User Terms for Klarna Shopping Service
These user terms and conditions (hereinafter referred to as the “Agreement”) govern the contractual relationship between Klarna Inc., including its subsidiaries, affiliates, agents, and assigns, (“Klarna”, “we”, “us” or “our”) and you (“you” and “your”) when you use service and features through the Klarna website or mobile application (the “Services”). The Services include but are not limited to your account with us (“Klarna User Account”), the Klarna website, our mobile application (or any other app that we may create in the future) (“Klarna App”), the Klarna Extension, any and all associated technologies used by or with the Services and any other services provided by Klarna or other third parties where this Agreement is presented to you. This Agreement contains important terms that govern your relationship with us and your use of the Services, including (but not limited to):
Some Services, such as our payment, credit, or loyalty program products and credit products issued by financial institution partners, may require you to agree to additional terms and conditions. To the extent there is a conflict between this Agreement and any additional terms and conditions, the terms and conditions will control unless such additional terms expressly state otherwise.
You can at any time access the latest version of this Agreement via the Klarna App or at https://www.klarna.com/us/legal/.
ARBITRATION NOTICE: EXCEPT AS DESCRIBED IN THE “MANDATORY ARBITRATION OF DISPUTES” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AT THE ELECTION OF EITHER PARTY, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR COLLECTIVE ACTION IN COURT OR IN ARBITRATION, UNLESS YOU OPT-OUT AS DESCRIBED IN THE SAME SECTION BELOW.
Product links and links to stores within the Services may be sponsored or affiliated, meaning that Klarna might earn a commission when you shop through those links. We may unilaterally amend any part of this Agreement at any time by posting amended terms on www.klarna.com/us/legal, and you acknowledge that EACH TIME YOU USE ANY OF THE SERVICES, YOU AGREE TO THE CURRENT VERSION OF THIS AGREEMENT. However, unless you agree to changes to this Agreement by using any of the Services, amendments we make to this Agreement will not impose new obligations on you with respect to any actions you took before the change became effective. Any changes become effective as of the published date above. To be eligible to use the Klarna Services, you must: Be a resident of the United States or its territories; have full legal capacity to enter into a contract and be at least eighteen (18) years old or of legal age in your state of residence; accurately provide your true and correct personal details; and be able to receive security verification codes via text message. When you sign up to the Service we will create a user account for you, to give you the full potential of all the functions in the Service (“Klarna User Account”). You will be asked to give us certain personal information necessary for your Klarna User Account. Remember to always keep your contact information on your Klarna User Account up-to-date and add all your relevant delivery addresses. You can choose to have your Klarna User Account remembered on a specific device, such as your mobile phone or your tablet (the “Remember me” function). You can do this on one or several of your devices. You should not use this function on shared or public devices. By using this function you will not have to login and authenticate your Klarna User Account each time you use Klarna. This will provide you with a smooth and friction free shopping experience. The Remember me function places a device identifier, i.e. a “cookie”, on your device. You can delete all cookies on your device, which deletes our cookies as well. We will handle all personal information we collect in creating your Klarna User Account in accordance with our Privacy Policy. YOU MUST ALWAYS KEEP YOUR KLARNA USER ACCOUNT LOGIN DETAILS SAFE AND SECURE, INCLUDING ANY ONE TIME PASSWORDS SENT TO YOUR PHONE OR EMAIL, TO PREVENT UNAUTHORIZED USAGE. By accepting this Agreement you agree that Klarna can divulge the fact that you are a customer of Klarna to stores and checkout solutions you shop with. Autofill while shopping with Klarna To provide you with a smooth and friction free shopping experience, we will remember some information about you, such as your name, address, and card details, and use that information to fill out your information automatically or to suggest that information be filled out (see more regarding Smart Suggestion in the Klarna App section below) when you use Klarna next time. An example of when autofill by use of Smart Suggestions is used is when you shop directly from the Klarna App, or in a store’s checkout when logged in with Klarna. We retrieve the information used for the autofill function in different ways: By using information from your Klarna User Account. By asking for information when you interact with Klarna. When you use Klarna next time, you will only have to provide some information, such as email and postal code. By using device identifiers on our website (ie. “cookie”). A device identifier is a small text file that we place on your device (computer, tablet, mobile phone, etc.). This allows us to find and fill in the information about you that you provided earlier if you are using the same device. You can delete all cookies on your device, which deletes our cookies as well. For more information, please see our Tracking Technology Notice. When you shop directly from the Klarna App or use Klarna as a payment method at a merchant we can also autofill your information, such as your name, address, and certain card details, on the site where you are shopping. This is done by suggesting what should be added in the different fields to complete the form. This is enabled by you being logged into the Klarna App so that we can verify that it is actually you that is shopping. If you don't want to use the autofill functions, you can adjust your settings in the Klarna App or during the purchase process, or contact us so we can help you. Auto-login Klarna enables you to be logged into your Klarna User Account automatically, if you are already logged into certain stores or checkout solutions in a sufficiently secure manner. This means that you can then use Klarna’s payment methods without the need for a manual login through an authentication method separate from that of the store or checkout solution. We will arrange the order of your payment methods based on whether you have chosen a payment method as your preference, previously used a specific payment method or if we are required by law to show payment methods in a certain order. However, in order to provide a smoooth and friction free shopping experience we will also check your eligibility for each of our available payment methods before presenting them to you, in order to clearly show which ones you can use for a specific purchase. Sometimes different payment methods might be unavailable due to the purchase amount being too low, or the store not enabling it at all, or not enabling it for a particular type of goods. When you make a purchase with Klarna, you can use several different payment options, such as debit, credit, or prepaid cards, as well as payment from your bank account. We will keep your payment information if you choose to pay with us, until you either choose to delete the information or until you close your Klarna User Account. By saving your payment information with Klarna, you agree to Klarna charging the saved card or bank account for later purchases with Klarna. You will not be charged until you make a purchase, or initiate a subscription. If the card or bank account you have chosen by default cannot be charged for a purchase, including installment plans or subscriptions, you agree that Klarna will try to charge one of the other cards or bank accounts you have registered in your Klarna User Account. Sign in with Klarna (“SIWK”) helps you to easily and securely sign in to and authenticate yourself at third-party apps and services using your Klarna User account. You won't have to remember individual usernames and passwords for each app or service. These third-party apps and services are provided by companies other than Klarna. If you don’t already have an account with the third-party app or service the shared data will be used to sign-up to the service, which typically includes that a new account is created at the third-party. When you use SIWK on a third-party app or service, Klarna will share your name, telephone number and email address from your Klarna User Account to that third party. At some third-parties or services you will also have the option to share additional information at your choice. The shared data will be used by the third-party to check if you already have an existing account at the third-party and connect to it if that’s the case. If you don’t have an account on the third-party app or service the shared data will instead be used to facilitate the account creation at the third-party. If you use SIWK on a third-party app or service Klarna will continuously share the information you have approved with the third party, for example if you update the information in your Klarna User Account, Klarna will share these updates with the third-party app or service. Depending on the third-party app or service functionality enabled, SIWK might also automatically log you into your Klarna account when making a purchase with the third-party app, eliminating the necessity for a manual login through a separate authentication method. You have the option to withdraw the third-party app's authorization to receive information from your Klarna User Account whenever you wish. This can be done through the Klarna App or by getting in touch with our customer service. Please note that this withdrawal for Klarna to share information will