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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You agree that you have all necessary rights to your User Submissions and that your User Submissions shall not violate or infringe upon any proprietary right, intellectual property right or other rights of third parties.
All requests for information or documents related to potential, anticipated, or current legal proceedings, investigations, or disputes must be made using the appropriate level of legal process.
to notify the Disclosing Party promptly and in writing of the circumstances surrounding any suspected possession, use or knowledge of the Confidential Information
"you have provided the Terms and all legally required notices to your Personnel, and have obtained acknowledgements and required consents from your Personnel as to the TermsExcerpt from Square's Terms of Service
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The clause states: “you have provided the Terms and all legally required notices to your Personnel, and have obtained acknowledgements and required consents from your Personnel as to the Terms”
ConductAtlas has identified this type of provision across 273 platforms. See the full comparison.
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