Mercury · Mercury Terms of Service · View original document ↗

Broad Indemnification Obligation for Service Use

High severity Medium confidence Explicitdocumentlanguage Common · 229 of 352 platforms
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Recent governance activity Mercury recorded 2 documented changes in the last 30 days.
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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)

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.

Recent Activity

This document changed recently

Medium Jun 26, 2026

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 →
Medium May 29, 2026

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 →

Consumer impact (what this means for users)

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

Instacart Medium

Your subsequent use of content generated by AI Features.

Runway Medium

You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.

Chegg Medium

These indemnity obligations shall survive any expiration or termination of your relationship with Chegg.

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▸ 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 Mercury Terms of Service

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Mercury Terms of Service
Entity
Mercury
Document last updated
May 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-047419
Document ID
CA-D-00529
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
3ac7ab54812d292da7660282e68a275955e77d625774ffe806d425e9b70bcc72
Analysis generated
July 9, 2026 04:51 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Mercury
Document: Mercury Terms of Service
Record ID: CA-P-047419
Captured: 2026-07-09 04:51:50 UTC
SHA-256: 3ac7ab54812d292d…
URL: https://conductatlas.com/platform/mercury/mercury-terms-of-service/provision/CA-P-047419/broad-indemnification-obligation-for-service-use/
Accessed: July 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
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 229 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.