Your use of Adyen must comply with a separate Acceptable Use Policy that Adyen can change at any time, and changes to that policy automatically become part of your contract.
This analysis describes what Adyen's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Because the Acceptable Use Policy is incorporated by reference and can be updated unilaterally, changes to what Adyen considers acceptable business activity can alter your contractual obligations without a new signature.
Interpretive note: The specific notice period, if any, for AUP updates could not be confirmed from the truncated document text.
This provision means that merchants are bound not just by the terms they signed, but by a separate policy document that can change over time, potentially reclassifying their business activity as non-compliant without their affirmative agreement to the new terms.
How other platforms handle this
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We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms...
If you choose to open an Account, Afterpay may send you SMS messages. You agree to receive SMS messages at any time of day to each telephone number provided by you to Afterpay, regardless of whether such telephone number is on a corporate, state or federal do-not-call registry. You certify, represen...
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"You agree to comply with Adyen's Acceptable Use Policy, as updated from time to time, which forms part of these Terms and Conditions. Adyen reserves the right to update the Acceptable Use Policy at any time.— Excerpt from Adyen's Adyen Terms
REGULATORY LANDSCAPE: The incorporation of external policy documents by reference is standard in payment processing contracts, but the combination of unilateral amendment rights with termination powers creates a compliance governance challenge. Where policy changes affect merchants' ability to operate in regulated industries, the changes may engage sector-specific licensing or regulatory frameworks. GDPR may be relevant where AUP changes affect how Adyen or merchants process personal data in connection with transactions. GOVERNANCE EXPOSURE: Medium. Unilateral amendment of incorporated policy documents is common in payment processing but creates ongoing compliance monitoring obligations for merchants. The risk is elevated for merchants in industries subject to evolving card scheme risk classifications, where AUP updates may reflect network-level rule changes. JURISDICTION FLAGS: In the EU, consumer contract regulations and, in some member states, B2B unfair terms legislation may constrain the enforceability of unilateral amendment rights where changes are material and merchants have no practical ability to exit without significant cost. UK unfair terms legislation may apply similar reasonableness tests. CONTRACT AND VENDOR IMPLICATIONS: Legal teams should negotiate a minimum advance notice period for material AUP changes and a right to terminate without penalty if an AUP change renders continued compliance commercially impractical. Procurement teams should implement a process for monitoring Adyen policy update notifications. COMPLIANCE CONSIDERATIONS: Merchants should subscribe to Adyen policy update notifications and maintain an internal log of AUP versions applicable at each point in their contract term. Any industry-specific compliance program should account for the possibility that AUP changes may affect permitted transaction types or merchant category code classifications.
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Because the Acceptable Use Policy is incorporated by reference and can be updated unilaterally, changes to what Adyen considers acceptable business activity can alter your contractual obligations without a new signature.
This provision means that merchants are bound not just by the terms they signed, but by a separate policy document that can change over time, potentially reclassifying their business activity as non-compliant without their affirmative agreement to the new terms.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
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