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The policy reserves ActiveCampaign's right to modify the AUP at any time without customer consent, with notice provided by email, in-platform notification, or date update, and continued platform use constitutes acceptance of revised terms.
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 that continued use of the platform following any form of notice constitutes binding acceptance of revised terms, including changes that could alter permitted use categories, restricted industries, or enforcement mechanisms. A date update at the top of the document is stated to constitute sufficient notice.
Interpretive note: The enforceability of notice by date update as a sole mechanism for binding contract modification may vary by jurisdiction and applicable consumer protection law.
Under this clause, ActiveCampaign may modify the AUP at any time, and customers who continue using the platform after receiving notice (including notice by date update alone) are deemed to have accepted the revised terms. The agreement does not specify a minimum notice period before revised terms take effect.
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"We reserve the right to change or modify this Policy at any time and in our sole discretion. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the "Last Updated" date at the beginning of this document. By continuing to access and use the Services after our notice, you confirm your acceptance of the revised Policy.Excerpt from ActiveCampaign's Acceptable Use Policy
(1) REGULATORY LANDSCAPE: The adequacy of notice-by-date-update as a mechanism for binding contract modification may be evaluated under general contract law principles in applicable jurisdictions. EU and UK consumer contract frameworks may require more prominent disclosure of material changes. The FTC has issued guidance on the adequacy of notice mechanisms in online terms of service modifications. (2) GOVERNANCE EXPOSURE: Medium. The absence of a stated minimum notice period or effective date delay for policy changes means that operational restrictions on permitted use categories or restricted industries could take effect without a structured transition window for affected customers. (3) JURISDICTION FLAGS: EU customers under GDPR may have rights regarding material changes to data processing terms that require more specific notice than a date update. UK consumer contract regulations may impose additional constraints on unilateral modification clauses in certain customer categories. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should assess whether their master service agreements with ActiveCampaign include version-lock provisions or negotiated notice periods that would qualify the AUP's unilateral modification authority. Procurement teams should monitor AUP changes proactively given that a date update alone constitutes stated notice. (5) COMPLIANCE CONSIDERATIONS: Legal teams managing ActiveCampaign deployments should implement a monitoring process for AUP version changes, given that the policy permits the notice mechanism to be as minimal as a date update. Internal compliance workflows should include periodic review of the AUP effective date to identify any changes that may affect permitted use.
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This clause establishes that continued use of the platform following any form of notice constitutes binding acceptance of revised terms, including changes that could alter permitted use categories, restricted industries, or enforcement mechanisms. A date update at the top of the document is stated to constitute sufficient notice.
Under this clause, ActiveCampaign may modify the AUP at any time, and customers who continue using the platform after receiving notice (including notice by date update alone) are deemed to have accepted the revised terms. The agreement does not specify a minimum notice period before revised terms take effect.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by ActiveCampaign.