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The service is restricted to users aged 13 and older. Users aged 13 to 17 may use the service only with parental or guardian consent and supervision, with the parent or guardian agreeing to be bound by the terms.
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 minimum age thresholds and parental consent requirements for minor users, which creates COPPA compliance considerations for users under 13 and operational consent verification obligations for users aged 13 to 17.
Interpretive note: The clause does not describe a technical age verification mechanism; the gap between stated policy and operational implementation creates uncertainty regarding COPPA compliance in practice.
Under this clause, users under 13 are prohibited from using the service, and users aged 13 to 17 require parental consent and supervision. The agreement does not specify a technical age verification mechanism for enforcement of these restrictions.
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"Our Service is not directed to children under the age of 13. By using our Service, you represent and warrant that you are at least 13 years of age. If you are under the age of 18, you may only use our Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.Excerpt from OpenSea's Terms of Service
REGULATORY LANDSCAPE: The age restriction provision engages COPPA, which prohibits collection of personal information from children under 13 without verifiable parental consent, enforced by the FTC. The 13-to-17 parental consent requirement is a contractual provision that does not describe a technical verification mechanism, which may create a gap between the stated policy and operational COPPA compliance. GOVERNANCE EXPOSURE: Medium. The absence of a described technical age verification mechanism creates exposure if minors under 13 access the platform and OpenSea collects any data in connection with that access. The FTC has actively enforced COPPA against digital platforms. JURISDICTION FLAGS: EU GDPR sets a default digital consent age of 16, with member states permitted to lower this to 13; platforms serving EU minors aged 13 to 15 in certain member states may need to obtain verifiable parental consent. UK GDPR and the Age Appropriate Design Code impose additional obligations regarding platform design and data practices for users under 18. CONTRACT AND VENDOR IMPLICATIONS: Partners and integrators whose platforms may have minor users should assess whether their integration with OpenSea creates any derivative COPPA exposure. COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether OpenSea's current age verification and parental consent mechanisms meet COPPA's verifiable parental consent standard, and whether the UK Age Appropriate Design Code imposes additional design obligations for the platform's services accessible to minors.
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This provision establishes minimum age thresholds and parental consent requirements for minor users, which creates COPPA compliance considerations for users under 13 and operational consent verification obligations for users aged 13 to 17.
Under this clause, users under 13 are prohibited from using the service, and users aged 13 to 17 require parental consent and supervision. The agreement does not specify a technical age verification mechanism for enforcement of these restrictions.
ConductAtlas has identified this type of provision across 295 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenSea.