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Click Wrap License

Click Wrap License Template for Malaysia

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Key Requirements PROMPT example:

Click Wrap License

"I need a Click Wrap License Agreement for my new mobile gaming app launching in March 2025, which will be available to Malaysian users and includes in-app purchases and user data collection for gameplay optimization."

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Document background
The Click Wrap License Agreement is essential for businesses operating digital platforms, services, or software products in Malaysia. This agreement type has become increasingly important with the growth of digital commerce and online services, requiring compliance with Malaysian electronic transaction laws and data protection regulations. The document provides a legally enforceable mechanism for obtaining user consent and establishing terms of use through a simple click-action, making it particularly suitable for web-based services, software applications, and digital platforms. It must incorporate specific requirements from Malaysian legislation, including the Electronic Commerce Act 2006, Consumer Protection Act 1999, and Personal Data Protection Act 2010, while ensuring user-friendly presentation and clear acceptance mechanisms.
Suggested Sections

1. Parties: Identification of the licensor and the scope of potential licensees/users

2. Background: Context of the agreement and purpose of the software/service

3. Definitions: Key terms used throughout the agreement

4. Acceptance of Terms: Clear mechanism for indicating acceptance through click-wrap process

5. License Grant: Scope, nature, and limitations of the license granted

6. User Obligations: User responsibilities and acceptable use conditions

7. Intellectual Property Rights: Protection of IP rights and ownership declarations

8. Privacy and Data Protection: Compliance with PDPA and data handling practices

9. Disclaimers and Warranties: Extent of warranties provided and disclaimers of liability

10. Limitation of Liability: Limitations on liability and indemnification provisions

11. Term and Termination: Duration of agreement and termination conditions

12. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction details

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

Optional Sections

1. Subscription Terms: Required for subscription-based services, including payment terms and renewal conditions

2. API Terms: Necessary when providing API access or integration capabilities

3. Service Level Agreement: Required for software-as-a-service offerings with specific performance guarantees

4. Data Processing Agreement: Required when processing personal data beyond basic collection

5. Third-Party Services: Needed when incorporating third-party services or components

6. Export Controls: Required for software with international distribution

7. Industry-Specific Compliance: Required for regulated industries like healthcare or financial services

Suggested Schedules

1. Technical Requirements: Minimum system requirements and technical specifications

2. Pricing Schedule: Pricing tiers and payment terms if applicable

3. Acceptable Use Policy: Detailed rules and restrictions for using the software/service

4. Privacy Policy: Detailed privacy practices and data handling procedures

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

6. Data Processing Details: Specific details about data collection, processing, and storage methods

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Software Development

E-commerce

Digital Services

Mobile Applications

Cloud Computing

Financial Technology

Online Gaming

Digital Content Distribution

Software as a Service (SaaS)

Educational Technology

Healthcare Technology

Online Marketplace

Relevant Teams

Legal

Compliance

Product Development

Information Technology

User Experience

Risk Management

Digital Operations

Customer Support

Information Security

Technical Documentation

Privacy

Relevant Roles

Legal Counsel

Privacy Officer

Compliance Manager

Software Development Manager

Product Manager

Digital Services Director

IT Security Manager

User Experience Designer

Contract Administrator

Risk Manager

Technical Documentation Specialist

Chief Technology Officer

Chief Legal Officer

Digital Products Manager

E-commerce Manager

Industries
Electronic Commerce Act 2006: Provides legal recognition of electronic messages in contract formation and validates electronic signatures and agreements. Essential for establishing the legal validity of click-wrap agreements.
Consumer Protection Act 1999: Protects consumer rights in electronic transactions, including unfair contract terms and mandatory disclosure requirements for online agreements.
Personal Data Protection Act 2010: Regulates the collection, processing, and use of personal data. Relevant for privacy policy requirements in click-wrap agreements.
Contracts Act 1950: Provides the fundamental principles of contract formation, including offer, acceptance, and consideration, which apply to click-wrap agreements.
Digital Signature Act 1997: Provides legal framework for digital signatures and electronic authentication methods, relevant for user consent verification in click-wrap agreements.
Consumer Protection (Electronic Trade Transactions) Regulations 2012: Specifies requirements for online businesses including mandatory disclosures and fair trading practices in electronic transactions.
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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