Clickwrap

Clickwrap is a form of online contract in which a user consents to terms such as a terms of service or software license by taking an affirmative action—typically clicking an "I Agree" button or checking a box—after being presented with the terms or a link to them. The terms are usually accessible via a scrollable window or separate page. This is contrasted with browsewrap, where mere use of a site may imply assent without explicit action.

Enforceability varies by jurisdiction but generally rests on clear notice and meaningful opportunity to review before consenting. In the United States, electronic signatures and records have legal effect under the ESIGN Act and the Uniform Electronic Transactions Act. In the European Union, eIDAS provides a comparable framework. Courts consider whether the terms were conspicuously presented, accessible, and not hidden within the fine print, and whether the user had real opportunity to read them.

History and practice: Clickwrap arose with the growth of online services in the late 1990s. Notable cases, such as Specht v. Netscape, highlighted the need for actual notice and affirmative assent. Today, clickthrough or sign‑in agreements are common in app stores, software installers, and SaaS onboarding flows, often with explicit "I Agree" controls and links to the full terms.

Best practices include presenting terms in plain language, avoiding hidden provisions, ensuring easy access to the full text, requiring deliberate consent, and maintaining records of assent. Terms should be accessible to users with disabilities, and material changes should typically require renewed consent.