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Plain-English summary
Substack's terms include several user risks: the company can remove content and terminate accounts without notice (risk_flags-1, risk_flags-2). Users must also agree to mandatory arbitration, waiving class action rights (risk_flags-3). There's a significant limitation of liability for Substack, capping damages and providing no warranties (risk_flags-4). Users are also broadly required to indemnify Substack for third-party claims (risk_flags-5) and Substack disclaims responsibility for user interactions and third-party content (risk_flags-6). Additionally, users grant Substack a broad, perpetual, and irrevocable license to their content (risk_flags-7).
90% confidence
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Risk Flags
These clauses contain commitments or practices that commonly carry elevated risks for users. These are often not unusual in themselves, but should be understood and accepted by the user.
high95% confidence confidence
Unilateral content removal without notice
Substack reserves the right to remove any content at any time, for any reason, in its sole discretion, and without notice.
Why it matters: Substack can remove your content (Posts) from the platform at any time, for any reason, without prior notification or explanation.
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.
**Posting Content on Substack**, paragraph 9 · Citation strength: strong
high95% confidence confidence
Unilateral account termination without guaranteed notice
Substack can terminate or suspend a user's account for any reason at its discretion. While it will try to provide advance notice, it is not guaranteed if deemed impractical, illegal, or harmful.
Why it matters: Your account may be terminated or suspended by Substack at their discretion for any reason, and they are not always obligated to provide you with advance notice before doing so.
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, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Substack.
**Terminating Your Account**, paragraph 1 · Citation strength: strong
high95% confidence confidence
Mandatory arbitration and class action waiver
Any disputes users have with Substack must be settled by arbitration in San Francisco, California, and users waive their right to participate in class action lawsuits. Claims can only be brought in an individual capacity.
Why it matters: You cannot pursue legal action against Substack in court through a class action lawsuit; disputes must be resolved through individual arbitration in San Francisco, 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. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party's claim.
Substack's liability is limited to either $100 or the amount paid by the user in the preceding twelve-month period. The service is provided "as-is" without any express or implied warranties.
Why it matters: Your ability to recover financial damages from Substack is severely limited. Substack also provides no warranties regarding the service, its content, or purchased products/services.
**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:**
**Posting Content on Substack**, paragraph 31 · Citation strength: strong
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Broad user indemnification for third-party claims
Users agree to indemnify and hold Substack harmless from any claims, damages, and expenses (including attorneys' fees) arising from their use of Substack or violation of the terms, including actions taken by a third party using their account.
Why it matters: You are broadly responsible for covering Substack's legal costs and damages if third parties make claims related to your use of the service or your violation of the terms, even if those actions were by another person using your account.
To the fullest extent allowed by applicable law, 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.
Disclaimer of responsibility for user interactions and third-party content
Substack is not responsible for users' interactions with other individuals or organizations on the platform, including payments for publications, and is not liable for any resulting loss or damage. They also disclaim responsibility for third-party websites or services linked on Substack.
Why it matters: Substack is not liable for any issues, damages, or losses that arise from your interactions with other users, including payments for publications, or from your use of any third-party websites or services linked through Substack.
* Other Users on Substack: Your interactions with organizations and individuals found on or through Substack, including payment for Creator publications, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that Substack shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We can’t guarantee the identity of any users with access to Substack and are not responsible for which users gain access to our products and services.
**Posting Content on Substack**, paragraph 27 · Citation strength: strong
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Perpetual, irrevocable license to user content
Users grant Substack a royalty-free, perpetual, irrevocable, and worldwide license to their content (Posts) to operate, improve, and promote the service, as well as to display, perform, and distribute public posts.
Why it matters: Substack obtains a broad license to use your content without end, even if you stop using the service. This license is irreversible and allows them to modify, reproduce, display, and distribute your content globally.
* Operating Substack: You hereby grant Substack a license to translate, modify, reproduce, and otherwise act with respect to your Posts to enable us to provide, improve, and notify you about new features within Substack. You understand and agree that we may need to make changes to your Posts to conform and adapt those Posts to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so. For example, we may need to modify your publication to make sure it is viewable on an iPhone as well as a computer.
**Posting Content on Substack**, paragraph 6 · Citation strength: strong
Data Use
These clauses describe how the company collects, uses, shares, and protects your personal information.
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SMS verification using phone numbers
Substack may use an SMS message to verify control of a phone number if provided by the user, and carrier rates may apply.
Why it matters: If you provide your phone number, Substack might send you an SMS message for verification, and your mobile carrier might charge you for these messages.
If you provide us your phone number, we may use an SMS message to verify your control of the phone number. Your carrier’s message and data rates may apply to this SMS verification.
**Privacy on Substack**, paragraph 4 · Citation strength: strong
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User responsibility for activity and legal compliance
Users are responsible for all their activity on Substack and must ensure their use complies with the law. Non-compliance may mean they are not authorized to use the service, and Substack is not responsible for illegal use.
Why it matters: You are personally responsible for all your actions on Substack and must ensure they are lawful. If your use violates laws, you may lose authorization to use the service, and Substack will not be held responsible for your illegal activities.
You are responsible for all your activity in connection with Substack! Make sure that you use Substack in a manner that complies with the law. If your use of Substack is prohibited by applicable laws, then you aren’t authorized to use Substack. We can’t and won’t be responsible for you using Substack in a way that breaks the law.
**Posting Content on Substack**, paragraph 15 · Citation strength: strong
Cancellation and Renewal
These clauses describe how and when a user or the company can cancel a subscription or account, and any related refund or renewal conditions.
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Looking good
No billing surprises spotted
Verbaterm only flags concerns it can cite. No cancellation, auto-renewal, or refund terms needed attention here.
Gotchas
These clauses are not necessarily problematic, but may contain conditions, costs, or limitations that users might find surprising or contrary to their expectations.
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No hidden gotchas
Verbaterm only flags concerns it can cite. Nothing easy-to-miss stood out in this section.
Protections
These clauses highlight commitments or practices that are beneficial to users.
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Prohibition of under-16 data collection
Substack does not knowingly collect personal information from children under 16 and will delete such information if discovered.
Why it helps: This commitment helps protect the privacy of children by preventing the collection of their personal data from individuals under 16.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. 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 or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at tos@substackinc.com.
**Privacy on Substack**, paragraph 2 · Citation strength: strong
Protection95% confidence confidence
Users retain ownership of their content
Users retain ownership of any original content they create and provide to Substack, and it is protected by intellectual property laws.
Why it helps: Users maintain their copyright and ownership rights over the content they create and post on Substack, even though they grant Substack a license to use it.
First and foremost, you own what you create. Any original content you post, upload, share, store, or otherwise provide to Substack remains yours and is protected by copyright and any other applicable intellectual property laws.
**Posting Content on Substack**, paragraph 1 · Citation strength: strong
Protection95% confidence confidence
Ability to delete account
Users can delete their account at any time from their account page, which will also delete associated Posts.
Why it helps: Users have control over their account and can choose to delete it, removing associated content from the platform.
Substack also allows you to delete your account at any time.**If you'd like to delete your account, you can do so from your[account page](https://substack.com/account/settings).** When you delete your account, any Posts associated with that account will also be deleted.
**Terminating Your Account**, paragraph 2 · Citation strength: strong
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