The agreement requires users outside Quebec and jurisdictions where mandatory arbitration is prohibited by law to resolve disputes with Whatnot through binding individual arbitration rather than court proceedings, and waives participation in class action litigation.
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 that eligible users pursue claims against Whatnot through individual arbitration proceedings rather than civil court, and the class action waiver precludes aggregated claims regardless of the common nature of the underlying dispute.
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 →Under this clause, users outside Quebec and jurisdictions that prohibit mandatory arbitration must submit disputes to binding individual arbitration rather than pursuing claims in court or as part of a class action. The agreement provides a 30-day opt-out window for users who wish to preserve their right to litigate disputes in court.
Cross-platform context
See how other platforms handle Mandatory Individual Arbitration and Class Action Waiver and similar clauses.
Compare across platforms →"IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND WHATNOT THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 21 "ARBITRATION AGREEMENT; MASS ARBITRATION PROCEDURES; CLASS ACTION WAIVER" BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS MANDATORY ARBITRATION OF DISPUTES (INCLUDING THE PROVINCE OF QUEBEC), THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 22 "GOVERNING LAW AND JURISDICTION" WILL APPLY INSTEAD.Excerpt from Whatnot's Terms of Service
REGULATORY LANDSCAPE: Mandatory arbitration clauses and class action waivers in consumer contracts are subject to review under the FTC Act and applicable state consumer protection statutes.
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This provision requires that eligible users pursue claims against Whatnot through individual arbitration proceedings rather than civil court, and the class action waiver precludes aggregated claims regardless of the common nature of the underlying dispute.
Under this clause, users outside Quebec and jurisdictions that prohibit mandatory arbitration must submit disputes to binding individual arbitration rather than pursuing claims in court or as part of a class action. The agreement provides a 30-day opt-out window for users who wish to preserve their right to litigate disputes in court.
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