| Before | After | ||
|---|---|---|---|
| 2 | MetaMask is a product built by Consensys Software Inc. | 2 | Consensys Software Inc., doing business as MetaMask ("MetaMask," "we," "us," or "our") operates the MetaMask platform for self-custodial finance. |
| 3 | (“Consensys,” “we,” “us,” or “our”). | 3 | For the avoidance of doubt, references to "Consensys" in this agreement refer to Consensys Software Inc. and not to Consensys Incorporated, a legally separate entity. |
| 4 | Consensys is the leading blockchain software development company. | 4 | We operate top level domain websites, including https://metamask.io/ and https://consensys.io/, that serve information regarding MetaMask and our products and services (collectively, the "Offerings"), as well as sub-domains for our products or services (the top level domain with the sub-domains collectively referred to as the "Site"), which include text, images, audio, code and other materials or third party information. |
| 5 | With a focus on utilizing decentralized technologies, such as Ethereum, our software is powering a revolution in commerce and finance and helping to optimize business processes. | — | Removed |
| 6 | Consensys hosts a top level domain website, https://consensys.io/ , that serves information regarding Consensys and our products and services (collectively, the “Offerings”), as well as sub-domains for our products or services (the top level domain with the sub-domains collectively referred to as the “Site”), which include text, images, audio, code and other materials or third party information. | — | Removed |
| 9 | By using the Site, clicking a button or checkbox to accept or agree to these Terms where that option is made available, clicking a button to use or access any of the Offerings, completing an Order, or, if earlier, using or otherwise accessing the Offerings (the date on which any of the events listed above occur being the “Effective Date”), you (1) accept and agree to these Terms and any additional terms that apply to certain Additional Offerings (as defined below), rules and conditions of participation issued by Consensys from time to time and (2) agree to the collection, use, disclosure and other handling of information as described in our Privacy Notice. | 7 | By using the Site, clicking a button or checkbox to accept or agree to these Terms where that option is made available, clicking a button to use or access any of the Offerings, completing an Order, or, if earlier, using or otherwise accessing the Offerings (the date on which any of the events listed above occur being the “Effective Date”), you (1) accept and agree to these Terms and any additional terms that apply to certain Additional Offerings (as defined below), rules and conditions of participation issued by MetaMask from time to time and (2) agree to the collection, use, disclosure and other handling of information as described in our Privacy Notice. |
| 20 | Consensys offers a number of Offerings under the Consensys brand or brands owned by us. | 18 | MetaMask offers a number of Offerings under the MetaMask brand or brands owned by us. |
| 23 | Some Offerings may require you to create an account with Consensys, enter a valid form of payment, and select a paid plan (a “Paid Plan”), or initiate an Order. 1.3 Third-Party Content and Services. | 21 | Some Offerings may require you to create an account with MetaMask, enter a valid form of payment, and select a paid plan (a “Paid Plan”), or initiate an Order. 1.3 Third-Party Content and Services. |
| 28 | Such terms may also apply a privacy notice different than that which Consensys maintains and incorporates into this Agreement. | 26 | Such terms may also apply a privacy notice different than that which MetaMask maintains and incorporates into this Agreement. |
| 35 | Consensys disclaims all responsibility and liability for any Losses on account of your reliance upon or use of such content or services. | 33 | MetaMask disclaims all responsibility and liability for any Losses on account of your reliance upon or use of such content or services. |
