Clickwrap vs. Browsewrap: Which Agreement Method Courts Will Actually Enforce
You built your platform, launched your product, and added a Terms of Service to the footer. But have you thought about whether a user who claims they never agreed to those terms can successfully argue that in court? The answer depends almost entirely on whether your site uses a clickwrap…
Terms of Service for Online Communities and Membership Platforms: What Your Agreement Must Include
Running an online community or membership platform comes with legal obligations that most platform operators underestimate until something goes wrong. When a user posts harassing content, a dispute breaks out over who owns what was shared, or a member demands a refund after their account is suspended, the answer to…
E-Sign Act and Electronic Signatures: What Makes Your Digital Contracts Legally Binding
Electronic signatures have replaced wet ink in virtually every area of business contracting. A SaaS agreement executed through DocuSign, an NDA accepted via email reply, a click-through contract accepted through a checkbox on a web form: these are all valid, enforceable contracts under US law, provided they meet the requirements…
Affiliate Program Terms of Service: What to Include Before You Launch an Affiliate Program
Affiliate marketing is one of the most efficient distribution models for digital products and SaaS companies. You pay only for results, and you grow through other people’s audiences. But an affiliate program without a properly drafted advertising and marketing lawyer-reviewed affiliate program terms of service is a legal liability that…
What Makes an EULA Enforceable? Legal Requirements Every Business Needs in 2026
Your software is live, users are signing up, and somewhere in the onboarding flow sits a license agreement you drafted two years ago. Then a dispute arises. A user redistributes your code, scrapes your database, or files a class action claiming your liability cap is void. You pull up your…
SaaS SLA Agreements: Uptime Guarantees and Penalty Clauses That Protect Your Business
A SaaS SLA agreement is only as strong as its enforcement mechanism. Service Level Agreements define the performance standards a provider promises to deliver, but without properly drafted uptime commitments and penalty clauses, those promises carry no legal weight. Businesses that rely on cloud software for critical operations need SLAs…
Section 230 and Platform Liability in 2026: What Operators Need to Know
Section 230 of the Communications Decency Act turned 30 in February 2026, and the law looks nothing like the broad shield it once was. Congress is debating sunset bills. Courts are carving out new exceptions for algorithmic design. State legislatures are passing their own platform accountability laws. And AI-generated content…
Auto-Renewal Subscription Compliance in 2026: What Your Terms Must Cover
If your business charges customers on a recurring basis, your subscription terms are under more legal pressure right now than at any point in the past decade. Federal and state regulators have made auto-renewal practices a top enforcement priority, and the legal landscape shifted significantly in 2025 and 2026. The…