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Click Wrap License Template for United States

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Key Requirements PROMPT example:

Click Wrap License

"I need a Click Wrap License for my new mobile gaming app that will launch in March 2025, with specific clauses addressing in-app purchases and user-generated content, compliant with both U.S. and EU regulations."

Document background
Click Wrap License agreements have become the standard method for obtaining user consent in digital transactions within the United States. These agreements are essential when providing software, digital services, or online platforms where user acceptance of terms is required before access is granted. The agreement type is specifically designed to comply with U.S. electronic signature laws and provides clear evidence of user consent through active clicking, making it particularly valuable for digital businesses seeking to establish enforceable online contracts with their users.
Suggested Sections

1. Parties: Identification of the licensor and licensee/user

2. Background: Context of the agreement and purpose of the license

3. Definitions: Key terms used throughout the agreement

4. License Grant: Scope and nature of the rights being granted

5. Terms of Use: Rules and restrictions for using the software/service

6. Acceptance Mechanism: How users indicate agreement to the terms

7. Intellectual Property Rights: Rights retained by the licensor and any rights granted to users

8. Warranties and Disclaimers: Limitations on warranties and applicable disclaimers

9. Limitation of Liability: Caps and exclusions on liability

10. Term and Termination: Duration of the agreement and termination conditions

11. Governing Law: Applicable law and jurisdiction

Optional Sections

1. Privacy Policy: Terms relating to collection and processing of personal data - required if personal data is collected

2. DMCA Compliance: Copyright protection procedures and policies - needed when dealing with user-generated content

3. Age Restrictions: Age requirements and restrictions for users - required when service isn't suitable for minors

4. Export Controls: Export restriction clauses - needed when software/service is subject to export regulations

5. Third-Party Services: Terms relating to integrated third-party services - required when the software integrates with other platforms

Suggested Schedules

1. Data Processing Agreement: Detailed procedures and obligations for handling personal data

2. Acceptable Use Policy: Comprehensive rules and guidelines for platform usage

3. Service Level Agreement: Performance standards, metrics, and service availability commitments

4. Security Requirements: Technical and organizational security measures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

E-SIGN Act: Federal law ensuring legal validity of electronic contracts and signatures, including requirements for consumer consent and record retention

UETA: State-level law establishing uniform standards for electronic contracts, including guidelines for electronic records and signatures

CFAA: Computer Fraud and Abuse Act governing unauthorized access and use, with implications for security breach considerations

DMCA: Digital Millennium Copyright Act covering copyright protection provisions and notice/takedown procedures for digital content

FTC Act: Federal Trade Commission Act prohibiting unfair or deceptive practices and requiring clear and conspicuous disclosures in contracts

State Consumer Protection Laws: Various state-specific requirements for consumer protection and disclosure requirements that may affect click-wrap agreements

CCPA: California Consumer Privacy Act establishing privacy rights and obligations for businesses handling California residents' data

COPPA: Children's Online Privacy Protection Act governing the collection and use of personal information from children under 13

UCC: Uniform Commercial Code establishing fundamental commercial law principles applicable to contracts

Common Law Contract Principles: Basic contract formation requirements including offer, acceptance, consideration, capacity, and unconscionability doctrines

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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