If Mercury causes financial harm to your business, the most you can recover from Mercury is the greater of whatever fees you paid them in the last year or $100, even if your actual losses are far larger.
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
For businesses holding significant operating funds in Mercury accounts, this cap means that if Mercury makes an error resulting in financial loss, the recoverable amount under this agreement may be a fraction of the actual harm suffered.
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 →Removal of general limitation of liability provision may indicate Mercury seeking broader liability exposure or replacement with service-specific liability limits.
View full change record →This provision limits Mercury's financial liability to a maximum of your last 12 months of fees paid or $100, whichever is greater, regardless of the magnitude of business losses caused by platform failures, errors, or account actions.
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"To the maximum extent permitted by applicable law, in no event will Mercury, its affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, data, goodwill, business interruption or any other damages or losses) arising out of or related to this agreement or the services. To the maximum extent permitted by applicable law, the aggregate liability of Mercury and its affiliates, officers, employees, agents, suppliers, and licensors, relating to the services will be limited to the greater of (a) the amount you have actually paid us in the prior 12 months, or (b) $100.Excerpt from Mercury's Terms of Service
REGULATORY LANDSCAPE: Limitation of liability clauses in financial services agreements interact with state contract law and potentially with Regulation E protections for electronic fund transfers.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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For businesses holding significant operating funds in Mercury accounts, this cap means that if Mercury makes an error resulting in financial loss, the recoverable amount under this agreement may be a fraction of the actual harm suffered.
This provision limits Mercury's financial liability to a maximum of your last 12 months of fees paid or $100, whichever is greater, regardless of the magnitude of business losses caused by platform failures, errors, or account actions.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mercury.