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
The cap limits the maximum financial recovery available to users regardless of the magnitude of actual harm suffered.
Interpretive note: The cap is mutual, applying to each party. The canonical claim focuses on the user-facing financial limit as the primary effect; the symmetry is noted in omitted_material.
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 →Users' ability to recover damages is capped at their prior twelve months of fees paid, or $25,000 if they paid no fees.
How other platforms handle this
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
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"in no event shall the aggregate liability of each party...exceed the total amount paid by you hereunder for the Offerings...in the twelve months preceding the first incident...or, if no fees have been paid, $25,000.— Excerpt from MetaMask's MetaMask Terms of Use
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The cap limits the maximum financial recovery available to users regardless of the magnitude of actual harm suffered.
Users' ability to recover damages is capped at their prior twelve months of fees paid, or $25,000 if they paid no fees.
ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.
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