What Is a Browsewrap Agreement

A browsewrap agreement is a legal agreement between a website or application owner and its users. This agreement outlines the terms and conditions that users must agree to when using the site or app. Unlike a clickwrap agreement, which requires users to actively agree by clicking a button or checking a box, a browsewrap agreement is presented to users as a hyperlink or a line of text on the website or application.

The term “browsewrap” comes from the fact that users agree to the terms and conditions simply by browsing the site or app. They are not required to take any specific action to signal their agreement, which makes browsewrap agreements more passive than clickwrap agreements.

Browsewrap agreements are commonly used by websites and applications that offer free services or products to users. These agreements typically cover issues such as privacy, intellectual property, and liability. They may also include details about how the website or app collects and uses user data, as well as information about how disputes will be resolved.

While browsewrap agreements are not as legally binding as clickwrap agreements, they can still be enforced in court if they are properly designed and presented. To ensure that a browsewrap agreement is enforceable, it is important for website and application owners to take steps such as:

1. Making the agreement easy to find: The hyperlink or line of text containing the agreement should be prominently displayed on the website or app. It should be clearly labeled, and users should not have to navigate through multiple pages to find it.

2. Using clear language: The terms and conditions should be written in plain language that is easy for users to understand. Legalese or convoluted language can make it difficult for users to know what they are agreeing to.

3. Providing notice: Users should be given notice that they are agreeing to the terms and conditions by using the site or app. This can be done through a pop-up message, a banner ad, or another type of notification.

By following these best practices, website and application owners can create browsewrap agreements that are more likely to be enforced if a dispute arises. These agreements can help protect both users and the owner of the website or app by outlining clear rules and expectations for all parties.