9 Total
3 High severity
6 Medium severity
0 Low severity
Summary

This document establishes the terms governing use of MetaMask's wallet platform, including token swap, crypto purchase, staking, and related financial services. The agreement specifies that MetaMask operates as a non-custodial service, meaning Consensys does not hold user funds or private keys, and establishes that users retain sole responsibility for securing their Secret Recovery Phrase and managing transaction risk. The terms include a mandatory arbitration clause and class action waiver applicable to disputes, with a 30-day opt-out period following initial acceptance.

Technical / Legal Breakdown

This document constitutes the Terms of Service governing use of MetaMask, a non-custodial cryptocurrency wallet and associated services developed by Consensys Software Inc., establishing a contractual relationship under which users retain sole custody of their private keys and bear full responsibility for all transactions executed through the wallet. The agreement states that MetaMask charges fees for certain services including token swaps and crypto purchases, reserves the right to modify or discontinue services at any time without prior notice, and prohibits use by persons in certain jurisdictions including the United States for specific features such as derivatives trading. The terms include a broad limitation of liability capping Consensys's financial exposure to amounts paid by the user in the preceding twelve months, a class action waiver, and a mandatory arbitration clause covering most disputes, which collectively restrict users' ability to seek collective legal relief or jury trials; applicable consumer protection law in certain jurisdictions may limit the enforceability of these provisions. The agreement engages with U.S. financial services regulatory frameworks given MetaMask's crypto transaction facilitation functions, with potential relevance to FTC consumer protection authority and, depending on feature-specific characterization of tokens traded, SEC jurisdiction; EU and UK users face additional regulatory overlay under MiCA and FCA frameworks, and the terms' geographic restrictions and feature-by-feature carve-outs create materially different compliance postures across jurisdictions.

Institutional Analysis

Institutional analysis available with Compliance

Regulatory exposure by statute, material risk assessment, vendor due diligence action items, and enforcement precedent. Available on Compliance.

Start Compliance free trial

1 important change detected

3 versions captured · Last updated: July 2026

July 1, 2026

medium
What changed MetaMask updated its Terms of Use in June 2026, adding 59 sentences and modifying 24 others across 319 total sentences. Key changes include: explicit recognition that UK, EU, and EEA consumers retain statutory consumer protection rights that override conflicting terms; clarification that mUSD is a third-party digital asset not issued by Consensys; and terminological updates replacing 'privacy policy' with 'privacy notice' throughout. The terms now state that where local consumer protection law conflicts with the agreement, those laws prevail.
Why this matters The updated terms explicitly state that UK, EU, and EEA consumers retain statutory consumer protection rights that cannot be limited or excluded by the agreement, and that applicable local law prevails in the event of conflict with these terms. This adds clarity to the legal framework but does not change substantive protections for those users. The terms also clarify that mUSD is a third-party digital asset not issued by Consensys, treating it as a third-party service subject to the agreement's limitations on Consensys' responsibility for third-party services.
View full change record →

Recent Provision Changes Jul 1, 2026

Added (4)
Swap Fee Structure Medium

This new provision formalizes MetaMask's revenue model from swaps and discloses fee structures, indicating expanded services beyond wallet functionality.

Geographic Restrictions on Features Medium

This provision adds specific feature restrictions and shifts compliance responsibility to users, particularly regarding derivatives trading unavailability in the US.

Indemnification by User Medium

This broad indemnification clause requires users to cover Consensys's legal costs and liabilities, significantly expanding user financial exposure.

Account Termination and Service Access Medium

This provision grants Consensys unilateral termination rights with no liability and no stated reason requirement, creating risk of arbitrary access loss.

Removed (5)
Comprehensive Disclaimer of Warranties

Removal of explicit comprehensive warranty disclaimer may indicate regulatory concerns or changes in legal strategy regarding service guarantees.

Prohibited Jurisdictions and Sanctions Compliance

Removal of specific restricted jurisdictions and sanctions language may indicate broadened service availability or reliance on geographic restrictions provision instead.

Third-Party Service Integration Disclaimer

Removal of this disclaimer may indicate tighter integration with third-party services or updated disclaimers elsewhere, but creates ambiguity on third-party liability.

User-Generated Content and Intellectual Property License

Removal may indicate reduced user-generated content features or integration, or relocation of this clause to other terms or privacy policies.

Age Restriction — 18 Years Minimum

Removal of explicit age restriction may indicate relocation to separate terms or reduced emphasis on age gating, but does not necessarily eliminate the requirement.

Modified (5)
Mandatory Arbitration and Class Action Waiver

Company name changed from MetaMask to Consensys, language simplified from formal notice format to clearer arbitration agreement structure, and explicit carve-out added for intellectual property violations.

Limitation of Liability

Company name changed to Consensys, liability cap formula changed from flat $100 to the greater of amounts paid in preceding 12 months or $100, and added service providers to named parties, making the cap potentially higher depending on user payments.

Non-Custodial Wallet and User Responsibility for Private Keys

Provision reframed to emphasize non-custodial nature upfront, added explicit warning against sharing SRP/private keys, changed 'cannot' to 'not able to', and softened permanence claim from 'will permanently lose' to 'may lose... permanently'.

Unilateral Right to Modify Terms

Scope significantly expanded from modifying terms to also suspending or discontinuing services, added 'without notice and without liability' language, and company name changed to Consensys, giving broader unilateral power to Consensys.

Governing Law

Expanded scope to explicitly cover non-contractual disputes and claims, removed reference to federal laws, and changed from 'without regard to' to 'without giving effect to' language for conflict of law provisions.

1 provision unchanged.

View full change record →
High — 3 provisions
Medium — 6 provisions

Monitoring

MetaMask has updated this document before.

Monitor includes same-day alerts, structured change summaries, and monitoring for up to 25 platforms.

Start Monitor free trial Or create a free account →

Compliance Governance Intelligence

Need provision-level monitoring and regulatory mapping?

Compliance includes governance timelines, compliance memos, audit-ready analysis, and full provision tracking.

Start Compliance free trial

Cross-platform context

See how other platforms handle $100 Aggregate Liability Cap and similar clauses.

Compare across platforms →

Mapped Governance Frameworks

CFAA
United States Federal
View official text ↗
EFTA / Reg E
United States Federal
View official text ↗
FAA
United States Federal
View official text ↗
FTC Act Section 5
United States Federal
View official text ↗
Archival ProvenanceSource & Archival Record
Last Captured July 1, 2026 00:39 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000279
Version ID CA-V-004365
SHA-256 fbc3e940d542d736f423bed59d696fff5bef4265893e8cc2ffd8581c3ba58f1d
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

Governance Monitoring

Monitor governance changes across the platforms you rely on.

Structured alerts for policy changes, governance events, and provision updates across 318+ platforms.

Create free account Compare plans