Last Updated: June 3, 2025

These Professional Service Terms apply to Affirm’s provision of, and Merchant’s access to and use of, the Services in connection with Professional Services (including where Merchant offers a platform or marketplace that enables Professionals to provide Customers with Professional Services) in the following applicable Territories: United States and Canada. Capitalized terms used in these Professional Service Terms but not defined below are defined in the Agreement. In the event of any inconsistency, conflict, or ambiguity as to the rights and obligations of the Parties under these Professional Service Terms, these Professional Service Terms will control and supersede any such inconsistency, conflict, or ambiguity.

1. Definitions.

(a) “Billing Amount Change” means circumstances where a Customer prepays for a Professional Service and, following completion of the Professional Service, the amount owed by the Customer changes.

(b) “Compliance Matter” means a Customer, Professional or other third party complaint related to the Services.

(c) “Confidential Information” has the meaning provided in the Agreement, in addition to any information of the same characteristics provided by Healthcare Provider to Affirm. 

(d) “Healthcare Provider” means a medical, dental, veterinary or other healthcare provider.

(e) “Healthcare Services” means, subject to the subsections (f)(i) and (g)(ii) of Appendix A (Industry Specific Terms), any Professional Service (i) constituting the practice of medicine or dentistry, or (ii) within the scope of practice of any veterinarian or Healthcare Provider for which an individual must obtain a professional license in order to perform or be supervised by a licensed professional. 

(f) “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.

(g) “In-Home Professional” means a Professional who provides In-Home Services to Customers.

(h) “In-Home Services” means any service performed In-Home following a Customer’s purchase of or request to purchase a Merchant Product.

(i) “Institution of Higher Education” means an institution of higher education as defined by the Higher Education Act (20 U.S.C. §§ 1001-1002) and implementing regulations (34 C.F.R. Part 600).

(j) “Professional” means an individual who uses or seeks to use the Services in connection with its provision of a Professional Service.

(k) “Professional Services” means any service that requires extended analysis, the exercise of discretion and independent judgment, or the application of an advanced, specialized type of knowledge, expertise, or training customarily acquired either by a prolonged course of study or equivalent experience in the field. Examples of Professional Services include, but are not limited to, accounting, architecture, education, healthcare, home improvement and maintenance, and legal services. 

(l) “Professional Services Training Materials” means, collectively, appropriate training materials and instructions for the purpose of promoting the Services through Professional Services.

2. Merchant Obligations. Merchant will require that each Professional complies with these Professional Service Terms as if such Professional were “Merchant” under these Professional Service Terms. Merchant will be solely liable for the failure of any Professional to comply with the obligations set forth in the Agreement and any action or inaction of a Professional (including any action or inaction that causes or would reasonably be expected to cause Merchant to be in breach of Merchant’s obligations under the Agreement).

3. Loan Application and Payment Process. Merchant will require that each Customer use their personal device to complete their application for the Services. Merchant will not (a) assist Customers in the application process, (b) request payment from Customer directly outside of the Services for any transaction in which Customer has used the Services, or (c) knowingly access any consumer credit information of Customer.

4. Billing Amount Changes. Merchant is responsible for addressing any 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. 

5. Due Diligence. Merchant must conduct due diligence, which will include certain requirements provided by Affirm as updated from time to time, on a Professional prior to the Professional’s onboarding, offering and use of the Services. Merchant will promptly comply with any reasonable request by Affirm for additional information regarding a Professional that may impact Affirm’s due diligence procedures. To support Affirm’s due diligence processes, Merchant will promptly notify Affirm at aml@affirm.com upon learning 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). 

6. Training Materials. Affirm will provide Merchant with Professional Services Training Materials. Merchant will ensure that each Professional complies with the Professional Services Training Materials and will not make any statements, commitments, representations or warranties with respect to Affirm or the Services, except as expressly authorized in advance and in writing by Affirm. The Parties will agree upon the means of training Professionals. Merchant will be solely responsible for ensuring that each Professional (a) completes all required training prior to performing Professional Services, and (b) complies with the Professional Services Training Materials provided by Affirm. Upon Affirm’s request, Merchant will certify to Affirm that all Professionals have completed Affirm’s required training. Merchant will promptly notify Affirm in the event Merchant becomes aware that any Professional is, or the Professional Services conducted in connection with the Services are, not in compliance with the Training Materials. 

7. MarketingCompliance. Merchant will notify Affirm at MarketingCompliance@affirm.com within 14 calendar days of becoming aware of a 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.

8. Industry-Specific Terms. Merchant will comply with the applicable industry-specific terms located in Appendix A attached hereto.

Appendix A

Industry-Specific Terms

1. U.S. Education Services. To the extent that Merchant offers the Services with respect to any Merchant Product that includes education 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. 

2. Legal Services. To the extent Merchant offers the Services with respect to any Merchant Product that includes legal services or Merchant provides a platform or marketplace for legal service providers, the provisions of this Section will apply. 

(a) Privileged Information. Merchant will not send Affirm or its bank partners any attorney-client privileged information. 

(b) Retainers. The Services may not be used to finance a Professional’s retainer. 

3. In-Home Services. To the extent a Merchant uses the Services with respect to any Merchant Product that includes In-Home Services or Merchant provides a platform or marketplace for In-Home Professionals, the provisions of this Section will apply. 

