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.
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 →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.
How other platforms handle this
You may reject any change we make to section 15 (except address changes) by personally signing and sending us notice within 30 days of the change by U.S. Mail to the address in section 15.b.
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
"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 Terms of Service
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Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
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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 206 platforms. See the full comparison.
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