Last updated on 20 May 2022 by Sara Pegarella (Law school graduate, B.A. in English/Writing. In-house writer at TermsFeed)
These legal agreements are very important for defining terms, policies, and acceptable uses of your website or app. However, these agreements are essentially useless if you do not get people to legally agree to be bound by their terms. This is due hugely in part to increased requirements for consent put forth by the GDPR.
While there isn't only one way to get people to agree to your terms, there's a favored method to ensure that your legal agreements are able to be upheld in the event of a legal dispute or if other issues arise.
That method is known as clickwrap.
Clickwrap, as the name implies, is a method of getting a user to agree to your terms or legal agreements by requiring the user take some form of action, typically clicking the "I agree" checkbox. A user can click a box that's clearly marked as being part of forming an agreement.
This article will show you a number of examples of how these "I Agree To" checkboxes can be designed and utilized on websites, mobile apps and desktop apps.
"I Agree" Checkbox by TermsFeed tool can help you enforce your legal agreements in 3 easy steps.
Here's a very standard example of this type of checkbox, where the user must click on a box next to "I agree to the terms of service" statement:
This makes it very clear to the user that by clicking that checkbox, the user is agreeing to the Terms of Service.
Another single-click method involves providing notice close to a "Sign Up" button that lets a user know that by continuing and creating an account and signing up, the user is agreeing to the linked legal agreements:
The clickwrap method can be used on websites, mobile apps, and desktop apps, regardless of the legal agreement presented to users:
Here are a number of examples from websites that very successfully use the clickwrap method to get users to agree.
You can use clickwrap to not only obtain initial consent to your Terms and Conditions agreement (or any other legal agreement that you present to users) but also when your agreements change and you want to get consent over the new and updated agreements.
Here's an example of how you can use a checkbox to lets users know that the Terms of Service agreement has been updated and have them accept the new version of the agreement:
Before a user can register for a Mondaq account, its Terms and Conditions must be agreed to by checking a box:
Trending Travel uses a checkbox like this when users sign up for its email newsletter:
H. Samuel uses an "I Agree" checkbox as part of its checkout process to get users to show they agree to the Terms and Conditions before officially placing an order:
Mobile apps can, like websites, require a user to tap an "I Agree" checkbox or have an informative text above an action button. Both methods can be effective for mobile apps.
However, checkboxes are used less often in mobile apps. Instead, you'll see more "Agree" buttons that users can tap on the mobile device screen.
Apple obtains a double agreement from users for its Terms and Conditions by having a pop-up box open on the user's mobile device screen with a clearly marked "Agree" button, and by also asking the user to click another "Agree" button that appears after the user scrolls to the the bottom of the agreement:
When a user downloads WhatsApp, a link is provided to their Terms of Service agreement page and the user must click a button marked "Agree and Continue" before using the app.
This is a simple way to obtain consent from users before they use the mobile app, but without any informative text. Current best practices would suggest for a more clear language to be used so that a user knows exactly what she/he is agreeing to (in WhatsApp's case, its WhatsApp's Terms of Service).
Clickwrap agreements are seen regularly in software installations where a user must take multiple steps showing consent to the software's EULA agreement before the app can be installed, including clicking a checkbox.
Microsoft Office for Mac requires a user to click "Agree" in a pop-up window where Microsoft's License Agreement for this software app is available for viewing before continuing with the installation:
There are a number of different ways that you can request users to agree to the terms of your website, mobile app, or desktop app. However, the more clear of an action you require, such as requiring users to check a checkbox, the more clear and effective the consent will be.
Always make it clear to users that by taking some action, they'll be held to be in agreement with your legal agreements and always provide these agreements to your users for them to view and review at all times.