A clickwrap agreement is only as enforceable as the way you implemented it. Courts don’t enforce the terms you wrote. They enforce the click your user actually made, on the screen you actually showed, in the moment they actually made it. The document is the easy part. The implementation is
If you sell an auto-renewing subscription, your SaaS subscription agreement (and the cancellation flow that goes with it) is under more legal pressure now than it was a year ago, even though the FTC’s federal “click-to-cancel” rule was struck down in 2025. Enforcement didn’t stop. It just shifted to older
Short answer: the FTC’s Negative Option Rule is the federal standard for how you sell subscriptions, free-to-paid trials, and auto-renewals, and the core idea is simple: you cannot treat a customer’s silence as a “yes.” The headline “Click-to-Cancel” version of that rule was struck down by a federal appeals court
Short answer: online contract signing is mainstream and legally binding in the US under the federal ESIGN Act and state UETA. Use it for routine commercial agreements, and know that an e-signature is not the same thing as a clickwrap “I agree.” Electronic signatures have become standard practice for closing
Short answer: yes, you can reserve the right to change your software contract, but a clause that lets you change “any term at any time in your sole discretion” can backfire badly. In Harris v. Blockbuster, that exact language made the company’s arbitration clause unenforceable, because a promise you can
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