Axium Global Terms & Conditions: Critical Legal Risks and Enforceability Gaps Exposed | Erayaha

## When We Examined Axium Global’s Terms & Conditions: Four Legal Risks That Could Cost Millions

Imagine a scenario where a single ambiguous clause leads to a GDPR fine of €20 million, or a vague liability disclaimer results in a lawsuit costing hundreds of thousands in legal fees. Our analysis of Axium Global (formerly XS CAD)’s Terms & Conditions reveals four critical legal and logical issues that could have substantial financial and regulatory consequences.

1. Ambiguous Data Processing and Marketing Consent (GDPR/CCPA Risk) The current data protection clause permits broad use of personal data for marketing without clear consent or opt-out mechanisms. This exposes Axium Global to regulatory action under GDPR and CCPA, where fines can reach up to €20 million or 4% of annual turnover. A lack of specificity around lawful data processing and user rights is a major compliance gap.

Legal Analysis

high Risk

Removed

Added

Where you have registered your details and not indicated to the contrary, we maywill only use theyour information to contact you by telephone, post,/ email about other products, developments, or services that may be relevant toif you fromhave provided explicit, informed consent, in accordance with GDPR and CCPA requirements. You may withdraw your consent or opt out at any time to time.

Legal Explanation

The original clause lacks explicit consent and opt-out mechanisms required by GDPR and CCPA. The revision ensures lawful processing, transparency, and user control, reducing regulatory risk.

2. Overbroad Intellectual Property Restrictions (Unenforceable and Anti-Competitive) The T&C prohibit all copying, distribution, and adaptation of website content, even for legitimate fair use or statutory exceptions. Overly restrictive IP clauses are often deemed unenforceable and can stifle legitimate user activity, risking reputational harm and potential legal challenges.

Legal Analysis

medium Risk

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Added

You are prohibited from Viewing and printing any or all parts of the website for any commercial purpose Copying (including downloading)may not copy, distributingdistribute, publishingpublish, alteringalter, adapting or usingadapt any part of this website, except as expressly permitted above Removing any copyrightby applicable law (including fair use, trademarkfair dealing, or other intellectual property notices contained within the site using this websitestatutory exceptions) or any part of it on any other website or other published materialwith prior written consent from Axium Global (formerly XS CAD).

Legal Explanation

The original clause is overly broad and potentially unenforceable, as it fails to recognize statutory exceptions such as fair use. The revision aligns with legal standards and reduces the risk of anti-competitive challenges.

3. Disclaimers of Liability for Third-Party Links (Consumer Protection Violation) The blanket disclaimer of all responsibility for third-party links may conflict with consumer protection laws in the UK and EU, which require reasonable diligence and disclosure of risks. Failure to provide adequate warnings or due diligence could result in regulatory enforcement and compensation claims.

Legal Analysis

high Risk

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Added

Axium Global (formerly XS CAD) is not responsible for the content nor accepts any liability howsoever arising in respect of any suchthird-party sites, except where required by applicable law to exercise reasonable diligence or provide adequate warnings regarding known risks.

Legal Explanation

The original blanket disclaimer may conflict with consumer protection laws that require reasonable diligence and disclosure. The revision balances liability limitation with legal compliance.

4. Governing Law Clause Lacks Clarity for International Users (Jurisdictional Uncertainty) The governing law provision states the T&C are subject to UK law but acknowledges users from multiple countries. Without a clear jurisdiction clause, Axium Global faces uncertainty in cross-border disputes, potentially leading to forum shopping and increased litigation costs.

Legal Analysis

medium Risk

Removed

Added

It is intended that the information onThese terms and any disputes arising from use of this website shall be usedgoverned by persons residentand construed in various countries, butaccordance with the overall governing law should be thatlaws of England and Wales. Any legal actions shall be brought exclusively in the UK (XS CAD global headquarters)courts of England and Wales, unless otherwise required by mandatory local law.

Legal Explanation

The original clause lacks clarity on jurisdiction and dispute resolution, increasing the risk of forum shopping and cross-border litigation. The revision provides legal certainty and reduces litigation risk.

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Key Takeaways & Business Implications Our review highlights preventable risks that could result in: - Regulatory fines exceeding €20 million for privacy violations - Litigation costs and reputational damage from unenforceable or anti-competitive terms - Increased liability exposure due to inadequate consumer protection - Cross-border legal disputes with unpredictable outcomes

Proactive contract redlining and legal review can mitigate these risks, strengthen enforceability, and protect business value.

Are your terms and conditions exposing your business to unnecessary risk? How would your company handle a multi-jurisdictional legal dispute? What steps can you take today to ensure regulatory compliance and contractual clarity?

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This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.