Terms of Service
last updated February 5, 2014
1. What are you agreeing to?
1.4. Your Eligibility. To be eligible to use the Services, you must be at least 18 years old and a resident of the United States (excluding overseas territories and APO/FPO/DPO). You represent and warrant that you are eligible to use the Services.
1.5. Your Privacy. Affirm may use, disclose and transfer any information that you provide through use of the Services in a manner consistent with the
processing of such information to, or through, any country in the world, as we deem necessary or appropriate. Use of the Services may be monitored, tracked
and recorded. Anyone using the Services expressly consents to such monitoring, tracking and recording.
1.6. The Privacy of Others. You agree not to disclose information of other users that you may obtain through your use of the Services to third parties or use the information for marketing purposes without the user's consent. You agree to only use another user's information in connection with the Services.
1.7. Intellectual Property. All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Affirm or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.
1.8. Trademark. "Affirm" is the marketing name for certain financial services activities of Affirm as operator of the Services. "Affirm" is a trademark Affirm. Other featured words or symbols may be the trademarks of their respective owners.
1.10. WARRANTY. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT OR ADDITIONAL WRITTEN AGREEMENTS WITH AFFIRM, NEITHER AFFIRM NOR ITS AFFILIATES MAKE ANY
SPECIFIC PROMISES ABOUT THE SERVICES. AFFIRM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED. ALL SERVICES ARE PROVIDED "AS-IS," AND AFFIRM MAKES NO
COMMITMENTS OR WARRANTIES ABOUT THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF
SENSITIVE INFORMATION THROUGH THE SERVICES. AFFIRM AND EACH AFFILIATE DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES,
INCLUDING ANY WARRANTY REGARDING NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER AFFIRM NOR ITS AFFILIATES DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. AFFIRM AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE
INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR
SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.
AFFIRM AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT METHOD, OFFER, OR REWARD PROGRAM ITEM INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS CURRENT AND UP-TO-DATE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION IS REPORTED BY THE ISSUER THEREOF AS OF A PARTICULAR TIME ESTABLISHED BY THE ISSUER AND MAY NOT ACCURATELY REFLECT YOUR CURRENT TRANSACTIONS, AVAILABLE BALANCE, OR OTHER ACCOUNT OR PROGRAM DETAILS AT THE TIME THEY ARE DISPLAYED TO YOU THROUGH THE SERVICES OR AT THE TIME YOU MAKE A PURCHASE OR REDEMPTION. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT METHOD, OFFER, OR REWARD PROGRAM ITEM ISSUER, OR YOUR ATTEMPT TO MAKE A PURCHASE OR REDEMPTION MAY NOT BE SUCCESSFUL.
1.11. LIMITATION OF LIABILITY. AFFIRM AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE ITSELF OR THE USE OF THE SERVICE. 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 THE LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF VISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER AFFIRM NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.
2. Your use of Affirm.
2.1. Affirm Purchasing. Affirm is a payment service that allows you to purchase goods and services online or using your phone or mobile device. When you purchase goods or services using Affirm, we will send payment to the merchant on your behalf. The purchase may be held as pending or be otherwise delayed for processing and confirmation by either Affirm or the merchant and can be cancelled at any time until it is confirmed by Affirm. If you use the Affirm Services, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMSdata services, and any other fees that your phone service provider may charge.
When you provide information to Affirm, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.
2.2. Promise to Pay. By using Affirm to purchase goods and services, you promise to pay for the goods and services that you purchase through Affirm upon delivery of the good or service according to the terms of this Agreement as it exists at the time of your purchase. Affirm may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example by clicking on an "I agree" button). If this Agreement is changed, Affirm will give notice to users by posting a new version of this Agreement on our website 7 days before that version becomes effective.
2.3. Collection Methods. You agree to allow Affirm to send you payment reminders from time-to-time. These reminders may take the form of any available
communication. You also acknowledge that Affirm or any of its affiliates has the right to contact you by any available means in order to obtain your
You also agree that if you ever have overdue payment, Affirm may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collections agency, or legal action. FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE. You explicitly agree that all communication in relation to delinquent accounts may be made by electronic mail or by phone at the email address and/or phone number you have provided to Affirm. Such communication may be made by Affirm or by anyone on its behalf, including but not limited to a third party collection agent.
