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
The updated terms establish new age-based access restrictions: users aged 13-18 (or 16-18 in the EEA) may now use OpenSea only with parental or guardian approval and oversight, while users under 13 (or 16 in the EEA) are prohibited entirely. The terms also introduce an embedded wallet feature through Privy, governed by separate Wallet & Onramp Terms of Use between the user and Sea Trove LLC, a subsidiary of OpenSea's parent company; OpenSea explicitly states it does not operate or control this wallet. Additionally, the updated terms expand prohibited user conduct to include name squatting, spam distribution, and impersonation, and require users to conduct their own research before transacting. Parents or guardians of teen users should review the new parental oversight requirements and the separate wallet terms if their child uses the embedded wallet feature.
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OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
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"We do not have custody or control over the digital tokens, blockchains, or third parties you engage with, nor do we execute or facilitate purchases, transfers, or sales of NFTs or other tokens.Excerpt from OpenSea's Terms of Service
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Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
The clause states: “We do not have custody or control over the digital tokens, blockchains, or third parties you engage with, nor do we execute or facilitate purchases, transfers, or sales of NFTs or other tokens.”
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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