Sellers pay transaction fees to Whatnot for each successful sale, and Whatnot can change those fees at any time with continued use of the platform treated as acceptance of the new rates.
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 fee structure is incorporated by reference to a separate Seller Policy document rather than spelled out in the Terms, meaning the specific rates you agree to are not directly visible in this document and may change without separate explicit consent.
Interpretive note: The specific fee amounts and change notification process are set in an external Seller Policy document not reproduced here; the adequacy of disclosure depends on how that document is presented at onboarding and when updated.
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 →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 →Strategic sellers on Whatnot are now subject to mandatory arbitration for all disputes with the platform instead of having access to California courts. The updated agreement states that arbitration under the main Terms of Service is the exclusive forum and procedure for resolving disputes, except only to the extent the Terms of Service expressly permit otherwise. This removes the right to jury trial and appeal to higher courts, streamlining dispute resolution to a single binding arbitration proceeding. You can review the arbitration provisions in Section 21 of Whatnot's main Terms of Service to understand the specific procedures and limitations that will apply to any dispute.
View change record →This provision was replaced with a more specific seller commission structure, removing the automatic acceptance of fee updates through continued use.
View full change record →As a seller, you are agreeing to pay fees whose specific amounts are set in a separate document that Whatnot can update, and by continuing to sell after a fee change you are deemed to have accepted the new rates.
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"Whatnot charges fees for use of the Services by Sellers. By listing an item for sale, you agree to pay Whatnot the applicable Fees for any successful transaction. Fees are described in our Seller Policies, which are incorporated into these Terms by reference. Fees may be updated from time to time, and your continued use of the Services constitutes acceptance of any updated Fees.— Excerpt from Whatnot's Whatnot Terms of Service
(1) REGULATORY LANDSCAPE: Fee terms incorporated by reference to external documents may be subject to FTC scrutiny if not adequately disclosed at the point of sale or account creation. State consumer protection laws in California, New York, and elsewhere may require clear and conspicuous disclosure of fees at the time of contract formation; incorporation by reference to a separate, updateable policy document may not satisfy this standard in all jurisdictions. (2) GOVERNANCE EXPOSURE: Medium. The provision that 'continued use constitutes acceptance' of fee changes is a standard but contested mechanism; some courts have found that material fee increases require more affirmative notice and consent, particularly in consumer contracts. (3) JURISDICTION FLAGS: California's automatic renewal and negative option rules may require enhanced disclosure and consent for material fee changes. EU Platform-to-Business Regulation requires advance notice of at least 15 days before changes to terms that affect business users, including fee changes, which would apply to sellers operating on Whatnot in the EU. (4) CONTRACT AND VENDOR IMPLICATIONS: Sellers should regularly review the Seller Policy for fee updates, as the terms provide no guaranteed advance notice period before fee changes take effect for US users. B2B sellers should assess whether their unit economics account for potential fee volatility. (5) COMPLIANCE CONSIDERATIONS: Whatnot's fee change notification process should be audited to ensure compliance with EU P2B Regulation advance notice requirements and any applicable US state disclosure obligations. The absence of a specific notice period for fee changes in the Terms is a gap that may create regulatory exposure.
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The fee structure is incorporated by reference to a separate Seller Policy document rather than spelled out in the Terms, meaning the specific rates you agree to are not directly visible in this document and may change without separate explicit consent.
As a seller, you are agreeing to pay fees whose specific amounts are set in a separate document that Whatnot can update, and by continuing to sell after a fee change you are deemed to have accepted the new rates.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.