MetaMask Smart Transactions risk disclosures

This page relates to the Smart Transactions feature explained here.

Using MetaMask Smart Transactions comes with risks that you should understand before you use the offering. We are not required to provide the information set forth below but are doing so in order to encourage you to educate yourself about the risks of using this offering, to determine for yourself whether it makes sense for you in light of the risks, and to understand that you, and you alone, are responsible for any losses that may occur. The risks set out below are not comprehensive nor discussed in any depth. Use this information as the starting point for further inquiry. Your use is also subject to Consensys's Terms of Use, which you agree to when using this offering.

• Third parties — This offering relies upon third parties that Consensys does not control or even regularly monitor. You should familiarize yourself with how transaction searchers, block builders, and block proposers interact and together create blocks of transactions to be added to the blockchain. You should also be aware of differences between submitting your transaction request to a private mempool as opposed to a public mempool. Consensys does not guarantee the activity of any third party and is not responsible for any losses due to the actions of a third party. We are not responsible for taking any specific steps to prevent any third party from injuring you or mitigating any such injury. You use Smart Transactions at your own risk that these third parties will engage in inappropriate or even malicious behavior.
• Intermediation — This offering requires off-chain software and information flows to function properly. There is a risk that these processes, a number of which are novel, will fail or even be manipulated in a way that results in a loss to you. If these processes are unavailable, using this software for a transaction would be the same as using MetaMask without Smart Transactions activated. We are not responsible for losses that may occur due to interruptions in the offering's functionality.
• Legal uncertainty — Based on our current understanding,this offering is not regulated activity in any jurisdiction where the legal framework in that jurisdiction would restrict Consensys from engaging in this activity. However, as the law changes going forward, the law may come to require licenses or other legal measures to be taken for this offering to be offered and/or used in certain jurisdictions. Changes in the law or in the application of current rules and regulations may negatively affect your use of this offering, which may result in a loss to you. Consensys has no obligation and will not notify you of any relevant changes in the law. You are solely responsible for ensuring that your use of this offering is lawful.