As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: silent
No provision on this field was extracted from the captured text.
Company’s fee promise
Reviewed category: silent
No provision on this field was extracted from the captured text.
Fee or cost shifting against the consumer
Reviewed category: loser-pays-on-motion-to-compel
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.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
you and we agree to try, for 60 days, to resolve any Dispute informally. ... 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.
Mass-arbitration terms
Reviewed category: incorporates-provider-rules-only
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.” ... 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
Small-claims carve-out
Reviewed category: available-standard-carve-out
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.
Opt-out
Reviewed category: general-with-window
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 ... 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.
Unilateral modification
Reviewed category: supersedes-prior-arbitration-agreement
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.
Scope
Reviewed category: broad-plus-survives-termination
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. ... This Arbitration Provision will survive the termination of any agreement you have with Klarna and any bankruptcy.
Confidentiality of the arbitration
Reviewed category: proceeding-confidential
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.
Shortened limitations period
Reviewed category: named-state-limitations-period-applies
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.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
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.
Counsel or representation restrictions
Reviewed category: personal-participation-or-signature-required
The Notice of Claim shall be an individualized claim specific to the individual bringing the claim. ... 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.
Mass-arbitration numeric trigger
Reviewed category: number-stated-procedure-deferred
Stated term: “20 or more” demands for arbitration — recorded as 20
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
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