Crimtan Terms & Conditions: 4 Critical Legal Risks That Could Cost Millions | Erayaha

## When Legal Loopholes Become Million-Dollar Problems: Crimtan’s T&C Under the Microscope

Imagine a scenario where a single ambiguous clause leads to a GDPR fine of €20 million, or a vague liability cap results in a lawsuit that exceeds the value of an entire campaign. Our analysis of Crimtan’s Terms & Conditions reveals four critical legal and logical risks that could expose both Crimtan and its clients to substantial financial and regulatory consequences.

1. Ambiguous Limitation of Liability: Unenforceable Cap Risks Catastrophic Losses The current limitation of liability clause restricts Crimtan’s liability to the charges payable under the relevant IO. However, this cap is likely unenforceable in cases of gross negligence, willful misconduct, or breaches of statutory duties (e.g., data protection law). Courts in the UK and EU routinely strike down such overbroad caps, potentially exposing Crimtan to uncapped damages—especially in data breach scenarios, where average litigation costs can exceed $3.5 million per incident.

Legal Analysis

critical Risk

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Crimtan shall not have any’s liability to the Advertiser for lost profitsshall not be excluded or other consequential, special, indirect or incidental damages, based upon limited for: (a claim of any type) death or nature (including, but not limited to, contract, tort, includingpersonal injury caused by its negligence, warranty; (b) fraud or strict liabilityfraudulent misrepresentation; (c), even if advised breach of the possibility of such damages. Instatutory duties including data protection laws; or (d) any eventliability which cannot be excluded by law. For all other claims, Crimtan’s total obligations and/or liability to the Advertiser under or in connection with an IO shall not exceed the charges payable under the relevant IO in question.

Legal Explanation

The original clause attempts to exclude liability for all damages and caps liability at the IO value, even in cases where such exclusions are unenforceable by law (e.g., gross negligence, statutory breaches). The revision ensures compliance with UK/EU law and increases enforceability.

2. Data Privacy Compliance Gap: Insufficient Specificity for GDPR/CCPA While the T&C reference GDPR and CCPA, the obligations for lawful data processing are placed solely on the Advertiser, with insufficient clarity on Crimtan’s own compliance responsibilities. This exposes both parties to regulatory action, as joint controllers or processors are independently liable under GDPR. Regulatory fines can reach up to €20 million or 4% of annual turnover.

Legal Analysis

high Risk

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Both Crimtan and Advertiser undertakesshall ensure that, where and to the extent that any data collected, processed, or communicated in connection with a Campaign is subject to Applicable Laws, Advertiser shall ensure that (a) the Campaign complies with all Applicable Laws, (b) any processing by Crimtan of such data has a Lawful Basisincluding GDPR and otherwise complies with Applicable Laws, and (c) where dataCCPA. Each party is collected or communicated as a result of the firing of a Crimtan-or Crimtan Group-originated tag, the firing of that tag provides a Lawful Basisindependently responsible for theits own data processing activities and must provide evidence of that datacompliance upon request.

Legal Explanation

The original clause places the burden of compliance solely on the Advertiser, which is inconsistent with GDPR joint controller/processor obligations. The revision clarifies mutual responsibility and regulatory compliance.

3. Unilateral Rate Change Clause: Commercial Uncertainty and Dispute Risk Crimtan reserves the right to change quoted rates at any time, even after an IO is signed, unless the rate is in a signed IO. This creates commercial uncertainty and could lead to disputes, lost revenue, or claims for damages if rates are changed unilaterally without mutual agreement. In similar cases, courts have awarded damages equal to the value of the disputed campaign—often in the hundreds of thousands of dollars.

Legal Analysis

high Risk

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Crimtan reserves the right to changeOnce an IO is signed by both parties, all quoted rates at any timeare fixed and may not be changed except by mutual written agreement of both Crimtan and the Advertiser.

Legal Explanation

Allowing unilateral rate changes after contract execution undermines commercial certainty and is likely unenforceable. The revision ensures rates are stable and only changeable by mutual consent.

4. Overbroad Indemnity: Unlimited Exposure for Advertisers The indemnity clause requires the Advertiser to indemnify Crimtan for all losses, damages, and costs, including indirect and consequential losses, without any cap or carve-outs for contributory negligence. This could result in unlimited liability for the Advertiser, far exceeding the value of the campaign, and is likely to be challenged or limited by courts.

Legal Analysis

high Risk

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Advertiser agrees to indemnify Crimtan, its Publishers and their respectiveits affiliates, employees, officers, agents, directors and representatives (“Crimtan Indemnified Parties” or “CIP”) against alldirect losses, damages, liabilities, obligations, costs and expenses (including without limitation reasonable legal fees) (collectively “Losses”) arising from third-party claims relating to any claimthe Creative, action or proceeding based on or resultingexcept to the extent such losses result from any allegation (a) that Creative or any part of itCrimtan’s own negligence, or its inclusionwillful misconduct, reproduction or publishing on or in connection with any site infringes the rights of any person or entity or any applicable law, or (b) based on or that would indicate a breach of sub-paragraph 3 belowthis Agreement. Indirect and consequential losses are excluded.

Legal Explanation

The original clause imposes unlimited indemnity, including indirect losses and without carve-outs for Crimtan’s own negligence. The revision limits exposure to direct losses and excludes losses caused by Crimtan’s own actions, aligning with standard legal practice.

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Conclusion: Proactive Legal Protection Is Essential Our examination shows that Crimtan’s T&C contain several high-impact risks that could lead to multi-million dollar liabilities, regulatory fines, and protracted litigation. Addressing these issues through precise, balanced contract language is not just best practice—it’s essential risk management.

Are your contracts exposing you to hidden liabilities? How would your business survive a regulatory investigation or major lawsuit? What steps can you take today to ensure your agreements are legally enforceable and commercially sound?

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.