not affect the account at the third-party. When you use SIWK, Klarna does not receive access to your third-party account, nor does the third-party receive access to your Klarna User Account. Important: In addition to data shared by Klarna the third-party might request for additional information directly from you. This additional information will not be shared with Klarna. All information will be used by the third-party app or service as described in their privacy notice or elsewhere. Make sure to read them before you start using SIWK on a specific third-party. The Klarna App, provided to you by way of an app or a web login page, is your online shopping assistant— a place to manage all your purchases through Klarna and access all the other great features offered through Klarna. By using the Klarna App you can pay for your purchases, compare products, track your packages, and more. Some of these features are automatically activated by downloading the app or logging in through the web login page, while others can be activated by you after login. Klarna wants to provide you with the best shopping experience and offer you the ability to search for a wide range of stores in the Klarna App. We may not have a commercial relationship with all stores shown or searchable in the Klarna App. In these cases, Klarna acts like a web browser or search engine, displaying the store’s website in our app. The exact content of features can differ across different country versions of the Klarna App. Klarna updates the Klarna App continuously with new and improved features. To mention a few of the features we are most proud of: View your purchases and transactions Manage your payments Easy interaction with Klarna Personalized recommendations, offers and other content Quick, automated system to manage purchase disputes or complaints about goods Examples of other features we may offer depending on country version: Shopping services, including a search tool to compare products, prices, merchants and other information, as well as an overview of stores that we think you will like, personalized recommendations, offers and other content Shop using a Klarna payment method, or a payment method or credit product offered by one of our financial institution partners, even at stores which do not yet use Klarna Order, delivery or parcel tracking Connect your email account to view your orders made at stores or entities unrelated to Klarna Easy return handling and refunds Personal Insights, allowing you to import transactions from your external bank accounts. We then use this information to provide an overview of monthly budget, income and spending, visualization of balances (e.g. the savings or purchases), and other spending insights. We might also use it to present you with relevant offers to optimize your spending. Display and storage of your transactions, purchases, receipts, images and other material CO2 emission footprint on your purchases View your orders made via stores or entities unrelated to Klarna Create and share collections of goods or services of your choice An assistant that suggests to help you to fill in various information (such as payment method, card details, shipping address) by use of autofill Share your experience and thoughts with others on merchants and products you purchase by submitting a product review through the Klarna App. Possibility to upload and store your third party membership or loyalty cards for easy access to them when you shop. You can also link your loyalty memberships to Klarna, and provide us with your location, in order to receive relevant offers and be provided an overview of your loyalty membership information (“Loyalty Cards Feature”). You may only use the Loyalty Cards Service to store loyalty cards. The inclusion of a loyalty card in this feature does not imply a relationship between Klarna and the issuer of the loyalty card. You acknowledge and agree that Klarna takes no responsibility for the provision of the loyalty card or related services and benefits, or any damages, claims or other liability arising from, or related to, your use of the same. Earn cashback on your purchases through the Klarna App, either as a percentage of your total purchase amount or as a fixed sum (with certain exclusions). These "Cashback Deals" are limited-time promotional offers available at select stores. Each Cashback Deal comes with its own set of terms, which are outlined within the Cashback Deal in the Klarna App. An active Klarna balance account is necessary to receive your earned cashback. For more information about the cashback program or to understand any potential limitations, navigate to your Cashback home within the Klarna App. Klarna Extension is a browser extension of the Klarna app available for your web browser. By downloading and using the Klarna Extension you can access certain Services, including Klarna Rewards Points (“Points”) or the ability to request and use One-time Cards directly in your browser on the websites where this service is enabled in accordance with Klarna's internal policies. In order to use certain Services, including to create One-time Cards or earn Points, you will be required to login to your Klarna User Account (or create a new Klarna User Account) in the Klarna Extension. It is important that you keep your login details safe. Once logged in you will be kept logged in to the Klarna Extension until you actively log out or, until you have been inactive for 60 days, in which case you will be automatically logged out. See the Klarna Rewards Points Terms of Use for more information about accessing Points through the Klarna Extension. To avoid unauthorized use of your Klarna Extension or unintended disclosure of your personal data, make sure only you have access to your login details and that you always log out from your Klarna User Account if you leave your device unattended or the device is not secure or is accessible by other persons. You are solely responsible for any unauthorized use of your Klarna User Account or disclosure of your personal data due to loss of login details or leaving your device unattended. The Klarna Extension may only be used by a Klarna User Account holder and not by third parties. You may not grant any third party access to the Klarna Extension or your Klarna User Account for any purpose. Any such access by a third party shall be deemed an unauthorized access. Klarna updates the Klarna Extension continuously with new and improved features, and may do so without notice to you. Examples of Klarna Extension features that may be available to you, depending on your country’s version of the Klarna Extension, can include: Search tool to compare products, prices, merchants, etc. The ability to create and share collections of goods or services of your choice (Wishlists), and Our price compare tool. The price compare tool searches for better prices on the relevant Amazon website by comparing sellers for you. Please note that Amazon and Klarna are not affiliated. Prices on Amazon may change and the results of our price comparison tool are valid only at the time the comparison is made. Klarna does not become a party to any agreement that you conclude with Amazon and is also not liable for any issues arising from contractual relationships existing between you and third parties. Klarna always strives to provide you with as complete and accurate information as possible. However, we gather information from public-domain sources. Our intention is that all the information in relation to the price compare toll should be accurate and up-to-date. However, we cannot guarantee the reliability or the accuracy of the information. Applying for an interest-free payment plan from Klarna or a closed-end loan (with or without interest) from our banking partners will not leave a hard inquiry on your credit report or impact your credit score. You expressly authorize Klarna and any of our banking partners to obtain (for or on behalf of Klarna or any of our banking partners) consumer reports from consumer reporting agencies about you (1) when you request offers or apply for a loan, (2) periodically throughout the term of your loan (including up to 6 months after completing any purchase in order to provide you with any services and at any time during the servicing of your accounts, including during collections), and (3) from time to time in connection with any other services that we offer or that you may obtain from us. In each case you expressly authorize Klarna and our banking partners to use such consumer report about you, and information derived therefrom, in connection with: (i) your loan, including determining your eligibility, servicing or maintaining your loan or account, verifying your identity, verifying information you provide to Klarna or any of our banking partners, and for collecting any amount you owe to us, any of our banking partners, or any of our respective successors or assigns; (ii) marketing, including pre-qualifications and other forms of marketing such as emails or targeted advertising, for loans that may be provided by Klarna or any of our banking partners and any other service we offer or you obtain from Klarna or any of our banking partners through the Klarna Services; (iii) our internal use, including statistical analyses and to develop, improve, analyze, study, and maintain products and services Klarna or any of our banking partners’ offers or may offer through the Klarna Services; and (iv) providing you with information or Klarna Services, including to deliver services upon your request (such as Purchase Power or Pre-Qualification results). If You do not want Klarna and our financial institution partners to obtain consumer reports that are unrelated to an application for credit or servicing of an existing credit obligation, please call customer service at +1 888 518-2771, Monday-Friday from 8:00AM - 5:00 PM Eastern Time. We save information about your purchases and transactions (actual or