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.
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 modifications notice provision suggests either relocation or potential elimination of transparency regarding term changes.
View full change record →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.
How other platforms handle this
You may give us your Identity Data, Contact Data, Financial Data, Profile Data, and other information by filling in forms or by corresponding with us by post, phone, e-mail or otherwise.
telemetry information collected includes: (i) microservice settings, (ii) usage data and (iii) hardware environment.
Some of our ad partners may also enable us to collect similar data directly from their website or app by integrating our or our affiliates' advertising technology.
"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 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.
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Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
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 296 platforms. See the full comparison.
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