This page identifies the Affirm Terms of Service as last updated on July 28, 2026. The date marks the version analyzed here; the block does not state an effective time or whether any later version exists.
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Last Updated Jul 28, 2026
Qualifications & exceptions
Version marker only; the block states neither an effective time nor later changes.
Legal Rights & Agreement Rules · Restriction or exception
Using Affirm binds you to the Terms and incorporated policies
Accessing the Affirm website or using the Affirm Service is conditioned on agreeing to be bound by the Affirm Terms of Service, the Affirm E-Sign Consent Agreement, the Affirm Privacy Policy and Privacy Notice, and five bank privacy notices (Cross River, Celtic, Evolve, Lead and Stride). A user who does not agree is told not to access the site or use the service. The page states that headings are for reference only and recommends printing a copy of the Agreement.
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BY ACCESSING THE AFFIRM WEBSITE OR USING THE AFFIRM SERVICE, YOU AGREE TO BE BOUND BY THE
Qualifications & exceptions
Acceptance is a condition of accessing the website or using the Affirm Service.
Headings are stated to be for reference only.
Not stated here
The incorporated privacy policies and bank notices are separate documents not supplied here; their content and any additional terms are unknown.
Legal Rights & Agreement Rules · Context
Affirm, Inc. contracts with you; Bank Partner agreements control partner products
The Agreement is between you (including a business or non-natural person entity) and Affirm, Inc., including its subsidiaries, affiliates such as Affirm Loan Services, LLC and Affirm Payments, LLC, agents and assigns. It covers the website, Affirm apps, third-party sites used with an Affirm product, Additional Tools, other services including loans and savings accounts, and access to account information. If a product is offered through a Bank Partner, you enter an agreement with that Bank Partner, and that agreement — not this Agreement — controls for the associated Bank Partner product.
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These Terms of Service describe a contractual relationship
any agreement you enter into with a Bank Partner (and not this Agreement) will control with respect to the associated Bank Partner product
Qualifications & exceptions
The Bank Partner agreement controls only for the associated Bank Partner product.
Affirm may change the terms; continued use accepts posted changes
Affirm may unilaterally change the Agreement from time to time, but changes do not impose additional obligations on you for actions you took before the change became effective unless you specifically agree, for example by confirming a loan. You accept any changes by using the Affirm Services after they are posted. For changes Affirm deems material, it will make a reasonable effort to inform you, but you are responsible for reviewing the posted Agreement.
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Affirm may unilaterally decide to change this Agreement from time to time
YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING THE AFFIRM SERVICES AFTER CHANGES HAVE BEEN POSTED
Qualifications & exceptions
Changes do not apply retroactively to prior actions absent your specific agreement.
Notice of material changes is a reasonable-effort commitment, not a guarantee of receipt.
Legal Rights & Agreement Rules · Context
Website and app content is informational and may change
Information on the Affirm website and in Affirm Apps is for information purposes only. Affirm believes it reliable but makes no promise about its completeness, timeliness or accuracy, and the information and materials in the Website and this Agreement are subject to change without notice.
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Information on the Affirm website and in Affirm Apps is for information purposes only.
Affirm does not make any promises as to its completeness, timeliness or accuracy.
Qualifications & exceptions
The no-promise statement covers completeness, timeliness and accuracy.
Legal Rights & Agreement Rules · Context
Access may be unavailable for a broad list of causes
Access to the Services may be unavailable, delayed, limited or slowed due to: servers, networks, hardware or equipment failure (including your own computer); software failure including bugs, errors, viruses, configuration or compatibility problems, firewalls or unreadable code; system overload; severe weather, earthquakes, war, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disaster; power or utility interruption, strikes or labor stoppage; governmental or regulatory restrictions, exchange rulings, court orders or other human intervention; or any other cause beyond Affirm's control.
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Access to the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:
servers, networks, hardware failure (including your own computer)
software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
overload of system capacities;
damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Affirm.
Qualifications & exceptions
The final catch-all covers causes similar or dissimilar to the listed ones, limited to those beyond Affirm's control.
Legal Rights & Agreement Rules · Context
Third-party links are not controlled or endorsed
Links to non-Affirm websites are provided solely as pointers to information that may be useful. Affirm has no control over their content, makes no warranties about their accuracy, completeness, reliability, freedom from infringement claims or viruses, and does not guarantee the authenticity of internet documents. Following a link to a site not controlled by Affirm is at your own risk, and a link does not imply endorsement of or responsibility for what is offered there.
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Affirm has no control over the content on such non-Affirm websites.
If you choose to follow a link to a website not controlled by Affirm, you must do so at your own risk.
Qualifications & exceptions
The disclaimer covers sites linked from the Services, not Affirm's own content.
