Legal Definitions - point-and-click agreement

A point-and-click agreement (also commonly known as a click-wrap agreement or e-contract) is a legally binding contract formed electronically when a user indicates their acceptance of terms and conditions by clicking a button, checking a box, or performing a similar action on a computer screen or mobile device.

This type of agreement is prevalent in the digital world, allowing businesses to present their terms of service, privacy policies, or licensing agreements to users who must then actively consent before proceeding. While typically requiring a single act of acceptance, these agreements often include clauses that state the user agrees to any future changes to the terms, even if not directly notified of every modification.

Here are some examples illustrating how point-and-click agreements work:

• Software Installation: When you download and install a new application on your computer, you are often presented with a window containing the End User License Agreement (EULA). To continue with the installation, you must typically click a button labeled "I Accept," "Agree," or check a box stating "I have read and agree to the terms." By performing this action, you are forming a point-and-click agreement, legally binding you to the software's usage conditions, such as limitations on copying or reverse-engineering the program.

• Online Service Sign-up: Creating an account for a social media platform, an email service, or a streaming video subscription usually involves a point-and-click agreement. During the registration process, you'll likely encounter a checkbox next to a statement like "I agree to the Terms of Service and Privacy Policy." Clicking this checkbox and then proceeding to "Sign Up" or "Create Account" signifies your acceptance of the platform's rules, how your data will be handled, and your responsibilities as a user.

• Digital Content Purchase: When buying an e-book, a music album, or a video game from an online store, you might be required to agree to specific digital rights management (DRM) terms or usage restrictions before completing the purchase. For instance, a pop-up might appear stating, "By clicking 'Buy Now,' you agree to the digital content license agreement," which outlines how many devices you can download the content to or if you can share it. Your click on the "Buy Now" button forms a point-and-click agreement for that specific transaction.