8 Total
3 High severity
5 Medium severity
0 Low severity
Summary

This document establishes the Terms of Use governing access to Mercury's business banking platform, including checking accounts, savings products, credit cards, and lending services. The agreement requires disputes to be resolved through binding individual arbitration and prohibits class action lawsuits, with an opt-out mechanism available within 30 days of account creation via written notice. Mercury's liability is capped at the amount paid by the user in the prior 12 months or $100, whichever is greater.

Technical / Legal Breakdown

This document governs use of Mercury's website at mercury.com and its associated financial services platform, establishing the legal basis for the relationship between Mercury Financial LLC and its users under a standard click-wrap agreement. The terms authorize Mercury to terminate or suspend access at any time without prior notice, assert a broad limitation of liability capping Mercury's exposure to amounts paid by the user in the preceding twelve months or one hundred dollars, and require users to indemnify Mercury against third-party claims arising from their use of the platform. The mandatory arbitration clause and class action waiver are operationally significant: the agreement states that disputes must be resolved through binding individual arbitration rather than court proceedings, eliminating collective action rights that would otherwise be available under applicable law; users retain a 30-day opt-out window from the date of account creation. The document engages federal financial services regulation including Bank Secrecy Act compliance obligations, anti-money-laundering requirements, and CFPB oversight applicable to Mercury's banking partners; California residents may have additional rights under the CCPA that the terms do not fully address, and the enforceability of certain arbitration provisions may vary by jurisdiction.

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1 important change detected

2 versions captured · Last updated: May 2026

May 29, 2026

medium
What changed Mercury updated its Terms of Service on May 29, 2026 to add a new section governing Mercury Invoicing when merchants use it to receive payments via ACH. The updated terms establish that when a payer submits an ACH payment on an invoice you issued, Mercury applies a risk-based hold period of 1, 2, or 4 business days before crediting the funds to your account, determined by Mercury at its sole discretion based on transaction and payer risk factors. The updated terms also require Mercury to display an estimated funds availability date in your Invoicing dashboard for each incoming payment.
Why this matters The updated terms establish that when customers pay invoices you issue through Mercury Invoicing via ACH debit, Mercury will apply a hold period before crediting the funds to your account. The hold period is determined by Mercury in its sole discretion based on risk factors related to the transaction, payer, and payment history, and may range from 1 to 4 business days from the date the ACH debit is initiated. Mercury will display an estimated funds availability date for each incoming invoice payment in your Invoicing dashboard.
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Recent Provision Changes May 29, 2026

8 provisions unchanged.

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High — 3 provisions
Medium — 5 provisions

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Cross-platform context

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Mapped Governance Frameworks

CFAA
United States Federal
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EFTA / Reg E
United States Federal
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ePrivacy Directive
European Union
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FAA
United States Federal
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FTC Act Section 5
United States Federal
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Archival ProvenanceSource & Archival Record
Last Captured May 29, 2026 00:46 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000529
Version ID CA-V-003115
SHA-256 76b657e723b93a95bf9ea0d55b59247d18fd612afbaee06c4142cfc1e2304412
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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