Mercury can change the terms of this agreement at any time, and by continuing to use the platform after the change, you are agreeing to the new terms even if you have not read them.
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
Because Mercury notifies users only by updating a date on a webpage, users may inadvertently accept material changes to their rights by simply continuing to use the platform without actively reviewing the updated terms.
Material changes to Mercury's terms, including to dispute resolution, liability, or acceptable use provisions, take effect without active user consent, relying solely on continued platform use as implicit agreement.
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"We reserve the right to modify these Terms of Use at any time. We will provide notice of modifications by updating the 'Last updated' date at the top of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Use.— Excerpt from Mercury's Mercury Terms of Service
REGULATORY LANDSCAPE: The use of passive acceptance mechanisms for material contract modifications in financial services agreements interacts with CFPB guidance on unfair, deceptive, or abusive acts and practices. Courts in several jurisdictions have scrutinized browsewrap modification provisions, particularly where material changes affect dispute resolution rights or liability terms. The FTC has also addressed notice requirements for material changes to consumer-facing agreements. GOVERNANCE EXPOSURE: Medium. The notice mechanism, updating only a page date rather than sending direct notice to users, is the narrower end of common industry practice and may be insufficient for material modifications affecting arbitration, liability, or payment terms. For regulated businesses, a contract modification affecting compliance obligations that is not directly communicated may create exposure. JURISDICTION FLAGS: California courts have at times required more robust notice for material contract modifications in consumer agreements. New York and Illinois may similarly require affirmative consent for changes to material terms such as arbitration clauses or fee structures. The adequacy of a date-update notice mechanism for modifications to dispute resolution terms may be subject to particular scrutiny given existing case law on arbitration agreement modifications. CONTRACT AND VENDOR IMPLICATIONS: Enterprise users and compliance teams should implement periodic review of Mercury's terms of use to identify material modifications and assess their impact before they take effect through continued use. Legal teams should consider establishing a monitoring protocol tied to the terms page URL to detect date changes signaling updates. COMPLIANCE CONSIDERATIONS: Compliance teams should establish a process for reviewing Mercury's terms of use at regular intervals and after any account actions that may suggest a policy change. Businesses should assess whether any modifications to arbitration, liability, or acceptable use terms require internal governance review before continued use of the platform constitutes acceptance.
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Because Mercury notifies users only by updating a date on a webpage, users may inadvertently accept material changes to their rights by simply continuing to use the platform without actively reviewing the updated terms.
Material changes to Mercury's terms, including to dispute resolution, liability, or acceptable use provisions, take effect without active user consent, relying solely on continued platform use as implicit agreement.
ConductAtlas has identified this type of provision across 5 platforms. See the full comparison.
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