(a) Pre-Approval. Merchant must obtain Affirm’s written approval prior to offering the Services in connection with In-Home Services.

(b) MerchantObligations. 

(i) Merchant will monitor the activities of In-Home Professionals, including but not limited to establishing and maintaining a process to monitor and prevent any fraudulent activities (for example, any attempts by In-Home Professionals to commit fraud, overcharge a Customer, or submit fake credit applications).

(ii) Merchant will use commercially reasonable efforts to prohibit any In-Home Professional from applying for, making any guarantees regarding, misrepresenting or discussing the Services to any Customer while In-Home, including but not limited to sending a written communication (the content to be approved by Affirm) to each In-Home Professional giving effect to the above. 

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

(c) Suspension. In the event Affirm notifies Merchant that an In-Home Professional or the In-Home Services are not in compliance with these Professional Service Terms, Merchant will promptly suspend such In-Home Professional from using the Services via Merchant’s platform or marketplace. 

4. Healthcare Services. To the extent a Merchant uses the Services with respect to any Merchant Product that includes Healthcare Services or Merchant provides a platform or marketplace for Healthcare Providers, the provisions of this Section will apply.

(a) Affirm Product Placement.

(i) All references to “Merchant” in the Placement section of the Agreement are replaced with “Merchant and all applicable Professionals and Healthcare Providers”, and Merchant will cause all applicable Professionals and Healthcare Providers to comply with the terms herein.

(ii) All references to “register” in the In-Store Channel Placement section of the Order Form are replaced with “register, waiting room or reception.”

(b) Merchant Indemnification. In addition to any indemnification obligations in the Agreement, Merchant will defend, indemnify, and hold harmless each Affirm Party from and against all Losses suffered, incurred, or sustained by any Affirm Party resulting from or arising out of any claim relating to: (i) any claims for malpractice; (ii) any consumer complaint relating to Merchant or any Healthcare Provider; (iii) any transaction, contract, understanding, promise, representation or any other relationship, actual, asserted or alleged between Merchant (and/or any Healthcare Provider) and any third party, including, but not limited to, a Customer; or (iv) a Security Incident by Healthcare Provider.

(c) Merchant Obligations. Merchant will not: 

(i) Market the Services to any Customer who (A) 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 (B) in a 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

(ii) 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.

(d) Representations and Warranties.

(i) All references to “Merchant” in any representations and warranties in the Merchant Agreement are hereby replaced with “Merchant and all applicable Professionals and Healthcare Providers”, and all references to “Party” or “Parties” in the same Section will apply to all applicable Professionals and Healthcare Providers as the context demands. 

(ii) Merchant (on behalf of itself and each Healthcare Provider, as applicable) represents and warrants that:

(A) It has and will maintain during the Term all necessary licenses, permits, certification, registration, consents or approvals from or by, and has made all necessary notices to, all governmental authorities having jurisdiction, to the extent required for such ownership of and operation of the business or as its business proposed to be conducted; and

(B) It has not ceased to pay its debts in the ordinary course of business nor is it unable to pay its debts as they become due, or its financial condition is not such that the sum of its liabilities is greater than all of its assets. 

(e) Booking Fees. Merchant will be responsible for any booking fee that it charges Customers in connection with their use of the Services to book Healthcare Services, including the establishment, implementation, authorization, and collection of such fees. Customers may use the Services to pay booking fees. No payment between Merchant, Affirm, Customers, or Healthcare Providers will be structured to reflect the volume or value of, or be intended to generate, referrals for Healthcare Services.

(f) Additional U.S. Terms. To the extent that Merchant or Healthcare Provider offers the Services with respect to any Merchant Product that includes Healthcare Services in the U.S., the following additional terms apply:

(i) The following is expressly excluded from the definition of “Healthcare Services,” and shall not be offered by such Merchant or Healthcare Provider unless otherwise authorized by Affirm: 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. 

(ii) Any sharing of Customer data under the Agreement will not involve Protected Health Information or cause Affirm to be considered a Business Associate under the Health Insurance Portability and Accountability Act of 1996.

(g) Additional Canadian Terms. To the extent that Merchant or Healthcare Provider offers the Services with respect to any Merchant Product that includes Healthcare Services in Canada, the following additional terms apply:

(i) The Parties agree that no part of the Merchant Agreement shall be construed or applied (A) as inducement or encouragement for the referral of patients or the purchase of healthcare goods or services except in compliance with Applicable Law, or (B) 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;

(ii) Any Healthcare Service that is covered or paid for by a Canadian federal, provincial, or territorial publicly-reimbursed health insurance plan is expressly excluded from the definition of “Healthcare Services,” even if it would otherwise fall within the categories described above;

(iii) Any sharing of Customer data under the Agreement will not (A) involve personal health information (as defined under Applicable Law), or (B) cause Affirm to be classified as an agent of, or service provider to, a health information custodian (or other substantially similar term) under Applicable Law, or otherwise subject Affirm to health information privacy laws; and

(iv) Merchant hereby represents and warrants to Affirm that the Services will only be offered for full payment for such Healthcare Services, and will not be offered or used as a partial payment method in conjunction with any public or private insurance funds.