Afterpay Terms of Service

This document is Afterpay's Terms of Service for US consumers, governing use of its buy-now-pay-later installment payment platform, Afterpay Card, website, and AI-powered features, with the stated legal basis being a binding contract between the user and Afterpay US, Inc. and Afterpay US Services, LLC. The agreement states that all disputes must be resolved through binding arbitration with a class action waiver, authorizes Afterpay to obtain credit reports and consumer reports from consumer reporting agencies for eligibility, marketing, and other permissible purposes under the Fair Credit Reporting Act, and reserves the right to assign the agreement to third parties without user notice or consent. Section 12 establishes a broad, worldwide, irrevocable, perpetual, sub-licensable license over user-submitted AI content including inputs and outputs, which is operationally distinct from standard payment service terms and extends well beyond what users may expect from a retail payment platform. The agreement engages the Fair Credit Reporting Act (FCRA) through its credit report authorization in Section 6.2, the Electronic Signatures in Global and National Commerce Act (E-SIGN) through its electronic communications consent framework in Section 10, and the Telephone Consumer Protection Act (TCPA) through its SMS consent provisions in Section 11, with CFPB and FTC maintaining primary oversight jurisdiction over the consumer financial and data practices described. Compliance teams should note that the arbitration opt-out right exists but requires affirmative action within a timeframe not explicitly stated in the truncated document, and that the AI content license grant may require evaluation under applicable state consumer protection frameworks depending on jurisdiction.