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
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.
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.
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 →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.
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NVIDIA will have no obligation...to indemnify...with respect to any Indemnifiable Claim relating to...a Customer Indemnitee's failure to use software, materials or instructions provided by NVIDIA which would have rendered the Enterprise Products non-infringing.
You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.
"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
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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.
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.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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