planned) in the Klarna App. As a part of the Services provided under this Agreement, Klarna enables you to see information about your purchases and transactions in the Klarna App. If you want to learn more about how Klarna uses this information, and other information we have about you, please see our Privacy Policy. Klarna may offer you offers and benefits such as discounts, special events, pre-access to products, sales promotions, merchant offers, sampling and giveaways. What offers and benefits you may receive will be based on your previous actions such as number of purchases, purchase amounts or usage of the Services. To offer you the Services, we need to process your personal data - we encourage you to read our Privacy Policy for a more detailed understanding of how we process and protect your data. Our Privacy Policy is incorporated by reference into this Agreement, and by entering into this Agreement, you consent to the terms of our Privacy Policy. For complaints, the information provided on www.klarna.com applies. If you have a complaint towards Klarna, including any complaints relating to a loan or account offered by our financial institution partners, you can submit your complaint through the contact form on Klarna’s website (klarna.com) or via postal mail with the keyword "Complaint” to Klarna’s address. When making a purchase with Klarna you may configure and use a number of different funding sources, including debit or credit cards. You agree that any funding source you add may be saved to your Klarna User Account until you edit/remove it from your Klarna User Account or if the Klarna User Account is deleted. You represent that you are authorized to use any payment method you present to Klarna and authorize Klarna to (1) debit, withdraw or charge your payment method and (2) to initiate any credit, debit or charge to your payment method in order to process any returns, chargebacks, reversals, refunds, corrections or other necessary adjustments. All card payments are subject to authorization by your card issuer. Any use of information that does not belong to you or that you for other reasons are not authorized to use, or the use of the Services in a non-prescribed way, will be seen as a misuse. Any data relating to misuse or suspected misuse may be saved and used for future risk assessment and for the protection of involved parties. Klarna reserves the right to block the Services from further usage. As a user of our Services, you may, at your own discretion, upload, publish and share your content, such as collections, images, texts, nicknames, receipts, information on goods, product reviews, service or deliveries, or other content. You acknowledge that by sharing content you make it publicly available, meaning that information about you becomes available to others and may be used and shared further by other individuals. You may only upload, publish or share content which you have the right to use, upload, publish or share, and which does not violate applicable laws, this Agreement or a third party’s rights. You agree to not upload, publish or share content which we determine, in our sole discretion, (i) is unlawful, fraudulent, abusive or threatening; (ii) violates the rights of others; (iii) is offensive or criminal (such as agitation against ethnic groups, child pornography or unlawful depictions of violence); (iv) contains viruses, Trojan horses, spyware, adware, malware, or other harmful or damaging programming; (v) constitutes unsolicited advertising (spam); and/or (vi) constitutes any other form of harassment. Klarna reserves the right, without obligation, to monitor, review, adjust, inactivate or remove content, without notifying you or a third party, if we are required by law, or believe it is offensive, inappropriate, unlawful, violating the rights of others, or otherwise objectionable, in our sole discretion. You are solely responsible for your upload, publication and sharing of content, and agree to indemnify and hold harmless Klarna and its parents, subsidiaries, affiliates, employees, agents, successors, and assigns from any and all damages, loss or costs caused or incurred by your upload, publication or sharing of content, including in connection to third party claims against Klarna. You acknowledge and agree that if you upload, import or share content that is abusive, threatening or offensive, or violates, or Klarna may reasonably assume to violate, law or your agreement with Klarna, we may terminate or deactivate your use of the Services. You agree that your telephone communications with us, our financial institution partners, and each of our representatives, affiliates, agents and other service providers (the "Communicating Parties") may be monitored, recorded and retained by any of them, although they have no obligation to do so. You expressly authorize the Communicating Parties to contact you at any telephone number you provide to the Communicating Parties now or in the future, or any number you have previously provided to the Communicating Parties, using an autodialer, pre-recorded messages, and/or text messages, in order to provide alerts and other information regarding your current or future applications, agreements and accounts for all products you have had, currently have or may have with us. Message and data rates may apply. You also expressly consent to the Communicating Parties sending email messages to your email address at any time of the day or night, including emails delivered to a cell phone or mobile device. You agree that you will accept calls at your home, place of business or on a mobile telephone regarding this Agreement. You understand and agree that because calls may be automatically dialed and that a message may be automatically delivered or played, calls and messages may be read or listened to by anyone with access to your telephone or email account, and that such calls and messages are not "unsolicited calls" for purposes of any state or federal law, and you expressly consent to receive such calls and messages. You agree that the Communicating Parties are not liable for any resulting breach of privacy or for any charges or costs you incur in connection with text messaging, emails or other communications that the Communicating Parties may send you. You agree that this authorization constitutes a bargained for exchange and that, unless applicable law permits you such a right, you may not unilaterally revoke this authorization. To the extent you have a right to unilaterally revoke this authorization, you agree you may do so by writing to Klarna, P.O. Box 8116, Columbus, Ohio 43201. You further agree to electronic communications, as outlined in the Electronic Communication Agreement below. For more information about Klarna’s Short Message Service, see Terms and Conditions for Recurring Text Message Program. Klarna is not in any way responsible for the goods or services you order or purchase from merchants, including, without limitation, the quality of such goods and services and how and whether such goods or services are delivered. Klarna does not provide any endorsements or guarantees for any goods or services offered for sale on third party websites linked to the Klarna Services. Klarna does not warrant the accuracy or reliability of any information or marketing messages contained in the third party websites linked to the Klarna Services. You must contact the merchant to resolve any issues you have with respect to the goods and services you ordered or purchased from the merchant, including, without limitation, any issues relating to shipping and delivery, product warranty, product return, and the terms of any agreements you entered into with the merchant in connection with your order or purchase. Further, you may have certain dispute rights through your credit card issuer if you pay with a credit card. Any disputes filed with your credit card issuer shall be between you and the issuer, and Klarna shall not be held liable for such disputes. In connection with your use of the Klarna Services, you agree not to do any of the following: Breach the Agreement, the Klarna Privacy Policy, or any other agreement you have entered into with Klarna or in connection with a product offered through the Klarna App Klarna Extension, or any other of the Services; Infringe our intellectual property rights; Fail to provide us with any information about you that we may reasonably and legally request; or Reveal any PIN or similar code we send you to anyone else. We are not responsible for losses incurred by you, or by any person other than you, arising as a result of your misuse of your PIN or similar code. You may not attempt to reverse engineer, decompile, alter or modify any part of the Loyalty Cards Service, or otherwise attempt to derive the source code or algorithms of the Loyalty Cards Service. With respect to the Klarna Extension: Reverse engineer, decompile, disassemble, copy or otherwise derive the source code of, the Klarna Extension. Rent, sell, or sublicense the Klarna Extension. Access, distribute, reproduce, copy, retransmit, publish, sell, exploit (commercial or otherwise), or transfer any portion of the Klarna Extension, including but not limited to all Klarna content, services, digital products, tools or products. Export or re-export the Klarna Extension, or its underlying information and technology, into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Some features used by you, for example parcel tracking, may include services provided by a third party. Logistic companies’ tracking functions is an example of this. When you use features which rely on third party services you authorize Klarna to utilize those services on your behalf. We do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of those third party services. Your use of Google Maps in the checkout (for example by searching for your address in the address field) and the Klarna App is subject to the then-current Google Maps/Google Earth