Clickthrough Agreement

A clickthrough agreement is a form of online binding agreement that requires a user to accept contract terms, usually by clicking a button or checking a box. Sometimes referred to as a clickwrap agreement, this mechanism of acceptance allows businesses to convert what was once a physical signature into digital signature form. The action of clicking a button as a signature provides a straightforward way to establish clear legal agreements when users engage with software, online services, or e-commerce platforms. This contract type has become an industry standard for software licensing, terms of service, and completing a purchase or adding a license.

The use of clickthrough agreements streamlines risk mitigation by clearly defining software license terms and responsibilities before access is granted. They are particularly common in cloud services and subscription software models, where speed and efficiency are important for onboarding new users. For providers, the ability to quickly obtain affirmative user consent reduces friction and helps establish clear accountability. For customers, this approach simplifies adoption by reducing administrative overhead and enabling immediate access to test, evaluate, or use software in production.

Despite their benefits, clickwrap agreements are not without challenges. Users often skip reading terms in detail, which can result in a lack of informed consent. In some cases, providers with unfair or inappropriate language may attempt to create clickthrough evaluation agreements that bind users to unfavorable conditions. This underscores the need to trust providers to provide agreements with fair and transparent practices. While courts in many jurisdictions have upheld these agreements as valid, providers must still ensure that the presentation and terms are clear and not misleading.

Imprivata incorporates clickthrough agreements into its Cloud setup wizard as part of the customer onboarding process. A clickthrough evaluation agreement is available for test tenants, enabling organizations to begin testing face recognition for Enterprise Access Management (EAM) and Mobile Access Management (MAM) before formally signing the Cloud Services Amendment. This feature removes a significant hurdle for access management adoption by offering a 30-day evaluation window while still requiring a formal amendment for long-term use. Imprivata understands that customers must be able to maintain the same level of security and trust in their subcontractors and technology partners as they can with employees, so that clickthrough agreements remain tools for secure and efficient software adoption.