For an agreement to be applicable, the contracting parties must know their terms or have the opportunity to be aware of them. The Clickwrap agreement is considered valid if an online user has been properly informed of the terms of the agreement and it is clear that by clicking the “I agree” button, he declares his agreement on the terms. Of course, many people don`t take the time to read Clickwrap`s chords before accepting them. Clickwrap chords are usually long, so it`s customary to scroll down to press the confirmation button. Often they can also be difficult to access, z.B. by reading on a small screen of a smartphone, or if the text is inserted into a small pop-up or simply written in a small font. Courts generally check whether the terms are presented prominently and easily accessible. But even if it is difficult to access the terms and conditions as long as it is possible to verify the contract before installing the software or subscription to a cloud service, a legally binding agreement will be established. If users can register an account on your website or mobile app, enter the legal agreements they must agree to before they can create an account with you: The court did not agree, however, and stated that the terms agreement was reasonably communicated, and on the basis of evidence that a reasonable person would not have clicked “yes” to accept , unless they actually accept.
The court focused more on the written agreement than the signatures in this case. The court ruled in Craigslist`s favor. For an agreement – clickwrap or browsewrap – to be applicable, the agreement must have been approved by both parties, which is sometimes called a meeting of minds.