This analysis describes what WhatsApp'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
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if a court decides that any of the provisions in the Prohibition of Class and Representative Actions...is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief...
13.4 If any part of terms of this Section 12 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section ...
If, after exhaustion of all appeals, any of these prohibitions...are found to be unenforceable with respect to a particular claim or request for relief...then such a claim or request for relief will be decided by a court of competent jurisdiction...
"We and you each agree that if you are a WhatsApp user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf...Excerpt from WhatsApp's Terms of Service
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The clause states: “We and you each agree that if you are a WhatsApp user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf...”
ConductAtlas has identified this type of provision across 196 platforms. See the full comparison.
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