Legal Rights & Agreement Rules · Company commitment
Affirm does not endorse third-party statements about its products
Affirm does not create, control or endorse any statements made by third-party platforms or AI Tools about Affirm products.
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Affirm does not create, control, or endorse any statements made by third-party platforms or AI Tools about Affirm products.
Legal Rights & Agreement Rules · Restriction or exception
Prohibited: illegal activity, false information and others' identities
By using the Affirm Services, you agree not to engage in activities that violate law, statute, regulation or ordinance or breach this Agreement or another Affirm agreement or policy; not to provide false, inaccurate or misleading information; and not to provide information belonging to anyone other than yourself or use another person's account for yourself or on their behalf, unless you are applying for an authorized business-purpose loan.
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By using the Affirm Services, you agree that:
You will not engage in any activities related to the Services that violate any applicable law, statute, regulation, or ordinance or breach this Agreement or any other agreement or policy you have with Affirm;
You will not provide false, inaccurate or misleading information;
You will not provide information belonging to any person other than yourself or use an account that belongs to another person for yourself or on behalf of another person, unless you are applying for a business purpose loan and authorized;
Qualifications & exceptions
Using another person's account is permitted only for an authorized business-purpose loan application.
Legal Rights & Agreement Rules · Restriction or exception
Prohibited purchases: weapons, narcotics, currency and goods Affirm rejects
You agree not to use the Services to purchase ammunition, firearms, certain firearm parts or accessories, and certain regulated weapons or knives; narcotics, steroids, controlled substances, quasi-pharmaceuticals or drug paraphernalia; currency in any form, including virtual and digital currency; or any goods or services Affirm or its Bank Partners deem unacceptable in their sole discretion.
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You will not use the Services to purchase:
Ammunition, firearms, certain firearm parts or accessories, and certain weapons or knives regulated under applicable law;
Narcotics, steroids, controlled substances, quasi-pharmaceuticals, or drug paraphernalia;
Currency in any form, including virtual and digital currency;
Any goods or services deemed unacceptable by Affirm or its Bank Partner(s), in their sole discretion;
Qualifications & exceptions
The goods rejection ground leaves the assessment to Affirm or its Bank Partners in their sole discretion.
Legal Rights & Agreement Rules · Restriction or exception
Section 5 dispute terms do not apply to business-purpose loans
The dispute-resolution section does not apply to business-purpose loans. How Affirm resolves disputes for a business-purpose loan is set out in the Business Loan Agreement.
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This section of the Agreement does not apply to business purpose loans.
Qualifications & exceptions
The exclusion is limited to business-purpose loans.
Not stated here
The Business Loan Agreement is referenced but not supplied here; its dispute terms are unknown.
If a dispute arises between you and Affirm, Affirm's stated goal is a neutral and cost-effective resolution and it encourages you first to contact it through the Affirm Help Center to try resolving the problem directly. The Agreement then warns that the mandatory arbitration section affects your rights and should be read carefully before agreeing to the Terms by using the Affirm Service or website.
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we encourage you first to contact Affirm through the Affirm Help Center
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE AFFIRM SERVICE OR THE WEBSITE.
Qualifications & exceptions
Contacting Affirm first is encouraged, not stated as a precondition in this block.
Legal Rights & Agreement Rules · Restriction or exception
Most disputes go to binding individual arbitration, not court
Unless you are a covered borrower under the Military Lending Act and to the extent permitted by law, disputes or claims relating to your visit to the Website, use of the Affirm Services, an Affirm product, or the Agreement that cannot be resolved directly must be resolved by binding arbitration under the AAA Consumer Arbitration Rules rather than in court. The clause broadly covers contract, statute, tort, fraud, consumer-rights, misrepresentation and equity claims; initial, counter, cross and third-party claims; federal, state and local claims; and claims arising before the Agreement. The Federal Arbitration Act and federal arbitration law apply. There is no judge or jury, court review is limited, but the arbitrator can award the same individual damages and relief as a court and must follow the Agreement, limitations and privileges; the award is final and may be entered in a court. You understand that without consent to arbitration you would have the right to sue in court and have a jury trial. For a Bank Partner product, any agreement you enter into with that Bank Partner, not this Agreement, controls for that product.
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Unless you are a covered borrower as defined by the Military Lending Act, 10 U.S.C. § 987, and to the extent permitted by applicable law, except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Website, your use of the Affirm Services, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Affirm shall be resolved by binding arbitration under the Consumer Arbitration Rules ("the Consumer Rules") of the American Arbitration Association ("AAA"), rather than in court.
The Federal Arbitration Act ("FAA") and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would.
YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
any agreement you enter into with a Bank Partner (and not this Agreement) will control with respect to the associated Bank Partner product
Qualifications & exceptions
Covered borrowers under the Military Lending Act are excluded to the extent the Act requires.