Additional Terms of Service and Google's Privacy Policy. Furthermore, to prevent abuse of Klarna’s App via web portal, Klarna may use reCAPTCHA, making you subject to Google’s Terms of Service and Privacy Policy. The Klarna App is available through third-party distribution platforms (“Application Stores”). You may be required to have a prior registration with the relevant Application Store. Klarna has no influence on the collection, processing and use of personal data by the respective Application Store operators. When you choose to connect your bank account to Klarna, including but not limited to for underwriting purposes or to authorize a direct debit (“Connected Bank Account Services”) you agree to comply with all applicable guidelines, rules, and instructions relating to such Services. You may not incorporate any portion of the Connected Bank Account Services into other programs or compile any portion of it in combination with other programs, or otherwise copy, reproduce (except to exercise rights granted in this section), transfer, modify, create derivative works of, distribute, resell, assign any rights to, license or sublicense the Connected Bank Account Services in whole or in part or use the Connected Bank Account Services for the benefit of any other entity. You may not attempt to access, decompile, reverse engineer or otherwise derive the source code for the Connected Bank Account Services. You may not attempt to access, reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Connected Bank Account Services, whether in whole or in part. To the extent permitted by law, Klarna, Klarna's financial institution partners and its service providers shall have no liability or further obligations relating to any delays, inaccuracies, or incomplete Connected Bank Account Services. You may not alter, remove or fail to include any copyright notice or other proprietary rights notices that appear on any user interfaces related to the Connected Bank Account Services or authorized reproductions thereof. Klarna partners with Prezzee, Inc., Tillo, and Blackhawk Network to allow you to purchase gift cards from a variety of stores (“Retailers”) using our payment methods. Klarna is not the issuer of any gift card and is not responsible for any liability you may incur in connection with any gift-card transaction. Klarna only provides different payment methods for you to purchase gift cards from third-party providers. You agree that Klarna is not responsible or liable in any way for your gift-card purchase, including any actions or non-actions of the gift-card issuer or any third party. Retailers are issuers of gift cards you may purchase and are fully responsible for all aspects of their gift-card programs, including any and all liabilities and costs incurred by you or any other party. Retailers set expiration dates for gift cards, in addition to other restrictions and requirements. Redemption of each gift card is governed by certain terms and conditions established by Retailers. Your purchase of a gift card may be subject to additional fees. Please review all agreements carefully as additional fees, terms and conditions may apply. You understand that your gift card purchase is governed solely by the Retailer’s gift-card terms and conditions. No physical card will be issued in connection with your gift-card purchase. We strongly advise you to review each applicable Retailer’s terms every time that you purchase a gift card. It is important that you review these terms carefully to ensure that you understand all terms and conditions applicable to your purchase. Klarna partners with our financial institution partners and other third parties to offer certain financial products and services. You agree our financial institution partners are not responsible or liable in any way for any aspect of your gift-card purchase or use. Klarna and its partners and affiliates have no obligation to resolve any dispute between you and any Retailer or between you and any third-party. Klarna is not responsible for the refund of purchase price or return of any products purchased from any Retailer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY GIFT CARD IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY GIFT CARD IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL LIABILITY, WARRANTIES AND CONDITIONS WITH RESPECT TO ANY GIFT CARD, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY GIFT CARD, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A GIFT CARD WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF A GIFT CARD WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN A GIFT CARD WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, ANY OF OUR AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY. Klarna and its partners and affiliates hold no liability for the sale of products or services provided to you by a Retailer or third-party suppliers. Klarna and its partners and affiliates are not responsible for examining or evaluating, and does not warrant or accept any responsibility or liability for the actions or offerings of any other third-party or the content of their websites. Klarna and its partners and affiliates are not responsible for any gift card that is lost, stolen, destroyed, or used without permission. We encourage all users to protect gift card information by viewing it in privacy to ensure no one views and records your gift card information. If you lose your mobile device please contact the third-party supplier immediately so they can put a hold on your account. We strongly encourage all users to have a passcode on your mobile device. Klarna and its partners and affiliates are not responsible if any gift card is rendered unsuitable for redemption through no fault of Klarna. In purchasing a gift card from a Retailer using Klarna, you hereby waive and release Klarna and its subsidiaries, affiliates, partners (including our financial institution partners), officers, directors, employees and agents from any liabilities arising from or related to any act or omission of a Retailer or third-party. PLEASE DO NOT PURCHASE ANY GIFT CARDS USING KLARNA SHOULD YOU NOT AGREE TO THESE TERMS. If you have purchased gift cards using Klarna and you require assistance, please call +1 888 518-2771 or contact Klarna Customer Service for more information. Klarna may offer you discounts when paying with Pay in full, Pay Later and Pay in 4 at Klarna’s partner stores’ checkout (‘Klarna Deal’). Klarna Deal is a discount offered by Klarna that will be automatically applied at checkout when paying with Klarna at Klarna’s partner stores (stores that offer Klarna as a payment option) through their websites or in the Klarna app. The Klarna Deals are not available through any third party websites or apps. Each Klarna Deals are subject to specific conditions, such as the discount percentage or amount, how to redeem it and the promotion period (‘Klarna Deal Terms’). You may access the Klarna Deal Terms via email, Klarna purchase flow or in the Klarna app. The Klarna Deal will apply to any Klarna Payment method available at the partner stores’ checkout, excluding the One-time Card and the Klarna Card. There is no requirement to use a Klarna loan product to benefit from the discount, you can pay with Klarna Pay in full. If more than one Klarna Deal is available at the same partner store, the highest discount will apply. The Klarna Deal will not be reflected in any receipt from the stores, please check your Klarna purchase receipt. Klarna reserves the right to modify the Klarna Deal based on availability, store participation, or due to technical issues, as well as the right to remove the Klarna Deal from customers who are suspected to be engaging in fraud. Klarna may get a commission from the store. All content included in or made available through our Services, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights), and is owned by Klarna or one of our affiliates (unless otherwise stated). The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in these Terms, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The trademarks, service marks and logos (the “Trademarks”) used and displayed in association with the Services are registered and unregistered Trademarks of Klarna. Other trademarks, service marks and trade names may be owned by others. Nothing on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Klarna intellectual property displayed in association with the Services. The name “Klarna” and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without prior written permission from Klarna. Should you decide to provide us with feedback, such as suggestions for service enhancement, please note that we reserve the right to utilize your feedback with no obligations to you. This could be incorporated into our business operations, service modifications, marketing strategies, or any other relevant areas applicable. This Agreement is in effect for an indefinite period of time. It applies until it is terminated by you or us and can be terminated at any time, except that the Mandatory Arbitration of Disputes section will still operate after termination. Please note that in case of a termination, the use of the Services, including any features provided in, or managed via, the Klarna App, may no longer be available. THE KLARNA SERVICES ARE PROVIDED “AS IS” AND KLARNA AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO YOUR USE OF THE KLARNA SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, KLARNA DISCLAIMS ANY AND ALL STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Klarna does not guarantee the continuous, uninterrupted, error-free or secure use of any part of the Klarna Services. Use of the Klarna Services may be interrupted due to events outside Klarna’s reasonable control, such as delays in the banking system or credit card networks. Klarna will use commercially reasonable efforts to process payments in a timely manner, but Klarna makes no representations