SHOULD YOU FAIL TO PAY, AFFIRM MAY UNILATERALLY DECIDE TO IMPOSE REASONABLE FEES ON YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO, THE COST OF COLLECTIONS OR OTHER LEGAL ACTIONS AND PUNITIVE FEES IN EXCESS OF OUR INCURRED COSTS.
2.4. Repayment Methods. You may use one of the acceptable methods of payment to make one-time transactions to pay your account as payments become due or you may set up automatic monthly account payment.
Currently acceptable methods of payment are:
A. Credit Card – You may pay your account balance by entering valid credit card information and authorizing Affirm to charge your card.
B. Bank Transfer – You may pay your account balance by authorizing an Automated Clearing House (ACH) transaction from your bank account.
C. Check – You may pay your account balance by writing a check payable to the order of: Affirm, Inc.
Please send all checks to:
PO Box 2854
San Francisco, CA 94126
When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, you will be responsible for any fees incurred and Affirm will have no liability with respect thereto. If any check, debit card transaction, or other instrument is tendered by you and returned unpaid by a financial institution for any reason, you will be solely responsible for any associated fees that may be incurred by you or by Affirm or anyone acting on Affirm's behalf.
2.5. Late Fees. If you fail to pay your bill by the due date on your statement, we incur costs that we may pass on to you in the form of late fees and collection fees (including field collection fees that apply if we send someone to your home in an attempt to collect amounts you owe us). Except where late fees are set pursuant to law, the fees we may pass on to you may be based on the aggregate costs of our collection activities, may change over time, may vary by location and may be allocated among users of the Services in any reasonable manner as determined by us. You acknowledge that these fees are difficult to determine on an individual basis and imposing an allocated portion of such fees on users who are delinquent is reasonable in light of our costs in collecting past due amounts.
2.6. Access to Your Account. You are responsible for maintaining the secrecy of the login credentials to your Affirm account. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your Affirm account and to any 3rd Party account you have used to login to your Affirm account. You are also responsible for maintaining the accuracy of the information in your Affirm account.
2.7. E-Sign Consent. By using the Website or Affirm Service, you consent and agree that:
- Affirm may provide disclosures required by law and any other information about your legal rights and duties and your account to you electronically.
- Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
- This consent applies to any transaction undertaken through the Services in the past, to all future disclosures and communications on your account, to all future transactions in which you use the Services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
2.8. Website Content. The information on the Website is for information purposes only. It is believed to be reliable, but Affirm does not make any promises
as to its completeness, timeliness or accuracy. The information and materials contained in the Website, and in this Agreement, are subject to change
Access to the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:
a. servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;
b. 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;
c. overload of system capacities;
d. damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
e. interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
f. governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
g. any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Affirm.
2.9. Links to Other Websites. Links to non- Affirm websites are provided solely as pointers to information on topics that may be useful to users of the Services, and Affirm has no control over the content on such non-Affirm websites. Affirm makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does Affirm warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by Affirm, you must do so at your own risk. Affirm does not guarantee the authenticity of documents on the Internet. Links to non-Affirm websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.
2.10. Closing Your Account. You may close your account at any time by following the instructions found online at the Website. Upon account closure, we will cancel any pending transactions unless otherwise legally prohibited. If you owe any payment, Affirm will not close your account until that payment has been made, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed.
Even if your account is closed, it is our policy to never permanently remove personal or financial information from Affirm's databases. We retain personal and financial information for both active and inactive users. We retain information for credit reporting purposes, and we report user payment activity to credit bureaus. For users who have registered or had their identity verified, we keep on file any personal or financial information collected during those processes as a matter of course for security reasons. Retaining this kind of information is typical of online and off-line financial services companies.
