Afterpay
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Source provenance
Verified official sourceWhat changedMaterial language shifts detected around cancel, arbitration, class action, personal data. 106 new line(s), 106 removed line(s).
Snapshot hash 91a0efca485358a7070a4ce1eeaf62cf51c46b71625e178518cda52f130f38f6
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Plain-English summary
This Afterpay Terms of Service agreement includes a mandatory arbitration clause and class action waiver, which means you cannot sue Afterpay in court for most disputes and cannot participate in class action lawsuits (risk_flags-0001, risk_flags-0002). Afterpay can transfer the agreement to a third party without your notice or consent (risk_flags-0003), and can suspend or close your account if they cannot verify your identity or if you withdraw consent to electronic communications (risk_flags-0004, risk_flags-0005). If you use Afterpay's AI products, you grant them a broad, perpetual license to your AI-generated content (risk_flags-0006). Additionally, Afterpay's liability to you is generally capped at $500 or the amount of an affected order (risk_flags-0007).
88% confidence
Critical issues and material risks to the user, backed by source text. This section is the highest-priority. It is a concise summary of the most important concerns to be aware of. All findings in this section are rated as high severity.
Your claims cannot be brought as a class action.
Why it matters: You cannot participate in a class action lawsuit against Afterpay.
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.
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: Afterpay can transfer their rights and obligations under this agreement to another company without informing you or asking for your permission.
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.
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.
Account termination without notice
Why it matters: If you withdraw your consent to electronic communications, Afterpay may restrict, deactivate, or close your account, which could lead to loss of access to services.
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.
You grant Afterpay 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 gets a broad, perpetual, and irrevocable license to use, modify, and distribute your AI-generated content for various purposes, including promotion.
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.
The aggregate liability of Afterpay and its affiliates and suppliers to you for all claims arising out of or related to this Agreement or your use or inability to use the Services will not exceed the greater of the amount of any affected order(s) giving rise to such damages, or five hundred U.S. dollars ($500.00), unless required by applicable law in cases involving personal injury.
Why it matters: Afterpay's liability to you is capped at a maximum of $500 or the amount of the affected order, which could limit your ability to recover significant damages in most cases.
You agree that if any lawsuit or court proceeding is permitted under this Agreement, the aggregate liability of us and our affiliates and suppliers to you for all claims arising out of or related to this Agreement or your use or inability to use the Services will not (other than as may be required by applicable law in cases involving personal injury) exceed the greater of: (a) the amount of any affected order(s) giving rise to such damages, or (b) the amount of five hundred U.S. dollars ($500.00).
This section outlines how your data is collected, used, and shared.
You agree and authorize Afterpay to obtain one or more credit reports or other consumer reports from consumer reporting agencies to determine your eligibility for a loan, review and service your account, market products or services to you, and for other permissible purposes under the Fair Credit Reporting Act.
Why it matters: Afterpay can access your credit and consumer reports for multiple purposes, including marketing, which could affect your credit score or expose your financial information.
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.
Afterpay may share your data with select third party service providers engaged to enable functionality within AI Products, and these third parties may use your data to improve their services, including any personal data you choose to include within such Input.
Why it matters: Third-party service providers who receive your data from Afterpay may use it to improve their own services, which could involve secondary uses beyond the original purpose.
We may also share your data with select third party service providers we engage to enable functionality within AI Products and they may also use your data to improve their services. This may include any personal data you choose to include within such Input and you acknowledge that our Privacy Policy applies to the handling of such personal data.
This section covers how you can cancel services, and how renewals are handled.
If you owe any payment or amount to Afterpay, Afterpay will not close or deactivate your Account until that payment or amount due has been made.
Why it matters: You cannot close or deactivate your account if you have outstanding payments or amounts due to Afterpay.
If you owe any payment or amount to Afterpay, Afterpay will not close or deactivate your Account until that payment or amount due has been made, but we may limit your ability to make additional transactions using your Account.
This section highlights less obvious terms that could be unfavorable to you.
Afterpay does 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. Afterpay takes no responsibility and assumes no liability for any Content, including any omissions, errors, loss or damage to any of the AI Content.
Why it matters: Afterpay is not responsible for the accuracy or legality of content generated by its AI products, meaning you bear the risk if the output is incorrect, incomplete, or infringes on third-party rights.
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.
The services are provided “as is” without representation or warranty, whether it is express, implied, or statutory. Afterpay specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Why it matters: The services are provided without any guarantees of quality, fitness for a specific purpose, or non-infringement, meaning Afterpay is not responsible if the services do not meet your expectations or cause issues.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, AFTERPAY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
This section outlines explicit commitments Afterpay makes to protect its users.
You have a right to opt out of the binding arbitration and class action waiver provisions as described in Section 13 (“Dispute Resolution”) below.
Why it helps: You can choose to opt out of mandatory arbitration and class action waiver provisions, preserving your right to resolve disputes through traditional court proceedings.
YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED in Section 13 (“Dispute Resolution”) below.
You may deactivate your Account which means you won't be able to use your Account for new purchases but you will still have access to your profile, purchase history and your Account information via the mobile app and web portal.
Why it helps: You have the option to deactivate your account, which prevents new purchases while still allowing you to access your profile and purchase history.
Alternatively, you may deactivate your Account which means you won't be able to use your Account for new purchases but you will still have access to your profile, purchase history and your Account information via the mobile app and web portal.
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