| 40 | Without limiting Section 1.3, you acknowledge and agree that mUSD is a digital asset that is issued, administered, governed, supported, and/or made available by one or more third parties, and is not issued by Consensys. | 38 | Without limiting Section 1.3, you acknowledge and agree that mUSD is a digital asset that is issued, administered, governed, supported, and/or made available by one or more third parties, and is not issued by MetaMask. |
| 50 | All support made available or provided by or on behalf of Consensys is believed to be reliable, but we do not make representations or warranties, express or implied, as to its accuracy, its completeness, or the results to be obtained. | 48 | All support made available or provided by or on behalf of MetaMask is believed to be reliable, but we do not make representations or warranties, express or implied, as to its accuracy, its completeness, or the results to be obtained. |
| 66 | For any Offerings, whether they require that you set up an account with Consensys (such as Infura) or they do not (such as MetaMask), and except to the extent caused by our breach of this Agreement, (a) you are responsible for all activities that occur with respect to your use of the Offerings, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your AI Agents, contractors, agents or other End Users), and (b) we and our affiliates are not responsible for unauthorized access to the Offerings or your account, including any access that occurred as a result of fraud, phishing, or other criminal activity perpetrated against you by third parties. | 64 | For any Offerings, whether they require that you set up an account (such as Infura) or they do not (such as MetaMask), and except to the extent caused by our breach of this Agreement, (a) you are responsible for all activities that occur with respect to your use of the Offerings, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your AI Agents, contractors, agents or other End Users), and (b) we and our affiliates are not responsible for unauthorized access to the Offerings or your account, including any access that occurred as a result of fraud, phishing, or other criminal activity perpetrated against you by third parties. |
| 108 | Further, excessive API requests, as determined by Consensys in our sole discretion, may result in the temporary or permanent suspension of your access to an account or to your use of the applicable Offering. | 106 | Further, excessive API requests, as determined by MetaMask in our sole discretion, may result in the temporary or permanent suspension of your access to an account or to your use of the applicable Offering. |
| 109 | Consensys is not required but will endeavor, when reasonable, to warn an account owner or user prior to suspension. 6. | 107 | MetaMask is not required but will endeavor, when reasonable, to warn an account owner or user prior to suspension. 6. |
| 116 | For Paid Plans, Consensys may terminate this Agreement for any reason after providing 30 calendar days' written notice. | 114 | For Paid Plans, MetaMask may terminate this Agreement for any reason after providing 30 calendar days' written notice. |
| 145 | (a) Subject to the limitations in this Section 8, you will defend Consensys, its affiliates, and their respective employees, officers, and directors against any third-party claim alleging that any of Your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement. | 143 | (a) Subject to the limitations in this Section 8, you will defend MetaMask, its affiliates, and their respective employees, officers, and directors against any third-party claim alleging that any of Your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement. |
