Acrivon Therapeutics, Inc.: Critical Legal Risks in Website Terms & Conditions – A Professional Analysis
Our expert review of Acrivon Therapeutics, Inc.'s Terms & Conditions reveals four key legal risks, including liability caps, privacy ambiguities, and compliance gaps. Discover actionable solutions to mitigate costly exposure.
When We Examined Acrivon Therapeutics, Inc.’s Terms & Conditions: Four Legal Risks That Could Cost Millions
Imagine a scenario where a single ambiguous clause exposes your company to GDPR fines of up to €20 million, or a vague liability cap is struck down in court, resulting in seven-figure damages. Our analysis of Acrivon Therapeutics, Inc.’s Terms & Conditions reveals several such high-impact risks—each with the potential for significant financial and reputational harm if left unaddressed.
1. Unilateral Amendment Without Notice: Compliance and Enforceability Gaps Acrivon reserves the right to revise its Terms & Conditions at any time, with changes effective immediately upon posting and no obligation to notify users. This approach is increasingly challenged by courts and regulators, especially under consumer protection laws (e.g., FTC Act, EU Consumer Rights Directive), which require clear, advance notice and explicit acceptance for material changes. The absence of a notification mechanism can render amendments unenforceable and expose the company to regulatory scrutiny and class action risk—potentially resulting in litigation costs exceeding $500,000.
Legal Explanation
The original clause allows unilateral amendments without notice or user consent, which is increasingly unenforceable under consumer protection laws and exposes the company to regulatory and litigation risk. The revision introduces a notice period and explicit acceptance requirement, aligning with best practices and legal standards.
2. Overbroad Disclaimer of Liability: Unconscionability and Enforcement Risk The T&C attempts to disclaim all indirect, special, punitive, or consequential damages and limits aggregate liability to the greater of $10 or amounts paid for website access. Such sweeping exclusions are routinely invalidated in U.S. and EU courts, especially if they attempt to waive liability for gross negligence, willful misconduct, or statutory violations. If challenged, this clause could be deemed unconscionable, exposing Acrivon to uncapped damages—potentially in the millions—plus reputational fallout.
Legal Explanation
The original clause is overly broad and attempts to exclude liability even for gross negligence or statutory violations, which courts often find unconscionable and unenforceable. The revision carves out exceptions required by law and raises the liability cap to a commercially reasonable amount.
3. Ambiguous Privacy Commitments: Regulatory Fines and Litigation Exposure The T&C references a separate Privacy Statement but also reserves broad rights to disclose user information "as necessary" at Acrivon’s sole discretion. This ambiguity fails to provide users with clear, specific assurances required under GDPR, CCPA, and other privacy laws. Inadequate clarity can trigger regulatory investigations, fines up to 4% of global annual turnover, and costly class actions.
Legal Explanation
The original clause grants overly broad discretion to disclose user data, which is inconsistent with privacy law requirements for necessity, proportionality, and transparency. The revision introduces legal safeguards and references compliance obligations.
4. Unrestricted Use of User Communications: Intellectual Property and Confidentiality Risks Acrivon claims the right to use any communication or material transmitted via the Site "for any purpose whatsoever," unless otherwise stated in the Privacy Statement. This sweeping license lacks necessary limitations and fails to address confidential business information, risking IP leakage, trade secret loss, and potential lawsuits—damages in similar cases have exceeded $1 million.
Legal Explanation
The original clause fails to protect user confidentiality and intellectual property, exposing the company to IP theft and trade secret litigation. The revision clarifies limitations on use and preserves user rights.
---
Conclusion: Proactive Legal Safeguards Are Essential Our analysis demonstrates that even well-drafted Terms & Conditions can harbor critical legal risks with substantial financial consequences. Addressing these issues proactively not only strengthens enforceability but also protects against regulatory penalties, litigation, and reputational harm.
- How confident are you that your company’s online terms would withstand regulatory or judicial scrutiny?
- What would be the financial impact if a single clause failed in court?
- Are your legal frameworks evolving with global compliance standards?
**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.**