ACT! AI SERVICES ADDENDUM
This AI Services Addendum (this “AI Addendum”) supplements and forms part of the Act! Terms of Service located at https://www.act.com/legal/terms-of-service/ (the “Agreement”) between Act! LLC (“Act!”) and You. This AI Addendum governs Your access to and use of Act! AI Features (as defined below). Capitalized terms used but not defined in this AI Addendum have the meanings given to them in the Agreement.
Relationship to Agreement and Data Processing.
This AI Addendum supplements the Agreement solely with respect to the Act! AI Features. To the extent Act! processes Personal Data (including Product Stored Data as described in the Act! Privacy Policy, located at https://www.act.com/legal/privacy-policy/) as a processor in connection with Act! AI Features, the applicable data processing terms govern that processing. In the event of a conflict between this AI Addendum and the Agreement, this AI Addendum will control solely with respect to Your use of Act! AI Features. Except as expressly stated herein, this AI Addendum does not modify the governing law, venue, or dispute-resolution terms of the Agreement.
- Definitions
(a) “Act! AI Features” means any products, features, tools, or functionality within the Services that incorporate artificial intelligence, machine learning, natural language processing, or related technologies. Act! AI Features currently include AI-powered contact and activity summarization within Act! CRM and AI-assisted content generation within Act! Marketing Automation. Act! may add, modify, or discontinue specific AI Features from time to time in accordance with Section 7.
(b) “AI Input” means any text, data, prompts, instructions, files, or other content that You or Your Users submit to or make available for processing by Act! AI Features, including without limitation contact records, activity histories, notes, email content, and marketing materials.
(c) “AI Output” means any text, summaries, suggestions, recommendations, drafted content, or other materials generated by Act! AI Features in response to or based on AI Input.
(d) “AI Service Provider” means a third-party provider of artificial intelligence models, infrastructure, or services that Act! uses to deliver Act! AI Features. Current AI Service Providers are identified in Section 5.
(e) “Model Training” means adjusting the parameters or weights of an artificial intelligence model to improve its general performance, including fine-tuning. Model Training does not include: (i) processing AI Input and returning AI Output in the ordinary course of delivering Act! AI Features; (ii) prompt engineering, caching, or retrieval-augmented generation (RAG) and grounding techniques used to improve the relevance of AI Output; or (iii) logging of operational metadata that does not adjust model weights.
(f) “De-identified Data” means data that has been processed so that it cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable individual, taking into account reasonably available means of re-identification. Act! will maintain (i) technical safeguards that prevent re-identification, (ii) business processes that prohibit re-identification and onward disclosure inconsistent with de-identification, and (iii) contractual controls requiring the same of its service providers who receive such data.
- AI Output: Ownership, Accuracy, and Responsibility
2.1 Classification.
AI Output generated for You and delivered into Your account is Your Content, as that term is defined in Section 14.2 of the Agreement. AI Output is subject to all provisions of the Agreement applicable to Your Content, including the confidentiality protections of Section 19 and the data privacy provisions of Section 18. To the extent AI Output includes or is derived from Act! Content or third-party content made accessible through the Services, You receive that AI Output for Your internal business use of the Services, subject to any applicable content restrictions in the Agreement.
2.2 Ownership.
As between You and Act!, You own AI Output generated for You, subject to the following:
(a) Your ownership does not transfer or grant You any rights in or to the underlying AI models, algorithms, software, technology, or intellectual property used by Act! or its AI Service Providers.
(b) AI Output may not be unique. Act! AI Features may generate the same or substantially similar output for other customers.
(c) Your ownership is subject to Your compliance with this AI Addendum and the Agreement.
2.3 Intellectual Property Indemnity Scope.
For clarity, Act!’s indemnity for infringement claims under Section 16.1 of the Agreement does not apply to claims based on: (a) AI Output; (b) Your use or distribution of AI Output; or (c) AI Input provided by You, except to the extent such claim alleges that the Act! AI Features themselves (excluding AI Output and AI Input) infringe a third party’s intellectual property rights. You are solely responsible for evaluating AI Output for potential intellectual property issues before use or distribution.
2.4 Accuracy.
Act! AI Features are designed to assist You in managing contacts, generating content, and improving productivity. However, AI technology is inherently probabilistic, and AI Output may be:
(i) incomplete, inaccurate, or out of date;
(ii) unsuitable for Your specific business circumstances or regulatory requirements;
(iii) inconsistent with prior AI Output on the same or similar topics; or
(iv) reflective of biases or limitations present in the underlying AI models.
AI Output is provided for informational and assistive purposes only and should not be treated as a substitute for Your own professional judgment, independent verification, or the advice of qualified professionals.
2.5 Your Responsibility.
You are solely responsible for:
(a) reviewing and verifying all AI Output before use, publication, or distribution;
(b) determining whether AI Output is appropriate for Your intended purpose;
(c) ensuring that Your use of AI Output does not infringe, misappropriate, or otherwise violate the rights of any third party; and
(d) ensuring that any AI Output incorporated into communications complies with all applicable laws, including consumer protection, advertising, and disclosure requirements.