| 146 | (b) Consensys's aggregate liability under this Section 8.2 shall not exceed the greater of (a) twelve (12) months of fees paid by you for the applicable Offering in the twelve months preceding the claim, or (b) two hundred fifty thousand dollars ($250,000), excluding attorneys' fees. | 144 | (b) MetaMask's aggregate liability under this Section 8.2 shall not exceed the greater of (a) twelve (12) months of fees paid by you for the applicable Offering in the twelve months preceding the claim, or (b) two hundred fifty thousand dollars ($250,000), excluding attorneys' fees. |
| 147 | The foregoing cap shall not apply to indemnification obligations arising from Consensys's gross negligence or willful misconduct. | 145 | The foregoing cap shall not apply to indemnification obligations arising from MetaMask's gross negligence or willful misconduct. |
| 154 | YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED AND ARE NOT RELYING UPON ANY REPRESENTATION OR WARRANTY FROM CONSENSYS THAT IS NOT OTHERWISE IN THIS AGREEMENT OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN US, AND YOU AGREE YOU WILL NOT TAKE A POSITION IN ANY PROCEEDING THAT IS INCONSISTENT WITH THIS PROVISION. | 152 | YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED AND ARE NOT RELYING UPON ANY REPRESENTATION OR WARRANTY FROM METAMASK THAT IS NOT OTHERWISE IN THIS AGREEMENT OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN US, AND YOU AGREE YOU WILL NOT TAKE A POSITION IN ANY PROCEEDING THAT IS INCONSISTENT WITH THIS PROVISION. |
| 155 | (a) WITHOUT LIMITING SECTION 9.1, YOU UNDERSTAND AND ACCEPT THAT CONSENSYS DOES NOT CONTROL mUSD, THE ISSUER OF mUSD, OR ANY THIRD PARTY SERVICE RELATING TO MUSD, INCLUDING ANY THIRD-PARTY COMPLIANCE, SECURITY, ANALYTICS, FRAUD-PREVENTION, SANCTIONS-SCREENING, MONITORING, PAYMENT, OR LIQUIDITY PROVIDER. | 153 | (a) WITHOUT LIMITING SECTION 9.1, YOU UNDERSTAND AND ACCEPT THAT METAMASK DOES NOT CONTROL mUSD, THE ISSUER OF mUSD, OR ANY THIRD PARTY SERVICE RELATING TO MUSD, INCLUDING ANY THIRD-PARTY COMPLIANCE, SECURITY, ANALYTICS, FRAUD-PREVENTION, SANCTIONS-SCREENING, MONITORING, PAYMENT, OR LIQUIDITY PROVIDER. |
| 157 | YOU AGREE THAT YOU ALONE, AND NOT CONSENSYS, ARE RESPONSIBLE FOR YOUR DECISION TO ACQUIRE, HOLD, OR USE mUSD OR TO ENGAGE IN ANY TRANSACTION INVOLVING MUSD. | 155 | YOU AGREE THAT YOU ALONE, AND NOT METAMASK, ARE RESPONSIBLE FOR YOUR DECISION TO ACQUIRE, HOLD, OR USE mUSD OR TO ENGAGE IN ANY TRANSACTION INVOLVING MUSD. |
| 159 | CONSENSYS IS NOT RESPONSIBLE FOR ANY SUCH LOSS OR FOR THE REGULATORY STATUS, TREATMENT, OR ENFORCEMENT POSTURE APPLICABLE TO mUSD IN ANY JURISDICTION. 9.2 RISKS. | 157 | METAMASK IS NOT RESPONSIBLE FOR ANY SUCH LOSS OR FOR THE REGULATORY STATUS, TREATMENT, OR ENFORCEMENT POSTURE APPLICABLE TO mUSD IN ANY JURISDICTION. 9.2 RISKS. |
| 165 | YOU FURTHER UNDERSTAND THAT BLOCKCHAIN PROTOCOLS PRESENT THEIR OWN RISKS OF USE, THAT SUPPORTING OR PARTICIPATING IN THE PROTOCOL MAY RESULT IN LOSSES IF YOUR PARTICIPATION VIOLATES CERTAIN PROTOCOL RULES, THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE, THAT YOUR PRIVATE KEY AND SECRET RECOVERY PHRASE MUST BE KEPT SECRET AT ALL TIMES, THAT CONSENSYS WILL NOT STORE A BACKUP OF, NOR WILL BE ABLE TO DISCOVER OR RECOVER, YOUR PRIVATE KEY OR SECRET RECOVERY PHRASE, THAT DIGITALLY COPYING AND STORING YOUR SECRET RECOVERY PHRASE ON A CLOUD STORAGE SYSTEM OR OTHER THIRD PARTY SUPPORTED DATA STORAGE, INCLUDING YOUR PERSONAL DEVICE, MAY INCREASE THE RISK OF LOSS OR THEFT, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY APPROVALS OR PERMISSIONS YOU PROVIDE BY CRYPTOGRAPHICALLY SIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS, ESPECIALLY THOSE RESPONDING TO SOLICITATIONS AND OTHER PROMPTS FROM THIRD PARTIES. | 163 | YOU FURTHER UNDERSTAND THAT BLOCKCHAIN PROTOCOLS PRESENT THEIR OWN RISKS OF USE, THAT SUPPORTING OR PARTICIPATING IN THE PROTOCOL MAY RESULT IN LOSSES IF YOUR PARTICIPATION VIOLATES CERTAIN PROTOCOL RULES, THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE, THAT YOUR PRIVATE KEY AND SECRET