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Clickwrap License Template for Hong Kong

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Key Requirements PROMPT example:

Clickwrap License

"I need a Clickwrap License agreement for a new mobile gaming app launching in March 2025, which will include in-app purchases and user-generated content features, compliant with Hong Kong law and suitable for both iOS and Android platforms."

Document background
The Clickwrap License agreement serves as a legally binding contract between digital service providers and their users in Hong Kong's jurisdiction. This document type has become increasingly important with the growth of digital services and electronic commerce, providing a streamlined way to obtain user consent while maintaining legal enforceability. It's particularly relevant for software applications, websites, and digital platforms where traditional signed agreements are impractical. The agreement must comply with Hong Kong's Electronic Transactions Ordinance and Personal Data (Privacy) Ordinance, while incorporating elements of common law contract principles. Companies typically implement this when launching new digital products, updating terms of service, or requiring user consent for specific features or services.
Suggested Sections

1. Parties: Identification of the licensor and description of users who will be bound by the agreement

2. Background: Context of the agreement and brief description of the software/service being licensed

3. Definitions: Key terms used throughout the agreement

4. Grant of License: Scope of the license, permitted uses, and restrictions

5. Acceptance of Terms: Clear mechanism for indicating acceptance through clicking/checking box

6. User Obligations: Key responsibilities and restrictions on user behavior

7. Intellectual Property Rights: Statement of ownership and IP rights protection

8. Privacy and Data Protection: How user data is collected, used, and protected

9. Prohibited Activities: Specific actions that users are not permitted to undertake

10. Disclaimers and Warranties: Limitations on warranties and representations

11. Limitation of Liability: Caps on liability and exclusions

12. Term and Termination: Duration of agreement and circumstances for termination

13. Governing Law and Jurisdiction: Application of Hong Kong law and jurisdiction

14. General Provisions: Standard boilerplate clauses including severability and entire agreement

Optional Sections

1. Subscription Terms: Include when the license involves recurring payments or subscription-based access

2. Third-Party Services: Include when the software/service integrates with or relies on third-party services

3. Export Controls: Include when the software/service may be subject to international export restrictions

4. User Content: Include when users can create, upload, or share content through the software/service

5. Beta Testing Terms: Include when offering beta or preview versions of software

6. Service Level Agreement: Include when providing specific performance or availability commitments

7. Age Restrictions: Include when the service has specific age requirements or restrictions

8. Community Guidelines: Include when the software includes social or community features

Suggested Schedules

1. Privacy Policy: Detailed privacy and data protection policies

2. Acceptable Use Policy: Detailed rules and guidelines for acceptable use of the software/service

3. Fee Schedule: Pricing details and payment terms if applicable

4. Technical Requirements: Minimum system requirements and technical specifications

5. Service Level Metrics: Detailed performance metrics and service levels if applicable

6. Data Processing Agreement: Detailed terms for processing personal data in compliance with privacy laws

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions











































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Relevant Industries

Technology

Software Development

E-commerce

Digital Services

Mobile Applications

Cloud Computing

SaaS (Software as a Service)

Financial Technology

Online Gaming

Digital Media

Online Education

Healthcare Technology

Internet Services

Relevant Teams

Legal

Compliance

Product Development

Software Development

User Experience

Information Technology

Risk Management

Commercial Operations

Customer Success

Digital Operations

Privacy

Relevant Roles

Legal Counsel

Privacy Officer

Compliance Manager

Product Manager

Software Developer

UX Designer

Digital Product Owner

IT Director

Chief Technology Officer

Chief Legal Officer

Risk Manager

Commercial Director

Business Development Manager

Customer Success Manager

Operations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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