Click-Wrap Agreement

A click-wrap (or "click-through") agreement is an online contract formation method in which the user manifests assent to a set of contractual terms by taking an affirmative action, typically clicking an "I agree" button or checking a box, after being presented with the terms. Click-wrap is the most reliably enforceable of the three principal online contract types in Texas: click-wrap, browsewrap, and sign-in-wrap.

Click-wrap vs. browsewrap vs. sign-in-wrap

Click-wrap requires an affirmative user action (clicking "I agree") in response to displayed terms. Browsewrap purports to bind the user merely by browsing the site, with terms accessible by hyperlink. Sign-in-wrap occupies a middle ground: the user clicks a sign-in or registration button while terms are referenced near the button. Browsewrap is presumptively unenforceable; sign-in-wrap is fact-intensive and depends on the conspicuousness of the notice and the physical proximity of the terms to the assent action.

Texas enforceability requirements

Texas courts apply general contract principles plus UETA. The user must have (1) reasonable notice of the existence of the terms; (2) an opportunity to review the terms; and (3) manifested unambiguous assent. The terms-of-service hyperlink should be visually distinct (typically blue or underlined) and adjacent to the assent button. The button text or proximity language should explicitly reference assent (e.g., "By clicking Sign Up, you agree to our Terms of Service").

Common drafting failures

Terms hidden in footers, presented only after assent, displayed in low-contrast colors, or accessible only via a non-conspicuous hyperlink reduce enforceability. Material modifications to the terms require fresh notice and assent. Arbitration clauses, class-action waivers, and forum selection clauses receive heightened scrutiny when buried in click-wrap that fails the reasonable-notice test.