Last Updated: June 2, 2025

These Merchant Portal Terms of Service (the “Terms”) are entered into between Affirm, Inc. and its subsidiaries, affiliates, agents, and assigns (“Affirm”) and You (“You” or “Your”) (each, a “Party” and collectively, the “Parties”), as the authorized agent of a merchant (“Merchant”) who uses or intends to use Affirm’s services.

If Merchant has entered into or later enters into an agreement with Affirm with respect to Affirm’s services (the “Agreement”), these Terms supplement and are subject to the Agreement. Capitalized terms used but not defined herein will have the meaning set forth in the Agreement, if applicable, and the terms of the Agreement will control in the event of a conflict with these Terms.

1. Overview. The Affirm Merchant Portal (the “Portal”) provides Merchant with information about Merchant customers who purchase Merchant Products using the services.

2. Merchant Representations and Warranties.

(a) By creating an account to use the Portal, You represent that (i) You are the authorized agent of Merchant with authority to agree to these Terms on behalf of Merchant; (ii) all information that You provide to Affirm in connection with Your access to and use of the Portal is true, accurate and complete to the best of Your knowledge; and (iii) You have all rights and authority necessary to provide any data or other information You provide hereunder.

(b) For each person with access to the Portal, Merchant will: (i) take reasonable measures to ensure at all times that each such person is an authorized agent of Merchant; (ii) take such actions as are necessary to maintain the confidentiality of, and prevent the unauthorized use of, each password and, if applicable, user account used to access the Portal; (iii) immediately notify Affirm in writing if Merchant determines, or has reason to believe, that an unauthorized person has gained access to a password or, if applicable, user account used to access the Portal; and, (iv) that Merchant is solely responsible for all activity arising from access to, use of, or any other act or omission with respect to the Portal, whether or not authorized by Merchant.

3. Use of the Merchant Portal.

(a) PortalAccess. The credentials You use to access the Portal are for Your use only as the authorized agent of Merchant and may not be shared with or provided to any other person. Access to the Portal as well as actions performed via the Portal may be monitored or logged by Affirm. Affirm requires the use of two-factor authentication when accessing the Portal where available.

(b) Privacy; Data Processing. You agree to comply with the Data Processing Addendum located at: https://www.affirm.com/terms/merchant-policies/global-dpa.

(c) Prohibitions. You will not:

(i) engage in any activities in connection with the Portal that violate any applicable law, statute, regulation, or ordinance or breach these Terms or any other agreement or policy that Merchant has with Affirm;

(ii) provide false, inaccurate, fraudulent, or misleading information through the Portal;

(iii) 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 Portal or to surreptitiously intercept or expropriate any data from the Portal;

(iv) use any robot, spider, scraper or other automated means to access the Portal for any purpose without Affirm’s express written permission;

(v) use the Portal without authorization from Merchant and Affirm, or misuse passwords or credentials, including sharing Your credentials with any other individual user(s); 

(vi) attempt to disable or circumvent any security controls of the Portal; or

(vii) take any action that imposes an unreasonable or disproportionately large load on Affirm’s infrastructure, including but not limited to denial of service attacks, “spam,” or any other such unsolicited overload technique.

(d) Security. You agree to notify Affirm promptly (but in no event later than 48 hours) upon becoming aware of any suspected compromise of Your access credentials or other suspected unauthorized access of the Portal or of Your accounts used to access the Portal. You furthermore agree to cooperate in any reasonable effort, action or proceeding to reasonably mitigate and/or remediate the impact of the Security Incident and come into compliance with applicable law. All notices to Affirm under this Section will be sent to infosec@affirm.com.

4. Copyright, Trademark, and Ownership. All of the content displayed in the Portal including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Affirm, its licensors, agents or its content providers. All elements of the Portal, including, without limitation, the general design, Affirm’s trademarks, service marks, trade names (including Affirm’s name, logos, website name, mobile application name, website design and mobile application design), and other Content, are protected by trademark, copyright, moral rights, trademark and other laws relating to intellectual property rights. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or Affirm’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Portal, without Affirm's prior written consent. If Merchant has entered or later enters into an Agreement, the terms regarding Affirm’s intellectual property and Marks in the Agreement shall also apply to Your use of the Portal. The Portal, its Content, and all related rights shall remain the exclusive property of Affirm or its licensors unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or other proprietary notices from material found on the Portal.

