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
The liability limitation defines the maximum financial exposure Mercury bears for claims related to the service. This cap operates as a contractual allocation of risk between the parties and applies regardless of the legal theory underlying the claim.
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 →Users' potential recovery for claims against Mercury is restricted to the specified monetary cap rather than the full amount of any alleged damages. This means the maximum recoverable amount is either the user's 12-month payment history or $100, whichever is greater.
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MERCURY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO MERCURY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).— Excerpt from Mercury's Mercury Terms of Service
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The liability limitation defines the maximum financial exposure Mercury bears for claims related to the service. This cap operates as a contractual allocation of risk between the parties and applies regardless of the legal theory underlying the claim.
Users' potential recovery for claims against Mercury is restricted to the specified monetary cap rather than the full amount of any alleged damages. This means the maximum recoverable amount is either the user's 12-month payment history or $100, whichever is greater.
ConductAtlas has identified this type of provision across 19 platforms. See the full comparison.
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