The agreement requires all disputes between users and Whatnot to be resolved through binding arbitration rather than court litigation, with a limited exception for intellectual property claims seeking injunctive relief.
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 submit disputes to individual binding arbitration under AAA rules, excluding the option of court proceedings for most claim types, and operates alongside the class action waiver to limit collective or representative claims.
Interpretive note: Enforceability of mandatory arbitration clauses in consumer contracts varies by jurisdiction and is subject to evolving regulatory and judicial interpretation, particularly in California and EU member states.
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 →Provision renamed and reworded to focus on arbitration agreement, added explicit carve-out for injunctive relief, and removed reference to jury trial waiver from the title.
View full change record →Under this clause, users must resolve claims against Whatnot through individual arbitration proceedings rather than civil court, except for intellectual property disputes seeking injunctive relief. The agreement also establishes a 30-day opt-out window for new users who wish to preserve court access.
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"AGREEMENT TO ARBITRATE. You and Whatnot agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.— Excerpt from Whatnot's Whatnot Terms of Service
1. REGULATORY LANDSCAPE: This provision implicates the Federal Arbitration Act (FAA), FTC Act consumer protection standards, and state arbitration and consumer protection statutes. California, New York, and other states have enacted or proposed legislation that may limit mandatory arbitration clauses in consumer contracts; the enforceability of this clause may depend on jurisdiction and applicable state law. The FTC and state attorneys general hold enforcement authority over unfair or deceptive terms in consumer contracts. 2. GOVERNANCE EXPOSURE: High. Mandatory arbitration clauses in consumer-facing terms of service are subject to ongoing regulatory and judicial scrutiny, particularly in California under existing consumer protection frameworks. The clause covers all disputes arising from the Terms or platform use, which is a broad scope that may be challenged in jurisdictions with consumer arbitration limitations. 3. JURISDICTION FLAGS: California presents heightened exposure due to ongoing legislative and judicial activity around consumer arbitration waivers. EU and UK users may face additional limitations as mandatory arbitration in consumer contracts may conflict with applicable consumer protection directives. The clause as written applies globally, but its enforceability varies by jurisdiction. 4. CONTRACT AND VENDOR IMPLICATIONS: For B2B partners and sellers operating through Whatnot, this arbitration clause also governs commercial disputes, which may conflict with negotiated commercial agreements or seller contracts that specify alternative dispute resolution. Procurement teams should assess whether this clause affects indemnification and liability allocation in seller or partner agreements. 5. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the 30-day opt-out mechanism and notice procedures meet applicable state and federal standards, assess enforceability in key user jurisdictions, and review whether the arbitration clause disclosure is sufficiently prominent under FTC guidance on clear and conspicuous disclosure.
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This provision requires users to submit disputes to individual binding arbitration under AAA rules, excluding the option of court proceedings for most claim types, and operates alongside the class action waiver to limit collective or representative claims.
Under this clause, users must resolve claims against Whatnot through individual arbitration proceedings rather than civil court, except for intellectual property disputes seeking injunctive relief. The agreement also establishes a 30-day opt-out window for new users who wish to preserve court access.
ConductAtlas has identified this type of provision across 36 platforms. See the full comparison.
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