Mercury prohibits using its platform for illegal activities, sending spam, disrupting the service, or transmitting harmful content, and violations can result in account termination.
This analysis describes what Mercury'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
Mercury's broad acceptable use restrictions mean that a good-faith business activity that Mercury later determines falls outside permitted use could result in account suspension without prior notice, cutting off access to business funds.
Interpretive note: The phrase 'otherwise objectionable' grants Mercury broad interpretive discretion, and the scope of activities that may trigger enforcement is not exhaustively defined, creating uncertainty for users in novel or regulated industries.
Mercury's updated terms establish detailed rules for how recurring autopay works on invoices. Under the revised language, payers authorize recurring ACH debits through a separate addendum, Mercury will not retry failed payments (except once if caused by a Mercury system issue), and autopay authorization will automatically cancel after two consecutive failures in a series. You can prevent autopay cancellation by ensuring payers have sufficient funds, re-enrolling the payer, or requesting manual payment if the series fails twice.
View change record →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.
View change record →The acceptable use policy gives Mercury broad discretion to determine what constitutes a policy violation and terminate accounts accordingly, which creates risk for businesses in industries that may be subject to Mercury's interpretation of permissible activity.
How other platforms handle this
Your use of certain Services may also be subject to acceptable use policies, available at xfinity.com/policies. For example, our Acceptable Use for Xfinity Internet Policy is available at xfinity.com/Corporate/Customers/Policies/HighSpeedInternetAUP.
You may not use the Service in a manner that violates any applicable laws or regulations, interferes with or disrupts AT&T's network, harms other users, or in ways that AT&T determines in its sole discretion are excessive, abusive, or otherwise inconsistent with AT&T's network management practices.
You may not access or use, or help another person to access or use our Services in any of the following circumstances: In violation of any applicable law or regulation. To develop products or services that compete with our Services, including to develop or train any artificial intelligence, machine ...
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"You agree not to engage in any of the following activities: using the Services for any unlawful purpose or in violation of any regulations; using the Services to transmit or store any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable; using the Services to send unsolicited communications; interfering with or disrupting the Services or servers; and using the Services in any manner that could damage, disable, overburden, or impair the Services.— Excerpt from Mercury's Mercury Terms of Service
REGULATORY LANDSCAPE: Acceptable use restrictions in financial services platforms interact with Bank Secrecy Act requirements, FinCEN anti-money-laundering obligations, and OFAC sanctions compliance. Mercury and its banking partners are required to implement these restrictions as part of their regulatory compliance obligations, so the acceptable use policy partially reflects legal requirements rather than purely contractual preferences. The FTC's authority over unfair or deceptive practices may be relevant if the restrictions are applied in ways that are materially broader than users would reasonably expect. GOVERNANCE EXPOSURE: Medium. The broad language of the acceptable use restrictions, particularly the reference to activities that are 'otherwise objectionable,' gives Mercury significant discretionary authority to determine what constitutes a violation. For businesses in industries that may be viewed as adjacent to restricted activities, such as cannabis-adjacent businesses, cryptocurrency, or adult entertainment, this discretion creates meaningful account termination risk. JURISDICTION FLAGS: Businesses operating in state-legal industries that remain federally restricted, such as cannabis, face heightened exposure under Mercury's acceptable use policy given its banking partners' federal regulatory obligations. State-level legal protections for lawful business activities may not override Mercury's contractual right to restrict platform access based on its own risk assessment. CONTRACT AND VENDOR IMPLICATIONS: Businesses should review Mercury's acceptable use policy in detail before onboarding and confirm with Mercury support that their specific business activities are within permitted use. Businesses in regulated or novel industries should seek explicit written confirmation rather than relying on their own interpretation of the acceptable use terms. COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether their business activities fall within Mercury's acceptable use parameters and implement monitoring to ensure ongoing compliance. Any changes to business activities or payment types should be reviewed against Mercury's acceptable use policy before implementation to reduce the risk of unexpected account action.
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Mercury's broad acceptable use restrictions mean that a good-faith business activity that Mercury later determines falls outside permitted use could result in account suspension without prior notice, cutting off access to business funds.
The acceptable use policy gives Mercury broad discretion to determine what constitutes a policy violation and terminate accounts accordingly, which creates risk for businesses in industries that may be subject to Mercury's interpretation of permissible activity.
ConductAtlas has identified this type of provision across 14 platforms. See the full comparison.
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