Substack
Weighted across nine legal categories. Lower is worse.
Executive summary
Substack's Terms of Use establish a publishing platform where creators retain content ownership but grant Substack broad perpetual license rights. The platform reserves significant unilateral power over account termination, content removal, and terms modification. Mandatory arbitration in California with class-action waiver limits consumer recourse, while the liability cap is modest and indemnification obligations are one-sided and uncapped. Payment and subscription terms lack consumer protections like refund policies or explicit auto-renewal disclosures.
Category breakdown
Acceptance of Terms & Scope
Contract formation and service boundaries
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.
Key findings
- Age requirement set at 16 years minimum, compliant with COPPA
- Scope clearly defined for both creator and reader functions
- Terms written in plain language, reasonably accessible
- Binding agreement formed by using Substack in any way
- Additional terms referenced: Privacy Policy, Publisher Agreement, Content Guidelines, Copyright Policy
Evidence from the document
You represent and warrant that you are of legal age to form a binding contract. As detailed further below, you may not and must not use Substack if you are under 16 years old.
Using Substack in any way means that you agree to all of these Terms
Recommendations
- Review the linked Publisher Agreement for creator-specific obligations
- Check the Privacy Policy for data collection and use details
- Verify your age qualifies under the 16-year minimum requirement
- Understand that using Substack constitutes acceptance of all referenced terms
User Accounts
Registration, suspension, and termination
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.
Key findings
- Termination allowed at Substack's discretion for any reason
- Advance notice promised but not guaranteed if impractical or illegal
- No formal appeal or dispute process for wrongful termination
- Users can delete accounts anytime from account page
- Deleted posts remain available if previously published publicly
- Some obligations survive termination indefinitely
Evidence from the document
Substack is free to terminate (or suspend access to) your use of Substack, or your account, for any reason at our discretion.
We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important Posts you may have uploaded to your account, but we may not do so if we determine it would be impractical
Recommendations
- Regularly backup important posts and subscriber lists outside Substack
- Document your account creation and usage patterns
- Review the content guidelines to avoid violations that could trigger termination
- Understand that termination could mean permanent loss of subscriber access
- Contact tos@substackinc.com immediately if account is deleted by mistake
Intellectual Property & UGC
Content ownership and licensing
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.
Key findings
- Creators retain full ownership of original content
- Substack receives perpetual, irrevocable, royalty-free license
- License includes rights to modify, reproduce, translate, and distribute
- Substack can remove any content at any time for any reason without notice
- Public posts grant all other users access and usage rights
- No revenue sharing for commercial use of creator content
- License survives even after content deletion from backups
Evidence from the document
First and foremost, you own what you create.
You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide.
We reserve the right to remove any content from Substack at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice.
Recommendations
- Watermark or otherwise mark original valuable content
- Keep original copies of all posts outside Substack
- Understand that Substack owns the right to modify your work for technical reasons
- Be aware that removal of your content offers no compensation or explanation
- Consider the permanent nature of the license you grant
Data Privacy
Data collection, usage, and protection
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.
Key findings
- Privacy practices detailed in separate Privacy Policy document
- COPPA compliance stated: no collection from children under 16
- SMS verification mentioned with STOP opt-out option
- Phone numbers used only for SMS verification
- Children's personal information deleted if collected
- Privacy policy accessible via link but not included in T&C
Evidence from the document
Substack takes your privacy very seriously. For the current Substack Privacy Policy, please click here.
We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for Substack
Recommendations
- Read the full Privacy Policy linked in these terms before using Substack
- If providing a phone number, understand SMS rates may apply
- Reply STOP to any SMS messages to opt out
- Parents: verify Substack is not used by anyone under 16 on your account
- Review privacy practices with particular attention to third-party service integrations
Payment & Subscriptions
Billing and subscription management
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.
Key findings
- Creators set prices at sole discretion; readers agree to pay
- Retroactive price changes explicitly prohibited
- No refund policy detailed in this document
- Substack declines responsibility for creator disputes
- No automatic renewal disclosure provided
- No cancellation procedures specified
- Payment processing handled by Substack but disputes with creators are creator's problem
Evidence from the document
Creators will set prices for their publications, and may change the prices at their sole discretion through their Creator account, though no price changes shall apply retroactively.
