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Plain-English summary
Afterpay's terms include a mandatory binding arbitration clause and class action waiver (risk_flags-0001), though you have the option to opt out. The company reserves the right to transfer your agreement to a third party without notice or consent (risk_flags-0002). Your account may be restricted or closed if you withdraw consent to electronic communications (risk_flags-0003). When using Afterpay's AI products, you are fully responsible for the content you input and the content generated (risk_flags-0004), and you grant Afterpay a broad, perpetual, and irrevocable license to use your AI content (risk_flags-0005). Additionally, your AI content may persist in archived copies even after removal (risk_flags-0006), and Afterpay disclaims responsibility for the accuracy or legality of AI outputs (risk_flags-0007). For data use, Afterpay can access your credit reports for eligibility, account servicing, and marketing purposes as long as your account is open (data_use-0001).
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Risk Flags
These clauses contain material risks that could lead to significant harm. Often, they are difficult to reverse and might require legal or technical expertise to manage.
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Mandatory binding arbitration and class action waiver
This agreement requires that disputes between you and Afterpay be resolved through binding arbitration, meaning you give up your right to go to court and your claims cannot be brought as a class action. However, you have an explicit right to opt out of these provisions.
Why it matters: You cannot sue Afterpay in court, except for small claims, and you cannot participate in a class action lawsuit against them if you agree to these terms. Your legal rights will be decided by a neutral arbitrator.
This Agreement provides that all Disputes (as defined in Section 13 (“Dispute Resolution”) below) between you and us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED in Section 13 (“Dispute Resolution”) below.Please review Section 13 for the details regarding your agreement to arbitrate any Disputes with us.
Afterpay may transfer or assign this Agreement, and any rights under this Agreement, to a third party without notice to you or without your consent.
Why it matters: Your contract and associated rights with Afterpay could be transferred to another company without you being informed or agreeing to it, potentially changing who you are dealing with.
We may transfer or assign this Agreement, and any rights under this Agreement, to a third party without notice to you or without your consent.
Account restrictions if electronic communication consent is withdrawn
If you fail to provide or if you withdraw your consent to receive communications electronically, Afterpay reserves the right to restrict, deactivate or close your Account.
Why it matters: Withdrawing your consent to electronic communications could result in the restriction, deactivation, or closure of your Afterpay account.
If you fail to provide or if you withdraw your consent to receive communications electronically, Afterpay reserves the right to restrict, deactivate or close your Account.
**(h) Open or use multiple Afterpay Accounts; or.**, paragraph 7 · Citation strength: strong
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AI content responsibility and verification
You are responsible for any text you type or images, content, or data you upload into AI Products ("Input'), as well as any text, images, or content generated by AI Product through your use of AI Products or through prompts you provide to AI Products ("Output", together "AI Content"). You are also responsible for ensuring that any AI Content complies with all applicable laws, regulations, and terms before generating, using, or sharing it. All Outputs are generated by artificial intelligence and it is your responsibility to verify the accuracy of all AI Content and ensure its compliance with all applicable law, regulations, and terms, including any intellectual property or privacy rights of third parties.
Why it matters: You are fully responsible for the content you input into Afterpay's AI products and the content generated by them. You must verify its accuracy and legality, including intellectual property and privacy rights, before using or sharing it.
You are responsible for any text you type or images, content, or data you upload into AI Products ("Input'), as well as any text, images, or content generated by AI Product through your use of AI Products or through prompts you provide to AI Products ("Output", together "AI Content"). You are also responsible for ensuring that any AI Content complies with all applicable laws, regulations, and terms before generating, using, or sharing it.
**12. Generative AI Terms of Use**, paragraph 5 · Citation strength: strong
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Broad license granted for AI content
You grant Afterpay and its subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your AI Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the AI Products.
Why it matters: Afterpay gains extensive, perpetual, and irrevocable rights to use, modify, and display any content you submit to or generate with their AI products, for any reason, potentially beyond the scope of providing the service.
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your AI Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the AI Products.
**12. Generative AI Terms of Use**, paragraph 8 · Citation strength: strong
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Persistence of AI Content after modification or removal
You may modify or remove your Outputs via your Account or by terminating your Account, but your Inputs and Outputs may persist in historical, archived or cached copies and versions thereof available on or through the AI Products.
