Intoxalock’s Terms & Conditions: 4 Legal Risks That Could Cost Millions | Erayaha

## When We Examined Intoxalock’s Terms: 4 Legal Risks That Could Cost Millions

Imagine a scenario where a single ambiguous clause in your privacy policy leads to a $10 million GDPR fine, or a vague liability disclaimer leaves your company exposed to class action litigation. Our analysis of Intoxalock’s Terms & Conditions reveals four key legal and logical errors that could result in significant financial and regulatory exposure.

1. Overbroad Data Collection and Use Clauses Intoxalock’s T&C allows for the collection and use of personal and sensitive information for broadly defined purposes, without clear limitations or explicit reference to legal bases required under laws like GDPR and CCPA. This exposes the company to regulatory fines of up to €20 million or 4% of annual global turnover under GDPR, and similar risks under CCPA.

Legal Analysis

high Risk

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We collect and use personal information from you when you submit a request or inquire about our products or servicessolely for the specific purposes outlined in this Privacy Notice, when you use our Services, or otherwise contact or interactin accordance with usapplicable privacy laws including GDPR and CCPA. ... Types of information that We may collect from you, our affiliated entities,will only process personal and external third-party sources include: Identifiers and Contactsensitive information, with a valid legal basis (such as your name, email address, mailing address, phone number, and driver’s license information. ... We may combine all the information We collect from and/consent or about youlegitimate interest), including from third-party tools, and will not use it in the manner described in this Privacy Noticeor combine data for purposes beyond those explicitly stated herein.

Legal Explanation

The original clause is overly broad and lacks reference to legal bases for data processing, violating GDPR and CCPA requirements for specificity and lawfulness. The revision clarifies lawful purposes and limits processing to what is necessary and disclosed.

2. Unclear Data Sharing with Affiliates and Third Parties The policy permits sharing of personal data with affiliates and third parties for marketing and other purposes, but lacks user opt-out mechanisms and fails to specify safeguards or contractual requirements. This creates a compliance gap with CCPA and state privacy laws, risking statutory damages of $2,500 per violation.

Legal Analysis

high Risk

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We share your personal information withinwith Mindr’s family of brands and affiliated entities (e.g.only as necessary to provide the Services you have requested, parent company, sister companies, subsidiaries, joint ventures, or other companies under common control) for purposes consistentand only with this Privacy Notice. This includes sharing your personal information with our brands and affiliated entitiesexplicit consent for their direct marketing and promotional purposes. You may opt out of such sharing at any time. All data sharing will be governed by written agreements requiring compliance with applicable privacy laws and so they can provide services to yousafeguarding your information.

Legal Explanation

The original clause permits broad sharing for marketing without user control, violating CCPA and state privacy laws. The revision adds opt-out rights, limits sharing to necessary purposes, and requires contractual safeguards.

3. Liability Disclaimer Lacks Consumer Protection Safeguards The T&C attempts to limit liability for data breaches and unauthorized disclosures, but does not address minimum consumer protection standards or carve-outs for gross negligence or willful misconduct. This could render the clause unenforceable and expose Intoxalock to uncapped damages in litigation, with breach settlements averaging $5 million.

Legal Analysis

critical Risk

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We cannot guarantee that transmissions of your personal information will be fully secure and that third parties will never be able to defeat ourWhile we implement reasonable security measures or the security measures of our partners. ... We assume no liability, we remain liable for the disclosureunauthorized disclosures of yourpersonal information due to transmission errorsresulting from our gross negligence, third-party accesswillful misconduct, or causes beyond our controlfailure to comply with applicable data protection laws. Nothing in this clause limits your statutory rights as a consumer.

Legal Explanation

The original clause attempts to disclaim all liability, including for gross negligence or legal violations, which is unenforceable in many jurisdictions. The revision preserves consumer rights and aligns with minimum legal standards.

4. Ambiguous Jurisdiction and Governing Law Provisions The jurisdiction clause states that the services are managed from the U.S. and not intended to subject Intoxalock to laws outside the U.S., but does not specify exclusive jurisdiction, venue, or address cross-border data subject rights. This ambiguity can lead to forum shopping and conflicting legal obligations, increasing litigation costs by hundreds of thousands of dollars.

Legal Analysis

medium Risk

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Our Services are hosted in and managed and controlledThis Agreement shall be governed by us from the United States and is not intended to subject us toconstrued in accordance with the laws or jurisdiction of any jurisdiction other than that of the State of [Specify State], United States, without regard to its conflict of law principles. Exclusive jurisdiction and venue for any disputes shall be in the state and federal courts located in [Specify County, State]. Nothing in this clause limits the rights of data subjects under applicable data protection laws.

Legal Explanation

The original clause is ambiguous and fails to specify exclusive jurisdiction or address cross-border rights, increasing the risk of forum shopping and conflicting obligations. The revision provides clarity and reduces litigation risk.

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Conclusion: Proactive Legal Protection Is Essential Our analysis shows that Intoxalock’s current T&C expose the company to regulatory fines, litigation, and reputational damage—risks that can be mitigated with precise, enforceable language and robust compliance measures. Proactive contract review is not just best practice; it’s a financial imperative.

How confident are you that your contracts would withstand regulatory scrutiny?
What would a multi-million dollar privacy fine mean for your business?
Are your liability and jurisdiction clauses truly enforceable?

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.