Substack imposes mandatory binding arbitration in San Francisco County, California, with no opt-out option provided and no small claims carve-out. Class actions and class arbitration are completely waived, making small-dollar claims economically impossible to pursue. Fee-shifting is one-sided in the company's favor. These provisions essentially prevent meaningful consumer access to justice for disputes, particularly for subscribers paying modest amounts.
Substack reserves the right to terminate accounts at its discretion with minimal procedural protections. While advance notice is promised, the policy explicitly states notice is not required if deemed impractical or harmful. No formal appeal process is described. Account deletion is allowed, but public posts may remain. These provisions create substantial risk of account loss without meaningful recourse.
Substack reserves the right to modify terms at any time with notice via website, email, or other means. Notice is promised but the mechanism is vague (including undefined other means). Acceptance is inferred from continued use. No advance notice period is specified. Users who reject changes must leave the service, forfeiting all value. No distinction is made regarding retroactive application to accrued disputes or obligations.
Substack requires users to indemnify the company, its affiliates, officers, agents, and employees for any third-party claims arising from the user's use of Substack or violation of terms. This is a one-way obligation with no reciprocal company indemnity. The trigger is extremely broad, covering both direct actions and third-party actions using a hacked account. No cap exists on indemnification obligations, and no carve-out protects against Substack's own negligence.
Substack allows creators to set subscription prices at their discretion, with retroactive price changes explicitly forbidden. However, the terms lack detail on billing transparency, refund policies, automatic renewal disclosures, and cancellation procedures. Disputes with creators are explicitly outside Substack's responsibility. No consumer protections typical of subscription services are articulated in this T&C.
Creators retain ownership of their content, which is positive. However, Substack receives a perpetual, irrevocable, worldwide license to use posts without time limit or compensation. The license grants broad rights including modification and distribution. Critically, Substack can remove content at any time without notice or explanation. No revenue sharing is provided for commercial exploitation of creator work.
Substack severely limits its liability to either $100 or 12 months of fees paid, whichever is greater. All services are provided as-is with no warranties whatsoever, including no warranty of accuracy, legality, or fitness. Third-party content and services are explicitly excluded from liability. These sweeping limitations leave consumers with minimal recourse for significant harms, particularly for small-dollar subscriptions.
The Terms reference a separate Privacy Policy for detailed privacy practices but do not elaborate on data collection or use within the T&C itself. Substack explicitly commits to COPPA compliance for children under 16. SMS verification is mentioned with opt-out capability. However, critical privacy details are deferred to external documents not included here.
Substack clearly defines its scope as a publishing platform for creators and readers. Age requirement of 16 and above is legally compliant. Terms are written in accessible language and cover the essential services offered. The acceptance mechanism relies on continued use, which is standard for online platforms.