Clickwrap

A type of digital agreement where users must take affirmative action—typically clicking a button labeled 'I agree' or checking a box—to accept terms before accessing a service or completing a transaction. Clickwrap agreements are generally more enforceable than browsewrap because they require explicit user action manifesting assent. The terms should be presented clearly before the acceptance action, often with a hyperlink to the full text and a checkbox or button that users must actively click. Courts typically uphold clickwrap agreements when the terms are reasonably accessible, users receive adequate notice of the terms, and the acceptance mechanism clearly indicates agreement. Best practices include presenting key terms conspicuously, providing easy access to full terms, using clear language like 'I agree to the Terms of Service and Privacy Policy,' and maintaining records of agreement. Clickwrap is particularly important for binding legal terms like arbitration clauses.