OpenSea · OpenSea Terms of Service · View original document ↗

Total Liability Cap Five Thousand Dollars

High severity High confidence Explicitdocumentlanguage Common · 289 of 352 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)

Regardless of the magnitude of harm suffered, users cannot recover more than $5,000 or their directly paid transaction amount from OpenSea and its affiliates, significantly limiting potential compensation.

Consumer impact (what this means for users)

Users are limited in how much they can recover from OpenSea and its affiliates for any claim, with the maximum set at the greater of $5,000 or the relevant directly received transaction amount.

How other platforms handle this

ActiveCampaign Medium

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.

Leonardo AI Medium

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...

Netflix Medium

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.

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▸ View Original Clause Language DOCUMENT RECORD
"
OpenSea's and its affiliates' total liability for any claims...shall not exceed the greater of: $5,000, or The amount OpenSea directly received from you in connection with the transaction that gave rise to the claim.

— Excerpt from OpenSea's OpenSea Terms of Service

Applicable regulations

FTC Act Section 5
United States Federal

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-032535
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-032535
Captured: 2026-07-09 06:20:04 UTC
SHA-256: 76b04082fc896790…
URL: https://conductatlas.com/platform/opensea/opensea-terms-of-service/provision/CA-P-032535/total-liability-cap-five-thousand-dollars/
Accessed: July 12, 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 Total Liability Cap Five Thousand Dollars clause do?

Regardless of the magnitude of harm suffered, users cannot recover more than $5,000 or their directly paid transaction amount from OpenSea and its affiliates, significantly limiting potential compensation.

How does this clause affect you?

Users are limited in how much they can recover from OpenSea and its affiliates for any claim, with the maximum set at the greater of $5,000 or the relevant directly received transaction amount.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 289 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.