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
Sellers are bound to pay fees whose amounts are not fixed in the Terms themselves but in a separately maintained Fee Schedule that Whatnot can update, meaning applicable fees may change without a Terms amendment.
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 →If you are a Seller, you must pay Whatnot's processing fees and other charges on every Transaction, at rates that may change as Whatnot updates its Fee Schedule.
How other platforms handle this
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If the Transitional Period exceeds the term defined in the Agreement, the Parties will agree to extend the term of the Agreement, solely for the purposes of an orderly Switch. Such extension will be subject to the payment of the applicable Fees for continued access to the Mistral AI Products.
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"Sellers are required to pay Whatnot processing fees and other charges for each Transaction. The amount of such fees and charges is outlined on our FAQs, which may be updated or amended from time to time (the "Fee Schedule")...— Excerpt from Whatnot's Whatnot Terms of Service
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Sellers are bound to pay fees whose amounts are not fixed in the Terms themselves but in a separately maintained Fee Schedule that Whatnot can update, meaning applicable fees may change without a Terms amendment.
If you are a Seller, you must pay Whatnot's processing fees and other charges on every Transaction, at rates that may change as Whatnot updates its Fee Schedule.
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