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
Both the determination of a violation and the choice of consequence rest entirely in Whatnot's sole discretion, and the listed fee consequence directly affects Seller revenue.
Interpretive note: The excerpt is truncated after '$12.00 (USD)'; it is not clear from this excerpt alone whether the 15% and $12.00 USD figures operate as alternatives, a floor, or otherwise. The canonical claim states both figures as listed without characterising their relationship. Additional consequences beyond those listed are expressly contemplated by 'including but not limited to'.
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, Whatnot may determine in its sole discretion that you have violated the Terms and may impose consequences — including a financial penalty — also at its sole discretion.
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"Whatnot may, in its sole discretion, impose consequences on Sellers who, in Whatnot's sole discretion, violate these Terms, including but not limited to (i) charging an additional fee of 15% of the total Transaction amount, or $12.00 (USD)...— Excerpt from Whatnot's Whatnot Terms of Service
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Both the determination of a violation and the choice of consequence rest entirely in Whatnot's sole discretion, and the listed fee consequence directly affects Seller revenue.
If you are a Seller, Whatnot may determine in its sole discretion that you have violated the Terms and may impose consequences — including a financial penalty — also at its sole discretion.
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