Why it matters: Even if you modify or remove your AI-generated content or terminate your account, your inputs and outputs may still exist in archived or cached copies within Afterpay's AI products.
You may modify or remove your Outputs via your Account or by terminating your Account, but your Inputs and Outputs may persist in historical, archived or cached copies and versions thereof available on or through the AI Products.
**IF YOU DO NOT WISH TO GRANT AFTERPAY A LICENSE TO ANY OF YOUR AI CONTENT, PLEASE DO NOT USE AFTERPAY'S AI PRODUCTS.**, paragraph 1 · Citation strength: strong
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AI content disclaimers and lack of liability
Afterpay has no obligation to monitor any AI Content and has absolute discretion to remove AI Content at any time and for any reason without notice. They also state they do not warrant or guarantee the accuracy, completeness or reliability of any Output, or that any Output or use of it does not infringe any third-party rights, and take no responsibility and assume no liability for any Content, including any omissions, errors, loss or damage to any of the AI Content. You should not rely on outputs as factual or as a substitute for financial, investment, tax or any professional advice.
Why it matters: Afterpay is not responsible for the accuracy or legality of AI-generated content and can remove it at any time. You cannot rely on AI outputs for factual information or professional advice, and Afterpay assumes no liability for errors or damages from AI content.
We do not warrant or guarantee the accuracy, completeness or reliability of any Output, or that any Output or use of it does not infringe any third-party rights. We take no responsibility and assume no liability for any Content, including any omissions, errors, loss or damage to any of the AI Content. You should not rely on outputs as factual or as a substitute for financial, investment, tax or any professional advice. Afterpay may impose limits on the number of Outputs you can create with AI Products.
**IF YOU DO NOT WISH TO GRANT AFTERPAY A LICENSE TO ANY OF YOUR AI CONTENT, PLEASE DO NOT USE AFTERPAY'S AI PRODUCTS.**, paragraph 2 · Citation strength: strong
Data Use
These clauses describe how the company collects, processes, and shares personal data. They may include details about data retention, third-party sharing, and user control over their data.
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Credit report inquiry for eligibility and marketing
You agree and authorize Afterpay to obtain one or more credit reports or other consumer reports from consumer reporting agencies for use in determining your eligibility for a loan, reviewing and servicing your Afterpay Account, marketing Afterpay products or services to you, and for other permissible purposes under the Fair Credit Reporting Act. This consent and instructions apply as long as your Afterpay Account is open.
Why it matters: Afterpay can access your credit reports and consumer reports for purposes including eligibility, account servicing, and marketing, and this authorization remains valid as long as your account is active.
You agree and authorize that we may make any inquiries to assess your eligibility to use the services including of third parties. This includes your consent and instructions for Afterpay to obtain one or more credit reports or other consumer reports from consumer reporting agencies for use in determining your eligibility for an Afterpay or First Electronic Bank loan, reviewing and servicing your Afterpay Account, marketing Afterpay products or services to you, and for other permissible purposes under the Fair Credit Reporting Act. You agree that your consent and instructions apply as long as your Afterpay Account is open.
**6. Verification and Privacy**, paragraph 2 · Citation strength: strong
Cancellation and Renewal
These clauses describe conditions for account termination, cancellation, and renewal terms.
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Gotchas
These clauses contain terms that might be unfavorable or unexpected to users, often hidden in plain sight or written in complex language.
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Protections
These clauses highlight terms and conditions that are favorable to the user, providing benefits, rights, or safeguards.
Protection95% confidence confidence
Option to withdraw electronic communication consent
You may withdraw your consent to receive further records, disclosures and notices electronically at any time by sending an email to uslegal@afterpay.com with “Revoke Electronic Consent” in the subject line.
Why it helps: You have the right to revoke your consent to receive electronic communications, allowing you to opt for paper communications if preferred.
You may withdraw your consent to receive further records, disclosures and notices electronically at any time by sending an email to uslegal@afterpay.com with “Revoke Electronic Consent” in the subject line.
**(h) Open or use multiple Afterpay Accounts; or.**, paragraph 7 · Citation strength: strong
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