Section 1 has been updated to make our terms regarding third party content and third party services clearer. As you are likely aware from using our offerings, some incorporate third party platforms or services. An example of this would be the “BUY” button that is displayed in MetaMask. By clicking on the button, you are connected with a third party service that facilitates the purchase of digital assets with fiat currency, making sure the purchased tokens are routed seamlessly to the public address you control with your MetaMask wallet. The updates make clear that we are not responsible for these services and do not recommend them for every MetaMask user or for any situation. We also note that these services are almost always subject to their own terms and conditions, and the providers have their own privacy policies which describe what information about you they may collect and how they are free to use it. In sum, this update emphasizes that we do not control these third party services, that you use them at your own election and at your own risk, and that you should be sure to familiarize yourself with the terms, conditions, and privacy policies of any third party services that you choose to use through our Offering.
Section 3 has been reorganized to say more simply and clearly that you are responsible for your use of our offerings and making sure no one else compromises your usage, including by defrauding, phishing, or otherwise victimizing you. We are not responsible for loss that are due to your use or to the actions of others, including criminals.
That section also underscores how important it is for you to carefully record your secret recovery phrase, keep it securely, and never let anyone else – including ConsenSys – ever see what that phrase is. We have no way to protect the tokens or information in your wallet or recover it if your secret recovery phrase is lost or stolen. It is important to note, also, that where you keep a copy of your secret recovery phrase is very important. Keeping it on a cloud server or on your phone, even if encrypted, is actually dangerous, and we discourage the practice. We make this point again in an update to section 9.
Again, if you lose your secret recovery phrase or have it stolen, you acknowledge there is nothing that ConsenSys can do to help you.
Section 5 has been updated to include our policy about excessive API requests. In short, if you are on a free or paid plan that has usage restrictions and you go beyond them intentionally, including through the use of deceptive means, we have the right to suspend your account. In such a situation, we would generally try to talk to you about your use first.
Section 10 has been updated that our liability for any losses except those that are determined by the final judgment of an arbitrator or court.
Section 11 has been revised to specify Texas law as controlling in any dispute between us.