Aktis Oncology Terms & Conditions: 4 Critical Legal Risks and How to Fix Them | Erayaha

When We Examined Aktis Oncology’s Terms: 4 Legal Risks That Could Cost Millions

Imagine a scenario where a single ambiguous clause in your website’s terms leads to a $2 million lawsuit or a regulatory fine under GDPR. Our analysis of Aktis Oncology’s Terms & Conditions reveals four critical legal and logical issues that, if left unaddressed, could expose the company to significant financial and reputational harm.

1. Unilateral Amendment of Terms Without Notice Aktis Oncology reserves the right to change its Terms & Conditions at any time, without prior notice to users. This approach is inconsistent with best practices and may render updates unenforceable, especially under consumer protection laws in the EU and several US states. Courts have repeatedly found that failure to provide notice can invalidate new terms, exposing companies to costly litigation and regulatory penalties.

Legal Analysis

high Risk

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You understand and agree that weWe may change this Agreement at anyfrom time without prior noticeto time. You may read a current, effective copyWe will provide users with advance notice of this Agreement at any timematerial changes by selecting the “Terms of Service” linkposting a notice on the Website. The revised terms and conditions will become effective, where practicable, via email at least 30 days prior to the time of postingchanges taking effect. AnyContinued use of the Website after suchthe effective date constitutes your acceptance of suchthe revised terms and conditionsconstitutes acceptance of those changes.

Legal Explanation

The original clause allows unilateral changes without notice, which may be unenforceable under consumer protection laws and can lead to disputes. The revision aligns with best practices, ensuring users receive clear, advance notice and an opportunity to review changes, thereby strengthening enforceability.

2. Overly Broad Limitation of Liability The limitation of liability clause restricts damages to $1 or the amount paid in the prior 12 months, regardless of the nature of the loss. Such sweeping limitations are often deemed unconscionable or unenforceable, particularly in cases of gross negligence, willful misconduct, or statutory violations. If challenged, this could result in uncapped liability and multi-million dollar exposure, especially in jurisdictions like California or the EU.

Legal Analysis

critical Risk

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THE AKTIS ONCOLOGY PARTIESExcept as prohibited by applicable law, the Aktis Oncology Parties’ AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE GREATER OFaggregate liability for all claims arising from this Agreement shall not exceed the greater of (Ii) $1.00 ORor (IIii) THE AGGREGATE AMOUNT YOU HAVE PAID TO US FOR THIS WEBSITE, IF ANY, IN THE THEN-PRIOR TWELVEthe aggregate amount you have paid to us for this Website in the prior twelve (12) MONTH PERIODmonth period; provided, however, that this limitation shall not apply in cases of gross negligence, willful misconduct, or liability arising under applicable data protection or consumer protection laws.

Legal Explanation

The original clause is overly broad and may be deemed unconscionable, particularly where statutory or gross negligence claims are involved. The revision carves out exceptions required by law, improving enforceability and reducing the risk of uncapped liability.

3. Ambiguous Arbitration Opt-Out Process The arbitration section allows users to opt out, but the process is unclear and overly restrictive, requiring written notice within 30 days. Lack of clarity around opt-out procedures can lead to enforceability challenges, class action exposure, and regulatory scrutiny—potentially costing hundreds of thousands in legal fees and settlements.

Legal Analysis

high Risk

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You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify by notifying us in writing within thirty (30) days of the date that you first becamebecoming subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, and a clear statement that you want to opt out of this Agreementyour decision to Arbitrate. You must sign the opt out notice for it to be effective. This procedure is the only way you can opt out of the AgreementNotice may be provided by mail to Arbitrate. You must use thisthe address to opt out: Aktis Oncologyabove or, Inc.alternatively, ATTN: Arbitration Optby email to a designated address provided on our Website. We will confirm receipt of your opt-out, 120 Kingston St, Ste request within 10 business days. 810, Boston, MA 02111

Legal Explanation

The original process is unnecessarily restrictive and lacks clarity, which can undermine enforceability and expose the company to class action risk. The revision provides a clear, reasonable opt-out mechanism and confirmation, reducing legal exposure.

4. Insufficient Data Transfer Disclosures for International Users The terms state that users outside the US consent to data transfer, but do not specify compliance with GDPR or other international data protection laws. This omission creates a substantial risk of regulatory action, with GDPR fines reaching up to €20 million or 4% of annual global turnover.

Legal Analysis

critical Risk

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If you access the Website or the Content from outside of the United States and provide personal information, you do so at your own risk. Whether inside or outsideacknowledge and consent to the transfer of your data to the United States. We will process all personal data in accordance with applicable data protection laws, you are solely responsibleincluding the GDPR for ensuring compliance withusers in the laws of your specific jurisdiction. You understand that if you access this website from another country and provide your personal information to us through this websiteEuropean Economic Area, your personal information may be transmitted to us, and you consent to such transferwill implement appropriate safeguards for international data transfers.

Legal Explanation

The original clause fails to address compliance with international data protection laws, particularly the GDPR, which requires specific safeguards for cross-border data transfers. The revision explicitly commits to compliance and proper safeguards, reducing regulatory risk.

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Key Takeaways & Business Implications These four issues highlight preventable risks that could trigger multi-million dollar liabilities, regulatory investigations, and reputational damage. Proactive redlining and legal review can close these gaps before they become costly problems.

Are your terms and conditions truly enforceable in every jurisdiction where you operate?
How much could a single ambiguous clause cost your business in fines or litigation?
What steps are you taking to ensure ongoing compliance with evolving global regulations?

**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.**