Glossary
Click-Wrap Agreement
TL;DR
Click-wrap agreements are generally enforceable but weaker than explicitly signed documents. Courts have upheld click-wrap agreements when the terms were clearly presented and the user had to take an affirmative action (clicking a button).
For higher-stakes agreements, having parties explicitly sign (draw or type their signature) provides stronger legal evidence than click-wrap.
**Click-wrap vs browse-wrap vs sign-wrap**
• **Click-wrap:** The user must actively click a button or check a box to agree. Courts consistently uphold these. Examples: SaaS terms of service, app store agreements, software license agreements.
• **Browse-wrap:** Terms are available via a link (usually in the footer) but the user doesn't have to click anything. Courts are much more sceptical — enforceability depends on whether the terms were reasonably conspicuous and the user had actual or constructive notice.
• **Sign-wrap:** The user explicitly signs (types or draws their signature on) the agreement. This is the strongest form of electronic consent. Used for employment contracts, NDAs, service agreements, and any document where you want maximum enforceability.
**Key court cases**
Several landmark decisions have shaped click-wrap enforceability: - **Specht v. Netscape (2002):** Browse-wrap was unenforceable because users weren't required to review terms before downloading software. - **Fteja v. Facebook (2012):** Click-wrap was enforceable because the user had to click 'Sign Up' next to a statement that they agreed to the terms. - **Meyer v. Uber (2017):** Terms were enforceable when the user had to check a box specifically acknowledging the terms.
**When to use click-wrap vs explicit signatures**
Click-wrap is appropriate for low-risk, high-volume agreements: SaaS terms, cookie consent, app permissions. For anything involving money, liability, or IP rights — use explicit e-signatures with a full audit trail.
Related terms
Further reading
Related resources
Try Signbee — e-signatures via API.