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
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 →How other platforms handle this
either party retains the right to bring an individual action in small claims court, if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous...
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
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"You agree that any arbitration or proceeding shall be limited to the Claims between us and you individually...No arbitration or proceeding shall be joined with any other; There is no right or authority for any Claim to be arbitrated...on a class action-basis...— Excerpt from Mercury's Mercury Terms of Service
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The clause states: “You agree that any arbitration or proceeding shall be limited to the Claims between us and you individually...No arbitration or proceeding shall be joined with any other; There is no right or authority for any Claim to be arbitrated...on a class action-basis...”
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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