This analysis describes what OpenSea'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 operates to bound OpenSea's financial exposure for all disputes, including those arising from contract breach, tort, or strict liability, and applies across all claims simultaneously rather than per-claim, establishing a fixed ceiling on recoverable damages.
Users' recoverable damages in any dispute with OpenSea are restricted to a maximum amount equal to either their payments to the platform over the prior 12 months or $100, whichever is greater, across all claims combined. This mechanism applies regardless of the type of legal claim or the circumstances giving rise to the dispute.
How other platforms handle this
To the maximum extent permitted by applicable law, in no event will Synthesia's aggregate liability to you under or in connection with this Agreement exceed the total fees paid or payable by you to Synthesia in the twelve (12) month period immediately preceding the event giving rise to the claim. In...
Google's total liability to you for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Gemini API (or, if we choose, to supplying you the services again) in the 12 months before the breach.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUOLINGO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESUL...
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"TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENSEA'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU HAVE ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE OR (B) $100.— Excerpt from OpenSea's OpenSea Terms of Service
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The cap operates to bound OpenSea's financial exposure for all disputes, including those arising from contract breach, tort, or strict liability, and applies across all claims simultaneously rather than per-claim, establishing a fixed ceiling on recoverable damages.
Users' recoverable damages in any dispute with OpenSea are restricted to a maximum amount equal to either their payments to the platform over the prior 12 months or $100, whichever is greater, across all claims combined. This mechanism applies regardless of the type of legal claim or the circumstances giving rise to the dispute.
ConductAtlas has identified this type of provision across 5 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenSea.