Daniel Barabander Profile picture
GC and Investment Partner @variantfund ex software engineer/@ycombinator founder, attorney @Cravath tweets are not legal advice | I am not your lawyer
Sep 9, 2024 10 tweets 2 min read
I am unaware of an area of law with more bang for its buck for crypto apps than a website’s terms of service. I know terms of service are not the most exciting thing in the world, but if done right, they can make a huge difference in legal liability exposure.

The key issue apps run into in this area of law is whether the terms are enforceable on the app’s users. So, I looked into tips for increasing the likelihood of enforceability. Here’s a thread with the TLDR. Generally speaking, the “gold standard” for terms of service is a “clickwrap” or “scrollwrap” (I’m treating these as similar things, but different people call these different things). This is when the app presents the full terms, and users click a box saying they’ve read and agree to them. As one court put it: “To ensure that an online agreement passes muster, clickwrap is the safest choice.”