CTSW secured the dismissal of a lawsuit brought in the Southern District of New York against its client InMobi, a mobile advertising network.
InMobi was sued by a software development company for allegedly breaching a terms of service agreement related to advertising campaigns InMobi ran on the developer’s software. CTSW successfully argued that a forum-selection clause in the parties’ agreement which provided for the exclusive jurisdiction of Singapore warranted dismissal of the action.
District Court Judge Katherine Forrest determined that InMobi’s “clickwrap” agreement bound the user to its terms. Because InMobi’s customer “clicked” to accept the terms of service when creating the account, it was therefore bound by the forum-selection clause and precluded from bringing claims against InMobi outside Singapore.