or warranties regarding the time it takes to complete any transaction Klarna does not approve or control any third-party website or application and we are not responsible or in any way liable for their content. If you use such websites or applications from third parties, the terms and conditions for those websites or applications will apply to you. IN NO EVENT SHALL KLARNA OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR SUPPLIERS OF KLARNA OR ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE KLARNA SERVICES, KLARNA USER ACCOUNTS, KLARNA APP, THIS AGREEMENT OR THESE TERMS, WHETHER IN CONTRACT, TORT (WHETHER IN NEGLIGENCE OR STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY. THE LIABILITY OF THE ABOVE-MENTIONED PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KLARNA AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS OF KLARNA OR ITS AFFILIATES, ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE FOR, ANY DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF OR YOUR INABILITY TO USE ANY KLARNA SERVICE OR ANY KLARNA SITE; (2) DELAYS OR DISRUPTIONS IN ANY KLARNA SERVICE OR ANY KLARNA SITE; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING ANY KLARNA SERVICES; (4) GLITCHES, BUGS, ERRORS OR INACCURACIES OF ANY KIND IN ANY KLARNA SERVICES; (5) THE CONTENT, ACTIONS OR INACTIONS OF THIRD PARTIES, INCLUDING ANY THIRD PARTY WEBSITE OR APPLICATION LINKED TO ANY KLARNA SERVICES; (6) CLAIMS OF BREACH OF WARRANTY OR GUARANTEE; (7) GOODS AND SERVICES YOU PURCHASED FROM MERCHANTS, OR THE RETURN OF SUCH GOODS AND SERVICES; OR (8) CHANGES TO THIS AGREEMENT. These limitations and exclusions apply even if your remedies do not fully compensate you for any losses or if Klarna or its affiliates knew, or should have known, about the possibility of damages. You may not transfer or assign any rights or obligations you have under this Agreement. To the extent not otherwise already permitted by applicable law, we may transfer or assign this Agreement or any right or obligation under this Agreement at any time provided that such transfer does not alter your rights and obligations under this Agreement to your detriment. This Agreement, along with any applicable Klarna policies and other agreements that you have agreed to, sets forth the entire understanding between you and Klarna with respect to the Klarna Services. It supersedes any prior agreements between you and Klarna regarding your use of the Klarna Services. All parts of this Agreement apply to the maximum extent permitted by law. Unless stated otherwise in this Agreement, if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. This Agreement is for your and Klarna’s benefit. It is not for the benefit of any other person, except for Klarna’s parent and affiliates and our financial institution partners, which you agree are third party beneficiaries as to Klarna’s rights (including the no warranties, limitation of liabilities, and arbitration provisions) but not its liabilities under this Agreement, as well as Klarna’s successors and assigns. You agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Klarna, except as otherwise stated in this Agreement. Subject to the Mandatory Arbitration of Disputes Provision, you and we may also litigate any dispute in small claims court with jurisdiction over that dispute, if the dispute meets all requirements to be heard in the small claims court and remains in that court. You may litigate in small claims court whether or not you negotiated with Klarna informally first. If you apply for a loan or obtain a loan from WebBank or Celtic Bank, the application and terms of the loan will be governed by federal laws and the laws of the state of Utah to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction. Klarna Inc., P.O. Box 8116, Columbus, OH 43201. Klarna Customer Service. +1 888 518-2771. Important Information for South Dakota Consumers If there are any improprieties in making the loan or loan practices, please contact the SD Division of Banking: South Dakota Division of Banking 1714 Lincoln Ave, Suite 2 Pierre, SD 57501 (605) 773-3421. Important Information for Washington Consumers Fraudulent transactions may result in the loss of your money with no recourse. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. UNLESS YOU (1) ARE SUBJECT TO THE PROTECTIONS OF THE MILITARY LENDING ACT OR (2) OPT OUT IN ACCORDANCE WITH THE PROCEDURES DESCRIBED BELOW, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A JURY TRIAL OR A CLASS ACTION. Scope of Provision. Except as set forth in Section 2, you agree that any and all past, present or future disputes or claims, including without limitation (a) federal and state regulatory and statutory claims, (b) common law claims, (c) claims under local ordinances, (d) data breach or privacy claims and (e) claims based in contract, tort, intentional tort, fraud, misrepresentation or any other legal theory, arising out of or relating to the Terms for Klarna Shopping Service (“Agreement”), the Klarna Pay Later in 4 Agreement, the Klarna Pay Later By Card Terms, the Klarna Pay By Card Agreement or other agreements between you and Klarna (collectively, the “Klarna Agreements”), Services provided by Klarna, use of the Klarna App or Klarna Extension, or Klarna.com, purchases or payments you make, transactions you engage in, collection of amounts due, or the relationship between you and Klarna or our financial institution partners and their agents, employees, officers, directors, predecessors in interest, and successors and assigns (collectively, “Dispute(s)”) – at the election of you or us – shall be resolved exclusively through final and binding arbitration, as set forth in this Arbitration Provision, rather than in court before a judge or a jury. A “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of any Klarna Agreement as well as claims that may arise after the termination of any Klarna Agreement. This Arbitration Provision is also binding upon and may be enforced by any third party who is named in a claim asserted by you or us. Exceptions to Arbitration. a. If either party contends that the amount of a claim in a Dispute is within the jurisdiction of the small claims court (or an equivalent court), it may instruct the administrator to administratively close the arbitration case, prior to payment of fees, and direct that the claim be filed, if at all, in small claims court. Upon such a request by a party, the arbitration provider shall administratively close the arbitration proceeding. Any dispute about whether a claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the small claims court lacks jurisdiction over the action. Only in the event that the small claims court determines that it lacks jurisdiction over the Dispute may the arbitration provider reopen the arbitration case. You and we acknowledge that failure to comply with the provisions of this Section 2.a. would irreparably harm the party requesting administrative closure of the arbitration proceeding, and you and Klarna agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this Section 2.a. are resolved by the court. You and we do not have to arbitrate a small claim that is filed in small claims court, but if that claim is transferred, removed, or appealed to a different court, you or we may elect to compel arbitration. Moreover, if you or we bring any counterclaim or cross-claim that is for more than the small claims court’s jurisdiction, you or we can elect to have the entire claim (including the counterclaim or cross-claim) resolved by arbitration. b. This Arbitration Provision shall not apply to transactions subject to the Military Lending Act involving covered borrowers, as defined in the Act. Thus, if you are on active duty military service or a spouse or dependent of a person who is on such active duty military service and a claim involves a covered transaction under the Military Lending Act, this Arbitration Provision will be inapplicable to such claim. This Arbitration Provision shall be broadly construed and any dispute or arbitration hereunder will be governed by the Federal Arbitration Act (“FAA”), federal law, and the laws of the State of Ohio or the laws of the State of Utah as provided in the “Governing law, venue” section of the Agreement governing the parties’ transactions, without regard to principles of conflict of law, including any applicable statutes of limitations. The arbitrator’s award shall be final and binding, except for any appeal rights under the FAA, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Waiver of Jury Trial. IF A DISPUTE IS ARBITRATED, THE PARTIES WAIVE THEIR RIGHT TO RESOLVE THE DISPUTE IN COURT BEFORE A JUDGE OR A JURY. IF FOR ANY REASON A DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY OTHER AGREEMENT YOU HAVE WITH KLARNA OR THE RELATIONSHIP BETWEEN YOU AND THE OTHER PARTY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND THE OTHER PARTY EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. NO CLASS OR MASS ACTION (“Class and Mass Action Waiver”). YOU AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE OTHER PARTY AGREE OTHERWISE IN WRITING, AND EXCEPT AS PROVIDED IN SECTION 8.f., THIS ARBITRATION PROVISION WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS AND/OR REPRESENTATIVE ACTION AGAINST KLARNA, AND WILL ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF IN ANY CURRENT OR FUTURE CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS AND/OR REPRESENTATIVE ACTION BROUGHT AGAINST KLARNA BY SOMEONE ELSE. EXCEPT AS SET FORTH IN SECTION 8.f., THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. EXCEPT AS SET FORTH IN SECTION 8.f., THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) AVAILABLE IN AN INDIVIDUAL LAWSUIT ONLY EXCEPT AS SET FORTH IN SECTION 8.f. BELOW. Initial Dispute Resolution. Before submitting a claim for arbitration in accordance with this Arbitration Provision, you and we agree to try, for 60 days, to resolve any Dispute informally. This 