Professional Service Terms

Last Updated: February 27, 2026

These Professional Service Terms apply where Merchant offers, directly or through a platform or marketplace, the provision of Services for any Merchant Product that requires extended analysis, the exercise of discretion and independent judgment, or the application of an advanced, specialized type of knowledge, certifications, expertise, or training customarily acquired either by a prolonged course of study or equivalent experience in the field, including professional, healthcare, education, home improvement or other regulated services (such Merchant Products, “Professional Services”). Capitalized terms not defined herein have the meaning given to them in the Agreement. In the event of a conflict, between these terms and the Agreement, these terms will control solely with respect to Professional Services.

1. Professional Oversight. Merchant will require each Merchant Personnel who offers or seeks to offer the Services in connection with its provision of a Professional Service (each, a “Professional”) complies with the Agreement as if such Professional were Merchant. Merchant is liable for any Professional’s actions or omissions related to the offering and marketing of the Services.

2. Billing Amount Changes. Merchant is responsible for addressing any changes to the amount owed by a Customer following the completion of the Professional Service (“Billing Amount Change”), including issuing a refund to the Customer or, if applicable, coordinating with the relevant Professional to collect any additional amount owed. If a Billing Amount Change results in an increase that exceeds the amount financed through the Services, Merchant will provide the Customer the option to pay the difference through an alternative payment method or a new use of the Services (if permissible). If a Billing Amount Change results in a decrease such that the amount financed through the Services exceeds the final sale price of the Merchant Product, Merchant will promptly refund the Customer the excess amount.

3. Due Diligence. Prior to any Professional’s onboarding, offering and use of the Services, Merchant will conduct and maintain reasonable due diligence in accordance with requirements provided by Affirm, as updated from time to time. Merchant will promptly notify Affirm at aml@affirm.com of any material changes to a Professional’s information (including, but not limited to, a change in legal name, social security number, address, beneficial ownership and PEP and sanctions status).

4. Compliance Matters. Merchant will notify Affirm at MarketingCompliance@affirm.com within 14 calendar days of becoming aware of a Customer, Professional or other third party complaint related to the Services (“Compliance Matter”). Merchant will work in good faith with Affirm to resolve and will promptly comply with Affirm’s reasonable requests with respect to a Compliance Matter.

5. Suspension and Termination. Affirm may, in its sole discretion, suspend or terminate Professional’s access to the Services or a specific Professional Service upon written notice if (a) any Professional fails to comply with these Professional Service Terms or the Home Improvement - Platform Partner Marketing Enablement; or (b) Affirm reasonably determines continued participation poses risk or regulatory concern.

6. Indemnification. In addition to the indemnification obligations in the Agreement, Merchant will defend, indemnify, and hold harmless Affirm and its affiliates from all losses or claims arising from (a) malpractice or professional negligence by any Professional; (b) violations of law or professional licensing requirements; (c) any Security Incident or misuse of confidential or regulated information, in each case, by a Professional or Healthcare Provider; (d) any consumer complaint relating to Merchant and/or Professional or (e) any transaction, contract, or relationship between Merchant and/or Professional and any third party, including Customers.

7. Industry-Specific Terms. Merchant will comply with applicable industry-specific terms herein.

(a) U.S. Education Services. If Merchant offers education-related services in the U.S., or Merchant provides a platform or marketplace for education providers in the U.S., Merchant represents and warrants that (a) it is not an Institution of Higher Education; and (b) it would not qualify as an Institution of Higher Education even if it was to become accredited by an accrediting agency recognized by the U.S. Department of Higher Education.

(b) Legal Services. If Merchant offers legal services or Merchant provides a platform or marketplace for legal service providers, (a) Merchant will not send Affirm or its bank partners any attorney-client privileged information; and (b) the Services may not be used to finance a Professional’s retainer, unless otherwise agreed to by Affirm. 

(c) Home Improvement Services. “Home Improvement Services” means Professional Services performed in relation to the repair, renovation, remodeling, improvement or maintenance of a consumer residence (each, a “Project”), including associated labor, materials, and installation services. If Merchant offers Home Improvement Services or Merchant provides a platform or marketplace for Professionals who provide Home Improvement Services to Customers, the provisions of this Section will apply.

