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| 0 | LEGAL Terms of Service Last Updated: December 23, 2025 Contents 1) Eligibility and Authority 2) Accounts; Account Security; Electronic Communications 3) Privacy 4) Our Services; License. 5) Prohibited Conduct 6) Terms of Sale 7) Consulting Services 8) Limited License; Copyright and Trademark 9) Third Party Content and Services 10) Feedback 11) Publicity 12) Copyright Complaints 13) Indemnification 14) Disclaimers 15) Limitation of Liability 16) Release 17) Transfer and Processing Data 18) Export Control, Sanctions Compliance and Anti-Corruption Compliance 19) Commercial Items 20) Dispute Resolution; Binding Arbitration 21) Governing Law and Venue 22) Changes to these Terms 23) Termination 24) Severability 25) Miscellaneous These Terms of Service (" Terms ") apply to your access to and use of the websites, applications and other products and services, including email services, trainings, events, marketing services, consulting services, review and message boards and various other message communication applications (collectively, our " Services ") provided by ActiveCampaign, LLC. | 0 | LEGAL Terms of Service Last Updated: October 19, 2026 Contents 1) Eligibility and Authority 2) Accounts; Account Security; Electronic Communications 3) Privacy 4) Our Services; License. 5) Prohibited Conduct 6) Terms of Sale 7) Consulting Services 8) Limited License; Copyright and Trademark 9) Third Party Content and Services 10) Feedback 11) Publicity 12) Copyright Complaints 13) Indemnification 14) Disclaimers 15) Limitation of Liability 16) Release 17) Transfer and Processing Data 18) Export Control, Sanctions Compliance and Anti-Corruption Compliance 19) Commercial Items 20) Dispute Resolution; Binding Arbitration 21) Governing Law and Venue 22) Changes to these Terms 23) Termination 24) Severability 25) Miscellaneous These Terms of Service (" Terms ") apply to your access to and use of the websites, applications and other products and services, including email services, trainings, events, marketing services, consulting services, review and message boards and various other message communication applications (collectively, our " Services ") provided by ActiveCampaign, LLC. |
| 44 | We may suspend, restrict or terminate your access to or use of the Services if we suspect, in our sole discretion, that your Marketing Content violates our Acceptable Use Policy or any applicable law, rule or regulation, or that it relates to goods, services or information that are offered in violation of applicable law, or that it includes spam or otherwise duplicative or unsolicited messages. 5.3) AI Features If you use our ActiveCampaign AI feature and/or any other artificial intelligence powered content generation feature of our Services (collectively, the " AI Features "), this Section 5.3 applies to you. | 44 | We may suspend, restrict or terminate your access to or use of the Services if we suspect, in our sole discretion, that your Marketing Content violates our Acceptable Use Policy or any applicable law, rule or regulation, or that it relates to goods, services or information that are offered in violation of applicable law, or that it includes spam or otherwise duplicative or unsolicited messages. 5.3) AI Features As part of our Services, ActiveCampaign may provide you with features and functionalities that are powered by artificial intelligence (collectively, the " AI Features "). |
| 51 | You should not rely on the AI Features and you should not use the AI Features for advice of any kind. | 51 | You must carefully review all output generated by the AI Features before using, sharing or relying on it to ensure everything is accurate, lawful and otherwise appropriate. |
| 52 | Your use of the AI Features is at your own risk. | 52 | Without limiting Section 14 in any way, but for the sake of clarity, ActiveCampaign does not make any warranty or representation of any kind that output generated by the AI Features does not infringe the rights of any third party (including, but not limited to, copyright, trademark, rights of privacy and publicity, and defamation). 5.4) Usage Limits The usage limits that apply to you will be specified in the billing page within your account console. |
| 53 | Without limiting Section 14 in any way, but for the sake of clarity, ActiveCampaign does not make any warranty or representation of any kind that any output generated by the AI Features does not infringe the rights of any third party (including, but not limited to, copyright, trademark, rights of privacy and publicity, and defamation). 5.4) Usage Limits The usage limits that apply to you will be specified in the billing page within your account console. | — | Removed |
| 56 | If you reach your monthly send limit, you will not be able to send any more messages to your Contacts, including any messages scheduled for sending at a future date, until the start of the next calendar month. | 55 | If you reach your monthly send limit, you will not be able to send any more messages to your Contacts, including any messages scheduled for sending at a future date, until the start of the next monthly usage period. |
| 57 | You may increase your monthly send limit by upgrading your subscription plan or purchasing increases to your Contact Limit or monthly send limit as additional product enhancements. | 56 | In addition, AI Features may be subject to usage limits and a monthly usage balance measured in credits (" AI Credits "), as described on our AI Credits page. |
| 57 | AI Credits are non-transferrable and non-refundable, and must be consumed within a month of being credited to your account; any unused included AI Credits expire after such time and do not roll over to the next monthly usage period. | ||
| 58 | ActiveCampaign reserves the right to modify which AI Features are subject to limits and the applicable usage limits and consumption rates at any time. | ||
| 59 | You may increase your usage limits by upgrading your subscription plan or purchasing increases to your usage limits as additional product enhancements. | ||
| 59 | If you enable auto-upgrade within your account console, your subscription fees will increase immediately according to usage during the course of a subscription period once you exceed your Contact Limit in such subscription period; such fees will be pro-rated for the remainder of your subscription period and each renewal subscription period thereafter will be charged at such upgraded subscription fee amount. 5.5) Reporting Abuse If you think anyone using the Services is violating any of these Terms, please notify us immediately by emailing abuse@activecampaign.com. 5.6) WhatsApp Prohibited Activities If you use our ActiveCampaign WhatsApp Messaging service (the " AC WhatsApp Service "), this Section 5.6 applies to you. | 61 | If you enable auto-upgrade within your account console, your subscription fees will increase immediately according to usage during the course of a subscription period once you exceed the applicable usage limit in such subscription period; such fees will be pro-rated for the remainder of your subscription period and each renewal subscription period thereafter will be charged at such upgraded subscription fee amount. |
| 62 | ActiveCampaign may monitor your usage and implement technical controls, including without limitation throttling, reducing the capabilities of or suspending access to features and functionalities, to enforce usage limits or protect the Services. | ||
| 63 | ActiveCampaign's measurement of usage will be final and binding. 5.5) Reporting Abuse If you think anyone using the Services is violating any of these Terms, please notify us immediately by emailing abuse@activecampaign.com. 5.6) WhatsApp Prohibited Activities If you use our ActiveCampaign WhatsApp Messaging service (the " AC WhatsApp Service "), this Section 5.6 applies to you. | ||
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