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Consensys may modify any part of the Agreement at any time at its sole discretion; continued use of the Offerings following posted changes constitutes acceptance of the modified terms, regardless of whether the user has reviewed the changes.
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 that Agreement modifications take effect through continued use, without requiring affirmative re-consent from users, which may interact with consumer protection requirements in EU/EEA and UK jurisdictions that require meaningful consent to material contract changes.
Interpretive note: Enforceability of deemed acceptance through continued use for material contract changes may vary by jurisdiction, particularly in EU/EEA and UK consumer contexts where affirmative consent to material modifications may be required.
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, the terms governing MetaMask and Consensys Offerings may be modified at any time, with changes taking effect upon posting; continued use of the Offerings after changes are posted constitutes acceptance of the new terms. The Agreement states Consensys will use commercially reasonable efforts to communicate material changes but places the responsibility to check for changes on users.
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"We reserve the right, at our sole discretion, to modify or replace any part of this Agreement or any Policies at any time. It is your responsibility to check this Agreement periodically for changes, but we will also use commercially reasonable efforts to communicate any material changes to this Agreement through the Site, email (if you have an account), or public channels. You agree that your continued use of or access to the Offerings following the posting of any changes to this Agreement constitutes acceptance of those changes, whether or not you were checking for changes or actually read the changes.Excerpt from MetaMask's Terms of Use
(1) REGULATORY LANDSCAPE: Unilateral modification clauses in consumer contracts engage EU Directive 93/13/EEC on unfair contract terms, which scrutinizes clauses that allow one party to alter contract terms without adequate notice and consumer consent. UK Consumer Rights Act 2015 imposes similar requirements. The Agreement's carve-out for statutory consumer rights in EU/EEA and UK jurisdictions is relevant here, as those laws may require affirmative consent for material changes in consumer contexts. (2) GOVERNANCE EXPOSURE: Medium. The combination of unilateral modification authority and deemed acceptance through continued use is standard in many digital service agreements but may face enforceability challenges for material changes in consumer-facing contexts under EU and UK law. The commercially reasonable notice standard provides some procedural constraint. (3) JURISDICTION FLAGS: EU/EEA users under Directive 93/13/EEC and UK users under the Consumer Rights Act 2015 have the most significant exposure, as those frameworks may require explicit consent to material contract modifications rather than deemed acceptance through continued use. California's consumer protection statutes may also be relevant. (4) CONTRACT AND VENDOR IMPLICATIONS: Business accounts and API integrators should establish monitoring processes to track Agreement changes, as modifications may alter the operational terms of their Consensys API or Paid Plan commitments without requiring affirmative re-execution of the contract. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether the commercially reasonable notice standard for material changes satisfies applicable consumer protection requirements in each jurisdiction, and whether the deemed acceptance mechanism is consistent with GDPR consent requirements where Agreement changes affect data processing terms.
This provision establishes that Agreement modifications take effect through continued use, without requiring affirmative re-consent from users, which may interact with consumer protection requirements in EU/EEA and UK jurisdictions that require meaningful consent to material contract changes.
Under this clause, the terms governing MetaMask and Consensys Offerings may be modified at any time, with changes taking effect upon posting; continued use of the Offerings after changes are posted constitutes acceptance of the new terms. The Agreement states Consensys will use commercially reasonable efforts to communicate material changes but places the responsibility to check for changes on users.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by MetaMask.