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 modify how arbitration disputes are resolved when 25 or more similar claims are brought against Square. Previously, Square's terms referenced 'Bellwether Arbitration procedures' under which test cases would be selected and remaining demands could proceed individually under standard rules if settlement failed. The updated framework establishes a mandatory mediation phase after initial arbitrations resolve, and requires remaining claims to proceed in batches of up to 100 rather than individually, with one arbitrator and consolidated fees per batch. This may reduce the procedural flexibility for claimants pursuing claims outside the initial test-case group, though the batch structure may reduce overall administrative costs. The terms now explicitly state that NAM shall administer batches concurrently and that parties will engage in a 'single global mediation' before batch proceedings commence.
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"We reserve the right to amend the Terms at any time, and to modify, discontinue, or impose conditions on any feature or aspect of the Services with notice that we deem to be reasonable under the circumstances.Excerpt from Square's Terms of Service
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The clause states: “We reserve the right to amend the Terms at any time, and to modify, discontinue, or impose conditions on any feature or aspect of the Services with notice that we deem to be reasonable under the circumstances.”
ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.
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