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The policy reserves ActiveCampaign's right to restrict or prohibit content or accounts in industries including cryptocurrency, digital assets, and financial services based on its sole discretion determination of objectionability, reputational risk, or non-compliance with applicable law.
This analysis describes what ActiveCampaign'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 clause establishes eligibility criteria for platform access that are not defined by objective thresholds, granting ActiveCampaign unilateral authority to restrict or terminate service to customers in designated industry verticals without defined notice, appeal, or cure mechanisms stated in this policy.
Under this clause, customers in cryptocurrency, digital asset, and financial services industries may have their content removed or accounts suspended based on ActiveCampaign's sole discretion assessment of objectionability or reputational risk. The policy does not define objective thresholds for these determinations.
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"certain financial services, cryptocurrency, or other digital asset platforms that we deem, in our sole discretion, to be objectionable, including but not limited to those related to certain token sales, decentralized finance systems, mining or staking services, or non-fungible tokens; financial services that we determine, in our sole discretion, are being offered or advertised without complying with applicable law or that might present reputational risk to us; or other products or content that is, in our sole judgement, objectionable or likely to upset recipients.Excerpt from ActiveCampaign's Acceptable Use Policy
(1) REGULATORY LANDSCAPE: The enumeration of specific securities laws (Securities Act of 1933, Securities Exchange Act of 1934, Investment Company Act of 1940, Investment Advisers Act of 1940) in the prohibited content section indicates this clause is intended to engage compliance obligations under SEC-administered frameworks. The clause's reference to reputational risk as a sole-discretion termination trigger is not a regulatory requirement but a contractual discretion reserved by ActiveCampaign. (2) GOVERNANCE EXPOSURE: Medium. The clause creates eligibility uncertainty for customers in fintech, digital assets, and financial services, as the operative standard (objectionable, reputational risk) is subjective and not defined. Customers in these verticals face ongoing operational risk that cannot be mitigated by compliance with external regulatory requirements alone. (3) JURISDICTION FLAGS: EU and UK customers in financial services or digital asset sectors may have additional rights under applicable commercial contract law that could constrain unilateral service restriction without objective criteria. Illinois and California-based customers should assess whether state consumer protection statutes apply to B2B service restrictions of this type. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams evaluating ActiveCampaign for regulated-industry deployments should assess whether the master service agreement contains defined eligibility criteria, notice periods, or appeal rights that qualify the AUP's sole-discretion language. The absence of objective eligibility criteria may constitute a negotiation point in enterprise agreements. (5) COMPLIANCE CONSIDERATIONS: Customers in digital asset, cryptocurrency, or financial services sectors should document their compliance with the referenced securities laws independently and retain records that could support any challenge to a sole-discretion service restriction. Legal teams should assess whether the AUP's sole-discretion standard is qualified by any other contractual instrument.
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This clause establishes eligibility criteria for platform access that are not defined by objective thresholds, granting ActiveCampaign unilateral authority to restrict or terminate service to customers in designated industry verticals without defined notice, appeal, or cure mechanisms stated in this policy.
Under this clause, customers in cryptocurrency, digital asset, and financial services industries may have their content removed or accounts suspended based on ActiveCampaign's sole discretion assessment of objectionability or reputational risk. The policy does not define objective thresholds for these determinations.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by ActiveCampaign.