Provision record
Whatnot · Whatnot Terms of Service · View original document ↗

Governing Law and Jurisdiction

Low severity High confidence Explicit document language Common · 267 of 352 platforms
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Document Record

What it is

The agreement is governed by California law, with exclusive jurisdiction for any permitted court proceedings in Los Angeles County, California state and federal courts.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This clause establishes California as the governing law and Los Angeles County as the exclusive venue for any litigation not subject to arbitration, which may create a practical barrier for users located outside California who need to pursue court proceedings.

Recent Activity

This document changed recently

High Jun 24, 2026

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 →
Medium Jun 18, 2026

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 →
High Jun 16, 2026

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.

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Clause Stability Mostly Stable

1
Change
3
Months Monitored
May 8, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 1500 other provisions on other platforms.
This clause has changed once in 3 months of monitoring.

Change history

removed Jul 22, 2026

Removal of explicit California governing law and Los Angeles jurisdiction clause may indicate these provisions were relocated or subsumed in arbitration/dispute resolution sections.

View full change record →
modified May 30, 2026

Changed 'will be' to 'shall be' and added 'construed in accordance with', removed reference to 'Dispute Resolution section', and added qualifier 'To the extent that any lawsuit or court proceeding is permitted hereunder'.

View full change record →

Consumer impact (what this means for users)

Under this clause, disputes proceeding to court must be litigated in Los Angeles County, California under California law, regardless of the user's location. This applies to the limited categories of claims excluded from arbitration.

How other platforms handle this

Tinder Medium

In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.

Instacart Medium

For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware

Plaid Medium

These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Whatnot agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

Excerpt from Whatnot's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1.

Insight

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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
Whatnot Terms of Service
Entity
Whatnot
Document last updated
May 5, 2026
Tracking information
First tracked
May 21, 2026
Last verified
May 21, 2026
Record ID
CA-P-006747
Document ID
CA-D-00731
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
edfabe18c30c0c9dfe08867c3872885e0d963241db8222ec0afffc7bd4e70e0c
Analysis generated
May 21, 2026 00:01 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Whatnot
Document: Whatnot Terms of Service
Record ID: CA-P-006747
Captured: 2026-05-21 00:01:17 UTC
SHA-256: edfabe18c30c0c9d…
URL: https://conductatlas.com/platform/whatnot/whatnot-terms-of-service/provision/CA-P-006747/governing-law-and-jurisdiction/
Accessed: Aug. 12, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Low
Categories

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Frequently Asked Questions

What does Whatnot's Governing Law and Jurisdiction clause do?

This clause establishes California as the governing law and Los Angeles County as the exclusive venue for any litigation not subject to arbitration, which may create a practical barrier for users located outside California who need to pursue court proceedings.

How does this clause affect you?

Under this clause, disputes proceeding to court must be litigated in Los Angeles County, California under California law, regardless of the user's location. This applies to the limited categories of claims excluded from arbitration.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.

Is ConductAtlas affiliated with Whatnot?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.