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 lose the ability to join with others in collective legal action against Square and cannot have disputes decided by a jury, significantly limiting available legal remedies.
Interpretive note: The canonical claim captures two independent legal effects — the class action waiver and the jury trial waiver. The jury trial waiver is recorded in omitted_material as a secondary independent proposition.
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 are required to pursue any claim against Square individually and are prohibited from participating in class arbitrations, class actions, or representative actions, and must waive jury trial rights.
How other platforms handle this
If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
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...
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"YOU AND SQUARE MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY...— Excerpt from Square's Square Terms of Service
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
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Users lose the ability to join with others in collective legal action against Square and cannot have disputes decided by a jury, significantly limiting available legal remedies.
Users are required to pursue any claim against Square individually and are prohibited from participating in class arbitrations, class actions, or representative actions, and must waive jury trial rights.
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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