Material policy changes

training permitted

“By using automated means to access, collect, or otherwise use (“Access”) any publicly accessible Content from the Service for the purpose of developing or training any commercially available artificial intelligence model, machine learning system, or similar technology (a "Commercial AI System"), you hereby waive any and all policies, terms, conditions, or contractual provisions governing products, services, websites or datasets you own or operate that would otherwise prohibit, restrict, or place conditions upon GitHub's Access to any publicly accessible data, information or content associated with your products or services, including for the purpose of developing or training any Commercial AI System. You further agree not to impose technical or other targeted measures to restrict or retaliate against such Access.”

training with opt out

“We use your Inputs to generate Outputs and provide the AI Features. You also grant GitHub and its Affiliates a license to collect and use your Inputs and Outputs to develop, train and improve artificial intelligence and machine learning models and technologies including those that power AI Features, unless (a) you opt out through your account settings, or (b) your use of the Service is governed by a GitHub Customer Agreement or volume licensing agreement. If you opt out, GitHub will not collect or use your Inputs and Outputs for the purposes described in this paragraph from the effective date of your opt-out going forward.”

platform claims or reserves rights

“When using the Services, you may import data, including personally identifiable information, regarding your Contacts (as defined below) (“ Contact Data ”). We view and use Contact Data only to provide Services to you, at your direction and, as part of the Services, to train, detect issues with our Services, and to ensure their proper functioning. We do not disclose Contact Data to third parties, except as follows: We may share Contact Data with our third party service providers to provide our Services or administer the site. If any portion of ActiveCampaign is sold, Contact Data may be part of the business assets we transfer. Contact Data also may be disclosed if ActiveCampaign is considering or completes the financing, securitization, insuring, sale, assignment or other transfer of all or part of the company. We may disclose Contact Data as we reasonably believe is necessary to comply with any judicial or governmental subpoenas, warrants or orders. We reserve the right to use, disclose and share your information and Contact Data to investigate, prevent or take action with respect to any potential or actual fraud, illegal activities, circumstances which threaten the physical safety of any person, violations of these Terms of Service or as otherwise required by law. We may receive requests directly from individuals, including your Contacts, not to receive emails from our Services. To comply with international data protection laws and to respect their requests, we place those individuals on a communications exclusion list (“ Global Exclusion List ”) so that they may no longer receive communications from our Services.”

user retains rights

“Our Services may allow you and other users to create, post, store and share marketing, communications, or other content, including, but not limited to, email, text or SMS messages, photos, videos, software and other materials, and review or message boards (collectively, “ Marketing Content “). As between you and ActiveCampaign, you are fully and solely responsible for the creation and substance of the Marketing Content notwithstanding any comments, suggestions, or advice we may provide. You understand and agree that our Services are “interactive computer services” as that term is used in 47 U.S.C. § 230 and that ActiveCampaign is entitled to all rights and privileges attendant thereto. Except for the license you grant below, you retain all rights in and to your Marketing Content, as between you and ActiveCampaign. You grant ActiveCampaign a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display your Marketing Content to the recipients or audience designated by you or otherwise in accordance with the settings you specify in the Services. As a part of the Services, we may view, copy, and internally use Marketing Content to help us train and improve the Services, including their functionality and effectiveness for you and your campaigns, as well as to assist us in detecting issues. You may not create, post, store or share any Marketing Content that violates these Terms, including our Acceptable Use Policy ( https://www.activecampaign.com/legal/acceptable-use-policy ), or for which you do not have all the rights necessary to grant us the license described above.”

sale or sell

“When using the Services, you may import data, including personally identifiable information, regarding your Contacts (as defined below) (“ Contact Data ”). We view and use Contact Data only to provide Services to you, at your direction and, as part of the Services, to train, detect issues with our Services, and to ensure their proper functioning. We do not disclose Contact Data to third parties, except as follows: We may share Contact Data with our third party service providers to provide our Services or administer the site. If any portion of ActiveCampaign is sold, Contact Data may be part of the business assets we transfer. Contact Data also may be disclosed if ActiveCampaign is considering or completes the financing, securitization, insuring, sale, assignment or other transfer of all or part of the company. We may disclose Contact Data as we reasonably believe is necessary to comply with any judicial or governmental subpoenas, warrants or orders. We reserve the right to use, disclose and share your information and Contact Data to investigate, prevent or take action with respect to any potential or actual fraud, illegal activities, circumstances which threaten the physical safety of any person, violations of these Terms of Service or as otherwise required by law. We may receive requests directly from individuals, including your Contacts, not to receive emails from our Services. To comply with international data protection laws and to respect their requests, we place those individuals on a communications exclusion list (“ Global Exclusion List ”) so that they may no longer receive communications from our Services.”

third party or vendor sharing

“When using the Services, you may import data, including personally identifiable information, regarding your Contacts (as defined below) (“ Contact Data ”). We view and use Contact Data only to provide Services to you, at your direction and, as part of the Services, to train, detect issues with our Services, and to ensure their proper functioning. We do not disclose Contact Data to third parties, except as follows: We may share Contact Data with our third party service providers to provide our Services or administer the site. If any portion of ActiveCampaign is sold, Contact Data may be part of the business assets we transfer. Contact Data also may be disclosed if ActiveCampaign is considering or completes the financing, securitization, insuring, sale, assignment or other transfer of all or part of the company. We may disclose Contact Data as we reasonably believe is necessary to comply with any judicial or governmental subpoenas, warrants or orders. We reserve the right to use, disclose and share your information and Contact Data to investigate, prevent or take action with respect to any potential or actual fraud, illegal activities, circumstances which threaten the physical safety of any person, violations of these Terms of Service or as otherwise required by law. We may receive requests directly from individuals, including your Contacts, not to receive emails from our Services. To comply with international data protection laws and to respect their requests, we place those individuals on a communications exclusion list (“ Global Exclusion List ”) so that they may no longer receive communications from our Services.”

training permitted

“If you provide your private repository content as Input to AI Features, we may use that Input to provide, develop, train, and improve the Service, including AI Features. Your ability to opt out under Section J.3 applies to this use of private repository content. We will not otherwise use your private repository contents to develop or improve the Service.”

training with opt out

“We use your Inputs to generate Outputs and provide the AI Features. You also grant GitHub and its Affiliates a license to collect and use your Inputs and Outputs to develop, train and improve artificial intelligence and machine learning models and technologies including those that power AI Features, unless (a) you opt out through your account settings, or (b) your use of the Service is governed by a GitHub Customer Agreement or volume licensing agreement. If you opt out, GitHub will not collect or use your Inputs and Outputs for the purposes described in this paragraph from the effective date of your opt-out going forward.”

sublicensable or transferable

“You hereby grant to Move AI a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, sub-licensable licence to copy, display, communicate, adapt, edit, and otherwise use the Video Data and the Materials for the provision of the API and related services and/or the development, training and improvement of our products, technologies, systems and services. Subject to clause 5.5, Move AI hereby grants to you a worldwide, royalty-free, fully paid-up, non-exclusive transferable, sublicensable licence of all Intellectual Property Rights it owns in the Output with effect from the date of their creation.”

broad license

“You hereby grant to Move AI a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, sub-licensable licence to copy, display, communicate, adapt, edit, and otherwise use the Video Data and the Materials for the provision of the API and related services and/or the development, training and improvement of our products, technologies, systems and services. Subject to clause 5.5, Move AI hereby grants to you a worldwide, royalty-free, fully paid-up, non-exclusive transferable, sublicensable licence of all Intellectual Property Rights it owns in the Output with effect from the date of their creation.”