In the event that a Reader has a dispute with a Creator, you agree, as either/both a Reader and a Creator, that Substack is under no obligation to become involved
Recommendations
- Before subscribing, understand the creator's refund policy
- Verify subscription charges on your billing statements
- Contact the creator directly for any billing disputes, not Substack
- Understand that Substack will not mediate payment disputes with creators
- Check for cancellation methods on the creator's publication page
Limitation of Liability
Risk allocation and legal protection
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.
Key findings
- Damages capped at greater of $100 or 12-month subscription fees
- No indirect, special, incidental, or consequential damages covered
- All services provided as-is with no express or implied warranties
- No warranty of accuracy, copyright compliance, or legality
- No warranty that service will be uninterrupted or error-free
- No responsibility for third-party content or services
- Users release Substack from liability for all third-party disputes
Evidence from the document
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Substack, its licensors, or its suppliers be liable to you or to any other person for: Any indirect, special, incidental, or consequential damages of any kind, or Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with Substack in the twelve-month period
Substack is provided to you on an 'as-is' basis. This means we provide it to you without any express or implied warranties of any kind.
Recommendations
- Assume Substack cannot be held responsible for content accuracy or legality
- Do not rely on Substack's service being uninterrupted
- Understand that any subscription over $100/year provides only modest recovery potential
- For subscribers paying less than $100/year, meaningful damages recovery is impossible
- Report serious issues to Substack but expect limited liability response
Indemnification
Legal responsibility allocation
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.
Key findings
- One-way indemnification: user must indemnify Substack, not reciprocal
- Triggered by any use of Substack or violation of terms
- Covers third-party actions taken using user's account
- Covers attorneys' fees and all damages without cap
- Extended to affiliates, officers, agents, employees, and partners
- No carve-out for Substack's own negligence or misconduct
- User must pay for Substack's defense with no control over strategy
Evidence from the document
You agree to indemnify and hold Substack, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of Substack (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Recommendations
- Secure your account with a strong password and enable any available 2FA
- Monitor your account for unauthorized activity
- Report account compromises immediately to prevent third-party liability
- Document your compliance with all terms and content guidelines
- Understand that you could be liable for Substack's legal costs even if you did nothing wrong
- Consult a lawyer before agreeing if you create potentially contentious content
Modification of Terms
How agreements can be changed
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.
Key findings
- Substack may change terms at any time at its discretion
- Notice promised via website, email, or other unspecified means
- No advance notice period guaranteed (30 days is industry standard)
- Acceptance occurs by continued use after notice
- Rejection requires abandoning the service entirely
- Exit means forfeiture of prepaid subscriptions and content access
- No clarification on retroactive application to existing disputes
Evidence from the document
We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means.
If you use Substack in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.
Recommendations
- Monitor notifications for any changes to the terms
- Review the full terms of service periodically
- Screenshot or save important terms before changes take effect
- If major changes are announced, decide immediately whether to continue using the service
- Track renewal dates so you can cancel before automatic charges if terms worsen
Governing Law & Disputes
Jurisdiction and conflict resolution
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.
Key findings
- Mandatory arbitration in San Francisco County, California
- Class action waiver prohibits all class and representative proceedings
- No arbitration opt-out period or mechanism provided
- No small claims court carve-out
- Governing law: California and federal law
- Fee-shifting: prevailing party entitled to attorney fees
- One arbitrator selected from JAMS list
- Individual capacity only: no consolidated or class arbitration allowed
Evidence from the document
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California
To the fullest extent permitted by law, you and Substack Inc agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding.
Recommendations
- Understand you cannot sue Substack as part of a class action
- Know that individual arbitration is mandatory and binding
- Search for arbitration opt-out procedures in account settings (if any exist)
- For small disputes under $1,000, individual arbitration is not economically viable
- Consider whether to use Substack given limited dispute resolution options
- Consult a lawyer for disputes before filing anything
Ex-TerCo provides automated analysis of legal documents for informational purposes. This is not legal advice. Terms can change at any time.