Bank Partner agreements control for the associated Bank Partner product.
The arbitrator must apply applicable statutes of limitations and privilege rules.
Not stated here
The Military Lending Act is an external legal citation; its text is not supplied here.
has exception (model-proposed): Military Lending Act covered borrowers keep certain protections — The Military Lending Act carve-out removes the arbitration, limitation-of-liability, limitations and waiver-of-defenses provisions for covered borrowers to the extent the Act requires.
Either party may start arbitration; AAA rules and fee allocation apply
Either you or Affirm can initiate arbitration through AAA or by filing a motion to compel arbitration of claims filed in court. The party asserting the claim starts the proceeding. If AAA cannot serve, a court with jurisdiction selects an arbitrator who applies the specified AAA rules and Document Submission Procedures; arbitration is based solely on written submissions unless the arbitrator decides a telephonic or in-person conference or hearing is necessary. Filing fees are governed by the Consumer Rules, and Affirm pays all arbitration fees and expenses if the arbitrator determines you cannot afford them. Disputes about the validity, enforceability, coverage or scope of the arbitration section are for a court, while disputes about the Agreement as a whole are for the arbitrator.
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Either you or we can initiate arbitration through AAA, an alternative dispute resolution provider, or by filing a motion to compel arbitration of claims filed in court.
If it is determined by the arbitrator that you cannot afford such fees, Affirm will pay all arbitration fees and expenses.
Disputes or controversies about the validity, enforceability, coverage or scope of this Section or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about the Agreement as a whole are for an arbitrator and not a court to decide.
Qualifications & exceptions
Written submissions are the default; a hearing is exceptional and decided by the arbitrator.
Legal Rights & Agreement Rules · Restriction or exception
Class, consolidated and representative arbitration are waived
You and Affirm agree arbitration will be conducted only individually, not as a class, consolidated or representative action. No arbitration will be joined or consolidated with another; there is no right to arbitrate on a class-action or private-attorney-general basis or to use class procedures; and there is no representative action on behalf of the public or others. No arbitrator may award relief applying to anyone other than Affirm and you individually.
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You and Affirm each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action.
No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Affirm and/or you individually.
Qualifications & exceptions
The waiver is stated to apply to the fullest extent permitted by law.
Legal Rights & Agreement Rules · Restriction or exception
Jury waiver, IP carve-out, small-claims option and survival
If a claim proceeds in court rather than arbitration, both sides waive a jury trial. A party may still elect arbitration for a new party's claim or a later-asserted claim, even in litigation, and litigation does not waive arbitration rights. Disputes to enforce or protect intellectual-property rights, or concerning their validity, are not subject to binding arbitration. Individual claims may proceed in small claims court where available and within its jurisdictional limits; if the action is transferred, removed or appealed, arbitration can be elected. The section governs over inconsistent Consumer Rules or Agreement provisions, survives termination and bankruptcy to the extent consistent with bankruptcy law, and cannot be amended absent a signed writing. If any portion is invalid, the rest remains, except that a limited or void Class Action Waiver voids the section for that proceeding, subject to appeal, and no class action will be arbitrated.
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If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
You and Affirm each agree that any disputes seeking to enforce or protect, or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Section.
This Section shall survive termination of this Agreement and any bankruptcy by you, to the extent consistent with applicable bankruptcy law.
any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court's jurisdictional limits
Qualifications & exceptions
The IP carve-out covers disputes to enforce, protect or challenge the validity of intellectual-property rights.
The small-claims route depends on the forum's availability and jurisdictional limit.
Not stated here
Consumer Arbitration Rules and the AAA procedures are external documents not supplied here.
Legal Rights & Agreement Rules · User right or choice
You may opt out of arbitration within 30 days by signed written notice
To avoid the arbitration section, you must send Affirm a signed notice within 30 calendar days after you agree to be bound by the Agreement. The notice must be in writing and not electronically to Affirm, Inc., Attn. "Terms of Service Section 5 Opt Out", 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135, and must give your name, address and phone number and state that you opt out of Section 5 within the Affirm Terms of Service. Opting out does not affect other provisions and applies only to this Agreement, not other agreements with Affirm.
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RIGHT TO OPT OUT: If you do not want this Section to apply, you must send Affirm a signed notice within 30 calendar days after you agree to be bound by the Agreement as described above.
You must send the notice in writing (and not electronically) to Affirm, Inc. Attn. "Terms of Service Section 5 Opt Out", 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135.
Opting out of this Mandatory Arbitration provision will not affect the other provisions of this Agreement.
Qualifications & exceptions
The opt-out must be signed, written and sent within 30 calendar days.
The opt-out applies only to this Agreement.
