Provision record
OpenSea · OpenSea Terms of Service · View original document ↗

No Liability for Platform Disclaimers and Assumption of Risk

Medium severity Medium confidence Explicit document language Unique · 0 of 352 platforms
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Document Record

What it is

OpenSea disclaims all express and implied warranties and accepts no liability for user losses arising from user errors, server failures, phishing, blockchain transaction finality, or third-party attacks, with all Platform use at the user's sole risk.

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 a broad as-is, as-available disclaimer covering all Platform use, explicitly excluding liability for irreversible blockchain transactions, phishing attacks, and user errors. The practical financial risk of irreversible on-chain transactions and third-party attacks is allocated entirely to users under these terms.

Interpretive note: The agreement itself acknowledges that certain disclaimers may not apply in all jurisdictions, and enforceability of total liability disclaimers varies significantly between US, EU, and UK consumer law frameworks.

Clause Stability Stable

0
Changes
4
Months Monitored
Jul 9, 2026
First Seen
Jul 9, 2026
Last Seen

Consumer impact (what this means for users)

Under this clause, OpenSea disclaims all warranties and accepts no liability for losses resulting from user errors, irreversible blockchain transactions, phishing, malware, or server failures. The agreement states that the document includes a note acknowledging that some jurisdictions may not permit certain disclaimers, which may limit application in those jurisdictions.

Cross-platform context

See how other platforms handle No Liability for Platform Disclaimers and Assumption of Risk and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
Your use of the Platform is at your own risk. The Platform is provided on an AS IS and AS AVAILABLE basis, and OpenSea expressly disclaims all warranties, whether express or implied, including but not limited to: The Platform's fitness for a particular purpose, merchantability, title, and non-infringement... OpenSea disclaims responsibility for any loss, including any losses resulting from: User errors, such as mistyped blockchain addresses or incorrectly constructed transactions. Server failures, unauthorized access, or third-party attacks, including phishing or malware. Irreversible blockchain transactions or issues related to public blockchain functionality, including forks and technical node issues.

Excerpt from OpenSea's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY LANDSCAPE: Broad warranty disclaimers and limitation of liability clauses in consumer contracts engage state consumer protection laws and, in the EU and UK, unfair contract terms frameworks that may restrict the enforceability of …

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Provision details

Document information
Document
OpenSea Terms of Service
Entity
OpenSea
Document last updated
May 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-014750
Document ID
CA-D-00209
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
76b04082fc896790748950b58f45fa27b32b077fa7f68023f3882c090ed2ad1f
Analysis generated
July 9, 2026 06:20 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenSea
Document: OpenSea Terms of Service
Record ID: CA-P-014750
Captured: 2026-07-09 06:20:04 UTC
SHA-256: 76b04082fc896790…
URL: https://conductatlas.com/platform/opensea/opensea-terms-of-service/provision/CA-P-014750/no-liability-for-platform-disclaimers-and-assumption-of-risk/
Accessed: Sept. 9, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does OpenSea's No Liability for Platform Disclaimers and Assumption of Risk clause do?

This provision establishes a broad as-is, as-available disclaimer covering all Platform use, explicitly excluding liability for irreversible blockchain transactions, phishing attacks, and user errors. The practical financial risk of irreversible on-chain transactions and third-party attacks is allocated entirely to users under these terms.

How does this clause affect you?

Under this clause, OpenSea disclaims all warranties and accepts no liability for losses resulting from user errors, irreversible blockchain transactions, phishing, malware, or server failures. The agreement states that the document includes a note acknowledging that some jurisdictions may not permit certain disclaimers, which may limit application in those jurisdictions.

Is ConductAtlas affiliated with OpenSea?

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