Affirm · Affirm Terms of Service · View original document ↗

Mandatory Arbitration & Class Action Waiver

High severity Uncommon · 11 of 343 platforms
Share 𝕏 Share in Share 🔒 PDF
Recent governance activity Affirm recorded 3 documented changes in the last 30 days.
Start monitoring updates
Monitor governance changes for Affirm Create a free account to receive the weekly governance digest and monitor one platform for governance changes.
Create free account No credit card required.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The clause establishes binding arbitration as the exclusive dispute resolution mechanism for most disagreements between users and Affirm, with the procedural effect of removing access to class action litigation and jury trial options. This structure channels individual disputes into private arbitration proceedings rather than the court system.

Consumer impact (what this means for users)

Users agree to resolve disputes through individual binding arbitration and waive participation in class actions or collective proceedings. The mechanism applies to any dispute related to the terms, services, or their use, with limited exceptions for intellectual property claims that may proceed in court.

How other platforms handle this

Teachable Medium

You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.

Substack Medium

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...

Pinecone Medium

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

See all platforms with this clause type →

Monitoring

Affirm has changed this document before.

Receive same-day alerts, structured change summaries, and monitoring for up to 25 platforms.

Start Monitor free trial Or create a free account →
▸ View Original Clause Language DOCUMENT RECORD
"
YOU AND AFFIRM AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THE SERVICES (COLLECTIVELY, 'DISPUTES') WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY'S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND AFFIRM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

— Excerpt from Affirm's Affirm Terms of Service

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
Affirm Terms of Service
Entity
Affirm
Document last updated
March 24, 2026
Tracking information
First tracked
May 8, 2026
Last verified
May 10, 2026
Record ID
CA-P-006330
Document ID
CA-D-00167
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
a565ccb8559b7b4faae5dea17400c26c52091a269a6d5c0d2d79110102eac0c5
Analysis generated
May 8, 2026 09:12 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Affirm
Document: Affirm Terms of Service
Record ID: CA-P-006330
Captured: 2026-05-08 09:12:37 UTC
SHA-256: a565ccb8559b7b4f…
URL: https://conductatlas.com/platform/affirm/affirm-terms-of-service/mandatory-arbitration-class-action-waiver/
Accessed: June 10, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

Related Analysis

Compliance Governance Intelligence

Need to monitor specific governance provisions?

Compliance includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.

Arbitration clauses AI governance Data rights Indemnification Retention policies
Start Compliance free trial

Or start with Monitor →

Built from archived source documents, structured governance mappings, and historical version tracking.

Frequently Asked Questions

What does Affirm's Mandatory Arbitration & Class Action Waiver clause do?

The clause establishes binding arbitration as the exclusive dispute resolution mechanism for most disagreements between users and Affirm, with the procedural effect of removing access to class action litigation and jury trial options. This structure channels individual disputes into private arbitration proceedings rather than the court system.

How does this clause affect you?

Users agree to resolve disputes through individual binding arbitration and waive participation in class actions or collective proceedings. The mechanism applies to any dispute related to the terms, services, or their use, with limited exceptions for intellectual property claims that may proceed in court.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 11 platforms. See the full comparison.

Is ConductAtlas affiliated with Affirm?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Affirm.