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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Any disputes or claims not subject to arbitration, as set forth in this section, will be resolved exclusively in the federal or state courts of New York, New York, and you and we consent to personal jurisdiction in those courts.
Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.
Subject to Section 10.6 , any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Francisco, California, and the Parties irrevocably consent to the personal jurisdiction and venue therein.
"Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois.Excerpt from ActiveCampaign's Terms of Service
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The clause states: “Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois.”
ConductAtlas has identified this type of provision across 263 platforms. See the full comparison.
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