Perpetual AI Content License

What it is

If you use Afterpay's AI features, you give Afterpay a permanent, worldwide license to use, modify, republish, and sub-license anything you type in or any content the AI generates for you, for any purpose, even after you stop using the service.

Why it matters (compliance & governance perspective)

This is a very broad license grant that is permanent and irrevocable, meaning Afterpay can continue to use your AI inputs and outputs indefinitely even if you delete your account, and can transfer that right to subsidiaries and successors.

Consumer impact (what this means for users)

Any content you submit to Afterpay's AI tools, including prompts and generated outputs, can be used by Afterpay and its affiliates for any purpose including promotion and product development, permanently and without additional compensation, even after you close your account.

What you can do

Institutional analysis (Compliance & governance intelligence)

(1) REGULATORY LANDSCAPE: The AI content license grant may engage state comprehensive privacy laws, particularly the California Consumer Privacy Act (CCPA) and its amendments under CPRA, which provide consumers rights to limit the use of personal information beyond the primary purpose of collection. To the extent AI inputs contain personal information, their use for promotional or product development purposes may require evaluation as a secondary use under applicable state privacy statutes. The FTC's authority over unfair or deceptive practices is also relevant if the scope of the license is not clearly communicated to consumers at the point of AI feature use. (2) GOVERNANCE EXPOSURE: High. The combination of irrevocable, perpetual, and sub-licensable license terms in a consumer-facing payment service is operationally distinct from standard payment platform terms and creates meaningful governance exposure, particularly regarding data minimization obligations and secondary use limitations under state privacy frameworks. The acknowledgment that inputs and outputs may persist in cached or archived copies even after user attempts to delete them compounds this exposure. (3) JURISDICTION FLAGS: California CPRA's right to deletion and right to limit use of sensitive personal information may apply to AI inputs that contain personal data, creating tension with the irrevocable nature of the license grant. Illinois, Virginia, Colorado, and other states with comprehensive privacy laws may impose similar constraints. EU and UK frameworks are not directly engaged given the US scope of this document, but any international data flows related to AI processing should be evaluated separately. (4) CONTRACT AND VENDOR IMPLICATIONS: The sub-licensable nature of the grant means AI content may flow to Afterpay's third-party AI vendors or model providers. Procurement teams should assess whether data processing agreements with those vendors address the scope of content use and whether such use is disclosed in Afterpay's privacy policy. (5) COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the AI content license grant is disclosed at the point of AI feature access in a manner sufficient to constitute informed consent under applicable state privacy law, whether the privacy policy addresses the secondary uses authorized by this license, whether data mapping documentation reflects AI input and output as a distinct data category, and whether deletion requests can be meaningfully honored given the acknowledgment that cached versions may persist.

Applicable agencies

Provision details

Other risks in this policy

• Mandatory Arbitration and Class Action Waiver high
• FCRA Credit Report Authorization for Marketing high
• Unilateral Agreement Assignment medium
• Electronic Consent Withdrawal Triggers Account Restriction medium
• SMS Consent Including Autodialer Use medium
• Account Closure Terms and Liability Survival medium

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