Is Your Legal Agreement Enforceable?

As a creative entrepreneur in the online business world, protecting yourself and your business legally is essential. Understanding the difference between clickwrap and browse wrap agreements is key to making sure your agreements are solid.

Clickwrap agreements are agreements that require a user to affirmatively indicate their acceptance of the terms before using a product or service. This can be done through clicking a button or checkbox, for example. These agreements are considered more enforceable because they require a clear and intentional act of acceptance. It's important to note that clickwrap agreements are required for subscription and membership terms of service.

Browse wrap agreements, on the other hand, are agreements posted on a website that are said to apply to all users of the site. No affirmative action is required from the user to indicate acceptance of the terms, and the agreement is often linked to in small text at the bottom of the page or buried in the fine print. While less enforceable than clickwrap agreements, it's possible for privacy policies and website terms of use to still be legally enforceable even if displayed as browse wrap.

At the end of the day, as a creative entrepreneur, it's important to understand and utilize the most effective agreements for your business. Using clickwrap agreements for subscription and membership terms of service and being aware of the enforceability of privacy policies and website terms of use displayed as browse wrap, will help ensure that your agreements are solid and protect your business.