ActiveCampaign

ActiveCampaign Terms of Service: User Overview

*Last updated: December 23, 2025. This summary is informational, not legal advice. The separate Privacy Policy and Acceptable Use Policy are incorporated by reference and may contain important additional terms.*

1. Data Collection and Use

The Terms refer to several categories of information:

• Account information: Information needed to register and maintain an account, which must be accurate and updated.
• Payment information: Payment-card information is collected, processed, and stored by third-party payment processors under their own privacy policies.
• Marketing Content: Content you create, upload, store, or send through the Services, including emails, SMS messages, photos, videos, software, reviews, and message-board content.
• Contact Data: Personal information about your customers, business contacts, followers, and other recipients (“Contacts”), including WhatsApp-related content and information.
• Usage and Beta-feature information: ActiveCampaign may monitor use of Beta Features and use that information to improve them and other Services.

You retain ownership of your Marketing Content, but grant ActiveCampaign a broad, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, distribute, and display it to your designated recipients or as directed by your settings.

ActiveCampaign may internally view, copy, and use Marketing Content and Contact Data to provide, train, improve, maintain, and troubleshoot the Services, detect issues, and ensure proper functioning.

Important risk: The Terms do not promise that Contact Data will be used exclusively for your account’s immediate service delivery; they expressly permit use for training and service improvement.

2. User Rights and Data Controls

The Terms themselves provide limited express data rights. Key controls and protections include:

• Contacts may request not to receive messages. ActiveCampaign may place them on a Global Exclusion List, preventing future communications through its Services.
• You are responsible for responding to and honoring privacy and data-rights requests from your Contacts.
• Archived Contact Data may be restorable from a backup after 30 days for up to one year, but restoration is not guaranteed.
• After the Restore Period, deletion, cancellation, or termination, Contact Data may be inaccessible and ActiveCampaign has no obligation to restore it.
• You must maintain independent backups; the Services are expressly not a permanent data repository.

Specific access, deletion, correction, objection, portability, or other privacy rights must be reviewed in the separate Privacy Policy and applicable law. Data may be transferred to and stored in the United States and other countries, potentially with fewer protections than in your location.

3. Third-Party Sharing

Contact Data may be disclosed:

• To third-party service providers supporting or administering the Services;
• In connection with a sale, financing, securitization, insurance transaction, assignment, or other transfer of ActiveCampaign or its assets;
• In response to subpoenas, warrants, court orders, or governmental demands;
• To investigate or prevent fraud, illegal conduct, safety threats, Terms violations, or other legally required matters.

Third-party integrations and payment services may have separate terms and privacy policies. ActiveCampaign disclaims responsibility for third-party services and content.

4. AI and Machine-Learning Training

Yes. The Terms expressly state that ActiveCampaign may use Marketing Content and Contact Data to train and improve the Services, including AI-related functionality, detect issues, and ensure proper operation.

For ActiveCampaign’s AI Features:

• Prompts and generated content are not claimed as ActiveCampaign’s property.
• Outputs may be similar or identical across users.
• Outputs may be inaccurate and should not be relied on for advice.
• ActiveCampaign does not guarantee that AI-generated content is non-infringing.

Users remain responsible for the legality, accuracy, permissions, and intellectual-property rights associated with prompts, inputs, and outputs.

5. Key User Obligations and Restrictions

You must:

• Be at least 18 and have authority to act for any represented organization.
• Secure your account and promptly report unauthorized access.
• Have a lawful basis, required notices, and consents for Contact Data and marketing communications.
• Comply with privacy, advertising, anti-spam, consumer-protection, export-control, sanctions, and other applicable laws.
• Maintain consent records and independent backups.

You may not send unlawful, unsolicited, discriminatory, infringing, abusive, or fraudulent content; scrape or reverse-engineer the Services; bypass access controls; use unauthorized integrations; or subscribe/unsubscribe others without permission. ActiveCampaign may suspend or terminate access based on suspected violations.

Subscriptions automatically renew until canceled. Inactivity does not cancel billing. Auto-upgrade may immediately increase fees if usage exceeds limits.

6. Liability and Disputes

The Services are provided “as is” and “as available,” with broad warranty disclaimers. ActiveCampaign does not guarantee accuracy, uninterrupted service, security, results, or AI output.

Generally, ActiveCampaign’s total liability is limited to the amount you paid for the Services. It excludes indirect, consequential, punitive, special damages, and lost profits, subject to legally required exceptions.

You must indemnify ActiveCampaign for claims arising from your use, content, legal violations, or infringement of others’ rights.

Most disputes must be resolved through confidential individual binding arbitration in Cook County, Illinois. Class actions and class arbitrations are waived. Claims must generally be filed within one year. You may opt out of arbitration by emailing legal@activecampaign.com within 30 days of first accepting the Terms.