Legal Rights & Agreement Rules · Context
Affirm operates the Services from the United States; other locations at your own initiative
Affirm operates and controls the Services from its U.S. offices and makes no representation that they are appropriate or available elsewhere. Information is not intended for distribution or use where doing so would be contrary to law or subject Affirm to a registration requirement. Users who access the Services from other locations do so on their own initiative and are solely responsible for local-law compliance to the extent it applies.
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Affirm operates and controls the Services from its offices in the United States.
those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws
Qualifications & exceptions
Local-law compliance is the responsibility of users accessing from outside the United States.
Legal Rights & Agreement Rules · Restriction or exception
Software is subject to U.S. export controls and denied-party restrictions
Software from the Services may be subject to U.S. export controls. It may not be downloaded, exported or re-exported into, or to a national or resident of, Cuba, Iraq, North Korea, Iran, Syria or another country to which the United States has embargoed goods, or to anyone on the Treasury Department's Specially Designated Nationals list or the Commerce Department's Table of Deny Orders. By downloading software, you represent and warrant that you are not located in, under the control of, or a national or resident of such a country or on such a list. The parties disclaim the Convention on Contracts for the International Sale of Goods.
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Software from the Services may be subject to United States export controls.
no software from the Services may be downloaded, exported or re-exported
Qualifications & exceptions
The restriction applies to software from the Services.
The country list is stated as examples of embargoed destinations, not an exhaustive list.
The Agreement is effective until either party terminates it. You may terminate by destroying all Service-related materials obtained from the Service, Affirm or another source and paying all amounts you owe, including fees or expenses incurred or imposed by Affirm, in full. The privileges granted terminate immediately and automatically without notice if Affirm, in its sole discretion, finds you failed to comply with any term. Course of conduct or trade practice does not modify the Agreement. You may not assign your obligations; Affirm may assign the Agreement and its rights and obligations to any party at any time without notice. No waiver of a breach is a waiver of a preceding or subsequent breach, headings have no legal import, and you must furnish documentation on request to verify compliance. The Agreement will not be construed against Affirm as drafter, and you waive defenses based on the electronic form of the Agreement and the lack of signing.
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This Agreement is effective until terminated by either party.
You may terminate this Agreement by destroying all Service-related materials obtained from the Service, Affirm or any other website or source and paying all amounts you owe (including any fees or expenses incurred or imposed by Affirm) in full.
You may not assign these obligations under the Agreement, but Affirm may assign this Agreement and its rights and obligations hereunder to any party at any time without any notice to you.
The section headings used herein are for convenience only and shall not be given any legal import.
Qualifications & exceptions
Affirm may terminate privileges immediately and automatically without notice on a compliance failure it determines in its sole discretion.
Affirm may assign without notice; you may not assign.
Legal Rights & Agreement Rules · Restriction or exception
Affirm is not liable when notices fail for reasons it did not cause
Affirm is not responsible for delay or failure in your receipt of a Disclosure, text message or email notice that it did not cause by failing to send the notice to the phone number or email address you provided. It does not assume liability for non-receipt when your contact information is invalid, your provider filters the notification as spam or junk, your device, browser, internet service, connectivity or software malfunctions, or for other reasons beyond its control.
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You agree that Affirm is not responsible for any delay or failure in your receipt of any Disclosure, text message, or email notice that is not caused by Affirm's failure to send such a Disclosure or notice to the phone number or email address you have provided to us.
Qualifications & exceptions
The disclaimer is conditioned on Affirm not causing the failure.
Legal Rights & Agreement Rules · Context
Delaware law governs; entire agreement and severability
Affirm's failure to exercise or enforce a right is not a waiver. The Terms are the entire agreement about your use of the Affirm Services and supersede previous Terms. You cannot change or modify the Agreement except as Affirm posts changes on the Services. Except as provided in the arbitration section, an unenforceable provision is replaced by the enforceable term closest to its intent and the remaining provisions stay enforceable, and Delaware law governs access to and use of the Services and the Agreement.
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The failure of Affirm to exercise or enforce any right or provision of the terms in this Agreement does not constitute a waiver of such right or provision.
These Terms of Service constitute the entire agreement between you and Affirm with regard to your use of the Affirm Services and any previous Terms of Service that may exist between you and Affirm is hereby superseded.
Except as provided in Section 5 (Mandatory Arbitration) the laws of the State of Delaware govern your access to, and use of, the Services and the terms of this Agreement.
Qualifications & exceptions
Delaware law applies except as provided in the arbitration section.
Legal Rights & Agreement Rules · Restriction or exception
You indemnify Affirm for liability related to your use
You agree to indemnify, defend and hold Affirm and its Affiliates harmless from any liability, including reasonable attorneys' fees, related to your use of the Services or any violation of these Terms of Service.
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You agree to indemnify, defend and hold Affirm and its Affiliates harmless from any liability, including reasonable attorneys' fees, related to your use of the Services or any violation of these Terms of Service.
