Provision record
ActiveCampaign · ActiveCampaign Terms of Service · View original document ↗

Mandatory Binding Arbitration and Class Action Waiver

High severity Medium confidence Explicit document language Unique · 0 of 352 platforms
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Document Record

What it is

The agreement requires users to resolve disputes with ActiveCampaign through individual binding arbitration rather than through court proceedings, and includes a waiver of the right to participate in class action litigation. The arbitration provision is identified in the preamble as a material condition of using the Services.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes that disputes between users and ActiveCampaign must proceed through individual binding arbitration, which is a distinct procedural framework from court litigation. Organizations and individual users should evaluate this clause against applicable law in their jurisdiction, as class action waivers and mandatory arbitration clauses face enforceability limitations in certain jurisdictions including the EU and some U.S. states.

Interpretive note: Enforceability of the class action waiver and mandatory arbitration clause varies by jurisdiction, including EU member states, UK, and certain U.S. states, where statutory consumer protections may override contractual dispute resolution restrictions.

Clause Stability Stable

0
Changes
3
Months Monitored
Jul 9, 2026
First Seen
Jul 9, 2026
Last Seen

Consumer impact (what this means for users)

The agreement requires that disputes with ActiveCampaign proceed through individual binding arbitration rather than through courts. The class action waiver means that users cannot join or lead class actions against ActiveCampaign, though the enforceability of these provisions may vary by jurisdiction under applicable law.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Within 30 days
    Review Section 20 of the Terms for the specific opt-out procedure and deadline. If an opt-out mechanism is available, submit written notice to ActiveCampaign within the deadline stated in Section 20 (the full text of Section 20 was not included in the provided document excerpt; consult the full agreement for exact instructions).

Cross-platform context

See how other platforms handle Mandatory Binding Arbitration and Class Action Waiver and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 20, do not access or use our Services.

Excerpt from ActiveCampaign's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1.

Insight

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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Provision details

Document information
Document
ActiveCampaign Terms of Service
Entity
ActiveCampaign
Document last updated
May 20, 2026
Tracking information
First tracked
May 20, 2026
Last verified
July 9, 2026
Record ID
CA-P-015346
Document ID
CA-D-00894
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
f7dfd1e4d5a889bc878cfbec5c4e17da2cdadb27ad37f45f4c8e6ec8ac371543
Analysis generated
May 20, 2026 14:01 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: ActiveCampaign
Document: ActiveCampaign Terms of Service
Record ID: CA-P-015346
Captured: 2026-05-20 14:01:24 UTC
SHA-256: f7dfd1e4d5a889bc…
URL: https://conductatlas.com/platform/activecampaign/activecampaign-terms-of-service/provision/CA-P-015346/mandatory-binding-arbitration-and-class-action-waiver/
Accessed: Aug. 19, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does ActiveCampaign's Mandatory Binding Arbitration and Class Action Waiver clause do?

This provision establishes that disputes between users and ActiveCampaign must proceed through individual binding arbitration, which is a distinct procedural framework from court litigation. Organizations and individual users should evaluate this clause against applicable law in their jurisdiction, as class action waivers and mandatory arbitration clauses face enforceability limitations in certain jurisdictions including the EU and some U.S. states.

How does this clause affect you?

The agreement requires that disputes with ActiveCampaign proceed through individual binding arbitration rather than through courts. The class action waiver means that users cannot join or lead class actions against ActiveCampaign, though the enforceability of these provisions may vary by jurisdiction under applicable law.

Is ConductAtlas affiliated with ActiveCampaign?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by ActiveCampaign.