Consensys TOS Changed

What changed

The terms have been substantially revised, rebranded from Consensys to MetaMask, and expanded with significant new provisions covering a new digital asset (mUSD), AI agents, and consumer protections for EU/UK users.

Details

• •The document has been rebranded from a general Consensys Terms of Use to MetaMask-specific Terms of Use, with the operating entity now identified as Consensys Software Inc. doing business as MetaMask, and a clarification that references to Consensys do not refer to Consensys Incorporated (a separate legal entity).
• •Two entirely new subsections (1.3.1 and 1.3.2) were added covering a new digital asset called mUSD, clarifying it is issued by third parties and not MetaMask, and detailing that third-party compliance and security providers may freeze, restrict, or block mUSD transactions with or without notice.
• •A new section (1.5) was added disclosing that certain features (specifically MetaMask Agent Wallet) are powered by artificial intelligence, in compliance with the EU AI Act, and requiring users to acknowledge they may be interacting with an automated system.
• •A new consumer protection statement was added specifying that users in the UK, EU, or EEA may have statutory rights under consumer protection laws that the terms do not override, and that applicable law prevails in the event of conflict.
• •Section 3.1 now includes AI Agents in the list of parties whose actions users are responsible for, alongside employees and contractors.
• •Section 3.3 was expanded to define credentials more broadly and add specific obligations when sharing credentials with AI Agents, including responsibility for all AI Agent actions, a requirement to monitor and revoke AI Agent permissions, and responsibility for any losses from AI Agent misuse.
• •Section 7.1 was amended to add a clause allowing MetaMask to use de-identified metadata, usage patterns, and aggregated performance data to improve algorithms and offerings, with MetaMask claiming ownership of improvements derived from such usage data.
• •Section 8.1 was revised to remove the mutual indemnification provision that previously required Consensys to defend users against losses from Consensys's material and intentional breach. The new version only includes user indemnification of MetaMask.
• •Section 8.2(b) was revised: the previous $200,000 cap on intellectual property defense obligations was replaced with a higher cap of the greater of 12 months of fees paid or $250,000, and a carve-out was added so the cap does not apply in cases of gross negligence or willful misconduct.
• •A new disclaimer subsection (9.1(a)) was added in all-caps, specifically addressing mUSD risks, stating MetaMask has no control over mUSD or related third-party services and disclaiming responsibility for any restrictions, freezes, blocks, or other actions affecting mUSD.
• •A new liability exclusion section (10.3) was added specifically for mUSD, stating MetaMask has no liability for any compliance or security actions taken by third parties that affect users' ability to access or use mUSD.
• •Section 12.1 on assignment was revised to broaden MetaMask's right to assign the agreement without user consent, while maintaining that users may not assign without prior written consent.
• •Throughout the document, references to Consensys as the operating brand were replaced with MetaMask, reflecting the rebranding.
• •The document's last updated date changed from February 2024 to June 2026.