Qualifications & exceptions
The indemnity covers liability related to use of the Services or a violation of the Terms.
Legal Rights & Agreement Rules · Restriction or exception
Affirm disclaims warranties for the Services and content
Affirm and its affiliates make no commitments or warranties about the content, reliability or availability of the Services, security of sensitive-information transmission, or the accuracy, reliability or completeness of website, app or service content. They disclaim all warranties, including non-infringement, merchantability and fitness for a particular purpose, and are not responsible for service interruptions, including system failures or other interruptions affecting the receipt, processing, acceptance, completion or settlement of payment transactions.
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AFFIRM AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR (ii) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE, APP OR SERVICES.
AFFIRM AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Qualifications & exceptions
The disclaimer is stated without limitation and covers payment-transaction interruptions.
Legal Rights & Agreement Rules · Restriction or exception
Affirm disclaims liability for damages from use of the Services
Affirm and its affiliates have no liability for your use of any product available from or through the Website or the Services. They are not liable for compensatory, direct, indirect, special, incidental or consequential damages, including lost business, lost profits or litigation, whether based on contract, warranty, tort, product liability or otherwise, nor for third-party claims, even if advised of the possibility. The source states the Services would not be provided without these limitations, that no oral or written advice creates a warranty or guarantee not stated in the Agreement, and that neither Affirm nor its affiliates is liable for failure or delay from conditions beyond its reasonable control.
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AFFIRM AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE SERVICES.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, AFFIRM AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE AFFIRM AND ITS AFFILIATES LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS.
Qualifications & exceptions
The limitation is stated as a condition of providing the Services.
It extends to third-party claims even if the possibility was disclosed.
Legal Rights & Agreement Rules · Restriction or exception
Claims must be filed within one year
You and Affirm both agree that, regardless of any contrary statute or law, any claim or cause of action arising out of or related to use of the Services, Terms of Service or Privacy Policy must be filed within one year after it arose or is forever barred.
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You and Affirm both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms of Service or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
Qualifications & exceptions
The one-year period applies regardless of any contrary statute or law, by the terms of this block.
Legal Rights & Agreement Rules · Context
No third-party beneficiaries
The Agreement is between you and Affirm. No user has rights to force Affirm to enforce rights it may have against you or another user.
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This Agreement is between you and Affirm. No user has any rights to force Affirm to enforce any rights it may have against you or any other user.
Legal Rights & Agreement Rules · Restriction or exception
Government use is governed by federal acquisition rules
If you are part of a U.S. Government agency, department or entity, use, duplication, reproduction, release, modification, disclosure or transfer of Affirm's products or Services is restricted under the Federal Acquisition Regulations for civilian agencies and the Defense Federal Acquisition Regulation Supplement for military agencies. The Service and related software are a "commercial item," "commercial computer software" and "commercial computer software documentation," and Government use is governed solely by these Terms.
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If you are a part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies.
Qualifications & exceptions
The clause applies only to U.S. Government users.
Legal Rights & Agreement Rules · Restriction or exception
Military Lending Act covered borrowers keep certain protections
Notwithstanding other provisions, Sections 5 (Mandatory Arbitration), 6.7 (Limitations of Liability), 6.8 (Statute of Limitations), and the waiver-of-defenses provision of Section 6.1 do not apply to a "covered borrower" under the Military Lending Act as defined in 32 C.F.R. § 232.3(g). Nothing in the Agreement applies to a covered borrower to the extent inconsistent with the Military Lending Act. The source's parenthetical labels do not align with the printed subsection order: counting the Section 6 subsections, 6.7 is the warranty disclaimer and 6.8 is the limitation of liability; the named provisions, not the numbers, identify the carve-out.
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Notwithstanding any other provision of this Agreement, Sections 5 (Mandatory Arbitration), 6.7 (Limitations of Liability), and 6.8 (Statute of Limitations), and the waiver of defenses provision of Section 6.1 shall not apply to a "covered borrower" under the Military Lending Act, as defined in 32 C.F.R. § 232.3(g).
Furthermore, nothing in this Agreement shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.
Qualifications & exceptions
Applies only to a covered borrower as defined by the Military Lending Act.
The source's 6.7 and 6.8 parenthetical labels are inconsistent with the printed subsection order; the named provisions govern.
Not stated here
The Military Lending Act and 32 C.F.R. § 232.3(g) are external legal citations; their text is not supplied here.
Cross-references
exception to (model-proposed): Most disputes go to binding individual arbitration, not court — The Military Lending Act carve-out removes the arbitration, limitation-of-liability, limitations and waiver-of-defenses provisions for covered borrowers to the extent the Act requires.
Legal Rights & Agreement Rules · Restriction or exception
Business Loan Agreement controls conflicts for business-purpose loans
In the event of a conflict between the Terms and the Business Loan Agreement, the Business Loan Agreement controls.