RECOVERY PHRASE MUST BE KEPT SECRET AT ALL TIMES, THAT METAMASK WILL NOT STORE A BACKUP OF, NOR WILL BE ABLE TO DISCOVER OR RECOVER, YOUR PRIVATE KEY OR SECRET RECOVERY PHRASE, THAT DIGITALLY COPYING AND STORING YOUR SECRET RECOVERY PHRASE ON A CLOUD STORAGE SYSTEM OR OTHER THIRD PARTY SUPPORTED DATA STORAGE, INCLUDING YOUR PERSONAL DEVICE, MAY INCREASE THE RISK OF LOSS OR THEFT, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY APPROVALS OR PERMISSIONS YOU PROVIDE BY CRYPTOGRAPHICALLY SIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS, ESPECIALLY THOSE RESPONDING TO SOLICITATIONS AND OTHER PROMPTS FROM THIRD PARTIES. |
| 170 | YOU UNDERSTAND THAT THE COST AND SPEED OF A BLOCKCHAIN-BASED SYSTEM IS VARIABLE, THAT COST MAY INCREASE DRAMATICALLY AT ANY TIME, AND THAT COST AND SPEED IS NOT WITHIN THE CAPABILITY OF CONSENSYS TO CONTROL. | 168 | YOU UNDERSTAND THAT THE COST AND SPEED OF A BLOCKCHAIN-BASED SYSTEM IS VARIABLE, THAT COST MAY INCREASE DRAMATICALLY AT ANY TIME, AND THAT COST AND SPEED IS NOT WITHIN THE CAPABILITY OF METAMASK TO CONTROL. |
| 172 | YOU UNDERSTAND AND ACCEPT THAT CONSENSYS DOES NOT CONTROL ANY BLOCKCHAIN PROTOCOL, NOR DOES CONSENSYS CONTROL ANY SMART CONTRACT THAT IS NOT OTHERWISE OFFERED BY CONSENSYS AS PART OF THE OFFERINGS AND IS NOT ITSELF A THIRD PARTY SERVICE. | 170 | YOU UNDERSTAND AND ACCEPT THAT METAMASK DOES NOT CONTROL ANY BLOCKCHAIN PROTOCOL, NOR DOES METAMASK CONTROL ANY SMART CONTRACT THAT IS NOT OTHERWISE OFFERED BY METAMASK AS PART OF THE OFFERINGS AND IS NOT ITSELF A THIRD PARTY SERVICE. |
| 173 | YOU UNDERSTAND AND ACCEPT THAT CONSENSYS DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE TRANSITION OF ANY BLOCKCHAIN PROTOCOL FROM PROOF OF WORK TO PROOF OF STAKE CONSENSUS OR THE FUNCTIONING OF ANY PROTOCOL AFTER IT UNDERGOES A TECHNICAL UPGRADE. | 171 | YOU UNDERSTAND AND ACCEPT THAT METAMASK DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE TRANSITION OF ANY BLOCKCHAIN PROTOCOL FROM PROOF OF WORK TO PROOF OF STAKE CONSENSUS OR THE FUNCTIONING OF ANY PROTOCOL AFTER IT UNDERGOES A TECHNICAL UPGRADE. |
| 174 | YOU UNDERSTAND AND ACCEPT THAT CONSENSYS DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICE. | 172 | YOU UNDERSTAND AND ACCEPT THAT METAMASK DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICE. |
| 175 | YOU AGREE THAT YOU ALONE, AND NOT CONSENSYS, IS RESPONSIBLE FOR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH REGARD TO SUPPORTING ANY BLOCKCHAIN PROTOCOL WHETHER THROUGH TRANSACTION VALIDATION OR OTHERWISE, OR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH ANY THIRD-PARTY-DEVELOPED SMART CONTRACT OR TOKEN, INCLUDING TOKENS THAT WERE CREATED BY A THIRD PARTY FOR THE PURPOSE OF FRAUDULENTLY MISREPRESENTING AFFILIATION WITH ANY BLOCKCHAIN PROJECT. | 173 | YOU AGREE THAT YOU ALONE, AND NOT METAMASK, IS RESPONSIBLE FOR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH REGARD TO SUPPORTING ANY BLOCKCHAIN PROTOCOL WHETHER THROUGH TRANSACTION VALIDATION OR OTHERWISE, OR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH ANY THIRD-PARTY-DEVELOPED SMART CONTRACT OR TOKEN, INCLUDING TOKENS THAT WERE CREATED BY A THIRD PARTY FOR THE PURPOSE OF FRAUDULENTLY MISREPRESENTING AFFILIATION WITH ANY BLOCKCHAIN PROJECT. |
| 176 | YOU AGREE THAT CONSENSYS IS NOT RESPONSIBLE FOR THE REGULATORY STATUS OR TREATMENT IN ANY JURISDICTION OF ANY DIGITAL ASSETS THAT YOU MAY ACCESS OR TRANSACT WITH USING CONSENSYS OFFERINGS. | 174 | YOU AGREE THAT METAMASK IS NOT RESPONSIBLE FOR THE REGULATORY STATUS OR TREATMENT IN ANY JURISDICTION OF ANY DIGITAL ASSETS THAT YOU MAY ACCESS OR TRANSACT WITH USING METAMASK OFFERINGS. |
| 181 | CONSENSYS SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO ANY OFFERING EXCEPT TO THE EXTENT THAT SUCH DAMAGES ARE DETERMINED BY FINAL JUDGMENT OF A COURT OR ARBITRATOR. 10.2 Exclusion of Consequential and Related Damages. | 179 | METAMASK SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO ANY OFFERING EXCEPT TO THE EXTENT THAT SUCH DAMAGES ARE DETERMINED BY FINAL JUDGMENT OF A COURT OR ARBITRATOR. 10.2 Exclusion of Consequential and Related Damages. |
