This analysis describes what Whatnot'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
Sellers who cancel orders outside permitted circumstances face a mandatory fee with a minimum flat-rate floor that applies across multiple currencies.
Interpretive note: The excerpt contains an ellipsis; the canonical claim reflects only what the quoted language establishes. The currency options suggest this applies across multiple regions, but the applicable currency per region is not specified in the excerpt.
The updated Influencer Engagement Agreement now requires all disputes between influencers and Whatnot to be resolved through binding arbitration under the Terms of Service Section 21, rather than through California state or federal courts. This replaces the previous language permitting influencers to pursue legal claims in Los Angeles courts and waives jury trial rights. The agreement also removes language that explicitly limited dispute resolution to claims arising solely from the Influencer Agreement, extending arbitration to disputes relating to Whatnot Platform use and the influencer-platform relationship.
View change record →The new Australian Creator Program Terms establish binding legal requirements for creators submitting video content and promotional codes. Creators grant Whatnot a non-exclusive, worldwide, irrevocable license to use submitted videos across platforms (organic and paid social media, television, in-app, websites, and more) for one year from submission. The terms require creators to comply with Australian Consumer Law, AANA ethical standards, and AiMCO guidelines, with explicit disclosure requirements when promoting Whatnot or affiliated products. Rewards for approved Shopping Hauls submissions are issued within 30 business days of receiving both ad codes and raw video. You can review the specific disclosure and content standards on the Program Page before submitting content.
View change record →Under the updated agreement, Australian sellers can no longer resolve disputes through court proceedings in Los Angeles. Instead, all disputes related to the Whatnot platform or the seller relationship must be resolved through mandatory individual arbitration under Whatnot's main Terms of Service. The updated terms eliminate the jury trial waiver provision and replace court access with binding arbitration, with limited exceptions only as expressly permitted in the main Terms of Service.
View change record →If the reader is a seller who makes a non-permitted cancellation, Whatnot will charge the applicable flat rate ($3 USD, £3 GBP, €3 EUR, $3 CAD, or $3 AUD) or 3% of the total order amount including item price, shipping, and applicable taxes, whichever is greater.
How other platforms handle this
For Services with a fixed base charge, the charges are due at the beginning of each billing period.
If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period.
Google may charge a fee (based on Google's reasonable costs) for any audit under paragraphs 6.1(a) or 6.1(b) of this Appendix 3A. Google will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such audit.
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"A cancellation charge will be equal to $3 USD, £3 GBP, €3 EUR, $3 CAD, or $3 AUD...or 3% of the total order amount (including item price, shipping, and applicable taxes), whichever is greater— Excerpt from Whatnot's Whatnot Legal Terms
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Sellers who cancel orders outside permitted circumstances face a mandatory fee with a minimum flat-rate floor that applies across multiple currencies.
If the reader is a seller who makes a non-permitted cancellation, Whatnot will charge the applicable flat rate ($3 USD, £3 GBP, €3 EUR, $3 CAD, or $3 AUD) or 3% of the total order amount including item price, shipping, and applicable taxes, whichever is greater.
ConductAtlas has identified this type of provision across 233 platforms. See the full comparison.
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