If your use of MetaMask causes legal trouble for the company, you agree to pay for Consensys's legal defense costs and any resulting damages.
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 clause means that if a third party sues MetaMask because of something you did while using the service, you could be personally responsible for MetaMask's legal bills and any settlement or judgment, even if the outcome is uncertain.
Interpretive note: Enforceability of broad consumer indemnification clauses is jurisdiction-dependent and may be limited in EU, UK, and certain U.S. state contexts.
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 →This broad indemnification clause requires users to cover Consensys's legal costs and liabilities, significantly expanding user financial exposure.
View full change record →Users who violate the terms, intentionally or inadvertently, could face significant personal financial exposure if their actions generate legal claims against Consensys, including the company's attorneys' fees.
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"You agree to defend, indemnify, and hold harmless Consensys, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service.Excerpt from MetaMask's Terms of Use
(1) REGULATORY LANDSCAPE: Broad user indemnification clauses in consumer contracts engage with FTC unfair practices standards and, in the EU, with the Unfair Contract Terms Directive, which may limit enforcement of indemnification obligations that are …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This clause means that if a third party sues MetaMask because of something you did while using the service, you could be personally responsible for MetaMask's legal bills and any settlement or judgment, even if the outcome is uncertain.
Users who violate the terms, intentionally or inadvertently, could face significant personal financial exposure if their actions generate legal claims against Consensys, including the company's attorneys' fees.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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