ContractsCounsel Logo
Home Types of Contracts Click Wrap Agreement

Jump to Section

A Click Wrap Agreement is an online arrangement mandating users to consent to terms and conditions before using an application or website to ensure user safety. This agreement is offered to the user before they can access the service, and the user must click a checkbox or button indicating that they consent to the terms. Moreover, the agreement is usually shown in a pop-up window or a different link. It is usually accompanied by a message like "by clicking ‘agree,’ you mean you have read and understood the terms and conditions."

Click Wrap Agreements are typically considered lawfully binding, provided specific prerequisites are fulfilled. Also, for a Click Wrap Agreement to be considered enforceable, the terms and conditions must be reasonably noticeable, the user must have a chance to check the terms, and the user must take some affirmative steps to show their agreement.

In addition, courts have generally found that Click Wrap Agreements are enforceable because they provide users with notice of the terms and conditions and an opportunity to review them. Additionally, by requiring users to take affirmative action, Click Wrap Agreements demonstrate that users have agreed to the terms and conditions.

Advantages of Click Wrap Agreements

Click Wrap Agreements are typically used online to specify a lawfully binding agreement between the user and the service provider. They protect the service provider's interests by specifying the terms and conditions of the agreement, which the user must agree to to use the service.

  • Efficiency and Convenience

    Click Wrap Agreements are efficient and convenient for the service provider and the user. They can be presented to the user quickly and easily and agreed to with a single click. It saves time and effort for both parties and allows the user to begin using the service immediately.

  • Protection for Service Providers

    Click Wrap Agreements protect service providers by clearly outlining the terms and conditions of use for their service. It helps to prevent misunderstandings or disputes between the service provider and the user. In the event of a dispute, the terms and conditions of the Click Wrap Agreement can be used to resolve the issue.

  • Legal Compliance

    Click Wrap Agreements are lawfully binding and executable. By clicking on the "I Agree" button, the user is showing that they have read and consented to the terms and conditions of the agreement. It provides safety and protection for the service provider, who can count on the agreement to hold up in court if necessary.

  • Customization

    Click Wrap Agreements can be tailored to fulfill the distinctive requirements of the service provider. They can incorporate clauses that address specific matters or problems, such as intellectual property rights or liability limitations. This flexibility allows service providers to customize their contracts to business requirements.

  • Global Acceptance

    Click Wrap Agreements are widely acknowledged and identified worldwide. They are generally used in Europe, the United States, and Asia, among other areas. Moreover, service providers can use Click Wrap Agreements to establish contracts with users in different nations without considering differences in legal systems or regulations.

Best Practices for Companies

If your company uses Click Wrap Agreements, you should follow the following best practices to guarantee your agreements are lawfully binding and enforceable.

  • Provide a Chance to Review the Terms: Users should be authorized to read and examine the terms and conditions before consenting. It can be completed by linking to the full terms and conditions or summarizing the most important terms.
  • Make the Terms and Conditions Noticeable: The terms and conditions should be prominently shown and easy to read. Use clear vocabulary and avoid legal terminology.
  • Require Affirmative Demand Action: Users should be mandated to take affirmative action to indicate their agreement to the terms and conditions. It can be achieved by requiring users to click a button or checkbox, implying that they agree.
  • Keep Logs of User Agreements: It is necessary to keep records of user agreements to confirm that users have agreed to the terms and conditions. It can be accomplished by keeping a user activity log or copies of user agreements.
Meet some lawyers on our platform

Rebecca R.

8 projects on CC
CC verified
View Profile

Tiffany O.

8 projects on CC
CC verified
View Profile

Samuel R.

67 projects on CC
CC verified
View Profile

Steven S.

16 projects on CC
CC verified
View Profile

Key Terms for Click Wrap Agreements

  • User Interface Design: The graphical interface design through which users interact with software applications, websites, and other digital products.
  • End User License Agreement (EULA): A legal agreement between the provider and the user that specifies the terms and conditions of use for software products.
  • Browsewrap Agreement: An online agreement in which the terms and conditions are posted on a website, and users are deemed to have accepted them by using the website.
  • Terms of Service: The rules and guidelines governing a product or service use, typically outlined in a legal agreement between the provider and the user.
  • Acceptable Use Policy (AUP): A set of rules summarizing the acceptable use of a service or product generally used by website operators and internet service providers.
  • Electronic Signature: A digital signature used to verify the identity of a user and confirm their acceptance of the terms and conditions of a legal agreement.
  • Consideration: Something of value exchanged between the parties in an agreement, generally used to show that both parties have something at stake in the contract.
  • Unilateral Contract: A contract in which only one person is bound by lawful obligations, generally created when a user accepts the terms of a click wrap agreement.
  • Boilerplate Language: Pre-written and standard language used in legal contracts, such as click wrap contracts, to simplify the drafting approach and ensure consistency across agreements.

