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 clause grants Square unilateral authority to assess risk categorization and service eligibility. The provision operates as a baseline restriction combined with an open-ended discretionary standard, allowing Square to exclude merchants based on criteria beyond the enumerated categories.
Users and merchants must structure their business activities to comply with the enumerated prohibited categories and remain subject to Square's discretionary risk assessment. Conduct outside the explicit list remains evaluable under Square's unilateral risk determination standard.
How other platforms handle this
You agree not to post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any ...
You must not use Mailchimp to send to role-based email addresses (such as info@, sales@, or support@), to send to addresses harvested from websites or other online sources without permission, or to email addresses obtained through dictionary attacks or automated address generation.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium; (ii) using any automated system, including 'robots,' 'spiders,' 'offline readers,' etc., to access the Services; (iii) transmitting spam, chain lett...
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"You may not use the Services for any activities that Square, in its sole discretion, determines to be associated with high risk, including but not limited to: businesses that involve illegal products or services, firearms or weapons, adult content, gambling, cryptocurrency, debt collection, or any business that Square deems to pose unacceptable financial, legal, or reputational risk to Square.— Excerpt from Square's Square Terms of Service
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The clause grants Square unilateral authority to assess risk categorization and service eligibility. The provision operates as a baseline restriction combined with an open-ended discretionary standard, allowing Square to exclude merchants based on criteria beyond the enumerated categories.
Users and merchants must structure their business activities to comply with the enumerated prohibited categories and remain subject to Square's discretionary risk assessment. Conduct outside the explicit list remains evaluable under Square's unilateral risk determination standard.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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