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 indemnification clause allocates financial risk by requiring users to cover Whatnot's defense costs and damages in disputes stemming from user actions or alleged violations, rather than Whatnot absorbing these expenses internally.
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 →Users assume financial liability for Whatnot's legal costs and damages in proceedings related to their conduct under the agreement, including attorney fees. This obligation applies regardless of whether the user initiated the dispute.
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"You agree to defend, indemnify, and hold harmless Whatnot and our officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.— Excerpt from Whatnot's Whatnot Terms of Service
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This indemnification clause allocates financial risk by requiring users to cover Whatnot's defense costs and damages in disputes stemming from user actions or alleged violations, rather than Whatnot absorbing these expenses internally.
Users assume financial liability for Whatnot's legal costs and damages in proceedings related to their conduct under the agreement, including attorney fees. This obligation applies regardless of whether the user initiated the dispute.
ConductAtlas has identified this type of provision across 12 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.