Consensys asserts ownership over all improvements and derivative works created using de-identified metadata, usage patterns, and aggregated performance data derived from user activity, to the extent permitted by data protection law.
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 Consensys's ownership claim over algorithmic improvements and derivative works generated from aggregated user activity data, which may interact with GDPR purpose limitation and data minimization obligations for EU/EEA users and warrants review as part of any data mapping or IP rights assessment.
Interpretive note: The qualifying phrase 'to the extent permitted by data protection law' introduces uncertainty about the operative scope of the ownership claim in GDPR and CCPA jurisdictions; the legal standard for effective de-identification under applicable law is a factual and technical determination.
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, Consensys claims ownership of all improvements and derivative works it creates from de-identified and aggregated data derived from users' Offering use. The Agreement qualifies this claim with the phrase 'to the extent permitted by data protection law,' acknowledging that applicable law may constrain the scope of this authorization.
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See how other platforms handle Usage Data Ownership and Derivative Works Claim and similar clauses.
Compare across platforms →"Notwithstanding anything to the contrary, we may use de-identified metadata, usage patterns, and aggregated performance data derived from your use of the Offerings ("Usage Data") to improve our algorithms and Offerings to the extent permitted by data protection law. You agree that we own all right, title, and interest in and to any improvements or derivative works created using such Usage Data.Excerpt from MetaMask's Terms of Use
(1) REGULATORY LANDSCAPE: This provision engages GDPR Articles 5 (purpose limitation, data minimization), 6 (lawful basis for processing), and 89 (safeguards for processing for archiving, research, and statistical purposes) for EU/EEA users.
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This provision establishes Consensys's ownership claim over algorithmic improvements and derivative works generated from aggregated user activity data, which may interact with GDPR purpose limitation and data minimization obligations for EU/EEA users and warrants review as part of any data mapping or IP rights assessment.
Under this clause, Consensys claims ownership of all improvements and derivative works it creates from de-identified and aggregated data derived from users' Offering use. The Agreement qualifies this claim with the phrase 'to the extent permitted by data protection law,' acknowledging that applicable law may constrain the scope of this authorization.
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