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 face significant financial penalties on top of any other consequences when they breach the Terms, with a minimum charge structure that applies even to small transactions.
Interpretive note: The excerpt does not specify which seller breach triggers this fee; the canonical claim reflects the fee structure as stated but cannot characterize the triggering condition beyond 'seller breach' as named in the clause title. The excerpt appears to be a fragment of a longer provision.
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 breaches the Terms, Whatnot may charge an additional fee calculated as 15% of the Transaction amount or $12.00 USD for sub-$45.00 USD Transactions, whichever is greater, plus applicable Taxes.
How other platforms handle this
If we learn that we've collected the personal data of a child under the age of 13 or 16, as applicable, we'll take reasonable steps to delete the personal data. This may require us to delete the Skillshare account...
StockX ... reserves the right to intervene, suspend Seller's access to the Services, or assume control of refunds where required by law, policy, or platform integrity.
Our moderators will thoughtfully consider any explanations and supplemental information provided by the Member when deciding whether to take action or reinstate access.
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"charging an additional fee of 15% of the total Transaction amount, or $12.00 (USD) for Transaction less than $45.00 (USD), whichever is greater, plus applicable Taxes— Excerpt from Whatnot's Whatnot Legal Terms
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Sellers face significant financial penalties on top of any other consequences when they breach the Terms, with a minimum charge structure that applies even to small transactions.
If the reader is a seller who breaches the Terms, Whatnot may charge an additional fee calculated as 15% of the Transaction amount or $12.00 USD for sub-$45.00 USD Transactions, whichever is greater, plus applicable Taxes.
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