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
This provision permits Square to modify contractual obligations, service terms, and user rights without requiring mutual agreement or affirmative user consent. The operational significance lies in the establishment of a unilateral amendment mechanism coupled with a binding acceptance-through-use standard.
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.
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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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This provision permits Square to modify contractual obligations, service terms, and user rights without requiring mutual agreement or affirmative user consent. The operational significance lies in the establishment of a unilateral amendment mechanism coupled with a binding acceptance-through-use standard.
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.
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