- How Act! Uses Your Data in Connection with AI Features
3.1 Operational Processing.
When You use Act! AI Features, Your AI Input will be transmitted to and processed by Act! and its AI Service Providers solely for the purpose of generating AI Output and delivering the Act! AI Features to You. This operational processing—including prompt processing, retrieval-augmented generation, and caching—is necessary to provide the functionality You have requested and does not constitute Model Training.
3.2 No Model Training on Your Content.
Act! does not use Your Content or Your AI Input to train general-purpose AI models operated by Act! or to fine-tune models for use by other customers. When Act! uses third-party AI Service Providers, Your Content is submitted solely for the purpose of generating AI Output for You. Act! requires its AI Service Providers to process such data in accordance with their enterprise data-use commitments, which prohibit the use of customer data for training general-purpose models serving other customers If Act! ever intends to use your content to train AI models in a manner that could benefit other customers or shared systems, Act! will first obtain Your prior affirmative opt-in consent through a separate mechanism.
3.3 Service Improvement and Feedback
Act! may collect and use De-identified Data (as defined in Section 1(f)) related to Act! AI Features—such as feature utilization patterns, error rates, response latency metrics, and general usage volumes—for the purpose of monitoring, maintaining, improving, and troubleshooting the Act! AI Features. This information is processed in aggregated or de-identified form and in accordance with Section 18 (Data Privacy) of the Agreement and the Act! Privacy Policy.
If Act! AI Features produce erroneous, inconsistent, or unexpected output, Act! may review relevant service logs and operational context to diagnose and correct the issue. To the extent such review involves Customer Content, Act! personnel will access the minimum information reasonably necessary to investigate the issue and will do so in accordance with Act!’s security and confidentiality obligations under the Agreement.
Except as described above, Act! will not access identifiable Customer Content for AI model evaluation, testing, or improvement purposes without Your authorization, unless such access is required to address a security incident,
3.4 Retention of AI Interaction Data.
Act! applies the following retention model to data associated with AI Features:
(a) Account Content. AI Output stored in Your account is retained until deleted by You or until Your account is terminated and data is deleted pursuant to the Agreement.
(b) AI Service Provider Logs. AI Input and AI Output transmitted to AI Service Providers may be temporarily retained by those providers for up to thirty (30) days solely for abuse monitoring, safety filtering, and operational security, after which it is deleted, unless longer retention is required by law. AI Service Providers are contractually prohibited from using retained data for Model Training.
(c) De-identified Analytics. De-identified Data derived from AI feature usage may be retained for longer periods for service improvement, subject to the safeguards in Section 1(f).
- Acceptable Use of AI Features
4.1 General.
Your use of Act! AI Features is subject to Section 9 (Restrictions) of the Agreement and the following additional restrictions.
4.2 Prohibited Uses.
You will not, and will not permit any User or third party to, use Act! AI Features to:
(a) generate content that is illegal, fraudulent, defamatory, threatening, harassing, obscene, or otherwise objectionable;
(b) generate or distribute unsolicited communications (spam) or content that violates the Act! Anti-Spam Policy;
(c) generate content that infringes, misappropriates, or violates the intellectual property rights, privacy rights, or other rights of any third party;
(d) provide, market, or present AI Output as professional advice (including legal, financial, medical, tax, or accounting advice) without appropriate professional review;
(e) knowingly misrepresent AI-generated content as exclusively human-authored where applicable law requires disclosure;
(f) create profiles of, or make automated decisions about, individuals based on protected characteristics in a manner that unlawfully discriminates;
(g) attempt to reverse-engineer, extract, copy, or reconstruct the underlying AI models, model weights, algorithms, training data, or proprietary methods; or
(h) use Act! AI Features in any manner that violates applicable law, including AI governance, data protection, consumer protection, and anti-discrimination laws.
4.3 Violations.
A violation of this Section 4 will be considered a breach of the Agreement. Act! reserves the right to suspend or disable Your access to Act! AI Features in accordance with Section 12 (Suspension) of the Agreement.
- Third-Party AI Service Providers
5.1 Use of AI Service Providers.
Act! uses third-party AI Service Providers to power certain Act! AI Features. When You use Act! AI Features, Your AI Input and AI Output may be transmitted to and processed by these AI Service Providers.
5.2 AI Service Provider Commitments.
Act! engages AI Service Providers only under written agreements that:
(a) limit the AI Service Provider’s processing to delivering the Act! AI Features;
prohibit the AI Service Provider from using Your Content, AI Input, or AI Output to train or improve general-purpose AI models that are made available to other customers
(c) limit retention to the minimum period necessary for abuse monitoring and operational security (generally no longer than 30 days), after which such data is deleted in accordance with the provider’s enterprise data handling commitments.
