Contract Glossary
Click-Wrap Agreement
Definition
A digital contract formed when a user clicks 'I Agree,' 'Accept,' or a similar button after being presented with terms and conditions. Unlike browse-wrap agreements (where terms are passively linked in a footer), click-wrap requires an affirmative action, the user must actively acknowledge the terms before proceeding. Courts consistently enforce click-wrap agreements because the click demonstrates clear assent.
In Practice
Every time you install software, create an account, or subscribe to a SaaS product, you encounter click-wrap agreements. The most enforceable format: display the full terms in a scrollable text box, require the user to check a box next to 'I have read and agree to the Terms of Service,' and then click a 'Create Account' button. Log the timestamp, IP address, and version of the terms accepted. Without this audit trail, proving the user agreed becomes difficult if a dispute arises.
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