This clause caps OpenSea's total financial liability to any user at the greater of fees actually paid by that user to OpenSea in the preceding six months or $100, regardless of the nature or size of the underlying claim.
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
This provision establishes an aggregate liability ceiling that is operationally narrow relative to the transaction values that may be involved in NFT marketplace disputes. Enforceability of this cap may be limited under applicable consumer protection law in EU, UK, and certain U.S. state jurisdictions.
Interpretive note: Enforceability of the $100 cap may vary by jurisdiction, particularly in EU, UK, and certain U.S. states with mandatory consumer protection floors that cannot be contractually waived.
Under this clause, OpenSea's maximum financial exposure to a user for any claim is limited to the greater of that user's fees paid in the prior six months or $100. This applies regardless of the value of any NFT transaction or asset involved in the dispute.
How other platforms handle this
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
"TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OPENSEA OR THE OPENSEA PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL LOSSES, EVEN IF OPENSEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPENSEA'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES ACTUALLY RECEIVED BY OPENSEA FROM YOU DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.Excerpt from OpenSea's Terms of Service
REGULATORY LANDSCAPE: Blanket liability exclusion and cap clauses in consumer-facing digital platform agreements engage the FTC Act's unfair or deceptive practices standards and interact with state consumer protection statutes.
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This provision establishes an aggregate liability ceiling that is operationally narrow relative to the transaction values that may be involved in NFT marketplace disputes. Enforceability of this cap may be limited under applicable consumer protection law in EU, UK, and certain U.S. state jurisdictions.
Under this clause, OpenSea's maximum financial exposure to a user for any claim is limited to the greater of that user's fees paid in the prior six months or $100. This applies regardless of the value of any NFT transaction or asset involved in the dispute.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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