Canadian Startup and Video Game Law Blog
Startup and video game law, from a Canadian and U.S. perspective
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UI/UX Invalidated your Contract
Online contracts are only effective if implemented correctly. I’ve written on different processes for implementing online contracts, which is often easier to accomplish in the web context. In the mobile context, implementation is challenging given the need to balance user experience with contract formation. How you structure contract formation in your mobile application involves negotiation between...
Implementing Terms of Service and Other Electronic Agreements
All too frequently, Terms of Service, Terms of Use and End User License Agreements (see our post on the differences between each) are found unenforceable when challenged in court because the agreements are not properly implemented. To simply describe the implementation process (see our post on the technical aspects): Present the agreement to the user;...
Incorporating Online Agreements into a Printed Contract
While many agreements are entered into online, some online companies continue to operate partially offline. Challenges arise when offline contracts require agreement to an additional online contract, such as a Terms of Service. This is not to say that offline contracts can’t incorporate online contracts, rather, the online contract must be properly presented to the user...
How to Implement Electronic Signatures
Online agreements require an electronic form of your signature, whether you click “I agree” or use a digital version of your offline signature. Electronic signature laws in the U.S. and Canada do not address the correct signature format. Instead, these laws focus on the correct process for creating an enforceable signature. Three key considerations guide the electronic signature...