What are the security measures and precautions I should take when a user signs up and checks the click wrap agreement? What information should I save again each agreement and should I save the information plainly or in an encrypted way?
Asked
Active
Viewed 391 times
2 Answers
1
For an enforceable contract you need consent from both parties (among other things see What is a contract and what is required for them to be valid?). Yours is a given, theirs is by clicking.
To provide evidence of what was agreed you should store the agreement (which can be a single agreement for all users with validity dates) and evidence of the click, a date stamp say or, more precisely, a series of date stamps as they re-click each time you revise your ToS.
0
In most cases, there is no need for you at all to have evidence that the user agreed to a click wrap agreement in a software purchase. Usually you have terms that to complete the sale and then to use the software, the user has to agree to this agreement. They are free to not agree and return the software for a refund, or to not agree and leave the software on their shelf.
If there is ever the question whether they have accepted, then non-acceptance means they had no right to use the software, and any use was copyright infringement. So you can always ask "you either accepted the terms of the license agreement, or you committed copyright infringement; which one is it?"
gnasher729
- 35,915
- 2
- 51
- 94