When you post any content on Whatnot, including photos, videos, or descriptions, you give Whatnot the right to use, copy, modify, and share that content globally without paying you anything.
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 license is transferable and sublicensable, meaning Whatnot can pass these rights to third parties, and the license covers modifications and derivative works, giving Whatnot significant flexibility over how your content is used.
The updated terms establish mandatory arbitration as the exclusive dispute resolution mechanism for influencers, replacing direct court access in California and Australia. Under the revised language, any dispute with Whatnot must proceed through arbitration under the main Terms of Service, which includes a class action waiver. This means influencers cannot bring class or collective claims and cannot access court proceedings except where the main Terms of Service explicitly permits. The practical effect is that individual influencers seeking to resolve disagreements with Whatnot over payments, account suspension, content disputes, or contractual interpretation must use arbitration rather than litigation.
View change record →The updated terms establish a formal Creator Program for Australian users that defines how creators can submit content for potential monetary or credit rewards. Creators grant Whatnot a one-year, non-exclusive, worldwide license to use submitted videos across paid and organic social media, television, and other platforms, while retaining ownership of the original content. The terms require creators to clearly disclose any material connection to Whatnot, including consideration or free products received, in a form specified by Whatnot and compliant with Australian advertising standards and the AANA Code of Ethics.
View change record →Australian sellers using Whatnot are now required to resolve all disputes through arbitration rather than through Australian courts. The updated terms state that disputes will be resolved exclusively under the main Terms of Service arbitration provisions, removing the previous option to bring legal action in Los Angeles courts or pursue jury trials. The terms no longer include language allowing court proceedings, except where the main Terms of Service expressly permit.
View change record →Any product photos, stream recordings, or descriptions you post on Whatnot can be used, modified, and sublicensed by Whatnot for its business purposes without your additional consent or compensation, including potentially in marketing or promotional contexts.
How other platforms handle this
we may closely review accounts that offer the following services, products, or content: Online trading, day trading tips, and stock market related content
Paid Subscribers can select whether Content is public or private.
If Your Content is prohibited under the laws of any jurisdiction where our Services are available, we may remove it even if it is not illegal in your location.
"By making any User Content available through the Services you hereby grant to Whatnot a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.Excerpt from Whatnot's Terms of Service
(1) REGULATORY LANDSCAPE: Broad platform content licenses are generally standard in the industry and are typically enforceable as a contractual grant of rights under copyright law.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This license is transferable and sublicensable, meaning Whatnot can pass these rights to third parties, and the license covers modifications and derivative works, giving Whatnot significant flexibility over how your content is used.
Any product photos, stream recordings, or descriptions you post on Whatnot can be used, modified, and sublicensed by Whatnot for its business purposes without your additional consent or compensation, including potentially in marketing or promotional contexts.
ConductAtlas has identified this type of provision across 263 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.