Online agreements are having a moment – particularly clickwrap – as more companies realize the value of click-to-sign contracts. However, in our annual Clickwrap Litigation Trends Report, we found that 44% of online agreements (almost entirely browsewrap and “sign-in-wrap) were not enforced in court due to suboptimal screen design, lack of evidence, and/or poor version control.
Companies are moving to these agreements en masse, yet there’s no point in adding them if they’re not enforceable. Historically, companies have had to manually dig up the right evidence or recreate a rendering of their online agreements, both of which create nightmare situations for legal and IT. We knew we needed to add an Ironclad feature to automatically track exactly the kind of visual evidence needed to prove digital acceptance in court.
We believe digital contracting technology should also act as a risk mitigation tool – which is why we’re incredibly excited to announce the launch of Ironclad Snapshots.
Introducing Ironclad Snapshots
Snapshots is a tool that allows companies to proactively collect, organize, and access screenshots of their online agreements. The new product allows companies to automate and build a referenceable audit trail of screen designs that ties seamlessly into their existing record of agreement acceptances. Not only does this product reduce weeks of work to minutes, but if your screen design is solid, it can mitigate the risk of litigation altogether.
Screenshots are the most common piece of evidence used to enforce online agreements in court for a variety of reasons; they show that the user at issue was on notice of the online agreement, that the user agreed either explicitly or implicitly to the online agreement, and that the user is therefore bound by the online agreement.
Harness automation to collect your evidence before you need it
Now available for all Ironclad Clickwrap customers, Snapshots allows companies to:
- Protect the business with screen evidence: collect visual evidence of every clickwrap agreement to proactively prepare for potential lawsuits in the future.
- Proactively monitor screen design: centralize, monitor, and easily access all visual evidence of companies’ online agreements in one place.
- Improve efficiency by reducing manual work: mitigate risk and drastically cut time gathering evidence of online agreement compliance.
- Reduce questions around authenticity: by having screenshots taken and stored by a third party, opposing parties are less likely to argue the authenticity of screenshot-based evidence.
Ironclad Clickwrap bakes in best practices for creating solid online agreements, and Snapshots now gives companies historical proof of that at a moment’s notice. Want to learn more about how Snapshots can help your online agreements hold up in court? Request a demo today!
Ironclad is not a law firm, and this post does not constitute or contain legal advice. To evaluate the accuracy, sufficiency, or reliability of the ideas and guidance reflected here, or the applicability of these materials to your business, you should consult with a licensed attorney. Use of and access to any of the resources contained within Ironclad’s site do not create an attorney-client relationship between the user and Ironclad.