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
Users are required to resolve virtually all disputes through individual arbitration rather than court litigation, limiting access to the court system except for small claims.
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 must individually arbitrate all disputes with Square, except those resolved informally or brought in small claims court, and cannot litigate those disputes in a standard court.
How other platforms handle this
except disputes relating to the enforcement or validity of your, your licensors', our, or our licensors' intellectual property rights
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
either party retains the right to bring an individual action in small claims court, if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
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"You and Square agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be individually arbitrated by a neutral arbitrator...— Excerpt from Square's Square Terms of Service
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Users are required to resolve virtually all disputes through individual arbitration rather than court litigation, limiting access to the court system except for small claims.
Users must individually arbitrate all disputes with Square, except those resolved informally or brought in small claims court, and cannot litigate those disputes in a standard court.
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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