| 184 | WITHOUT LIMITING SECTION 10.1 OR 10.2, CONSENSYS SHALL HAVE NO LIABILITY TO YOU ARISING OUT OF OR RELATING TO ANY FREEZE, BLOCK, BLACKLIST, RESTRICTION, DELAY, REJECTION, SEIZURE, BURN, DISABLEMENT, OR OTHER COMPLIANCE OR SECURITY ACTION AFFECTING mUSD THAT IS TAKEN OR NOT TAKEN BY THE ISSUER OF mUSD OR ANY THIRD PARTY SERVICE OR THIRD PARTY CONTENT PROVIDER. | 182 | WITHOUT LIMITING SECTION 10.1 OR 10.2, METAMASK SHALL HAVE NO LIABILITY TO YOU ARISING OUT OF OR RELATING TO ANY FREEZE, BLOCK, BLACKLIST, RESTRICTION, DELAY, REJECTION, SEIZURE, BURN, DISABLEMENT, OR OTHER COMPLIANCE OR SECURITY ACTION AFFECTING mUSD THAT IS TAKEN OR NOT TAKEN BY THE ISSUER OF mUSD OR ANY THIRD PARTY SERVICE OR THIRD PARTY CONTENT PROVIDER. |
| 223 | Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns. 12.2 DAOs. As a blockchain native company, we may interact with and provide certain Offerings to DAOs. Due to the unique nature of DAOs, to the extent the DAO votes in favor of and/or accepts such Offerings from Consensys, the DAO has acknowledged and agreed to these Terms in their entirety. 12.3 Entire Agreement and Modifications. | 221 | Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns. 12.2 DAOs. As a blockchain native company, we may interact with and provide certain Offerings to DAOs. Due to the unique nature of DAOs, to the extent the DAO votes in favor of and/or accepts such Offerings from MetaMask, the DAO has acknowledged and agreed to these Terms in their entirety. 12.3 Entire Agreement and Modifications. |
| 255 | You agree not to, and not to allow third parties to, use the Offerings: to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act); to engage in, promote or encourage any illegal or infringing content; for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website); to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; to interfere with the use of the Offerings, or the equipment used to provide the Offerings, by customers, authorized resellers, or other authorized users; to disable, interfere with or circumvent any aspect of the Offerings (for example, any thresholds or limits); to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertising or other solicitation; or to use the Offerings, or any interfaces provided with the Offerings, to access any other product or service in a manner that violates the terms of service of such other product or service. “AI Agents” means autonomous or semi-autonomous software programs authorized by you, users or End Users to interact with the Offerings, execute transactions, or manage data on your, the user’s, or End User’s behalf. “AI Offerings” means any features within the Offerings that utilize artificial intelligence, machine learning, or similar technologies to generate content, provide insights, or automate tasks. “API” means an application program interface. “API Requests” has the meaning set forth in Section 5.3. “Applicable Threshold” has the meaning set forth in Section 4.2. “Base Fees” has the meaning set forth in Section 4.2. “Content” means any data, text, audio, video or images, software (including machine images), and any documentation. “DAO” means Decentralized Autonomous Organization. “Digital Assets” means any digital asset (including virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network. “End User” means any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses the Offerings under your account. “Fees” has the meaning set forth in Section 4.2. “Losses” means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).’ “Our Content” means any software (including machine images), data, text, audio, video, images, or documentation that we offer in connection with the Offerings. “Our Marks” means any trademarks, service marks, service or trade names, logos, and other designations of Consensys Software Inc. and their affiliates or licensors that we may make available to you in connection with this Agreement. “Order” means an order for Offerings executed through an order form directly with Consensys, or through a cloud vendor, such as Amazon Web Services, Microsoft Azure, or Google Cloud. “Offerings” means each of the products and services, including but not limited to Codefi, Infura, MetaMask, Quorum and any other features, tools, materials, or services offered from time to time, by us or our affiliates. “Policies” means the Acceptable Use Policy, Privacy Notice, any supplemental policies or addendums applicable to any Service as provided to you, and any other policy or terms referenced in or incorporated into this Agreement, each as may be updated by us from time to time. “Privacy Notice” means the privacy notice located at https://metamask.io/privacy-notice (and any successor or related locations designated by us), as it may be updated by us from time to time. “Service Offerings” means the Services (including associated APIs), Our Content, Our Marks, and any other product or service provided by us under this Agreement. | 253 | You agree not to, and not to allow third parties to, use the Offerings: to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act); to engage in, promote or encourage any illegal or infringing content; for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website); to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; to interfere with the use of the Offerings, or the equipment used to provide the Offerings, by customers, authorized resellers, or other authorized users; to disable, interfere with or circumvent any aspect of the Offerings (for example, any thresholds or limits); to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertising or other solicitation; or to use the Offerings, or any interfaces provided with the Offerings, to access any other product or service in a manner that violates the terms of service of such other product or service. “AI Agents” means autonomous or semi-autonomous software programs authorized by you, users or End Users to interact with the Offerings, execute transactions, or manage data on your, the user’s, or End User’s behalf. “AI Offerings” means any features within the Offerings that utilize artificial intelligence, machine learning, or similar technologies to generate content, provide insights, or automate tasks. “API” means an application program interface. “API Requests” has the meaning set forth in Section 5.3. “Applicable Threshold” has the meaning set forth in Section 4.2. “Base Fees” has the meaning set forth in Section 4.2. “Content” means any data, text, audio, video or images, software (including machine images), and any documentation. “DAO” means Decentralized Autonomous Organization. “Digital Assets” means any digital asset (including virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network. “End User” means any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses the Offerings under your account. “Fees” has the meaning set forth in Section 4.2. “Losses” means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).’ “Our Content” means any software (including machine images), data, text, audio, video, images, or documentation that we offer in connection with the Offerings. “Our Marks” means any trademarks, service marks, service or trade names, logos, and other designations of Consensys Software Inc., doing business as MetaMask, and their affiliates or licensors that we may make available to you in connection with this Agreement. “Order” means an order for Offerings executed through an order form directly with MetaMask, or through a cloud vendor, such as Amazon Web Services, Microsoft Azure, or Google Cloud. “Offerings” means each of the products and services, including but not limited to Infura, MetaMask, and any other features, tools, materials, or services offered from time to time, by