This is one of the harshest sections in the document. Afterpay attempts to exclude liability for personal injury outright, alongside all indirect, incidental, consequential, special and exemplary damages. Even where a claim survives, your total recovery is capped at the greater of the affected order or 500 dollars, which is a very small ceiling for a financial service that touches your credit file and your bank account. The clause is written to survive even when that remedy fails its essential purpose, and everything is provided as is with all implied warranties disclaimed, including fitness for purpose.
The detailed privacy practices sit in a separate policy, but what this agreement does contain is broad. By signing up you authorise Afterpay to pull credit reports and consumer reports about you not just to decide your eligibility but also to market products to you, and that authorisation runs for as long as your account stays open. You also agree to receive automated SMS at any time of day even if your number is on a do not call register. Anything you type into the AI tools can be sent to third party providers who are allowed to use it to improve their own services.
You can close or deactivate your account yourself at any time from the app, and deactivation preserves your history, which is genuinely good. Against that, Afterpay can end your access instantly, automatically and without notice whenever it decides in its sole discretion that you broke any term, with no warning, no cure period and no appeal process described anywhere in the document. It can also close, suspend or limit your account simply because it is not satisfied with your identity information, and closing your account wipes your in app access to your purchase history.
The indemnity is triggered by your access to, use of, or even inability to use the service, so you can owe Afterpay money for a claim without having done anything wrong. It runs to a long list of protected parties including affiliates, officers, directors, employees and agents, and it covers claims, liabilities, damages, losses and expenses with no cap. Afterpay can take over the defence and forbid you from settling, while you must cooperate. There is no carve-out for claims caused by Afterpay's own negligence, and this obligation survives after you stop using the service.
Either side can force any dispute into binding arbitration, and you give up jury trials and class actions. Afterpay does include several real accommodations: a 30 day written opt-out, a small claims carve-out you can use in your own county, arbitration that can run by phone, document or online, and a promise to pay all arbitration fees if the arbitrator finds your share excessive. Working against you are the 30 day informal negotiation gate before you can file anything, an arbitration seat fixed in San Francisco County, exclusive court jurisdiction there, and Delaware governing law with no clause preserving your own state's consumer protections.
For a buy now pay later provider this agreement is remarkably quiet about money. It describes the installment feature in one sentence and then routes everything about an actual transaction, including the payment schedule, fees, late charges and refunds, to a separate transaction document that is not part of this text. Because the category is essentially not covered here, the score sits in the neutral band rather than reflecting a judgement on Afterpay's real billing practices. What is stated is that you must clear what you owe before you can close your account and that you stay liable afterwards.
Afterpay owns its own site content, which is normal. The problem is the Generative AI section: if you use Afterpay's AI tools, you hand Afterpay, its affiliates and its successors a worldwide, irrevocable, perpetual and sub-licensable licence to use, modify and publish anything you type in or generate, for any reason at all, including promotion. There is no attribution requirement, no compensation, and no way to end the licence, and Afterpay can also delete your AI content at any time for any reason without telling you. The clause is softened only by the fact that you keep nominal ownership and can avoid it entirely by not using the AI tools.
Afterpay promises to email account holders in advance when it makes changes it considers material, which is better than the common practice of simply reposting the page. The weaknesses are that Afterpay alone decides what counts as material, no minimum notice period is given, and your only way to reject a change is to stop using the service. People without an account are told it is their own job to keep checking the website. The document carries a February 2026 date but there is no archive of earlier versions.
Acceptance is a clear click to accept step rather than a buried footer link, and the arbitration and class action waiver are flagged in capitals in the opening paragraph before you agree. Eligibility is spelled out precisely: 18 or older, a legal resident of one of the 50 states or DC, and a real residential address. The main weakness is that Afterpay can hand your entire contract to a third party without telling you or asking you, which means the company you end up dealing with may not be the one you signed up with.