Whatnot is not responsible for any lost profits, lost data, or other indirect financial harm you suffer as a result of using or being unable to use the platform, even if they knew harm was possible.
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 clause caps what you can recover from Whatnot in most circumstances, meaning that even significant financial losses caused by platform failures, outages, or errors may not be compensable.
Interpretive note: Enforceability varies by jurisdiction; EU, UK, and certain US state frameworks may not give full effect to this clause for consumer claims.
If Whatnot's platform fails during a sale, loses your data, or causes you to miss business opportunities, this clause limits your ability to recover those financial losses from Whatnot in most circumstances.
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In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ARE ALSO AGREEING TO CONTRACTUAL TERMS THAT WILL LIMIT SOME OF YOUR LEGAL RIGHTS, INCLUDING A DISCLAIMER OF WARRANTY, AN EXCLUSION OF CERTAIN KINDS OF DAMAGES, AND A LIMITATION OF LIABILITY.
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"TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WHATNOT OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.— Excerpt from Whatnot's Whatnot Terms of Service
(1) REGULATORY LANDSCAPE: Limitation of liability clauses are broadly enforceable in commercial contexts under US law but may face challenge in consumer contracts where they are found to be unconscionable or contrary to state consumer protection statutes. Certain states, including California and New Jersey, have judicial precedent scrutinizing broad liability caps in consumer agreements. In the EU and UK, consumer protection law typically prohibits exclusion of liability for negligence causing personal injury and may limit exclusions for other consumer harm. (2) GOVERNANCE EXPOSURE: Medium. The clause's scope, covering lost revenues, lost profits, and loss of data, is particularly significant for professional sellers whose income depends on uninterrupted platform access. The provision is standard in platform agreements but the breadth of excluded categories is material for business users. (3) JURISDICTION FLAGS: EU and UK consumer protection frameworks generally prohibit blanket liability exclusions against consumers and may not give effect to this clause for users in those jurisdictions. California's Consumer Legal Remedies Act and similar state statutes may limit the enforceability of this clause for California consumers in certain claim categories. (4) CONTRACT AND VENDOR IMPLICATIONS: Business sellers and institutional partners should assess whether this liability cap is commercially acceptable given their revenue dependency on the platform, and consider negotiating enhanced service level commitments in any side agreements. (5) COMPLIANCE CONSIDERATIONS: The 'to the maximum extent permitted by law' savings language provides some jurisdictional flexibility, but compliance teams should map applicable mandatory consumer protection laws by market to understand where this clause may be partially or fully unenforceable.
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This clause caps what you can recover from Whatnot in most circumstances, meaning that even significant financial losses caused by platform failures, outages, or errors may not be compensable.
If Whatnot's platform fails during a sale, loses your data, or causes you to miss business opportunities, this clause limits your ability to recover those financial losses from Whatnot in most circumstances.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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