Eiki International, Inc. Terms & Conditions: Top 4 Legal Risks and How to Fix Them | Erayaha

## When We Examined Eiki International, Inc.'s Terms & Conditions: What $500,000+ in Legal Exposure Looks Like

Eiki International, Inc.'s Terms & Conditions present a familiar landscape for digital businesses—yet our analysis reveals several high-impact legal risks that could expose the company to regulatory fines, litigation, and reputational harm. With GDPR penalties reaching €20 million or 4% of annual revenue, and U.S. class action litigation often exceeding $500,000 in defense costs alone, even a single ambiguous or unenforceable clause can have outsized financial consequences.

1. Unilateral Amendment Rights: Unenforceable and Risky The T&C grants Eiki International, Inc. the right to change terms at any time without notice. Courts routinely strike down such provisions as unconscionable, especially if users are not given meaningful notice or an opportunity to consent. This exposes the company to claims of unfair contract practices and regulatory scrutiny under consumer protection laws.

Legal Analysis

high Risk

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Eiki International, Inc. shall have the right, at its discretion, tomay change, modify, add, or remove terms of this Agreement by providing at any time withoutleast 30 days’ advance notice. While we will endeavor to postusers via email or prominent notice on the Site. Continued use of the Services after such changes, nonetheless, changes shall be effective immediatelynotice constitutes acceptance of the revised terms.

Legal Explanation

The original clause allows unilateral changes without notice, which courts often find unconscionable and unenforceable. The revision ensures users receive meaningful notice and an opportunity to review changes, aligning with consumer protection standards and increasing enforceability.

2. Overbroad Content License: IP and Moral Rights at Stake The user content license is drafted so broadly that it arguably waives all user rights, including moral rights, and allows perpetual, irrevocable, sublicensable use. This could trigger disputes under U.S. copyright law and international treaties (e.g., Berne Convention), risking statutory damages of $150,000 per work infringed.

Legal Analysis

high Risk

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By submitting Content to the Site, you hereby grant to Eiki International, Inc. a non-exclusive, its affiliates and related entities the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display all suchyour Content in any form, media, software or technology of any kind now existing or developed insolely for the future. You further grant Eiki International, Inc. the right to use your namepurposes of operating and any other information about you that you provide in connection withpromoting the reproduction or distribution of such ContentSite and Services. AllThis license does not waive your moral rights in this paragraph are grantedor allow sublicensing without the need for additional compensation of any sort to youyour explicit written consent.

Legal Explanation

The original license is overly broad, potentially waiving user moral rights and allowing unlimited sublicensing, which may violate copyright laws and international treaties. The revision limits the license to necessary business purposes and preserves user rights, reducing IP litigation risk.

3. Disclaimer of Liability: Potentially Unenforceable and Non-Compliant The T&C attempts to disclaim all liability for damages, including direct, indirect, and punitive damages. Such blanket disclaimers are routinely invalidated by courts, especially for gross negligence, willful misconduct, or violations of statutory rights. The lack of carve-outs for mandatory consumer protections (e.g., California Civil Code § 1789.17) exposes Eiki International, Inc. to significant litigation risk.

Legal Analysis

critical Risk

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None of Eiki International, Inc., their affiliates, employees, agents, content providers and licensors shall not be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused except where such limitation is prohibited by the Site or its content, including losses relatedlaw. This limitation does not apply to your use or inability to use the Servicesliability for gross negligence, any errorswillful misconduct, omissions or defects in the content, or any interruptions, delays in transmission or computer virusesviolation of statutory consumer rights.

Legal Explanation

Blanket disclaimers of liability are frequently invalidated by courts, especially where consumer rights or gross negligence are involved. The revision carves out mandatory exceptions, increasing enforceability and compliance with statutory requirements.

4. Data Sharing with Third Parties: Privacy Compliance Gaps The T&C permits sharing registration data with third-party partners, but lacks clear user consent mechanisms and does not reference compliance with GDPR, CCPA, or other privacy regulations. This could result in regulatory investigations and fines—GDPR alone allows for penalties up to €20 million or 4% of annual turnover.

Legal Analysis

high Risk

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You agree that anyAny registration data you provide maywill only be shared by Eiki International, Inc. with select third party business partners, consistentparties in accordance with our current Privacy Policy. Eiki Internationalapplicable privacy laws (including GDPR and CCPA) and only with your explicit, Incinformed consent. shall inform its partners if you state a preference notYou have the right to be contacted. However, Eiki International, Inc. shall not be responsible or liable if a partner contacts you, permits a third party to contact you, or provides or discloseswithdraw consent and request deletion of your registration data toat any third partytime.

Legal Explanation

The original clause lacks clear consent mechanisms and does not reference compliance with major privacy laws. The revision incorporates explicit consent and regulatory compliance, reducing risk of regulatory fines and user complaints.

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Conclusion: Proactive Legal Protection is Essential Our analysis shows that Eiki International, Inc.'s current Terms & Conditions contain several preventable risks that could lead to costly disputes, regulatory penalties, and reputational damage. Proactive redlining and legal review can mitigate these exposures, strengthen enforceability, and foster user trust.

Are your contracts exposing your business to unnecessary legal risk?
How would a regulatory audit or class action impact your bottom line?
What steps can you take today to future-proof your legal framework?

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.