(d) impose confidentiality and security obligations no less protective than those in this Agreement; and
(e) restrict human access to AI Input and AI Output except where necessary for security monitoring, abuse prevention, incident response, legal compliance, or as otherwise authorized by You.
5.3 Current AI Service Providers.
As of the effective date of this AI Addendum, Act! uses the following AI Service Provider(s):
| Provider | Purpose | Data Practices |
| OpenAI, L.L.C. | AI model provider for augmentation of general CRM capabilities | API data not used for Model Training. Data retained up to 30 days for abuse monitoring, then deleted. Processing location: United States. |
| Anthropic PBC | AI model provider for augmentation of general CRM capabilities | API data not used for Model Training. Data retained for a limited period for abuse monitoring, then deleted. Processing location: United States. |
5.4 Changes to AI Service Providers.
Act! may add, replace, or remove AI Service Providers from time to time. Act! will update this AI Addendum or a designated page on the Act! website to reflect material changes. Your continued use of Act! AI Features following any such update constitutes acceptance. If You object to a change in AI Service Provider, You may opt out of Act! AI Features in accordance with Section 6.
- Opting Out of AI Features
6.1 Opt-Out Right.
You may opt out of all Act! AI Features at any time. To opt out, disable AI Features through Your account settings or contact Act! at support@act.com. Upon opt-out, Act! will disable all AI-powered functionality for Your account.
6.2 Effect of Opt-Out.
(a) All Act! AI Features will be disabled for Your account and all associated Users;
(b) All other Services will continue to function without interruption;
(c) AI Output previously generated will remain in Your account as Your Content unless You delete it; and
(d) You may re-enable Act! AI Features at any time.
6.3 No Fee Adjustment.
Unless otherwise specified in Your Order or Confirmation, opting out does not entitle You to a reduction in Fees. Act! AI Features are provided as part of the Services and are not separately priced.
- Availability and Modifications
7.1 Modifications.
Act! reserves the right to modify, update, suspend, or discontinue any Act! AI Features at any time. Act! will use commercially reasonable efforts to provide advance notice of material changes.
7.2 Availability.
Act! AI Features may not be available in all geographic regions, on all subscription plans, or at all times.
7.3 Third-Party Downtime.
Service interruptions attributable to AI Service Providers are not within Act!’s direct control. To the extent the Agreement includes service level commitments, downtime caused by AI Service Providers is excluded.
- Disclaimer of Warranties; Limitation of Liability
8.1 AI-Specific Disclaimer.
IN ADDITION TO SECTION 15.3 OF THE AGREEMENT, ACT! AI FEATURES AND ALL AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. ACT! SPECIFICALLY DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF AI OUTPUT. ACT! DOES NOT WARRANT THAT AI OUTPUT WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR WILL ACHIEVE ANY PARTICULAR OUTCOME.
8.2 Limitation of Liability.
WITHOUT LIMITING SECTION 17 OF THE AGREEMENT, IN NO EVENT WILL ACT! BE LIABLE FOR ANY DAMAGES ARISING FROM: (A) YOUR RELIANCE ON AI OUTPUT; (B) DECISIONS MADE OR ACTIONS TAKEN BASED ON AI OUTPUT; (C) INACCURACIES, ERRORS, OR OMISSIONS IN AI OUTPUT; (D) THIRD-PARTY INTELLECTUAL PROPERTY CLAIMS ARISING FROM AI OUTPUT; OR (E) UNAVAILABILITY OR DEGRADED PERFORMANCE OF ACT! AI FEATURES DUE TO AI SERVICE PROVIDER ISSUES.
- Compliance with Laws
9.1 Your Obligations.
You are responsible for compliance with all applicable laws related to Your use of Act! AI Features, including:
(a) AI governance laws (including the EU AI Act and state-level AI regulations where applicable);
(b) data protection and privacy laws (including GDPR, CCPA/CPRA);
(c) consumer protection and advertising disclosure laws; and
(d) industry-specific regulations applicable to Your business.
9.2 Disclosure Obligations.
If You use AI Output in communications to Your contacts, customers, or other recipients, You are solely responsible for determining whether applicable law requires disclosure that content was AI-generated, and for making such disclosure where required. Act! will provide reasonable in-product indicators when content is generated or materially assisted by Act! AI Features to support Your compliance obligations.
- General Provisions
10.1 Incorporation.
This AI Addendum is incorporated into and forms part of the Agreement. Provisions of this AI Addendum that by their nature should survive termination (including Sections 2, 4, 8, and 9) will survive.
10.2 Updates.
Act! may update this AI Addendum in accordance with Section 3 of the Agreement. Act! will post the updated version with a revised “Last Updated” date. Your continued use of Act! AI Features following any update constitutes acceptance.
10.3 Entire AI Agreement.
This AI Addendum, together with the Agreement and any applicable Order or Confirmation, constitutes the entire understanding between the parties with respect to Act! AI Features.