These Beneficiary & Payable on Death (POD) Terms ("POD Terms") govern the provision and use of the beneficiary designation and access credential transfer features (the "POD Services") provided by the Company through Legacy (the "Service"). These POD Terms supplement and are incorporated into the Legacy Terms of Service, and Master Subscription Agreement, as applicable.
By using the POD Services, you agree to be bound by these POD Terms.
1. Scope of Services. The POD Services allow you, as the account holder (the "User"), to designate a beneficiary who may receive access credentials for your cryptocurrency wallet following your death. The Company acts solely as a **non-custodial facilitator** of this process and does not hold or manage digital assets, private keys, or estate documentation.
2. Eligibility. You must be of legal age and have the legal capacity to create a beneficiary designation under the laws of your jurisdiction. By using the POD Services, you represent that you are authorized to do so and that the designation is not in violation of any applicable law, will, trust, or court order.\
3. Designation Requirements. You are solely responsible for the accuracy and legality of the designation. To create a valid beneficiary designation, you must:
a. Provide accurate, complete, and current information for the designated beneficiary;
b. Submit any notarized, certified, or legally recognized documentation required by the Company;
c. Agree that the beneficiary designation is final unless properly updated prior to your death.
4. Verification and Access Facilitation. Upon notification of the User’s passing, the Company will initiate the following multi-step process modeled on standard payable on death procedures used by financial institutions and adapted to a non-custodial context.
a. Death Verification and Beneficiary Identity Validation
The Company utilizes independent, industry-standard third-party verification providers to verify the validity of the death certificate and confirm that it corresponds to the User.
The designated beneficiary must submit government-issued identification for verification by an independent, industry-standard third-party verification provider.
Once third-party verification is completed, the Company will confirm that the verified individual matches the beneficiary designation on file, in accordance with these POD Terms.
b. 30-Day Wallet Freeze (Estate Claim Waiting Period)
Following verification, the Company will initiate a 30-day hold period to allow for potential estate claims or legal objections in compliance with applicable regulations.
Where appropriate, the Company may notify the account’s registered contact or email regarding the pending transfer.
No access credentials will be transferred during this hold period.
c. Review of Legal Notices or Probate Claims
If no estate claims or legal notices are received within 30 days, the Company may proceed with the transfer to the beneficiary.
If contacted by an estate executor, legal representative, or court, the Company will pause the process and require legally sufficient documentation (e.g., probate letters, court orders).
The Company does not interpret conflicting legal documents and will defer to any active legal proceeding.
d. Finalization of Transfer
If no competing claims exist, the Company will transfer the wallet credentials to the verified beneficiary in accordance with the User’s POD designation.
If a legal proceeding is initiated, the Company will hold the credentials in abeyance until a final resolution is reached.
If the Company cannot verify or reach the designated beneficiary after commercially reasonable efforts, the designation may be deemed inactive, and no transfer will occur.
5. Limitations and Disputes. The Company will act based solely on the information provided through the POD Service and will not interpret, validate, or arbitrate: (i) Conflicting wills, trusts, estate documents, or court orders; (ii) Disputes between heirs, family members, estate administrators, or third parties. The Company disclaims any responsibility for post-transfer outcomes, including claims of misallocation, improper designation, or estate non-compliance. The Company does not mediate disputes or interpret estate documents. The POD transfer function can only be executed after subscription obligations are met. Transfer is from User to the designated beneficiary only, and non-payment may delay or block execution.The Company has the right to withhold or delay transfer pending verification and fee resolution.
6. No Legal, Financial, Estate Planning or Tax Advice. The Company does not provide legal, financial, estate planning, or tax advice. You are solely responsible for consulting appropriate professionals before using the POD Services. Beneficiaries are responsible for understanding and complying with any legal or tax obligations resulting from receipt of access credentials.
7. Indemnification and Hold Harmless. By using the POD Services, you and your estate agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, employees, and contractors from and against any and all claims, disputes, losses, damages, liabilities, or expenses (including attorneys’ fees) arising out of or related to:
a. Your beneficiary designation or any resulting disputes;
b. Failure to comply with estate, inheritance, or tax laws;
c. Misuse of the POD Services, user error, or fraudulent claims.
8. Disclaimer of Liability. The POD Services are offered “as is,” without warranties of any kind. The Company disclaims liability for:
a. The legality, enforceability, or effectiveness of any beneficiary designation;
b. The conduct of third-party verification partners;
c. Any delays, failures, or disputes related to the POD process.
d. The Company is not responsible for posthumous asset transfers, legal disputes, or third-party claims.
9. Amendments and Termination. The Company may update these POD Terms from time to time. Any modifications will apply only to Users actively using the POD Services at the time of such changes, and will not alter the rights or obligations associated with completed beneficiary designations following a User’s verified death. The Company may suspend or terminate a User’s access to the POD Services if:
a. False or misleading information is provided;
b. Verification fails or cannot be completed;
c. Required legal documentation is not submitted, complete, or valid.