60-day period begins when any party wishing to bring a claim provides a notice of the Dispute (“Notice of Claim”) to the other party, which shall include the sender’s name, address and contact information, the facts giving rise to the Dispute, and the relief requested. The Notice of Claim shall be an individualized claim specific to the individual bringing the claim. Any Notice of Claim to Klarna shall be sent to: [email protected] from the primary email address associated with your account. Klarna will not respond to any emails sent to this email address that do not relate to a Notice of Claim. Any Notice of Claim sent to you will be sent to the most recent email address Klarna has in its records for you. The personal participation includes a telephone settlement conference between you personally (along with your counsel, if you are represented) and Klarna if it is requested by the Party that receives the Notice. To minimize the cost and inconvenience to all parties, and to promote prompt resolution of Disputes, you and we agree that engaging in this initial dispute resolution process is a material term of this Agreement and a requirement that must be fulfilled before commencing any arbitration. You and we agree to act in good faith to resolve the Dispute before commencing arbitration in accordance with this Section 6. Compliance with Section 6. You and we agree that arbitration (as well as any obligation to pay arbitration fees) shall be stayed until the initial dispute resolution process in Section 6 is complete. You and we acknowledge that either party’s failure to comply with the provisions of this Section 6 would irreparably harm the other, and you and we agree that a court may issue an order staying arbitration (and any obligation to pay arbitration fees) until the initial dispute resolution process in Section 6 is complete. Arbitration Procedure. a. If you or we elect to arbitrate a claim, it will be resolved by mandatory binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, discovery is more limited, and court review of an arbitration award is very limited. However, an arbitrator will follow applicable substantive law consistent with the FAA and give effect to the applicable statute of limitations, defenses and privileges. The arbitrator can award the same damages and relief available in an individual lawsuit that a court can award, including monetary damages, punitive damages (subject to constitutional limits that would apply in court), attorneys’ fees and costs and injunctive or declaratory relief. An arbitrator also must follow the Agreement or any other agreement you have with Klarna as a court would. b. A claim may be submitted to binding arbitration at any time, regardless of whether you or we have previously initiated any lawsuit or other proceeding. If a party files a lawsuit in court asserting initial claims, counterclaims, cross-claims or third-party claims that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party asserting the claim(s) to start the arbitration proceeding in accordance with the administrator’s rules and procedures. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. c. Except as set forth Section 8.f., the arbitration will be conducted by FedArb under its rules and procedures. FedArb’s rules are available at https://www.fedarb.com. A form for initiating arbitration proceedings is available on FedArb’s website at https://www.fedarb.com/arbitration-submission-forms/. The arbitrator must be a retired judge or attorney with more than 10 years of experience. If FedArb cannot serve, the parties may agree on another administrator or arbitrator in writing. Absent such written agreement, a court with jurisdiction will select the administrator or arbitrator. Any administrator or arbitrator selected by the parties or a court will be bound by the terms of this Arbitration Provision. d. The arbitration shall be held in a location reasonably convenient to where you reside or at another mutually agreed upon location. Attendance at an in-person hearing may be made by telephone by you and/or the other party, unless the arbitrator requires otherwise. No arbitration award involving the parties will have any preclusive effect on any issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties be preclusive of any issues or claims in an arbitration between the parties to this Arbitration Provision. e. Expedited Arbitration. If the value of the relief sought is $10,000 or less, either you or we may elect to resolve the dispute under FedArb Rule 16 (Expedited Disposition), with administration by FedArb, provided, however, that such rules shall be modified as follows: i. Tribunal. The tribunal shall consist of a single arbitrator selected from FedArb’s list of panelists, unless the parties agree on three arbitrators, selected in accordance with the FedArb Rules. ii. Deadlines. No party may ask the tribunal, and no arbitrator may ask the parties, for an adjournment of any deadline; adjournments may only be implemented as agreed by all parties, or for good cause as determined by the FedArb administrator. iii. Place of Arbitration. Arbitrations shall be held at a venue that minimizes costs; telephonic or video hearings will be utilized whenever possible. iv. Applicable Law. All disputes shall be resolved in accordance with the laws of the State of Ohio or the laws of the State of Utah as provided in the “Governing law, venue” section of the Klarna Agreement governing the parties’ transactions, without regard to its rules regarding conflicts of law. v. Procedural Order and Timetable. As soon as practicable, and no later than 30 days after Respondent’s Answer is filed, the tribunal shall confer with the parties and issue a procedural order and timetable that reserves agreed dates for the hearing on the merits and such preliminary deadlines as may be appropriate. There are to be no motions to enforce discovery requests, to dismiss, for summary judgment, or for any other form of relief except (1) by agreement of all parties, or (2) upon a determination by the tribunal that the motion is necessary and likely to enhance efficiency. vi. Documentary Discovery. All parties shall provide discovery of nonprivileged documents relevant to any party’s claim or defense and proportional to the needs of the case (as measured by the standards set forth in Federal Rule of Civil Procedure 26(b)) within 45 days of the final pleading; only documents produced in discovery shall be permitted to be introduced into evidence absent a showing that the document was unavailable for earlier production. vii. Requests for Admissions Prohibited. The parties shall submit an Agreed Statement of Facts at least thirty days before the hearing. viii. Depositions. No depositions shall be held except by agreement of the parties, or upon a showing that the interests of justice require the pre-hearing testimony of a particular witness. ix. Expert Discovery. Experts shall be used only on issues requiring expert testimony, and only upon agreement; expert testimony shall be provided in writing, at least 30 days in advance of the hearing, and an expert’s oral testimony shall be limited to the scope of the expert’s written testimony. x. Pre-hearing Briefs. The parties shall file pre-hearing briefs only if they agree such briefs are necessary, and with the tribunal’s approval on such conditions as to scope and length as the tribunal considers appropriate. xi. Exhibits. The parties shall file a single set of all the exhibits they agree should be admitted into evidence. All other exhibits shall be party-designated. Paper copies shall be filed only as required by the tribunal, which shall be provided with digital versions of all papers and exhibits in a convenient format. xii. Hearing. The hearing shall be recorded in an economical manner, and transcripts will be ordered only as required by the parties or tribunal. Hearing time shall be divided equitably among the parties, unless otherwise agreed. xiii. Post-hearing Briefs & Oral Argument. Post-hearing briefs shall be filed only on agreement by the parties and with the tribunal’s consent; they shall generally be considered unnecessary where the parties have filed pre-hearing briefs. Oral argument shall be held whenever possible as a substitute for briefing and as promptly after the close of the hearing as possible. xiv. Award. The parties shall agree on the form of award no later than the completion of the hearing. An Award may be formal (including findings of fact and conclusions of law), reasoned (setting out the tribunal’s reasoning in a logical but informal manner, or conclusory (setting out the tribunal’s conclusions without reasoning). In the absence of agreement, the Award shall be reasoned. The tribunal may issue partial final awards where necessary. xv. Finality. The parties agree that the Award (or awards) shall be final, except as provided in the Federal Arbitration Act and other governing authorities, and that they waive any right to a trial by jury. The parties may agree at any time during the arbitration process on a right to appeal to a panel of FedArb arbitrators as provided in FedArb Rule 12. f. Initiation of Mass Arbitration. If 20 or more demands for arbitration are filed relating to the same or similar subject matter, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” i. If a Mass Arbitration is commenced, you and we agree that it shall be governed by FedArb’s Rules, including FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL, available at https://www.fedarb.com/, but excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under the rules set forth in this Agreement. The FedArb Rules are available at https://www.fedarb.com/ or by calling 1-650-328-9500. ii. Before any Mass Arbitration is filed with FedArb, you and we agree to contact FedArb jointly to advise that the parties intend to use FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass Arbitration shall be submitted on FedArb’s claim form(s) and as directed by FedArb. iii. Consistent with Section 7 above, you and Klarna agree that if either party fails or refuses to commence the Mass Arbitration before FedArb, you or Klarna may seek an order from a court of competent jurisdiction compelling compliance with this Section 8.f. and compelling administration of the Mass Arbitration before FedArb. