March 23, 2020
The facts of the Huuuge case may be a bit extreme. Nonetheless, even where terms of service are not submerged twenty thousand leagues under the sea, using a browsewrap model for a mobile app presents a risk that the terms will be held unenforceable. A clickwrap model, under which the user must agree to the terms before using the app, is preferable. In addition, app providers should ensure that they keep records of users’ acknowledgement of the terms, so that there will be no issue of actual knowledge.
Author: Sherman W. Kahn