This analysis describes what Afterpay'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
Consumers may believe that closing an account ends their obligations, but this clause preserves Afterpay's ability to collect outstanding debts and pursue liability after account closure.
Afterpay's terms require users to resolve all disputes through binding arbitration and waive the right to participate in class action lawsuits, which limits the practical ability to challenge systemic issues with the service. The agreement also authorizes Afterpay to pull credit reports not just for eligibility but also for marketing purposes, which is a broader use than many consumers expect when signing up for a payment service. You can opt out of the binding arbitration provision by following the process described in Section 13 of the agreement.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
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"You may request to close or deactivate your Account at any time via the mobile app. If you owe any payment or amount to Afterpay, Afterpay will not close or deactivate your Account until that payment or amount due has been made, but we may limit your ability to make additional transactions using your Account. You may not close or deactivate your Account to evade an investigation. You will remain liable for all obligations related to your Account even after the account is closed or deactivated.— Excerpt from Afterpay's Afterpay Terms of Service
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Consumers may believe that closing an account ends their obligations, but this clause preserves Afterpay's ability to collect outstanding debts and pursue liability after account closure.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Afterpay.