ActiveCampaign Terms of Service

This document governs the contractual relationship between ActiveCampaign, Inc. and its customers for access to the ActiveCampaign marketing automation, email, SMS, CRM, and related platform services, and is structured as a binding agreement incorporating by reference the Privacy Policy, Acceptable Use Policy, and other supplemental terms. The agreement states that customers retain ownership of their data while granting ActiveCampaign a license to use customer data to provide and improve the services, and the terms authorize ActiveCampaign to suspend or terminate accounts for violations of acceptable use provisions, non-payment, or legal obligations without prior notice in certain circumstances. Notably, the agreement includes a mutual limitation of liability capped at fees paid in the prior twelve months, a disclaimer of consequential damages, and an indemnification obligation placed on customers for third-party claims arising from their use of the platform, including their own contacts' data; the agreement also asserts that ActiveCampaign may modify the terms with notice, and continued use constitutes acceptance. The document engages GDPR, CCPA, and CAN-SPAM regulatory frameworks given the platform's core function in email marketing, contact data processing, and behavioral tracking; the Data Processing Agreement referenced within the terms is the primary instrument governing GDPR Article 28 processor obligations, and its applicability depends on whether the customer qualifies as an EU-regulated data controller. Material compliance considerations include the customer's responsibility for obtaining lawful consent for their own contact lists, ensuring their sending practices comply with anti-spam law, and maintaining appropriate data processing agreements with ActiveCampaign as a sub-processor.