Any legal issues arising from your use of MetaMask will be decided under Delaware law, regardless of where in the world you are located.
This analysis describes what MetaMask's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The choice of Delaware law may disadvantage users in jurisdictions with stronger consumer protection laws, as it may displace the application of local consumer rights that would otherwise apply to the dispute.
Interpretive note: Enforceability of the Delaware choice of law is qualified by mandatory consumer protection laws in EU, UK, and certain U.S. states.
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 change record →Users outside Delaware, including those in EU countries or other U.S. states with stronger consumer protection rules, may find that those local protections are displaced by Delaware law in any dispute with MetaMask.
How other platforms handle this
These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
These Terms are governed by the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provisions. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Hennepin County, Minnesota.
These Terms of Service and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of law provisions.
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"These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.— Excerpt from MetaMask's MetaMask Terms of Use
(1) REGULATORY LANDSCAPE: Choice of law clauses designating Delaware law engage with conflict of laws principles and, in the EU, with the Rome I Regulation, which generally preserves mandatory consumer protection provisions of the consumer's habitual residence regardless of a contractual choice of law clause in B2C contracts. (2) GOVERNANCE EXPOSURE: Medium. The Delaware law designation is standard for U.S.-based technology companies and is generally enforceable in U.S. commercial contexts. However, it does not override mandatory consumer protection provisions in EU, UK, and other jurisdictions with strong consumer rights frameworks. (3) JURISDICTION FLAGS: EU and UK courts apply Rome I and equivalent rules to preserve local mandatory consumer protections regardless of contractual choice of law. California's consumer protection statutes have also been held by some courts to apply notwithstanding out-of-state choice of law clauses in certain circumstances. (4) CONTRACT AND VENDOR IMPLICATIONS: Institutional users operating in multiple jurisdictions should not assume Delaware law governs all disputes; a jurisdiction-specific analysis is warranted, particularly for EU and UK operations. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should document the jurisdictions in which MetaMask services are actively marketed and assess whether the Delaware choice of law is sustainable in those markets or whether local mandatory law applies despite the contractual designation.
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The choice of Delaware law may disadvantage users in jurisdictions with stronger consumer protection laws, as it may displace the application of local consumer rights that would otherwise apply to the dispute.
Users outside Delaware, including those in EU countries or other U.S. states with stronger consumer protection rules, may find that those local protections are displaced by Delaware law in any dispute with MetaMask.
ConductAtlas has identified this type of provision across 201 platforms. See the full comparison.
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