Provision record
Mercury · Mercury Terms of Service · View original document ↗

Broad Indemnification Obligation for Service Use

Medium confidence Common · 224 of 343 platforms

Key Facts · in the document’s own words

What must users defend, indemnify, and hold harmless?
“You agree to defend, indemnify, and hold harmless Mercury and its subsidiaries, agents, licensors, managers, and other affiliated companies...from and against any and all third-party claims, damages, obligations, losses, liabilities, costs or debt...”
Version CA-V-007358, captured Oct. 6, 2026 · live source ↗
Our reading, not the document’s words
Mercury requires users to defend, indemnify, and hold harmless Mercury and its subsidiaries, agents, licensors, managers, and other affiliated companies from and against any and all third-party claims, damages, obligations, losses, liabilities, costs, or debt.
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Generated by a model from the captured document; not read by a person

The indemnification obligation is broad, covering any and all third-party claims and extending to Mercury's subsidiaries, agents, licensors, managers, and affiliated companies, potentially exposing users to significant financial liability.

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Interpretive note: The excerpt is truncated and does not show the full scope of triggering conditions or any carve-outs; the canonical claim reflects only what is explicitly present. Additional conditions or limitations may exist in the unquoted portion of the clause.

Recent Activity

This document changed recently

Medium Sep 25, 2026

The updated terms establish that third-party promotional partners may change or discontinue perks at any time, including after you have met a perk's eligibility or redemption requirements. Mercury states it will not be responsible for honoring, fulfilling, or subsidizing a perk that a partner modifies or discontinues, and directs you to contact the partner directly if a perk is discontinued or not honored. This means a promotional offer you qualified for could be withdrawn or modified by the partner without Mercury's involvement or recourse through Mercury.

View change record →
Medium Jun 26, 2026

The updated terms establish new procedures for automatic recurring invoice payments. Under the revised language, when a payer enables autopay, Mercury does not guarantee that recurring payments will process, and if two consecutive payments fail, the payer's autopay authorization is automatically cancelled without advance notice. The terms also state that Mercury will not re-attempt failed recurring payments except when a Mercury system issue caused the failure (in which case Mercury will attempt once on the next banking day). Mercury limits its liability for losses arising from payment failures, authorization issues, or unauthorized debits except as required by applicable law. Merchants and payers should review their autopay settings and payment methods to ensure continuity of recurring billing.

View change record →

Consumer impact (what this means for users)

Generated by a model from the captured document; not read by a person

Users bear the obligation to defend and compensate Mercury and a wide group of affiliated entities if any third party brings claims connected to the user's conduct or use of the service.

How other platforms handle this

Smartsheet

Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...use of the Services or Customizations by Customer after notice by Smartsheet to discontinue use.

Heap

Customer's modification of the CS Service not described in the Documentation or otherwise expressly authorized by Contentsquare in writing

Kling AI

In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
You agree to defend, indemnify, and hold harmless Mercury and its subsidiaries, agents, licensors, managers, and other affiliated companies...from and against any and all third-party claims, damages, obligations, losses, liabilities, costs or debt...

Excerpt from Mercury's Terms of Service

Provision details

Document information
Document
Mercury Terms of Service
Entity
Mercury
Date stated by the document
Oct. 5, 2026
As printed in Mercury’s text (version CA-V-007358), not a ConductAtlas date.
Tracking information
First captured by ConductAtlas
May 5, 2026
Text quoted from version
CA-V-007358, captured Oct. 6, 2026
Record ID
CA-P-047419
Document ID
CA-D-000529
Evidence Provenance
Source URL
Wayback Machine
Archived bytes SHA-256 (version CA-V-007358)
b1bfbeb848041aaa8b740f2130697d6a55626af511f3ae5d38a66c8d3f4aef03
Analysis generated
July 9, 2026 04:51 UTC
Methodology
Evidence
✓ Excerpt found in version CA-V-007358, captured Oct. 6, 2026 (checked Oct. 6, 2026)
Citation Record
Entity: Mercury
Document: Mercury Terms of Service
Record ID: CA-P-047419
Version: CA-V-007358
Captured: 2026-10-06 00:59:58 UTC
SHA-256: b1bfbeb848041aaa…
URL: https://conductatlas.com/platform/mercury/mercury-terms-of-service/provision/CA-P-047419/broad-indemnification-obligation-for-service-use/
Accessed: Oct. 24, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Categories

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Frequently Asked Questions

What does Mercury's Broad Indemnification Obligation for Service Use clause do?

The indemnification obligation is broad, covering any and all third-party claims and extending to Mercury's subsidiaries, agents, licensors, managers, and affiliated companies, potentially exposing users to significant financial liability.

How does this clause affect you?

Users bear the obligation to defend and compensate Mercury and a wide group of affiliated entities if any third party brings claims connected to the user's conduct or use of the service.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.

Is ConductAtlas affiliated with Mercury?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mercury.