5. Disclaimers.

(a) THE INFORMATION, MATERIALS, PRODUCTS AND THE PORTAL CONTENT PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE PORTAL OR OTHERWISE PROVIDED BY US ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AFFIRM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PORTAL. AFFIRM DOES NOT REPRESENT OR WARRANT THAT THE PORTAL OR ANY INFORMATION AFFIRM PROVIDES THROUGH THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PORTAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFFIRM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE PORTAL OR ANY INFORMATION AFFIRM PROVIDES THROUGH THE PORTAL. THE INFORMATION, MATERIALS, PRODUCTS AND PORTAL CONTENT PROVIDED ON OR THROUGH THE PORTAL WEBSITE MAY BE OUT OF DATE, AND NEITHER AFFIRM NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR PORTAL CONTENT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AFFIRM OR THROUGH THE PORTAL, PRODUCTS AND PORTAL WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

6. Limitations of Liability.

(a) AFFIRM DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO ANY COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE PORTAL, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM THE PORTAL. IN NO EVENT WILL AFFIRM, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE PORTAL, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PORTAL, ANY WEBSITES LINKED TO THE PORTAL, OR THE MATERIALS, INFORMATION, PRODUCTS CONTAINED ON OR PROVIDED IN CONNECTION WITH THE PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY. EACH PARTY ENTERS INTO THESE TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION, THAT THE SAME REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

(b) IN THE EVENT OF ANY DISSATISFACTION OR PROBLEM WITH THE PORTAL OR ANY CONTENT AVAILABLE VIA THE PORTAL, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE PORTAL OR SUCH CONTENT. AFFIRM DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE).

7. Indemnity. Merchant shall indemnify and hold harmless Affirm from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) Your use of the Portal; (ii) Your violation of any representation or warranty, term or condition of these Terms; and (iii) any third party’s access to and/or use of the Portal with Your unique username, password or other appropriate security code.

8. Confidential Information.

(a) Confidential Information. For Purposes of these Terms, “Confidential Information” means any non-public information disclosed by either Party to the other Party in connection with the Merchant Portal that should reasonably be understood to be confidential. If Merchant has entered into the Agreement with Affirm, the definition of Confidential Information in the Agreement shall apply to these Terms.

(b) Nondisclosure of Confidential Information. You will: (i) keep Affirm’s Confidential Information confidential and not use or disclose it except as necessary to use the Portal; (ii) protect such Confidential Information using at least reasonable care; and (iii) limit access to those who need it for purposes of using the Portal. If Merchant has entered into the Agreement with Affirm, the confidentiality provisions in the Agreement shall also apply to Confidential Information exchanged in connection with the Portal.

9. Miscellaneous.

(a) General. Affirm does not guarantee continuous, uninterrupted or secure access to the Portal, and operation of the Portal may be interfered with by numerous factors outside of Affirm’s control. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. You may not assign these Terms or any of your rights or obligations, by operation of law or otherwise, without Affirm’s prior written approval and any attempted assignment will be void. These Terms may be assigned by Affirm in its sole discretion. Subject to the foregoing, these Terms of Service will be binding upon and inure to the benefit of you and us, their successors and permitted assigns. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Affirm’s failure to act with respect to a breach by You or others does not waive Affirm’s right to act with respect to subsequent or similar breaches. These Terms do not confer any rights, remedies or benefits upon any person other than You. Possible evidence of use of the Portal for illegal purposes will be provided to law enforcement authorities. These Terms are the entire agreement between You and Affirm with respect to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that is reasonably inferable to have been intended to survive or must survive in order to give proper effect to its intent (e.g., indemnity, general, limitations on liability, disclaimers, representations and warranties, confidentiality, etc.) will survive the expiration or termination of these Terms.

(b) Changes to the Portal and Terms. Affirm may make changes or updates to the Portal and these Terms at any time without notice. Your initial use of the Portal constitutes Your agreement to be bound by these Terms, as they are amended from time to time.

(c) Termination of Access. Affirm may suspend or terminate Your account or Your use of the Portal at any time, for any reason or for no reason. We may also block Your access to the Portal in the event that (i) Affirm suspects that You breach these Terms; (ii) Affirm is unable to verify or authenticate any information You provide to Affirm; (iii) Affirm believes that Your actions may cause financial loss or legal liability for Affirm or its customers; (iv) Affirm is notified by Merchant that You are no longer acting as its authorized agent; or (e) or as otherwise provided herein or in another incorporated policy. You understand that any termination of Your account, by You or Affirm, may involve the permanent deletion of Your data. Affirm will not have any liability whatsoever to You for any suspension or termination.

(d) Governing Law. If Merchant has entered into the Agreement with Affirm, the governing law and dispute resolution provisions in the Agreement shall apply to these Terms. If no Agreement has been entered into, these Terms shall be governed by the laws of the State of California without regard to its conflict of laws principles, and any disputes will be resolved exclusively in the state or federal courts located in San Francisco, California.