You’re creating on Whop, which means…

Who is bound, and by which one

Sell on Whop and the Seller Terms bind you — Section 6 says so in its own words, “both incorporated by reference into these Terms of Service”, the same parenthetical it gives the Buyer Terms. The Earnings Terms carry no such phrase, and the sentence naming them turns on earning through “our Affiliate Program, Bounty Program, and other ways to earn on Whop”, not on selling. Section 17 scopes Additional Terms to those “applicable to the Service or certain features of the Service” — so the trigger is the feature you use. Nothing is asserted here about what any of those documents say.

Where the money is defined

The fee references in this document are pointers, not figures. Fees “may apply to certain transactions and services as described in our Buyer Terms and Seller Terms”, and Whop can change the fee structure “by revising those terms” — which is to say, by editing a document you are not reading.

The later terms win

Where an Additional Term conflicts with what you just read, the Additional Term governs for that feature or Product. Everything in this contract is a floor, not a ceiling.

The legal menu you scrolled past

The legal menu at the top of this page lists ten documents alongside the Terms of Service: Privacy Policy, Buyer Terms, Seller Terms, Earnings Terms, Whop Ads Terms, Spend Card Terms, Developer Terms, Community guidelines, Prohibited Products & Services, and Youth Safety Policy. The phrase “Spend Card” appears exactly once in this entire file — in that menu. The contract body never mentions it.

Which way the grant runs

“you grant us” — this is the licence you give Whop. “non-exclusive” sits on that side of it, which makes it the reassuring word: the same product can be listed and sold on any other platform at the same time.

Where the qualifier sits

“modify for formatting purposes” is a narrowed permission, and it is worth noticing how narrow. But read the next verb: “prepare derivative works” carries no qualifier at all. The limit attaches to modification, not to the making of new work from yours.

Three words that are missing

The strings “perpetual”, “irrevocable” and “transferable” appear zero times in this document. The only thing described as irrevocable anywhere in it is your waiver of a jury trial, in Section 15. The licence itself is “sublicensable”, so Whop can pass the rights along. “Transferable” is absent from Section 8 — but Section 17 says these Terms “may be assigned by us without restriction”, and the licence sits inside them.

No end date is named

The clause says when the licence starts and never says when it stops. Section 10's survival list names Sections 10, 11, 12, 13, 14, 15 and 17 — Section 8 is not among them. What the document does say is that on termination Whop states that “we reserve the right to delete any User Content or data linked to your Account”, and that you are “solely responsible for keeping copies” of it.

A typo, and what it sits over

The subheading reads “Your to license to us.” It is the heading sitting over the grant itself — the paragraph in this section that actually moves rights.

This is a real grant, and it isn't about content

Membership control of your own community moves to Whop for as long as you use the feature. Adding and removing members is the substance of running a Discord server, and it is what you are agreeing to hand over.

Responsibility does not move with it

Whop takes the management rights and disclaims responsibility for what happens inside. Read the two sentences together: control on one side, liability on yours.

Three addenda sit at the back

Section 18 also carries a Software Access Addendum and a Software Rental Addendum, both of which oblige Sellers and Buyers to grant licences onward to other users. They are inside this document, in Section 18, after the arbitration and copyright sections.

“or for any other reason”

The termination power does not require a breach. It is discretionary, can happen without notice, and reaches “any related accounts” alongside the one that triggered it.

Your balance pays the bill first

Money sitting in your Whop Balance can be used to cover fees, fines, chargebacks and buyer refunds before any of it reaches you. Whop's own terms note that the Balance “is not FDIC insured in the United States.”

Escheatment

Escheatment is the legal process by which unclaimed money passes to a state government. What is left after offsets and refunds is handled under the payment partners' unclaimed-property policies, not returned to you as of right.

And no claim about any of it

The section ends by excluding liability for every decision it just authorised — offset, refund, forfeit, escheat, withhold.

It's a floor, not a cap

Read it exactly: the greater of what you paid and $100. This is not a flat $100 limit — if you paid Whop more than $100 in the twelve months before the claim, that larger figure is the ceiling. For someone who has paid nothing, $100 is the whole value of the relationship in damages.

The opt-out window, and the sentence after it

On the face of it the window runs 30 days from when you created the account, not from when the terms changed, and it closes by post to a Brooklyn address. The very next sentence complicates that: “If you opt out of an update, the last set of agreed upon arbitration terms will apply.” It contemplates opting out of an update — which a window measured only from account creation would never reach. The document does not say how the two fit together.

It reaches backwards

Arbitration covers claims “regardless of when the claim arose, even if it was before these Terms existed”. A dispute predating this version of the contract is pulled into it.

The one irrevocable thing

The string “irrevocable” appears nowhere in this document; “irrevocably” appears once, and it is here, attached to your waiver of a jury trial. The licence over your work carries neither word.