The terms authorize ActiveCampaign to modify the Terms of Service at its sole discretion, with an attempt to provide 30 days notice for material changes; continued use of the platform after the effective date constitutes acceptance of the 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 provision allows the contractual terms governing platform access and data use to be updated unilaterally, with the obligation to provide advance notice characterized as an attempt rather than a guarantee, and continued use treated as binding acceptance without affirmative consent.
Under this clause, the terms governing an active subscription may be revised by ActiveCampaign at any time, with continued platform use after the revision effective date constituting acceptance; customers who do not accept revised terms would need to discontinue use of the service.
How other platforms handle this
Target reserves the right to change these Terms at any time. We will post notification of changes to these Terms on this page. Your continued use of the Target Services after any changes to these Terms constitutes your acceptance of the new Terms.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking eff...
Nintendo reserves the right to change these Terms of Use at any time. Changes will be effective immediately upon posting to the Sites. Your continued use of the Sites after any changes to these Terms of Use constitutes your acceptance of the revised Terms of Use.
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"We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.— Excerpt from ActiveCampaign's ActiveCampaign Terms of Service
1. REGULATORY LANDSCAPE: Unilateral modification clauses in consumer and B2B contracts are subject to scrutiny in some jurisdictions. EU consumer protection law and GDPR may limit the enforceability of modifications that materially alter data processing terms without affirmative consent, particularly for terms covered by a Data Processing Agreement. The FTC has evaluated unilateral modification clauses in the context of unfair or deceptive practices for consumer-facing services. 2. GOVERNANCE EXPOSURE: Medium. The characterization of the 30-day notice obligation as an 'attempt' rather than a firm commitment reduces the predictability of contract stability for enterprise customers. Enterprise customers whose commercial operations depend on specific platform capabilities or data handling practices should monitor for term changes that may affect their compliance posture or operational workflows. 3. JURISDICTION FLAGS: EU customers should evaluate whether modifications to data processing terms require updated DPA execution rather than simple continued-use acceptance. UK customers face similar considerations under UK GDPR. Certain US states may restrict the enforceability of continued-use acceptance for material contract modifications in consumer contexts, though B2B applicability is more limited. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should negotiate for fixed notice periods and affirmative acceptance requirements for material term changes, particularly those affecting data processing, liability, or pricing. Vendor risk management programs should include monitoring of ActiveCampaign term change notifications. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should establish a process to review ActiveCampaign term change notifications, assess whether changes affect data processing agreements, privacy notices, or operational compliance requirements, and document any required responsive actions before the effective date.
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This provision allows the contractual terms governing platform access and data use to be updated unilaterally, with the obligation to provide advance notice characterized as an attempt rather than a guarantee, and continued use treated as binding acceptance without affirmative consent.
Under this clause, the terms governing an active subscription may be revised by ActiveCampaign at any time, with continued platform use after the revision effective date constituting acceptance; customers who do not accept revised terms would need to discontinue use of the service.
ConductAtlas has identified this type of provision across 15 platforms. See the full comparison.
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