OpenSea · OpenSea Terms of Service · View original document ↗

Mandatory Binding Arbitration

High severity Uncommon · 29 of 343 platforms
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes the procedural mechanism for dispute resolution under the agreement, directing most claims away from judicial forums and toward arbitration proceedings. It defines the scope of disputes covered by this requirement, including those related to privacy and data security.

Consumer impact (what this means for users)

Users accept an obligation to arbitrate covered disputes individually rather than pursue court litigation or participate in jury trials. The terms permit users to opt out of arbitration under Section 17 and preserve access to small claims court and injunctive relief proceedings for specified claim types.

How other platforms handle this

Teachable Medium

You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.

Substack Medium

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...

Pinecone Medium

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

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▸ View Original Clause Language DOCUMENT RECORD
"
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with OpenSea and limits the manner in which you can seek relief from us, unless you opt out of arbitration as described in Section 17 below. Except for small claims disputes in which you or OpenSea seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or OpenSea seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and OpenSea waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, "Disputes") resolved in court.

— Excerpt from OpenSea's OpenSea Terms of Service

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
OpenSea Terms of Service
Entity
OpenSea
Document last updated
May 5, 2026
Tracking information
First tracked
May 20, 2026
Last verified
May 20, 2026
Record ID
CA-P-005086
Document ID
CA-D-00209
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
0f74281d8f79e2386a4b3a216f230e884e2732cb822684d5e45314916921111c
Analysis generated
May 20, 2026 22:41 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenSea
Document: OpenSea Terms of Service
Record ID: CA-P-005086
Captured: 2026-05-20 22:41:24 UTC
SHA-256: 0f74281d8f79e238…
URL: https://conductatlas.com/platform/opensea/opensea-terms-of-service/mandatory-binding-arbitration/
Accessed: June 10, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does OpenSea's Mandatory Binding Arbitration clause do?

This provision establishes the procedural mechanism for dispute resolution under the agreement, directing most claims away from judicial forums and toward arbitration proceedings. It defines the scope of disputes covered by this requirement, including those related to privacy and data security.

How does this clause affect you?

Users accept an obligation to arbitrate covered disputes individually rather than pursue court litigation or participate in jury trials. The terms permit users to opt out of arbitration under Section 17 and preserve access to small claims court and injunctive relief proceedings for specified claim types.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 29 platforms. See the full comparison.

Is ConductAtlas affiliated with OpenSea?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenSea.