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 →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 →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 →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.
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"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 Whatnot 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. However, the sublicensable and transferable nature of this license may interact with FTC guidelines on endorsements and testimonials if user content is repurposed in advertising contexts without adequate disclosure. In the EU, the Digital Services Act and GDPR may impose additional constraints on how user-generated content is processed and shared, particularly where content contains personal data. (2) GOVERNANCE EXPOSURE: Medium. The license's scope, covering modification and derivative works, is broader than a pure distribution license and could allow Whatnot to alter user content in ways the user did not anticipate. The transferability right means that if Whatnot is acquired or merges with another company, the license passes to the successor entity. (3) JURISDICTION FLAGS: EU and UK users may benefit from additional protections under GDPR where content constitutes personal data, requiring a lawful basis for processing beyond contractual necessity. California residents may have CCPA-related rights regarding content that qualifies as personal information. (4) CONTRACT AND VENDOR IMPLICATIONS: Sellers who post branded or proprietary product imagery should assess whether this license grant conflicts with their own IP ownership or exclusivity arrangements. The sublicensability right is a meaningful due diligence consideration for brands and retailers using the platform for product launches or exclusive content. (5) COMPLIANCE CONSIDERATIONS: Teams should confirm that the scope of this license is disclosed to sellers at onboarding in a sufficiently prominent manner, particularly regarding the sublicensing and modification rights. Any use of user content in advertising or AI training contexts should be evaluated against applicable FTC, GDPR, and state law requirements.
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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.
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