Users agree to indemnify and hold harmless Whatnot, its officers, directors, employees, agents, and service providers from claims, liabilities, damages, and legal fees arising from the user's violation of the Terms, unauthorized use of platform content, or use of information obtained from the platform.
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 requires users to cover Whatnot's legal defense costs and any resulting damages in claims arising from the user's platform activity, including content posted and any unauthorized use of platform features or content. The scope extends to claims brought by third parties arising from user conduct.
Interpretive note: Enforceability of consumer-facing indemnification clauses varies by jurisdiction; courts may limit enforcement where the clause is found to be unconscionable or contrary to consumer protection public policy.
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 →Removal of user indemnification clause reduces user liability for defending Whatnot against third-party claims, representing a significant reduction in user obligations.
View full change record →Added 'licensors' and 'service providers' to indemnified parties, added 'judgments' and 'awards' to damages types, changed 'disputes, demands' to 'judgments, awards', and expanded scope to 'any use of the Services' content, services and products other than as expressly'.
View full change record →This standalone provision was consolidated into the new 'Indemnification' provision in the current version with expanded scope and additional indemnified parties.
View full change record →Under this clause, users are contractually obligated to defend and indemnify Whatnot against third-party claims arising from the user's violations of the Terms or misuse of the platform, including reasonable attorneys' fees. This obligation applies to all users, including individual consumers and sellers.
How other platforms handle this
Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable or that operate on your behalf...
You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.
These indemnity obligations shall survive any expiration or termination of your relationship with Chegg.
"You agree to indemnify, defend, and hold harmless Whatnot and its officers, directors, employees, agents, licensors, and service providers 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, including, but not limited to, your User Content, any use of the Services' content, services and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.Excerpt from Whatnot's Terms of Service
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This provision requires users to cover Whatnot's legal defense costs and any resulting damages in claims arising from the user's platform activity, including content posted and any unauthorized use of platform features or content. The scope extends to claims brought by third parties arising from user conduct.
Under this clause, users are contractually obligated to defend and indemnify Whatnot against third-party claims arising from the user's violations of the Terms or misuse of the platform, including reasonable attorneys' fees. This obligation applies to all users, including individual consumers and sellers.
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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