The agreement places full compliance responsibility on users for lawful basis of processing, consent, and notice obligations under applicable communications and data protection laws in every jurisdiction where their Contacts reside, including maintaining all records of consents independently of ActiveCampaign's platform.
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 establishes that users bear sole responsibility for compliance with CAN-SPAM, TCPA, GDPR, CASL, and other applicable sending and data protection laws, and that ActiveCampaign's platform does not serve as the record-of-truth for consent documentation. Users are required to maintain independent backup systems for Contact Data and consent records entirely separate from the Services.
The agreement establishes that users, not ActiveCampaign, are responsible for obtaining and maintaining consent records for all marketing communications and for complying with all applicable sending laws in every jurisdiction where their Contacts are located. The agreement also states that ActiveCampaign's platform does not serve as a repository for Contact Data and users must maintain independent backups of consent records.
Cross-platform context
See how other platforms handle User Compliance Responsibility for Sending Laws and Contact Consent and similar clauses.
Compare across platforms →"You further represent and warrant that you have a lawful basis for processing and sending Marketing Content to your customers, business contacts, followers and others who receive marketing messages from you or on your behalf ('Contacts'). [...] You (and not ActiveCampaign) are responsible for ensuring that you meet all notice and consent obligations for sending communications to individuals in the jurisdictions where they reside. [...] you, and not ActiveCampaign, have sole responsibility for maintaining all records relating thereto.Excerpt from ActiveCampaign's Terms of Service
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This provision establishes that users bear sole responsibility for compliance with CAN-SPAM, TCPA, GDPR, CASL, and other applicable sending and data protection laws, and that ActiveCampaign's platform does not serve as the record-of-truth for consent documentation. Users are required to maintain independent backup systems for Contact Data and consent records entirely separate from the Services.
The agreement establishes that users, not ActiveCampaign, are responsible for obtaining and maintaining consent records for all marketing communications and for complying with all applicable sending laws in every jurisdiction where their Contacts are located. The agreement also states that ActiveCampaign's platform does not serve as a repository for Contact Data and users must maintain independent backups of consent records.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by ActiveCampaign.