7. Changes and Termination

Changes will be posted to the Services and the “Last Updated” date will change. ActiveCampaign may also email the account address or provide in-service notice. Unless stated otherwise, changes are effective immediately; continued use means acceptance.

ActiveCampaign may terminate or restrict access at any time, without notice, and disclaims responsibility for resulting data or business losses.

Privacy Policy Overview

Company: ActiveCampaign, LLC and related entities, including AC PM LLC for Postmark and DMARC Digests

Last updated: October 6, 2025

1. Data Collection & Usage

Information collected

ActiveCampaign may collect:

• Identity and contact data: name, email, phone number, postal address, IP address, online identifiers, and general location.
• Account and business data: company, employment details, payment information, purchase history, and services considered or purchased.
• Usage and technical data: browser, device, operating system, device identifiers, access times, pages visited, referring pages, clicks, email-response behavior, and preferences.
• Tracking data: cookies, web beacons, session replay, analytics data, and advertising identifiers.
• Inferences and profiles: likely location, communication preferences, interests, and other characteristics inferred from activity.
• Third-party data: information from social media, credit bureaus, data-enrichment providers, fraud-prevention vendors, partners, and public sources.
• Chatbot communications: voluntary chatbot interactions may be transcribed and retained.
• Connected email data: if you connect Google through the Nylas integration, ActiveCampaign may access email metadata, message bodies, and subject lines.

Purposes

Data may be used to provide and administer the Services, process payments, provide support, improve and personalize the platform, analyze usage, send service and marketing communications, detect fraud and security incidents, debug products, conduct internal research, deliver targeted advertising, and comply with legal obligations.

Important distinction: This policy generally does not govern “Contact Data”—such as customer email addresses imported by an ActiveCampaign client. ActiveCampaign says it processes that information as a processor or service provider under its client’s privacy policy and contract.

2. User Rights and Choices

Depending on location, users may have rights to:

• Access, correct, delete, restrict, or transfer personal data.
• Object to certain processing.
• Withdraw consent.
• Opt out of promotional emails and mobile notifications.
• Control cookies through browser settings, although disabling cookies may impair functionality.
• Disconnect Google and request deletion of connected Google data.
• California residents may opt out of the “sale” or “sharing” of personal information and may use an authorized agent.
• EEA, UK, and Swiss residents may complain to their local data-protection authority and may use Data Privacy Framework dispute procedures.
• Australian, Brazilian, and Costa Rican residents have additional access, correction, deletion, and related statutory rights.

Requests can generally be made through account settings or by emailing privacy@activecampaign.com. Deletion or withdrawal of consent may not be complete where retention is required for law, security, disputes, or legitimate business purposes.

3. Third-Party Sharing

Data may be shared with:

• Affiliates and related companies.
• Hosting, payment, analytics, security, fraud-prevention, customer-support, chatbot, and other service providers.
• Approved partners providing onboarding or consulting.
• Integration providers, including Nylas and services you connect.
• Advertising and social-media platforms, including platforms such as Facebook, Twitter, and LinkedIn.
• Lawyers and professional advisers.
• Authorities where legally required.
• Buyers or successors in a merger, acquisition, financing, or asset sale.

ActiveCampaign also discloses identifiers and online activity data to data-enrichment providers and shares information with advertising and social networks for personalized advertising. Aggregated or de-identified information may be disclosed more broadly.

4. AI/ML Training

The policy does not expressly say that personal data is used to train general-purpose AI models. However, it permits:

• Internal research and technical development.
• Service improvement, personalization, profiling, and recommendations.
• Chatbot use, including transcription and retention of conversations.
• Processing Google data to provide or improve user-facing features, subject to Google’s Limited Use Requirements.

Users should therefore avoid entering highly confidential information into chatbots or connected integrations unless necessary. The policy does not clearly define whether data used for “improvement” includes machine-learning model development.

5. Key User Obligations and Risks

Users should:

• Provide accurate information and protect account credentials.
• Review third-party integration policies before enabling integrations.
• Understand that public posts may become publicly visible.
• Avoid submitting sensitive or confidential data through optional chatbots, email integrations, or public features.
• Review cookie and advertising controls separately.

International transfers may send data to the United States, Australia, Ireland, Brazil, Costa Rica, and other countries where protections may differ from local law.

6. Liability & Disputes

This document is primarily a privacy notice and contains no detailed limitation-of-liability clause, warranty disclaimer, governing-law provision, arbitration clause, or general dispute-resolution process. Those terms may instead appear in the Terms of Service.

For eligible EEA, UK, and Swiss data, unresolved Data Privacy Framework complaints may be referred to JAMS, with binding arbitration available in certain circumstances. Other users may contact regulators, including the relevant data-protection authority.

7. Policy Changes

ActiveCampaign may change the policy by updating the “Last Updated” date. It may sometimes provide additional notice through its homepage or email, but users are encouraged to review the policy whenever they use or interact with the Services.