The agreement prohibits use by persons under 13 and requires parental or guardian consent for users between 13 and 18. The Services are stated as not directed to children under 13.
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
This provision establishes COPPA-relevant age restrictions and requires parental consent for minor users aged 13 to 18, which creates compliance obligations regarding age verification and parental consent mechanisms. The adequacy of technical enforcement of these restrictions may require separate evaluation.
Strategic sellers on Whatnot are now subject to mandatory arbitration for all disputes with the platform instead of having access to California courts. The updated agreement states that arbitration under the main Terms of Service is the exclusive forum and procedure for resolving disputes, except only to the extent the Terms of Service expressly permit otherwise. This removes the right to jury trial and appeal to higher courts, streamlining dispute resolution to a single binding arbitration proceeding. You can review the arbitration provisions in Section 21 of Whatnot's main Terms of Service to understand the specific procedures and limitations that will apply to any dispute.
View change record →The updated terms establish a formal opt-in creator program for UK users that permits Whatnot to collect, edit, modify, translate, and promote user-submitted content (videos, images, captions, account information) across its own channels and third-party platforms (TikTok, Instagram, paid social) for one year from submission. Under the revised framework, creators who participate must provide raw video files, tax documentation, and payment information before receiving program benefits, and Whatnot retains discretion to reject submissions, change reward amounts, or terminate the program entirely. Whatnot is not responsible for payment delays caused by incomplete documentation. You can decline participation entirely by not submitting content to the program, or submit selectively and control what content you make available.
View change record →Changed minimum age requirement from 18 years to allowing use with parental consent for ages 13-18, added explicit prohibition for under-13 users, and changed 'involvement, supervision, and approval' to simply 'consent'.
View full change record →Users under 13 are prohibited from accessing the platform under the Terms of Service. Users aged 13 to 17 may access the platform only with parental or guardian consent, as stated in the agreement.
How other platforms handle this
Our Services are not directed to children under 13. If you learn that anyone younger than 13 has unlawfully provided us with personal data, please contact us at privacy@medium.com.
The Service is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe that your child under the age of 13 has provided us with personal information without your cons...
To access and use the Services, you must be at least the age of majority in the state, province, or territory where you live or at least 18 years of age. If you are under the age of 13, you may not use the Services and you should not be visiting the Sites or using the Services.
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"The Services are not directed to children under the age of 13. If you are under the age of 13, you may not use or access the Services at any time or in any manner. If you are between the ages of 13 and 18, you may only use the Services with the consent of your parent or legal guardian.— Excerpt from Whatnot's Whatnot Terms of Service
1. REGULATORY LANDSCAPE: This provision directly engages COPPA (Children's Online Privacy Protection Act), which applies to online services directed to children under 13 and establishes requirements for parental consent before collecting personal information from children. The FTC is the primary COPPA enforcement authority. The provision's statement that the Services are not directed to children under 13 is a COPPA-standard disclaimer, but its effectiveness depends on age verification and parental consent mechanisms that are not described in detail in this document. 2. GOVERNANCE EXPOSURE: Medium. The requirement for parental consent for users aged 13 to 18 creates a compliance obligation that requires operational enforcement mechanisms. If Whatnot lacks adequate age verification or parental consent workflows, COPPA exposure remains regardless of the Terms of Service disclaimer. 3. JURISDICTION FLAGS: COPPA applies federally to users in the United States. EU and UK GDPR and UK Age Appropriate Design Code (AADC) create additional requirements for platforms accessible to minors, including age-appropriate privacy settings and design standards. Compliance with these frameworks may require evaluation separately from the Terms of Service provisions. 4. CONTRACT AND VENDOR IMPLICATIONS: Platforms or developers integrating with Whatnot's API or marketplace should assess whether their services may reach minor users and whether additional compliance steps are required under COPPA or applicable state law. 5. COMPLIANCE CONSIDERATIONS: Legal teams should assess the operational adequacy of age verification and parental consent mechanisms, evaluate compliance with the UK AADC if the platform is accessible to UK minors, and review whether data collected from users who may be under 18 is processed in compliance with applicable minor-specific privacy frameworks.
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This provision establishes COPPA-relevant age restrictions and requires parental consent for minor users aged 13 to 18, which creates compliance obligations regarding age verification and parental consent mechanisms. The adequacy of technical enforcement of these restrictions may require separate evaluation.
Users under 13 are prohibited from accessing the platform under the Terms of Service. Users aged 13 to 17 may access the platform only with parental or guardian consent, as stated in the agreement.
ConductAtlas has identified this type of provision across 4 platforms. See the full comparison.
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