“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...”
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.
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 This means a promotional offer you qualified for could be withdrawn or modified by the partner without Mercury's involvement or recourse through Mercury.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 →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 →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 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.
Customer's modification of the CS Service not described in the Documentation or otherwise expressly authorized by Contentsquare in writing
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.
"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 224 platforms. See the full comparison.
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