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
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.
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.
View change record →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.
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"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 Terms of Service
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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.
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.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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