us or our affiliates. “Policies” means the Acceptable Use Policy, Privacy Notice, any supplemental policies or addendums applicable to any Service as provided to you, and any other policy or terms referenced in or incorporated into this Agreement, each as may be updated by us from time to time. “Privacy Notice” means the privacy notice located at https://metamask.io/privacy-notice (and any successor or related locations designated by us), as it may be updated by us from time to time. “Service Offerings” means the Services (including associated APIs), Our Content, Our Marks, and any other product or service provided by us under this Agreement. |
| 258 | Appendix 1 - Additional Offerings In addition to the Service Offerings described in the Terms, the following services ("Additional Offerings") may be made available by Consensys to You. | 256 | Appendix 1 - Additional Offerings In addition to the Service Offerings described in the Terms, the following services ("Additional Offerings") may be made available by MetaMask to You. |
| 264 | You may choose to stake your assets by delegating to a Consensys-operated validator node or to a third-party validator node (both a “Designated Validator Node”). | 262 | You may choose to stake your assets by delegating to a MetaMask-operated validator node or to a third-party validator node (both a “Designated Validator Node”). |
| 266 | CONSENSYS DOES NOT PROVIDE ANY ADVICE OR MAKE ANY RECOMMENDATIONS ABOUT ENGAGING IN STAKING OR CHOOSING A VALIDATOR. | 264 | METAMASK DOES NOT PROVIDE ANY ADVICE OR MAKE ANY RECOMMENDATIONS ABOUT ENGAGING IN STAKING OR CHOOSING A VALIDATOR. |
| 268 | Consensys reserves the right to modify the list of referenced validators at any time without prior notice. 1.2. Staking Rewards and Fees. | 266 | MetaMask reserves the right to modify the list of referenced validators at any time without prior notice. 1.2. Staking Rewards and Fees. |
| 271 | If the Designated Validator Node successfully validates a block of transactions in that network, you may receive staking rewards granted by such network and Consensys will receive a flat service fee (at the rate indicated either on the Site or in the user interface of the Offering). | 269 | If the Designated Validator Node successfully validates a block of transactions in that network, you may receive staking rewards granted by such network and MetaMask will receive a flat service fee (at the rate indicated either on the Site or in the user interface of the Offering). |
| 274 | Consensys operates non-custodial services, including staking, meaning we do not have access to the security key that permits you to access the funds you have staked and any rewards you have earned. | 272 | MetaMask operates non-custodial services, including staking, meaning we do not have access to the security key that permits you to access the funds you have staked and any rewards you have earned. |
| 276 | You acknowledge that you and not Consensys are responsible for safeguarding the security key that controls access to your staked tokens and your rewards. 1.4 Disclaimer and Slashing. | 274 | You acknowledge that you and not MetaMask are responsible for safeguarding the security key that controls access to your staked tokens and your rewards. 1.4 Disclaimer and Slashing. |
| 278 | Consensys is not responsible in any way for any failure by any supported blockchain network to transfer rewards (including any risks of “slashing”) or for the loss, destruction, or transfer of rewards to the incorrect wallet address. | 276 | MetaMask is not responsible in any way for any failure by any supported blockchain network to transfer rewards (including any risks of “slashing”) or for the loss, destruction, or transfer of rewards to the incorrect wallet address. |
