Whatnot's liability is limited to direct damages only, excluding indirect, incidental, special, consequential, punitive, or exemplary damages including lost profits, data loss, and goodwill, to the maximum extent permitted by applicable law.
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 limits the categories of recoverable damages users may seek from Whatnot arising from platform use, including data loss and loss of profits relevant to sellers. The clause is conditioned on applicable law, which may permit broader recovery in certain jurisdictions.
Interpretive note: Enforceability of the consequential damage exclusion varies by jurisdiction; the clause is conditioned on applicable law and may not be enforceable in its full scope in all user jurisdictions.
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 broad liability exclusion may increase Whatnot's exposure to damages claims, though arbitration and other limitations may still apply.
View full change record →Simplified to name only Whatnot (removed 'SERVICE PROVIDERS'), added 'PUNITIVE' and 'INDIRECT' damages, added 'EVEN IF WHATNOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES' clause, and consolidated damage categories.
View full change record →Under this clause, users and sellers are generally limited to seeking direct damages from Whatnot and may not recover consequential, punitive, or exemplary damages including lost profits or data losses. Applicable law in certain jurisdictions may limit or override this exclusion.
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATNOT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WHATNOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.Excerpt from Whatnot's Terms of Service
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This clause limits the categories of recoverable damages users may seek from Whatnot arising from platform use, including data loss and loss of profits relevant to sellers. The clause is conditioned on applicable law, which may permit broader recovery in certain jurisdictions.
Under this clause, users and sellers are generally limited to seeking direct damages from Whatnot and may not recover consequential, punitive, or exemplary damages including lost profits or data losses. Applicable law in certain jurisdictions may limit or override this exclusion.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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