The agreement requires that all disputes between users and Mercury be resolved through individual arbitration rather than through jury trials or class action lawsuits. This waiver applies as a condition of creating an account or otherwise assenting to the terms.
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
This provision establishes that users who accept the agreement are required to pursue any claims against Mercury individually through arbitration rather than through court proceedings, jury trials, or collective class actions. The enforceability of mandatory arbitration clauses and class action waivers may vary by jurisdiction and applicable law, and compliance teams should evaluate this provision under the Federal Arbitration Act and any applicable state law constraints.
Interpretive note: The full text of Section 15 governing the arbitration clause was not included in the available document excerpt; the enforceability and specific terms of the arbitration provision cannot be fully assessed from the available language alone.
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 →The agreement requires disputes to proceed through individual arbitration rather than jury trials or class actions. Under this clause, users who accept the terms are contractually required to bring claims individually through arbitration, subject to any limitations imposed by applicable law.
Cross-platform context
See how other platforms handle Mandatory Individual Arbitration and Class Action/Jury Trial Waiver and similar clauses.
Compare across platforms →"This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.Excerpt from Mercury's Terms of Service
1) REGULATORY LANDSCAPE: Mandatory arbitration clauses and class action waivers in consumer financial services contracts engage the Federal Arbitration Act (FAA) and CFPB rulemaking authority over arbitration in consumer financial products.
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This provision establishes that users who accept the agreement are required to pursue any claims against Mercury individually through arbitration rather than through court proceedings, jury trials, or collective class actions. The enforceability of mandatory arbitration clauses and class action waivers may vary by jurisdiction and applicable law, and compliance teams should evaluate this provision under the Federal Arbitration Act …
The agreement requires disputes to proceed through individual arbitration rather than jury trials or class actions. Under this clause, users who accept the terms are contractually required to bring claims individually through arbitration, subject to any limitations imposed by applicable law.
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