Consensys's total financial liability to any user is capped at the greater of fees paid in the prior 12 months or $25,000, with consequential, indirect, and punitive damages excluded entirely; exceptions apply for proprietary rights claims and indemnification obligations.
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
This provision establishes the maximum financial exposure Consensys bears under the Agreement for most claim types, including losses arising from service outages, unauthorized access, or third-party failures; for users of free offerings, the cap is $25,000 regardless of actual loss.
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 →Under this clause, users of free MetaMask products whose claims arise from service failures, security incidents, or third-party losses are subject to a $25,000 aggregate liability cap against Consensys, and may not recover lost profits, indirect losses, or consequential damages. The document states the foregoing disclaimer will not apply to the extent prohibited by law, preserving some jurisdiction-specific protections.
Cross-platform context
See how other platforms handle Liability Cap and Exclusion of Consequential Damages and similar clauses.
Compare across platforms →"WITH THE EXCEPTION OF CLAIMS RELATING TO A BREACH OF OUR PROPRIETARY RIGHTS AS GOVERNED BY SECTION 7 AND INDEMNIFICATION AS GOVERNED BY SECTION 8, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT (REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM NEGLIGENCE OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER FOR THE OFFERINGS GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE, OR, IF NO FEES HAVE BEEN PAID, $25,000.Excerpt from MetaMask's Terms of Use
(1) REGULATORY LANDSCAPE: Liability caps and consequential damage exclusions in consumer contracts engage consumer protection frameworks in the EU (Consumer Rights Directive, GDPR Article 82 for data breach liability), UK (Consumer Rights Act 2015), and …
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This provision establishes the maximum financial exposure Consensys bears under the Agreement for most claim types, including losses arising from service outages, unauthorized access, or third-party failures; for users of free offerings, the cap is $25,000 regardless of actual loss.
Under this clause, users of free MetaMask products whose claims arise from service failures, security incidents, or third-party losses are subject to a $25,000 aggregate liability cap against Consensys, and may not recover lost profits, indirect losses, or consequential damages. The document states the foregoing disclaimer will not apply to the extent prohibited by law, preserving some jurisdiction-specific protections.
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