CA-C-002217
OpenSea — OpenSea Terms of Service
Entity
Date detected
May 21, 2026
Effective date
May 21, 2026
Severity
Low
Direction
Neutral
Affected users
all users
Changes
1 sentence modified
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Event Summary

OpenSea's Terms of Service were updated on May 21, 2026, and the detected change reflects a modification to pricing information displayed in the document header: the USD amount changed from $2,110.33 to $2,123.29. This appears to be a routine update to a reference price or fee amount rather than a substantive change to user rights, obligations, or service terms. The operational impact is limited to the specific numerical value updated in the document.

LOW

Consumer Impact

The updated Terms of Service contain a revised pricing reference, with a USD amount changing from $2,110.33 to $2,123.29. This appears to be a routine numerical update to a reference value rather than a substantive change to user rights, service obligations, or core terms. No material operational impact on consumer rights or responsibilities is evident from this change.

Governance Analysis

The updated Terms of Service reflect a numerical adjustment to a pricing reference, likely representing a fee or cost update. The practical significance is limited to ensuring that any disclosed pricing or fee amounts remain current and accurate in the publicly available terms document.

Key Clauses Affected

pricing reference

USD amount updated from $2,110.33 to $2,123.29 in document header.

Full clause-by-clause analysis available with Compliance.
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This change record describes what was added, removed, or modified in the document. Analysis reflects what the updated agreement states or permits. It does not constitute a legal determination about enforceability. Applicability may vary by jurisdiction. Methodology

Evidence Verification

✓ Verified
Previous Version
1f13c01e6424c13f216ee59aaecd877581ed92953575afd04efbb6978868c140
May 19, 2026 15:38 UTC
✓ Verified
Current Version
a9da72ad9fa5a1224fee43213d7122899fe270f80f87aa18bf30e43dcff10052
May 21, 2026 00:25 UTC
✓ Verified
Change Detected
May 21, 2026 00:25 UTC
Analysis Methodology
✓ Verified
Source Document
https://opensea.io/tos
Citation Record
Entity: OpenSea
Document: OpenSea Terms of Service
Record ID: CA-C-002217
Captured: 2026-05-21 00:25:40 UTC
URL: https://conductatlas.com/change/2026-05-21-opensea-opensea-terms-of-service-2217/
Accessed: July 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
For legal and compliance teams

Institutional Analysis

Assessment

OpenSea updated a numerical reference in its Terms of Service on May 21, 2026. The change reflects a price or fee adjustment from $2,110.33 to $2,123.29 without apparent modification to contractual language, user obligations, or service terms. No regulatory framework appears directly engaged by a pricing reference update. Standard practice would be to document the change but no urgent compliance action is indicated unless the pricing reference relates to a fee structure with specific regulatory disclosure requirements.

Full compliance analysis

Obligation analysis, escalation trigger, board language, and recommended action.

Monitor $19/mo Compliance $249/mo

Monitor: regulatory citations + obligations. Compliance: full compliance memo.

ConductAtlas provides verified policy intelligence sourced directly from platform documents. All analysis is intended to support, not replace, legal and compliance review. Record CA-C-002217.

Clause-Level Changes

New Provisions Added
Aggregate Liability Cap of $100
High

This high-severity addition introduces a hard $100 aggregate liability cap that significantly limits OpenSea's financial exposure regardless of actual damages suffered by users.

Full clause text available with Compliance. See Compliance →
User Indemnification Obligation
Medium

This new provision requires users to pay OpenSea's legal fees and defend against claims arising from user breaches, use, or violations, shifting substantial legal and financial burden to users.

Full clause text available with Compliance. See Compliance →
Modifications to Terms
Medium

This new provision formalizes OpenSea's unilateral right to modify terms with only discretionary notice and allows OpenSea to unilaterally determine what is 'material,' binding users through continued use.

Full clause text available with Compliance. See Compliance →
Age Restriction and Eligibility
Medium

This new provision establishes age restrictions and parental consent requirements, likely reflecting evolving regulatory requirements around children's digital services.

Full clause text available with Compliance. See Compliance →
Non-Custodial Platform Disclaimer
Medium

This standalone provision more explicitly clarifies OpenSea's non-custodial status and lack of responsibility for transaction outcomes, strengthening platform liability protections.

Full clause text available with Compliance. See Compliance →
Provisions Removed
Platform Liability Disclaimer for NFT Transactions
High

Removal of this comprehensive high-severity liability disclaimer may indicate consolidation of these concepts into the new Non-Custodial Platform Disclaimer provision or intentional narrowing of liability protections.

Removed clause text available with Compliance. See Compliance →
Transaction Fees and Fee Changes
Medium

Removal of the explicit fee change provision eliminates the formal acknowledgment that users accept fee changes through continued use, potentially leaving fee modification terms undefined in current version.

Removed clause text available with Compliance. See Compliance →
Provisions Modified
Mandatory Individual Arbitration and Class Action Waiver
High

Rewritten to be more explicit about waiving jury trial and class action rights, with clearer language about unavailable court remedies and broader scope covering pre-existing and future disputes including statutory and consumer protection claims.

Before/after clause text available with Compliance. See Compliance →
Broad Intellectual Property License Granted to OpenSea
Medium

Simplified version that removes the disclaimer clause about OpenSea not claiming ownership; changed 'Services' to 'Service' and restructured the sentence for clarity.

Before/after clause text available with Compliance. See Compliance →
Account Suspension and Termination
Medium

Significantly rewritten to remove the specific enumerated grounds for termination, consolidate discretion language, add user right to cancel via email, clarify survival of terms, and shift from 'Services' to 'Service.'

Before/after clause text available with Compliance. See Compliance →
Governing Law and Jurisdiction
Low

Changed governing law from New York to Delaware, removed Federal Arbitration Act reference and UN Convention disclaimer, and added specific venue clause for non-arbitration disputes in New York County courts.

Before/after clause text available with Compliance. See Compliance →
Prohibited Activities and Content Restrictions
High

Completely restructured to remove general conduct language and enumerated prohibited activities, replacing with specific technical restrictions on automated access, content copying, and spam rather than trading-specific prohibitions.

Before/after clause text available with Compliance. See Compliance →
User Responsibility for Wallet Security and Digital Assets
High

Shifted from user wallet security responsibilities to a clearer non-custodial platform disclaimer that emphasizes OpenSea's lack of control, custody, or guarantee over digital assets and transaction outcomes.

Before/after clause text available with Compliance. See Compliance →

Cross-platform context

See how other platforms handle similar provisions across the ConductAtlas archive.

Compare across platforms → Browse regulations →

Full Changes

See the full side-by-side comparison of every sentence added, removed, and modified.

🔒 Full diff — Monitor

Document Context

Version history → Policy drift analysis → Document page →
Document
OpenSea Terms of Service
Entity
OpenSea
Captured
May 21, 2026
Source URL
https://opensea.io/tos
Other changes to OpenSea Terms of Service
Previous change May 19, 2026
OpenSea's Terms of Service were updated on May 19, 2026, and the detected change involved a modification to a single …
Low Neutral
Next change May 22, 2026
OpenSea's Terms of Service was updated on May 22, 2026. The document shows a price reference changed from $2,123.29 to …
Low Neutral
View full version history →
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