California Governing Law Internal Substantive

The updated terms establish that third-party promotional partners may change or discontinue perks at any time, including after you have met a perk's eligibility or redemption requirements. Mercury states it will not be responsible for honoring, fulfilling, or subsidizing a perk that a partner modifies or discontinues, and directs you to contact the partner directly if a perk is discontinued or not honored. This means a promotional offer you qualified for could be withdrawn or modified by the partner without Mercury's involvement or recourse through Mercury.

The updated terms establish new procedures for automatic recurring invoice payments. Under the revised language, when a payer enables autopay, Mercury does not guarantee that recurring payments will process, and if two consecutive payments fail, the payer's autopay authorization is automatically cancelled without advance notice. The terms also state that Mercury will not re-attempt failed recurring payments except when a Mercury system issue caused the failure (in which case Mercury will attempt once on the next banking day). Mercury limits its liability for losses arising from payment failures, authorization issues, or unauthorized debits except as required by applicable law. Merchants and payers should review their autopay settings and payment methods to ensure continuity of recurring billing.