| 279 | Consensys does not guarantee uninterrupted or error-free operation of the staking services or that it will correct all defects or prevent third-party disruptions or unauthorized third party access. 1.5 Suspension, Termination and Withdrawal. | 277 | MetaMask does not guarantee uninterrupted or error-free operation of the staking services or that it will correct all defects or prevent third-party disruptions or unauthorized third party access. 1.5 Suspension, Termination and Withdrawal. |
| 281 | Depending on the protocol and the provider withdrawal processing queue, which Consensys does not control, the unstaking process may take hours or even days to complete. | 279 | Depending on the protocol and the provider withdrawal processing queue, which MetaMask does not control, the unstaking process may take hours or even days to complete. |
| 284 | Consensys may suspend or terminate this staking offering for any reason in its sole discretion and is under no obligation to disclose the details of its decision to take such action with you, but if Consensys does so, Consensys will not itself inhibit access to your staked tokens or to any rewards you have earned, but we take no responsibility for any third party service provider or any third party protocol. | 282 | MetaMask may suspend or terminate this staking offering for any reason in its sole discretion and is under no obligation to disclose the details of its decision to take such action with you, but if MetaMask does so, MetaMask will not itself inhibit access to your staked tokens or to any rewards you have earned, but we take no responsibility for any third party service provider or any third party protocol. |
| 285 | In certain offerings, such as MetaMask Validator Staking, Consensys may be able to initiate the un-stake process to the wallet you staked with. | 283 | In certain offerings, such as MetaMask Validator Staking, MetaMask may be able to initiate the un-stake process to the wallet you staked with. |
| 286 | Upon 90 days notice from Consensys of termination of the offering or suspension of your access, you must initiate and complete the un-stake process. | 284 | Upon 90 days notice from MetaMask of termination of the offering or suspension of your access, you must initiate and complete the un-stake process. |
| 287 | Upon expiration of that 90 day notice period, in its sole discretion, Consensys may initiate the un-stake process on your behalf and your staked tokens and any rewards issued by the third party protocol to the wallet you staked with and will not be accessible by Consensys. 1.6 No Guarantee of Rewards. | 285 | Upon expiration of that 90 day notice period, in its sole discretion, MetaMask may initiate the un-stake process on your behalf and your staked tokens and any rewards issued by the third party protocol to the wallet you staked with and will not be accessible by MetaMask. 1.6 No Guarantee of Rewards. |
| 288 | CONSENSYS DOES NOT GUARANTEE THAT YOU WILL RECEIVE STAKING REWARDS OR ANY STAKING REWARD RATES. | 286 | METAMASK DOES NOT GUARANTEE THAT YOU WILL RECEIVE STAKING REWARDS OR ANY STAKING REWARD RATES. |
| 289 | SUCCESSFUL TRANSFER OF THE REWARDS IS SUBJECT TO THE PROOF-OF-STAKE NETWORKS AND IS NOT UNDER CONSENSYS’ CONTROL. | 287 | SUCCESSFUL TRANSFER OF THE REWARDS IS SUBJECT TO THE PROOF-OF-STAKE NETWORKS AND IS NOT UNDER METAMASK’ CONTROL. |
| 290 | REWARD RATES ARE DETERMINED BY THE UNDERLYING PROTOCOLS AND NOT BY CONSENSYS AND MAY FLUCTUATE, INCLUDING BECAUSE THE UNDERLYING SERVICES GENERATING REWARDS ARE PERFORMED IMPROPERLY. 2. | 288 | REWARD RATES ARE DETERMINED BY THE UNDERLYING PROTOCOLS AND NOT BY METAMASK AND MAY FLUCTUATE, INCLUDING BECAUSE THE UNDERLYING SERVICES GENERATING REWARDS ARE PERFORMED IMPROPERLY. 2. |
| 305 | Consensys provides the interface through which you access Money Account. 3.2 Third Party Services. | 303 | MetaMask provides the interface through which you access Money Account. 3.2 Third Party Services. |
Follow unlimited companies, monitor the clauses that matter across every platform, and get the full institutional analysis on what each change obligates you to do.