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and Klarna acknowledge that either party’s failure to comply with the provisions of this Section 8.f. would irreparably harm the other, and you and Klarna agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this Section 8.f. are resolved by the court. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and fees and costs in arbitration in accordance with the applicable arbitration rules unless the arbitrator finds that either the substance of the Dispute or the relief sought in the claim was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Klarna need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the initial dispute resolution process in Section 6 and the mass arbitration process in Section 8.f., is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs. 30-day Opt-out Right. NOTWITHSTANDING THE FOREGOING, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION. IF YOU OPT OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE YOU FIRST USE THE KLARNA SERVICE OR OTHERWISE ACCEPT THIS AGREEMENT (THE “OPT OUT DEADLINE”). YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FULLY COMPLETING, SIGNING AND DATING THE ARBITRATION OPT-OUT NOTICE FORM LOCATED AT Arbitration Opt-Out Notice (https://cdn.klarna.com/1.0/shared/content/legal/en_us/arbitration/opt_out_notice.pdf) AND MAILING IT TO KLARNA VIA FIRST-CLASS MAIL AT THE FOLLOWING ADDRESS: Klarna Inc., Attn: Arbitration Opt-Out P.O. Box 8116, Columbus, Ohio 43201 ANY ARBITRATION OPT-OUT NOTICE RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION OR SMALL CLAIMS COURT. IF YOU DO NOT OPT OUT WITHIN 30 DAYS FROM THE DATE YOU FIRST USE THE KLARNA SERVICE OR OTHERWISE ACCEPT THE AGREEMENT, THIS ARBITRATION PROVISION WILL BE PART OF ALL OTHER AGREEMENTS YOU HAVE WITH KLARNA NOW OR IN THE FUTURE. IF YOU DO OPT OUT WITHIN 30 DAYS FROM THE DATE YOU FIRST USE THE KLARNA SERVICE OR OTHERWISE ACCEPT THE AGREEMENT, ALL OTHER AGREEMENTS YOU HAVE WITH KLARNA NOW OR IN THE FUTURE WILL NOT BE SUBJECT TO THIS ARBITRATION PROVISION. Prior Arbitration Provision. If there is an Arbitration Provision in place (a “Prior Arbitration Provision”) governing a prior agreement between you and Klarna (a “Prior Agreement”) and you do not reject this Arbitration Provision, claims subject to the Prior Arbitration Provision will be governed by this Arbitration Provision instead, unless you served notice of your claims on Klarna or initiated a lawsuit or arbitration against Klarna asserting your claims prior to the effective date of publication above. Survival, Conflict, Severance. This Arbitration Provision will survive the termination of any agreement you have with Klarna and any bankruptcy. In the event of any conflict or inconsistency between this Arbitration Provision, on the one hand, and the administrator’s rules or the Agreement or other agreement you have with Klarna, on the other hand, this Arbitration Provision will govern. If any part of this Arbitration Provision is found to be invalid or unenforceable, then that specific part shall be severed, and the rest of this Arbitration Provision will continue in full force and effect, except that at either your or our election the entire Arbitration Provision (other than this sentence) may be null and void with respect to any claim asserted on a class, representative or multiple-party basis that does not seek public injunctive relief if the Class and Mass Action Waiver is held to be invalid with respect to such claim and that determination becomes final after all appeals have been exhausted. If a court decides by means of a final decision, not subject to any further appeal or recourse, that the Class and Mass Action Waiver is invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts. All other disputes shall be arbitrated or litigated in small claims court. Future Changes to This Arbitration Provision. Notwithstanding any provision in this Agreement or any other agreement you enter into with Klarna to the contrary, you agree that if we make any change to this Arbitration Provision (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. By using the Services offered by Klarna, Inc. and/or applying for credit issued by us or our financial institution partners, you consent and agree that: Klarna Inc. and our financial institution partners can provide all communications, payment information, terms, disclosures required by law and other information (collectively, “Communications”) to you electronically during the course of our relationship, including via any Klarna or our financial institution partners' site, app, or the email address(es) that you provided to us. You are providing your consent to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and our intent is that the statute applies to the fullest extent possible. You will access and retain any Communication received from us. This consent applies to any Communication in connection with any Klarna Services or loan issued by our financial institution partners or, including all future Communications from Klarna or our financial institution partners, unless you have withdrawn your consent by the procedure outlined below in “Withdrawing Consent”. You may request paper copies of any legal disclosures by writing to us at “Customer Service, Klarna, P.O. Box 8116, Columbus, Ohio 43201.” A fee of $5USD will apply for each paper copy request. You understand and acknowledge that, in order to access and retain Communications, you will need the following: A computer or a mobile device with an internet connection. A current web browser that includes at least 128-bit encryption with cookies enabled. A valid email address. Sufficient storage space to save past Communications or a means to print them. Withdrawing consent If you’d like to withdraw your consent to receive Communications electronically, you may contact us in writing at “Customer Service, Klarna Inc. P.O. Box 8116, Columbus, Ohio 43201”. If your consent is withdrawn, you may be prohibited from obtaining credit or using the Klarna Services. Requesting paper copies You may also request paper copies of any specific Communication within 180 days of the date of the Communication without withdrawing your electronic communications consent given in this Agreement. To request a paper copy, please contact us in writing at “Customer Service, Klarna Inc. P.O. Box 8116, Columbus, Ohio 43201”. A fee of $5 USD will apply for each paper copy request. Updating your contact information It is your responsibility to ensure that Klarna and our financial institution partners have your current email address, so that we can communicate with you electronically. Keeping your information up-to-date is also important in order to keep your account secure and to keep the access to your account. If you need to update your primary email address, please contact us to make the change. If we send you an electronic Communication that you don’t receive due to an outdated email address, we will maintain the position that the Communication was provided to you. Klarna Rewards Points is a Klarna Service that provides you the opportunity to earn Rewards Points (“Points”) and other rewards on eligible purchases made at participating stores (“Affiliate Stores”), as well as access to digital coupons and discount codes which can be used at Affiliate Stores (“Coupons”). These Klarna Rewards Points Terms of Use (“Rewards Points Terms”) govern your receipt and use of Rewards Points, Coupons and other Klarna Rewards Points services and are part of and subject to the Terms for Klarna Shopping Service. Where a conflict arises between these Rewards Points Terms and the Terms for Klarna Shopping Service, these Rewards Points Terms will control. If you do not agree to these Rewards Points Terms, you may not use Klarna Rewards Points. You may only use Klarna Rewards Points for personal use. Subject to applicable law, Klarna reserves the right to update, reduce or terminate any or all aspects of Klarna Rewards Points, at any time and with or without notice. All rights to Klarna Rewards Points are reserved by Klarna under the copyright laws of the United States. AS FURTHER DESCRIBED IN THESE REWARDS POINTS TERMS, IN ORDER TO EARN AND RECEIVE REWARDS POINTS, YOU MUST (1) INSTALL THE KLARNA DESKTOP EXTENSION ON YOUR DEVICE, (2) HAVE AN ACTIVE KLARNA USER ACCOUNT, AND (3) HAVE A MAILING ADDRESS IN THE UNITED STATES (OR ITS TERRITORIES) ASSOCIATED WITH YOUR KLARNA USER ACCOUNT TO RECEIVE YOUR REWARDS POINTS CHECK. If you do not have a Klarna User Account, you must create one in order to earn and receive Rewards Points. If you do not have a U.S. mailing address, you will not be able to receive your check. Earning Rewards Points Rewards Points are available when you purchase eligible item(s) at Affiliate Stores. In order to earn Points, you must: Install the Klarna Extension, Enable cookies on your device, Log into your Klarna User Account through the Klarna Extension, Activate an available Rewards Points offer, and Shop on the Affiliate Store’s website while the Klarna Extension is active. If you disable ‘cookies’ on your device or do not log into your Klarna User Account, we cannot track your purchases and you will not be able to earn Points. If you use or activate a different rewards, cash back, or points service not offered by Klarna (for example, by installing and activating a different cash back/points/rewards browser extension), you may not be eligible to earn Points. Points you earn are calculated by the Affiliate Store, and are generally based on your net purchase amount, which is the total