Final Thoughts on Click Wrap Agreements

Click Wrap Agreements are a useful tool for online businesses. They provide a way to legally bind users to terms and conditions and protect businesses from liability. By following best practices and ensuring that your agreements are legally binding, you can use Click Wrap Agreements to build trust with your users and protect your business interests.

If you are looking to get free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Click Wrap Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,053 reviews

Meet some of our Click Wrap Agreement Lawyers

Rhea d. on ContractsCounsel
View Rhea
5.0 (13)
Member Since:
April 12, 2023

Rhea d.

Attorney
Free Consultation
San Francisco Bay Area, California
27 Yrs Experience
Licensed in CA, DC
University of Utah

Rhea de Aenlle is a business-savvy attorney with extensive experience in Privacy & Data Security (CIPP/US, CIPP/E), GDPR, CCPA, HIPAA, FERPA, Intellectual Property, and Commercial Contracts. She has over 25 years of legal experience as an in-house counsel, AM Law 100 firm associate, and a solo practice attorney. Rhea works with start-up and midsize technology companies.

Bryan B. on ContractsCounsel
View Bryan
4.8 (140)
Member Since:
October 1, 2020
Ryenne S. on ContractsCounsel
View Ryenne
4.9 (389)
Member Since:
October 11, 2022

Ryenne S.

Principal Attorney
Free Consultation
Chicago, IL
14 Yrs Experience
Licensed in IL
DePaul University College of Law

My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.

Eric M. on ContractsCounsel
View Eric
5.0 (3)
Member Since:
July 25, 2020

Eric M.

Lawyer
Free Consultation
Pembroke Pines, FL
16 Yrs Experience
Licensed in FL, TX
University of Baltimore

Experienced and business-oriented attorney with a great depth of contract experience including vendor contracts, service contracts, employment, licenses, operating agreements and other corporate compliance documents.

Chester A. on ContractsCounsel
View Chester
Member Since:
July 21, 2020

Chester A.

Attorney
Free Consultation
Atlanta, GA
26 Yrs Experience
Licensed in GA, IN
University of Miami School of Law

With over 24 years of practice, Chet uses his vast experiences to assist his clients in the most efficient manner possible. Chet is a magna cum laude graduate of University of Miami School of Law with an extensive background in Business Law, Commercial Real Estate, Corporate Law, Leasing Law and Telecommunications Law. Chet's prior experience includes 5 years at two of the top law firms in Georgia and 16 years of operating his own private practice.

Steven C. on ContractsCounsel
View Steven
Member Since:
July 21, 2020

Steven C.

Managing Partner
Free Consultation
Dallas, TX
43 Yrs Experience
Licensed in LA, TX
University of Houston

Steve Clark has been practicing law in DFW since 1980. He is licensed in both Texas and Louisiana state and federal courts. He concentrates his practice on business clients and their needs. He has been a SuperLawyer in Texas since 2011, and is Lead Counsel rated in Business Law. He is also a Bet the Company litigator in Texas.

Kamilah H. on ContractsCounsel
View Kamilah
Member Since:
July 25, 2020

Kamilah H.

attorney
Free Consultation
Long Beach, CA
15 Yrs Experience
Licensed in CA
Whittier Law School

I am a top-performing bi-lingual legal services professional with a proven record of success. Reputation of assessing and evaluating client’s needs and providing individualized solutions in line with those needs while efficiently handling multiple tasks simultaneously. Able to create a collaborative work environment ensuring business objectives are consistently met. Seeking an attorney role within a legal setting to apply skills in critical thinking, executive communications, and client advocacy.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Click Wrap Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,053 reviews
Technology lawyers by top cities
See All Technology Lawyers
Click Wrap Agreement lawyers by city
See All Click Wrap Agreement Lawyers

ContractsCounsel User

Recent Project:
Software license language analysis
Location: California
Turnaround: Less than a week
Service: Contract Review
Doc Type: Software Agreement
Page Count: 3
Number of Bids: 3
Bid Range: $350 - $1,600

ContractsCounsel User

Recent Project:
Software contract review
Location: Utah
Turnaround: Less than a week
Service: Contract Review
Doc Type: Software Agreement
Page Count: 10
Number of Bids: 14
Bid Range: $350 - $1,500

Need help with a Click Wrap Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,053 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city