This analysis describes what Square'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 updated terms establish a non-compete restriction prohibiting sellers from using Square's Services to build or support competing products or services, with account termination and indefinite fund holds stated as potential consequences for violations. Square now authorizes collection of your business brand assets (names, logos, menus, photos) from publicly available sources and grants itself and its subsidiaries broad rights to use, modify, and prepare derivative works of those assets for Block's business purposes, including developing, training, testing, and improving products and services. The revised payment terms require you to select a primary payment method at signup, and authorize Square to collect fees from that method or, if collection fails, from your transaction proceeds or Square account balance; you represent and warrant that any linked bank account was not established for personal purposes and that you are an authorized user on it.
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The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...
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.
giving the defending party the right to fully control the defense and settlement of the Claim provided, however, that any settlement unconditionally releases Customer Parties or Smartsheet Parties subject to the Claim of all liability...
"your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property RightsExcerpt from Square's Terms of Service
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The clause states: “your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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