price paid (including discounts) for eligible item(s), excluding taxes, fees, shipping, gift-wrapping, extended warranties and other charges added to the purchase price. If you return an item or your purchase is canceled, we will adjust your Points accordingly. The amount of Points you earn may differ by Affiliate Store and/or by product, as further described on the Klarna website and/or within the Klarna Extension, which may be updated at any time without notice. Points amounts vary by store and product category and may contain exclusions in the terms of the offer and/or the applicable store page, and may change at any time without notice. Please review these terms carefully before making a purchase. Items such as gift cards and other cash equivalents are not eligible for Points. If any eligible purchase is denominated in a currency other than United States Dollars, the amount of Points you earn may be based on currency conversion rates used by the Affiliate Store, any financial institutions providing services to Klarna or the Affiliate Store, or determined by us in our sole discretion using prevailing currency exchange rates. Your Points will be posted to your Klarna User Account as “Pending” within thirty (30) days of the date on which an Affiliate Store reports your transaction to Klarna. When the Affiliate Store’s window for returning goods closes, your Points status will change to “Locked.” During this Locked time period, your Points may be adjusted to account for updated information from the Affiliate Store, such as for returns, cancellations or other activities affecting the amount of Points you should earn. After the Locked time period ends, your Points status will change to “Available,” and will be eligible for Payout as further described in these Rewards Points Terms. You can view the status of your Points, and recent Points earning or Payout history, at any time by logging into your Klarna User Account from the Klarna App or the Klarna website. There may be delays in posting Points to your Klarna User Account due to delayed processing and reporting by the Affiliate Store. If an Affiliate Store does not report your purchase, we may not be able to post Points to your Klarna User Account. Klarna reserves the right to delay or adjust when and how many Points post to your Klarna User Account, including due to changes by an Affiliate Store to its store policies. It is your responsibility to check your Klarna User Account regularly to ensure that Points have been properly credited to your Klarna User Account. If you believe that any Points have been incorrectly credited or are missing, you must contact Klarna Customer Service within 60 days of the associated transaction and we will adjust your balance for any inaccurate or missing Points if we are able to confirm you earned such Points. Should you disagree with any adjustment we make to your Points balance, if any, your sole remedy is to stop using Klarna Points. Receiving Payment When your “Available” Points balance reaches at least $25.00 in Points earned (25 points) from making eligible purchase(s) at Affiliate Stores, you are eligible to receive that amount (a “Payout”) by mailed check, or by other means that we may make available to you from time to time. We make Payouts by check automatically at the end of each calendar quarter. Payouts by check are sent to the mailing address associated with your Klarna User Account. If you do not have a valid mailing address in the United States or its territories associated with your Klarna User Account, you will need to provide one to us before you are eligible to receive a Payout. Klarna is not responsible for lost mail or any other event or delay beyond the control of Klarna, including if you provided an incorrect mailing address, the delivery service lost your mail, or you take any action that would prevent you from receiving your Payout, if at all. Be sure to cash or deposit your Payout check before the expiration date printed on the check, otherwise the check may become void and you will need to wait until the next calendar quarter for another check to be mailed to you. Based on where you live and the federal, state, and local tax laws that may apply to you, you may be taxed on Payout amounts that you receive. Klarna may, but is not obligated to, provide you with notices regarding any potential taxes that may apply. In all instances, you will be solely responsible for reporting any such funds to the applicable taxing authorities and for paying any and all taxes arising out of any consideration received by you from Klarna or otherwise as a result of your participation in Klarna Rewards Points. Coupons In addition to Rewards Points, Klarna may display personalized and/or non-personalized Coupons to you through the Klara Desktop Extension. If you are not logged into your Klarna User Account, we may only present you with non-personalized Coupons, and may not be able to present any personalized Coupons to you. However, as discussed in the Earning Rewards Points section above, you must be logged into your Klarna User Account to track and earn Points and receive Payouts. While we try to find you the best available Coupons, and to identify low prices, we may not always find you the best deal. Klarna is not responsible for any missed savings or rewards opportunities. We are also not responsible for changes to, limitations or restrictions on, or the inapplicability or discontinuance of, any Coupon when you attempt to apply that Coupon to your purchase. Other Rewards From time to time, Klarna may offer you the opportunity to earn other rewards, including cash bonuses, such as if you become a new Klarna user or for referring friends or family to become new Klarna users. Such offers may be subject to additional terms and conditions, which will be presented to you at the time of the offer, including that any cash bonuses will only be paid to you after you have earned at least $25 in “Available” Points earned from eligible purchases at Affiliate Stores. Affiliate Stores You understand that any Affiliate Store presented in the Klarna Extension or the ability to link to an Affiliate Store’s website, does not imply in any way that Klarna endorses or has a direct business relationship with the Affiliate Store. You agree that Klarna bears no responsibility or liability for any content accessed or harm caused from an Affiliate Store’s website. An Affiliate Store may collect information about you, and treat such information differently than Klarna, so we encourage you to carefully read and review the privacy policy and terms of use for each Affiliate Store website that you visit. Furthermore, any product purchased from any Affiliate Store is governed by and subject to the Affiliate Store’s policies, such as refunds, returns, exchanges and shipping policies. You acknowledge that Klarna and each Affiliate Store operate independently from one another and no Affiliate Store is under Klarna’s control. Klarna is not responsible for changes to, or discontinuance of, any Affiliate Store or its policies, for any Affiliate Store’s withdrawal from participating in Klarna Rewards Points, or for any effect on Points due to such changes, discontinuance, or withdrawal. Prohibited Use In order to participate in Klarna Rewards Points, you agree not to do any of the following: Assign your rights, including any Points balance, to any other party, or combine your Points balance with that of another Klarna user or Klarna User Account. Request, encourage or cause any person (including any other Klarna user or an Affiliate Store) to discontinue their participation in Klarna Rewards Points or to become users or partners of any other online or offline points, cash back, coupon or other service that is similar to Klarna Rewards Points. Use scripts or disguised redirects to derive financial benefit from Klarna. Knowingly take any action, or attempt to take any action, that is intended to manipulate your Points earnings or circumvent any limitation, restriction or control on Klarna Rewards Points that we may implement from time to time. By participating in Klarna Rewards Points, including the use of the Klarna Extension, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. Your participation in Klarna Rewards Points, including your eligibility to earn Points, receive Payouts or use Coupons, is subject to your compliance with these Rewards Points Terms. Your violation of any of these Rewards Points Terms or the Terms for Klarna Shopping Service may result in the termination of your Klarna User Account and/or the forfeiture of your accrued Points or other rewards, to the extent permitted by law.1. Changes to this Agreement
2. Eligibility
3. Smoooth User Experience - Klarna User Account, Autofill, “Remember me”, and Sign In With Klarna (SIWK)
3.1 Creation of a Klarna User Account
3.2 Autofill/auto-login during checkout at a store or checkout provider
3.3 Payment methods are displayed according to your preferences and eligibility
3.4 Remember your selected card and bank details
3.5 Sign In With Klarna (SIWK)
4. Klarna App
5. Klarna Extension
6. Permission to obtain and use credit reports
7. Show purchases and transactions
8. Offers and benefits
9. Privacy and your personal data
10. Complaints
11. Card Payments and authorization to charge payment method
12. Misuse of Information
13. User Posted Content
14. Telephone Communication Monitoring and Contacting You
15. Your relationship with merchants
16. Prohibited activities
17. Third-party services
18. Connecting Your Bank Account
19. Gift Cards
20. Klarna Deals
21. Intellectual property and trademark
22. Duration and termination of this Agreement
23. No warranties
24. Limitation of liability
25. Assignment
26. Contract interpretation
27. No third-party beneficiaries
28. Governing law, venue
29. Klarna Contact Information
State Disclosures
Mandatory Arbitration of Disputes
Electronic Communication Agreement
Klarna Rewards Points Terms of Use