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In the event of a conflict between this Agreement and the Business Loan Agreement, the Business Loan Agreement will control.
Qualifications & exceptions
The precedence is limited to conflicts with the Business Loan Agreement.
Not stated here
The Business Loan Agreement is referenced but not supplied here; its terms are unknown.
Heter Iska applies to users subject to the Ribbis prohibition
Affirm provides a Heter Iska Agreement. If you are subject to the prohibition of Ribbis, you acknowledge that you have read, understand, accept and can comply with the Heter Iska Agreement, and you agree that any funding in conflict with the prohibition of Ribbis is deemed an Iska as defined by that agreement.
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If you are subject to the prohibition of Ribbis, you acknowledge that you have read, understand and accept and can comply with the Heter Iska Agreement.
Qualifications & exceptions
The acknowledgment applies to users subject to the prohibition of Ribbis.
Not stated here
The linked Heter Iska Agreement is not supplied here; its terms are unknown.
Legal Rights & Agreement Rules · Restriction or exception
Affirm is not responsible for the wallet, which is provided as is
Affirm is not the Digital Wallet provider, does not provide the wallet service, and is not responsible for any wallet failure or inability to use the wallet for a transaction. You expressly acknowledge that wallet use is at your sole risk; to the fullest extent permitted by law, any Digital Wallet is provided "as is" and "as available," with all defects and without warranty, and Affirm disclaims all warranties and conditions.
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We are not the provider of the Digital Wallet, and we are not responsible for providing the Digital Wallet service to you.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF DIGITAL WALLET IS AT YOUR SOLE RISK.
Qualifications & exceptions
The disclaimer covers the wallet service, not the underlying Card agreement.
Legal Rights & Agreement Rules · Context
E-Sign consent governs legally required disclosures from Affirm and Partner Banks
Affirm and the named Partner Banks (Celtic Bank, Cross River Bank, Evolve Bank & Trust, Lead Bank and Stride Bank, N.A.) are required by law to provide certain disclosures in writing. Without your consent, Affirm and each Partner Bank are not permitted to provide these disclosures to you online.
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are required by law to provide you with certain disclosures in writing.
Without your consent, Affirm and each Partner Bank are not permitted to provide these disclosures to you online.
Qualifications & exceptions
The rule applies to the named Affirm entities and Partner Banks.
Online delivery of legally required disclosures depends on consent.
Not stated here
The bank privacy notices and other incorporated documents are separate texts not supplied here.
Legal Rights & Agreement Rules · Context
Disclosures include agreements, statements, tax forms and legally required notices
"Disclosures" include, but are not limited to: agreements and policies required to use the Affirm Services, such as the Terms, the Privacy Policy, Partner and Partner Bank privacy policies, and Loan Agreements; payment authorizations and transaction receipts or confirmations; account statements, billing statements and account histories; tax statements and related communications, including forms 1099-INT, 1099-B and 1099-MISC; and any other legally required disclosures about your rights and obligations relating to the Affirm Services.
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Supporting quotations
"Disclosures" include, but are not limited to (1) agreements and policies required to use the Affirm Services (e.g., these Affirm Terms, the Affirm Privacy Policy and each Partner and Partner Bank Privacy Policy, and Loan Agreements); (2) payment authorizations and transaction receipts or confirmations; (3) account statements, billing statements, and account histories; (4) all tax statements and related communications, including but not limited to forms 1099-INT, 1099-B and 1099-MISC; and (5) any other disclosures required by law regarding your legal rights and obligations relating to the Affirm Services.
Qualifications & exceptions
The list is expressly non-exhaustive.
Not stated here
The referenced privacy policies and Loan Agreements are separate documents not supplied here.
Legal Rights & Agreement Rules · Company practice
Affirm chooses electronic delivery methods and may notify you
Affirm and any Affirm Partner may provide any or all Disclosures electronically on the Affirm Website or in an Affirm App, through a hyperlink there, or at its sole discretion to the email address or mobile number you provided, directly or via the merchant, or by making them accessible via its websites or applications. Affirm and/or an Affirm Partner may, but need not, notify you by email or text when Disclosures are available and how to view them; Disclosures will be provided in a format that can be retained, printed or downloaded.
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Supporting quotations
Electronic delivery of communications
Affirm and any Affirm Partner may provide any or all Disclosures either electronically on the Affirm Website or in any Affirm App, through a hyperlink provided on the Affirm Website or in any Affirm App, and, at its sole discretion electronically to the email address or mobile telephone number that you have provided to us, either directly or indirectly via the merchant to whom Affirm or the Affirm Partner will send funds, or by making them accessible via our websites or applications.
