Affirm limits its financial responsibility to you and will not pay for indirect losses such as lost profits, data loss, or other consequential damages even if it knew those damages were possible.
This analysis describes what Affirm's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
If Affirm's service fails in a way that causes you financial harm beyond direct transaction amounts, such as a data breach or service outage affecting a time-sensitive payment, this clause limits your ability to recover those losses.
Interpretive note: Enforceability of this clause varies by jurisdiction and may be limited by non-waivable consumer protection statutes in California and other states.
This provision means that if Affirm's platform causes you harm beyond direct transaction losses, such as a missed payment due to a system error, you may be limited in the damages you can recover from Affirm.
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A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AFFIRM AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AFFIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OR THE INABILITY TO USE THE SERVICE.Excerpt from Affirm's Terms of Service
REGULATORY LANDSCAPE: Limitation of liability clauses in consumer financial services contracts may be constrained by applicable consumer protection statutes that create non-waivable consumer rights.
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If Affirm's service fails in a way that causes you financial harm beyond direct transaction amounts, such as a data breach or service outage affecting a time-sensitive payment, this clause limits your ability to recover those losses.
This provision means that if Affirm's platform causes you harm beyond direct transaction losses, such as a missed payment due to a system error, you may be limited in the damages you can recover from Affirm.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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