Get the weekly research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean. No account.
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 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 →How other platforms handle this
If 25 or more claimants seek to file arbitrations raising similar claims and are represented by the same counsel...all cases must be resolved in arbitration using bellwether and, if necessary, batched proceedings...
If 25 or more claimants submit Informal Notices or Demands ... the AAA's Mass Arbitration Supplementary Rules ... shall apply, and all of the cases must be resolved in arbitration under the process described in this Section 17(h).
The arbitrator's awarding of damages must be consistent with the terms of the "Limitation of Liability" section of these Terms of Use as to the types and the amounts of damages for which a party may be held liable.
Monitoring
Whatnot has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 20 platforms.
"in the event 100 or more similar arbitration demands...are submitted to JAMS...against Whatnot within reasonably close temporal proximity (a "Mass Filing"), the parties agree...to administer the Mass Filing in batches of 100 demands per batch...Excerpt from Whatnot's Terms of Service
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.
561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
The clause states: “in the event 100 or more similar arbitration demands...are submitted to JAMS...against Whatnot within reasonably close temporal proximity (a "Mass Filing"), the parties agree...to administer the Mass Filing in batches of 100 demands per batch...”
ConductAtlas has identified this type of provision across 211 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.