(i) Applicable Law. Merchant and Professionals will comply with all applicable federal, state, and local laws and regulations, including but not limited to, laws governing home solicitation sales, consumer cancellation and rescission rights, and any required cooling-off or cancellation periods, as applicable.

(ii) In-Home Marketing Enablement. If Merchant wishes to participate in the In-Home Marketing Enablement, or to enable Professionals via a platform or marketplace to do so, Merchant will (i) obtain Affirm's prior written approval, and (ii) use only the applicable Affirm-provided materials. “In-Home Marketing Enablement” means a program created by Affirm that enables Merchants to disclose the availability of Affirm as a payment method option for Home Improvement Services In-Home using Affirm provided informational materials. “In-Home” means a place other than Merchant’s or the applicable Professional’s usual place of business, including but not limited to a Customer’s home or workplace, dormitory lounges or at facilities rented on a temporary or short-term basis, such as hotel or motel rooms, convention centers, fairgrounds, and restaurants. Merchant will monitor the activities of Professionals with respect to their participation in any In-Home Marketing Enablement, including but not limited to, establishing and maintaining a process to monitor and prevent any fraudulent activities, including any attempts by Professionals to commit fraud, overcharge a Customer, or submit fake credit applications.

(iii) Project Requirements. Merchant will only make Affirm’s Services available to Customers for Projects the Customer acknowledges as complete.

(iv) Liens. Merchant will not threaten imposing a lien on Customer for any transaction in which Customer has used the Services.

(v) SMS Marketing. In the United States Territory, and subject to Affirm’s approval, if Merchant and Affirm agree to include marketing assets or references in text messages (SMS), Merchant is required to comply with all applicable federal and state laws, including but not limited to the Telephone Consumer Protection Act and the Telemarketing States Rule.

(d) Healthcare Services. If Merchant, or its platform or marketplace users, provides services (a) constituting the practice of medicine or dentistry, or (b) within the scope of practice of any medical, dental, veterinary or other healthcare provider for which an individual must obtain a professional license in order to perform or be supervised by a licensed professional the following will apply:

(i) Merchant Obligations. Merchant will not (a) market the Services to any Customer who (X) has been administered or is under the influence of general anesthesia, conscious sedation, or nitrous oxide, or who is compromised rationally or otherwise unable to provide informed consent, or (Y) in any treatment area, including, but not limited to, an exam room, surgical room, or other area where medical treatment is administered, unless the patient agrees to fill out and sign the application to arrange for or establish credit or a loan in the treatment area, provided that any such agreement is not in violation of this Section; or (b) utilize any autodialer, prerecorded or artificial voice message, or otherwise initiate any calls or text messages to consumers promoting or otherwise relating to the Services.

(ii) Booking Fees. Merchant is responsible for any booking fee that it charges Customers and will ensure that no payment between Merchant, Affirm, Customers, or Professionals will be structured to reflect the volume or value of, or be intended to generate, referrals.

(iii) Supplemental U.S. Healthcare Terms. In the United States Territory, the Services may not be used for any Schedules I through V drugs, substances, and certain chemicals as set forth in the DEA controlled substance schedule located at https://www.dea.gov/drug-information/drug-scheduling.

(iv) Supplemental Canada Healthcare Terms. In the Canada Territory, the Services (a) may not be used for Healthcare Services reimbursed by public health insurance programs, and (b) must only be offered for full out-of-pocket payment. As applicable to the Canada Territory, no part of the Merchant Agreement shall be construed or applied (X) as inducement or encouragement for the referral of patients or the purchase of healthcare goods or services except in compliance with Applicable Law, or (Y) to impact the independent and professional judgment of Merchant or Healthcare Provider, as applicable. No payment under the Merchant Agreement is intended to constitute remuneration in return for the referral of patients or the ordering of Healthcare Services from Merchant.

(v) Health Data. Customer data shared under the Agreement will not include (a) protected health information, personal health information, or any similar health-related personal data as defined under Applicable Law (“Health Data”), or (b) any information that would cause Affirm to be classified as a Business Associate under the Health Insurance Portability and Accountability Act of 1996, health information custodian, processor of health data, or any similar designation under Applicable Law, or otherwise subject Affirm to health information privacy laws. Any unsolicited Health Data sent to Affirm by either Merchant, a Healthcare Provider, or a Customer will be disregarded and/or destroyed by Affirm.