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
The cancellation charge scales with order size and always meets a minimum threshold, meaning Sellers bear a financial cost for every cancellation regardless of order value.
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 and an order is cancelled, you will be charged the greater of a fixed $3 fee (in the applicable currency) or 3% of the total order amount including item price, shipping, and applicable taxes.
How other platforms handle this
For Services with a fixed base charge, the charges are due at the beginning of each billing period.
If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period.
Google may charge a fee (based on Google's reasonable costs) for any audit under paragraphs 6.1(a) or 6.1(b) of this Appendix 3A. Google will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such audit.
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"A cancellation charge will be equal to $3 USD, £3 GBP, €3 EUR, $3 CAD, or $3 AUD...or 3% of the total order amount (including item price, shipping, and applicable taxes), whichever is greater...— Excerpt from Whatnot's Whatnot Terms of Service
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The cancellation charge scales with order size and always meets a minimum threshold, meaning Sellers bear a financial cost for every cancellation regardless of order value.
If you are a Seller and an order is cancelled, you will be charged the greater of a fixed $3 fee (in the applicable currency) or 3% of the total order amount including item price, shipping, and applicable taxes.
ConductAtlas has identified this type of provision across 233 platforms. See the full comparison.
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