Square can change its terms at any time by posting an updated version online. If you keep using Square's services after new terms are posted, you are considered to have agreed to those changes.
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
Users may not notice updates to the terms and could find themselves bound by new provisions, including potentially less favorable terms regarding fees, data use, or dispute resolution, simply by continuing to use the service.
This provision was previously titled 'Unilateral Amendment of Terms' but is now reframed with explicit mechanics (website posting and deemed acceptance), making the unilateral modification process more procedurally specific.
View full change record →Merchants and users who continue to use Square after an update is posted are deemed to have accepted the new terms, even if they did not actively review or acknowledge the changes, which could result in inadvertent agreement to materially different conditions.
How other platforms handle this
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. By continuing to a...
Target reserves the right to change these Terms at any time. We will post notification of changes to these Terms on this page. Your continued use of the Target Services after any changes to these Terms constitutes your acceptance of the new Terms.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking eff...
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"We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it, or at a later date if specified in the revised version. Continued use of the Services following notice of such changes shall constitute your acceptance of such changes.— Excerpt from Square's Square Terms of Service
REGULATORY LANDSCAPE: The FTC has examined browse-wrap and continued-use consent mechanisms in online agreements, and courts have varied in their willingness to enforce material changes made without affirmative user consent. The CFPB has indicated interest in whether changes to financial service agreements are adequately disclosed to consumers and small businesses. California's unfair competition law may also interact with this provision where changes are made without adequate notice. GOVERNANCE EXPOSURE: Medium. The posting of revised terms as a mechanism for modification is common in technology and financial services agreements, but the absence of an affirmative acknowledgment requirement for material changes creates risk that courts may decline to enforce specific provisions added through this mechanism, particularly in consumer-facing contexts. JURISDICTION FLAGS: EU and UK users benefit from stronger notice and consent requirements under applicable consumer protection law and GDPR, which may require affirmative consent for material changes to agreement terms rather than passive continued-use consent. California's Online Privacy Protection Act and broader consumer protection framework may impose additional disclosure obligations. CONTRACT AND VENDOR IMPLICATIONS: Organizations using Square as a critical payment infrastructure component should implement a process for monitoring Square's terms for material updates, rather than relying on proactive notification from Square. Material changes to dispute resolution, fee structures, or data practices could have significant operational implications if not identified promptly. COMPLIANCE CONSIDERATIONS: Compliance teams should establish a periodic review process for Square's published terms and maintain version records to track changes over time. Legal teams should assess whether continued-use consent is sufficient to bind the organization to material modifications, particularly in jurisdictions requiring affirmative consent.
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Users may not notice updates to the terms and could find themselves bound by new provisions, including potentially less favorable terms regarding fees, data use, or dispute resolution, simply by continuing to use the service.
Merchants and users who continue to use Square after an update is posted are deemed to have accepted the new terms, even if they did not actively review or acknowledge the changes, which could result in inadvertent agreement to materially different conditions.
ConductAtlas has identified this type of provision across 6 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Square.