Provision record
MetaMask · MetaMask Terms of Use · View original document ↗

Governing Law and Jurisdiction

Medium severity Medium confidence Explicitdocumentlanguage Common · 267 of 352 platforms
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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Recent Activity

This document changed recently

Medium Jul 1, 2026

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 →

Clause Stability Stable

0
Changes
4
Months Monitored
May 9, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 1500 other provisions on other platforms.

Consumer impact (what this means for users)

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

Tinder Medium

In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.

Instacart Medium

For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware

Plaid Medium

These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions

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Monitoring

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▸ View Original Clause Language DOCUMENT RECORD
"
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 Terms of Use

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(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.

Full institutional analysis

Regulatory citations, enforcement risk, and due diligence action items.

Applicable agencies

  • State AG
    State attorneys general may assess whether out-of-state choice of law clauses improperly displace consumer protection rights of their state's residents
    File a complaint →

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
MetaMask Terms of Use
Entity
MetaMask
Document last updated
May 5, 2026
Tracking information
First tracked
May 9, 2026
Last verified
May 9, 2026
Record ID
CA-P-007756
Document ID
CA-D-00279
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
ec778da38bbcefe66bb158a122292cc84dc176d488f25376d10df6d5db7058f7
Analysis generated
May 9, 2026 22:24 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: MetaMask
Document: MetaMask Terms of Use
Record ID: CA-P-007756
Captured: 2026-05-09 22:24:52 UTC
SHA-256: ec778da38bbcefe6…
URL: https://conductatlas.com/platform/metamask/metamask-terms-of-use/provision/CA-P-007756/governing-law-and-jurisdiction/
Accessed: July 26, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

Other risks in this policy

Governance intelligence across arbitration, AI governance, data rights, indemnification, and retention

Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.

Frequently Asked Questions

What does MetaMask's Governing Law and Jurisdiction clause do?

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.

How does this clause affect you?

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 many platforms have this type of clause?

ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.

Is ConductAtlas affiliated with MetaMask?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by MetaMask.