Depends on the project. If you are promised a physical product , then it is a sale :<p><a href="http:&#x2F;&#x2F;backersmanual.com&#x2F;2014&#x2F;03&#x2F;19&#x2F;crowdfunding-terminology-a-legal-minefield&#x2F;" rel="nofollow">http:&#x2F;&#x2F;backersmanual.com&#x2F;2014&#x2F;03&#x2F;19&#x2F;crowdfunding-terminology...</a><p>I think that link provide an accurate description of what some transactions on KS are legally.<p>The problem is that KS TOS are vague on purpose, entertaining the confusion as backers have no legal status (hence the endless debate about what &quot;backing&quot; is), which is illegal in a lot of European countries. One day however even US justice will have to decide what is the legal status of backers once and for all.