Affirm and/or an Affirm Partner may, but is not required to, notify you via email or text message when the Disclosures are available and how to view them, either via the hyperlink, email, or other electronic method described herein.
Qualifications & exceptions
Notice of availability is optional, not required.
Delivery may be by website, app, hyperlink, email or mobile number.
Legal Rights & Agreement Rules · Permission or license
Electronic signature and consent have the same effect as paper
By providing consent, you agree to the electronic-delivery terms that follow. Your electronic signature on agreements and documents has the same effect as an ink signature. Your Consent applies to any transaction undertaken through the Affirm Services in the past, to all future disclosures and communications on your account, to all future transactions using the Services, at any time, to any transaction with Affirm, and to other Disclosures provided by email. Disclosures provided electronically have the same meaning and effect as paper, regardless of whether you actually view them.
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Supporting quotations
By providing your consent as set forth below ("Consent"), you agree to the following:
Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
Your Consent applies to any transaction undertaken through the Affirm Services in the past, to all future disclosures and communications on your account, to all future transactions in which you use the Affirm Services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
Your Consent means that Disclosures Affirm and any the Affirm Partner provides to you electronically shall have the same meaning and effect as if provided in paper form, regardless of whether you actually view those Disclosures.
Qualifications & exceptions
The consent is prospective and retroactive in the respects listed.
Effect does not depend on actually viewing the Disclosures.
Cross-references
qualified by (model-proposed): Withdrawing E-Sign consent: written request and possible account limits — The consent scope card describes the effect of consent; the withdrawal card limits that effect by allowing withdrawal after reasonable processing without affecting prior electronic Disclosures.
Legal Rights & Agreement Rules · Procedure
Minimum hardware and software needed to receive electronic disclosures
To view or retain Disclosures you need: a computer or mobile device with internet or mobile connectivity able to run the required software; for website disclosures on a computer, a current operating system and browser (Windows 7 or higher with Edge, Chrome or Firefox; Mac OSX with Safari, Chrome or Firefox); for mobile app or website disclosures, a current mobile operating system and browser (Apple: current or one prior iOS; Android: current or one prior Android) and the most current Affirm App; a current PDF reader; a valid email address, with affirm.com allowed through any spam filter; a working mobile number able to receive texts; and sufficient storage to save Disclosures or the ability to print them.
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Supporting quotations
You understand that, in order to view and/or retain copies of the Disclosures, you will need the following hardware and software:
A computer or mobile device with an Internet connection or mobile connectivity and the ability to download and run the software described in this Section 2;
For website-based Disclosures accessed by computer, the computer must have a current operating system and web browser (PCs should be running Windows 7 or higher and Microsoft Edge, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox);
For Disclosures accessed by mobile application or mobile website, the mobile device must have a current operating system and web browser (for Apple devices, the most current version of iOS or one prior, and for Android devices, the most current version of the Android operating system or one prior), and the most current version of the Affirm App(s) through which you access or use the Affirm Services;
A current version of a program that accurately reads and displays PDF files (e.g., Adobe Acrobat Reader);
A valid email address, and, if you use a spam filter that blocks or re-routes emails from senders not listed in your address book, you must permit messages from the affirm.com domain in your spam filter;
A working mobile telephone number that can receive text messages; and
Sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.
Qualifications & exceptions
These are stated as the minimum requirements for viewing or retaining Disclosures.
Legal Rights & Agreement Rules · Company commitment
Hardware or software changes are noticed; continued use reaffirms consent
Affirm will notify you if its hardware or software requirements change and whether the change creates a material risk that you could not access or retain electronic Disclosures. Continuing to use the Affirm Services after receiving notice of the change reaffirms your Consent.
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Supporting quotations
We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic Disclosures.
Qualifications & exceptions
The notice duty is tied to a change in hardware or software requirements.
Legal Rights & Agreement Rules · User right or choice
Withdrawing E-Sign consent: written request and possible account limits
You may withdraw Consent at any time by sending a written request to Affirm, Inc., Attn: Electronic Communications Delivery Policy, 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135. Withdrawal is effective after a reasonable period for processing. The legal effectiveness, validity and enforceability of electronic Disclosures sent before the withdrawal takes effect are unaffected. Affirm may close or limit access to your account and the Services if you withdraw, and you agree to pay amounts owed to Affirm or the Partner Bank even if it does.
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Supporting quotations
You are free to withdraw your Consent at any time.
Any withdrawal of your Consent will be effective after a reasonable period of time for processing your request.
If you withdraw your Consent, Affirm may close or limit access to your account and the Affirm Services.
You agree to pay any amount owed to Affirm and/or the Partner Bank even if you withdraw your Consent and we close or limit access to your account.
Qualifications & exceptions
Withdrawal is not immediate; it takes effect after reasonable processing.
Withdrawal may lead Affirm to close or limit account access.