2.11. Dormant Accounts. If you do not log in to your Account for two or more years, Affirm may close your account. Where required, Affirm will send you a notice prior to closing your account.
3. How you may NOT use Affirm.
3.1. Restricted Activities. You agree that:
(i) You will not engage in any activities related to the Services that are contrary to applicable law, regulation or the terms of any agreements you may have with Affirm;
(ii) You will not provide false, inaccurate or misleading information;
(iii) You will not provide information belonging to any person other than yourself;
(iv) You will not use an account that belongs to another person for yourself or on behalf of another person;
(v) You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;
(vi) You will not breach this Agreement or any other agreement or policy that you have agreed to with Affirm;
(vii) You will not use the Services to accomplish a cash advance;
(viii) You will not commit unauthorized use of Affirm's Website and systems including but not limited to unauthorized entry into Affirm's systems, misuse of passwords, or misuse of any information posted to a site; and
(ix) You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.
4. How Affirm will serve you.
4.1. Transactions. Affirm will facilitate certain online transactions through the websites of certain merchants with which we work. We may choose not to provide service to you or to specific merchant sites at any time for any reason, including but not limited to, your creditworthiness, your history of transactions on our site, the merchant's account history or any other reason. Affirm may cancel even transactions which it has previously approved at any time before the Merchant shall have delivered its goods or services.
4.2. Fees. Affirm reserves the right to change its fee policy at any time. Affirm currently is free to use for users making purchases. Affirm makes money by reducing friction in the buying process, thereby increasing sales for merchants. Affirm charges merchants for this service.
4.4. Credit Investigation and Reporting. By using the Affirm Service, you give Affirm permission to investigate your credit record and obtain your credit report in connection with the review of your application for credit. A credit report may also be requested in connection with a credit extension, credit limit request, account renewal, account collection action or dispute investigation. You understand that Affirm may report negative information (such as late payments, missed payments, or other defaults) about your account to credit reporting agencies.
4.5. Communication & Notification. You agree that Affirm may provide you communications about your account and the Affirm Service electronically or through phone calls or in writing. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Affirm reserves the right to close your account and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party site on which the Affirm Service relies (e.g., Facebook, Twitter, etc.) or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you within 24 hours of the time we email it to you or otherwise send it to your attention (such as via sms or other online notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it.
If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or e-mail via:
- a cell, landline, or text number you provide, use to contact us, or at which we believe we can reach you (even if it is not yours),
- any email address you provide to us or one of our merchants,
- automated dialer systems and automatic telephone dialing systems,
- pre-recorded or artificial voice messages and other forms of communications.
You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.
You understand and agree that Affirm may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Affirm or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Affirm may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Affirm, and Affirm does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
4.6. Working with Third Parties. If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party's product or service or through your Affirm account, you acknowledge that Affirm may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Affirm responsible for, and will indemnify Affirm from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
5. How Affirm will resolve disputes.
5.1. Disputes with Affirm. If a dispute arises between you and Affirm our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Affirm to resolve your problem directly with us. You may contact Affirm
regarding any complaints or disputes by emailing email@example.com.
Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the "AAA") pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (the "Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Affirm will pay all arbitration fees and expenses.
The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and Affirm each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms.
We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Affirm or our Affiliates pending the completion of the arbitration.
Restrictions. You and Affirm agree that any arbitration shall be limited to the dispute between Affirm and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. You and Affirm agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Affirm's intellectual property rights; and (2) any claim for injunctive relief.
Except as explicitly provided in this Agreement, all claims you bring against Affirm must be resolved in accordance with this "Disputes with Affirm" ction. Any claim filed or brought contrary to this Disputes Section shall be considered improperly filed. Should you file a claim contrary to this Section, Affirm may recover from you attorneys' fees and costs up to $1500 per claim, provided that Affirm first has notified you in writing of the operly filed claim and you have failed to promptly withdraw the claim.
6. MISCELLANEOUS PROVISIONS.
Statute of Limitations.
Government Use. 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 the 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. The Service and any related software is a "commercial item," "commercial computer software" and " commercial computer software documentation". In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.