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
The updated terms establish new operational constraints on AI Features use. Users must now actively review all AI-generated output before using, sharing, or relying on it, shifting verification responsibility from ActiveCampaign to the user. The terms introduce AI Credits as a separate usage currency that expires monthly without rollover and cannot be transferred or refunded; unused credits are forfeited. ActiveCampaign reserves the right to modify which features are subject to usage limits and to implement technical controls including throttling or suspension to enforce limits, and states that its measurement of usage is final and binding. You can review the AI Credits page for details on which features are subject to limits and current consumption rates.
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We may process your Data where we have a legal obligation to do so. For example, we may process your Data to comply with tax, labor and accounting obligations.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing"...and (b) legally enforceable as a signed agreement.
These Terms contain the entire agreement between you and OpenAI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and OpenAI.
"You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.Excerpt from ActiveCampaign's Terms of Service
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The clause states: “You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.”
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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