Not stated here
The source does not state a fixed processing period for a withdrawal request.
Cross-references
qualifies (model-proposed): Electronic signature and consent have the same effect as paper — The consent scope card describes the effect of consent; the withdrawal card limits that effect by allowing withdrawal after reasonable processing without affecting prior electronic Disclosures.
Legal Rights & Agreement Rules · Procedure
Paper copies are available free within a reasonable time
Affirm may modify or change the disclosure methods described and Affirm or the Partner Bank may send paper Disclosures at its option. You can obtain a paper copy of an electronic Disclosure at no charge if you request it within a reasonable time after Affirm first provided the electronic Disclosure, by contacting Customer Care at (855) 423-3729.
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Supporting quotations
You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you.
Affirm may modify or change the methods of disclosure described herein, and that Affirm and/or the Partner Bank may send you Disclosures in paper form at its option.
Qualifications & exceptions
The free paper copy is available on request within a reasonable time after the electronic Disclosure.
Not stated here
The source does not define what counts as a reasonable time for the request.
Legal Rights & Agreement Rules · Procedure
You must keep contact information current; Affirm is not liable for misdirected notices
You must notify Affirm of changes to your primary email address, phone number or other contact information so Affirm can communicate electronically. Affirm is not responsible for delay or failure in your receipt of a Disclosure, text or email notice that it did not cause by failing to send to the number or address you provided, and does not assume liability when your contact information is invalid, your provider filters the message as spam or junk, your device, browser, service, connectivity or software malfunctions, or for other reasons beyond its control. You must provide true, accurate and complete contact information and update changes promptly by contacting Customer Care at (855) 423-3729.
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Supporting quotations
You agree that it is your responsibility to notify Affirm of any changes to your primary email address, phone number, or any other contact information so that Affirm can communicate with you electronically.
We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.
It is your responsibility to provide us with true, accurate and complete mobile number, e-mail address, contact, and other information related to the Affirm Services, and to maintain and update promptly any changes in this information.
Qualifications & exceptions
The non-receipt disclaimer is conditioned on Affirm not causing the failure.
Update requests are directed to Customer Care at (855) 423-3729.
Legal Rights & Agreement Rules · Procedure
Clicking "Create Account" is your electronic signature and consent
Before using the Affirm Services, you are asked to agree to the Affirm Terms of Service, including the E-Sign Consent Agreement, by clicking "Create Account." That action constitutes your electronic signature and manifests your Consent and agreement to the E-Sign Consent Agreement. If you do not provide Consent, you may not use the Affirm Services and must stop using them immediately.
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Supporting quotations
Before using the Affirm Services, you will be asked for your agreement to the Affirm Terms of Service, including this Affirm E-Sign Consent Agreement, by clicking "Create Account."
If you do not provide your Consent, you may not use the Affirm Services and must discontinue your use of the Affirm Services immediately.
Qualifications & exceptions
Consent is a condition of using the Services.
Legal Rights & Agreement Rules · Restriction or exception
E-Sign disclosures are governed by E-Sign consent, not this communications clause
This block carves out Disclosures governed by the Affirm E-Sign Consent: their delivery is governed by your consent to, or withdrawal of consent from, receiving those Disclosures electronically, notwithstanding the broader communications consent in this section.
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Supporting quotations
Notwithstanding this provision, Affirm's delivery of any Disclosures governed by the Affirm E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.
Qualifications & exceptions
The carve-out covers Disclosures governed by the E-Sign Consent only.
Tools are informational only, not financial, legal or tax advice
Financial information provided through the tools is for informational purposes only and is not a substitute for individualized professional advice. Affirm states it is not a credit repair or credit services organization under federal or state law, does not provide credit services or repair, and makes no representation that it will improve your credit record, history or rating. The tools are not intended to provide financial, legal or tax advice, and Affirm is not a financial planner, broker or tax advisor. You should consider professional advice before financial decisions.
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Supporting quotations
Financial information provided through the tools is provided for informational purposes only and is not a substitute for individualized professional advice.
We are not a credit repair or credit services organization as defined under federal or state law
The tools are not intended to provide financial, legal or tax advice
Qualifications & exceptions
The disclaimer does not limit the separate account, loan or privacy terms.
Legal Rights & Agreement Rules · Restriction or exception
Tools are provided "as is" without warranty
Use of the tools is at your sole risk. Information provided through the tools is on an "as is" and "as available" basis for informational purposes only, and Affirm makes no warranty that the tools will meet your requirements or expectations or be uninterrupted, timely, secure, accurate or reliable.
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Supporting quotations
YOUR USE OF THE TOOLS IS AT YOUR SOLE RISK.
WE MAKE NO WARRANTY THAT THE TOOLS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR RELIABLE.
Qualifications & exceptions
The disclaimer covers the tools specifically, not the Services as a whole.