, subject to our internal processes.

We may suspend, restrict, or terminate your access to any or all of the Legend Trading Services and/or deactivate or cancel your Legend Trading Account for any other reason by giving you reasonable notice.

You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Legend Trading Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.

DOWNTIME


The Legend Trading will use commercially reasonable efforts to provide the Services in a reliable and secure manner. From time to time, interruptions, errors, delays, or other deficiencies in providing the Services may occur due to a variety of factors, some of which are outside of our control, and some which may require or result in scheduled maintenance or unscheduled downtime of the Site or Services (collectively, “Downtime”).

You understand and acknowledge that part or all of the Site or Services may be unavailable during any such period of Downtime, and you acknowledge that Legend Trading and/or its authorized partners will not be liable or responsible to you for any inconvenience or losses to you as a result of Downtime. Following Downtime, you further understand and acknowledge that the prevailing market prices of Cryptocurrency may differ significantly from the prices prior to such downtime.

COMPLAINTS


For any complaint relating to our Services, please address your complaint to support@legendtrading.com.

If you are a customer residing in the US and your complaint relates to the provision of services provided to you by Bakkt, Legend Trading may refer to you to Bakkt’s complaints and resolution procedure for resolving your complaint. Any applicable reporting requirements, deadlines by which to report or other dispute resolution requirements contained in your agreement with Bakkt will apply to your complaint. If you are unsure about who to address your complaint to, please contact Legend Trading as soon as possible and we will direct you accordingly.

GOVERNING LAW AND DISPUTE RESOLUTION


The governing law and dispute resolution provisions set out below apply to the settlement of any disputes between you and Legend Trading.

This agreement shall be governed by and construed in accordance with the laws of California, USA. If you have any claim arising from this Agreement or dispute relating to the Legend Trading Site or services, you must notify us in writing within 30 days of your claim or dispute arising by emailing us at support@legendtrading.com.

You agree that any dispute or claim arising out of or relating in any way to this Agreement and/or the Legend Services will be resolved by binding arbitration, rather than in court, except as otherwise required by law.

Any arbitration shall be governed by the Federal Arbitration Act (“FAA”) in all respects. To notify Legend Trading that you intend to initiate arbitration proceedings, please email legal@legendtrading.com to schedule the necessary informal dispute resolution conference. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration.

By agreeing to arbitration with Legend Trading, you agree that you may bring a dispute only in your individual capacity and you waive any right to commence or participate in any class action or other representative action or proceeding against Legend Trading to the extent permissible by law.

This section shall not prevent either you or Legend Trading from seeking equitable relief in court for infringement or other misuse of intellectual property rights or for temporary or preliminary injunctive relief, to the extent permitted by applicable law.

If you are a customer residing in the US and your dispute relates to the provision of services by Bakkt, Legend Trading may refer to you to the Bakkt dispute resolution procedure. Any applicable recourse options available to you, arbitration proceedings and other requirements contained in your agreement with Bakkt will apply. If you are unsure about where to lodge your dispute, please contact Legend Trading as soon as possible and we will direct you accordingly.

GENERAL PROVISIONS


Entire agreement

This Agreement constitutes the entire agreement and understanding between you and Legend Trading and supersede any and all prior discussions, agreements and understandings of any kind (including but not limited to any prior versions of these Terms of Use).

Assignment

You may not assign or transfer any of your rights or obligations under this Agreement without Legend Trading’s prior written approval. In the event that Legend Trading is acquired by or merged with a third party, we reserve the right to transfer or assign this Agreement and any information we have collected from you as part of such merger, acquisition, sale, or other change of control.

Severability

If any provision of this Agreement, as amended from time to time, is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision shall be deemed not to form part of these Terms. The legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected and will continue in full force and effect.

Surviving provisions

All provisions of this Agreement that by their nature extend beyond the expiry or termination of the Agreement, including but not limited to, sections relating to the suspension or termination of your Account, Dispute Resolution these General Provisions, shall survive the termination.

Force Majeure events

Legend Trading shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.