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
This provision establishes the procedural mechanism through which the governing terms can be altered without mutual agreement. The operational significance lies in Mercury's authority to modify service terms on a unilateral basis, with the scope of advance notice dependent on Mercury's own materiality determination.
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 operate under terms that remain subject to modification by Mercury without consent, with modified terms becoming effective upon the dates Mercury establishes. The provision conditions advance notice only on Mercury's determination that a change qualifies as material, meaning non-material modifications may take effect without advance notice.
How other platforms handle this
We may modify these Terms from time to time. When we make material changes to these Terms, we will notify you by updating the date at the top of these Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). Your ...
"Content" means anything you or your Customers create or make available through the Service in connection with your Account, including your intellectual property (e.g. trademarks, trade names, service marks, and copyrighted works); the products or services you offer (e.g., courses, coaching, members...
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"We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.— Excerpt from Mercury's Mercury Terms of Service
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This provision establishes the procedural mechanism through which the governing terms can be altered without mutual agreement. The operational significance lies in Mercury's authority to modify service terms on a unilateral basis, with the scope of advance notice dependent on Mercury's own materiality determination.
Users operate under terms that remain subject to modification by Mercury without consent, with modified terms becoming effective upon the dates Mercury establishes. The provision conditions advance notice only on Mercury's determination that a change qualifies as material, meaning non-material modifications may take effect without advance notice.
ConductAtlas has identified this type of provision across 64 platforms. See the full comparison.
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