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 cap limits the maximum financial recovery available to users regardless of the actual harm suffered, which may be far less than actual losses.
Interpretive note: The excerpt contains an ellipsis between 'THREE (3) MONTH PERIOD' and 'OR (B) $500', suggesting the full clause may specify the precise time period anchor (e.g., immediately preceding the claim). The canonical claim uses 'preceding the claim' as the most natural reading but the full text should be consulted.
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.
View change record →Users can recover no more from Square than the greater of Square's fees earned from their use of the Services in the prior three months or $500, regardless of actual damages.
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"THE TOTAL LIABILITY OF SQUARE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD...OR (B) $500.— Excerpt from Square's Square Terms of Service
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This cap limits the maximum financial recovery available to users regardless of the actual harm suffered, which may be far less than actual losses.
Users can recover no more from Square than the greater of Square's fees earned from their use of the Services in the prior three months or $500, regardless of actual damages.
ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.
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