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Plain-English summary
This document includes several significant user risks, such as liability being capped at a low monetary amount and the company providing no warranties for the service or its AI tools. Disputes must be resolved through arbitration in San Francisco, California, and users waive their right to participate in class action lawsuits. The company can terminate accounts for any reason without guaranteed notice. Additionally, users are responsible for issues arising from interactions with other users or Creators, and the company is not liable for errors in user-generated content.
91% confidence
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Risk Flags
5 findings
Critical issues, including those that might have substantial legal or financial implications for users.
Not clearly stated: This section does not clearly state if a user will receive a refund if their account is terminated by the company. It also doesn't specify if there are any limitations or conditions on the company's right to terminate accounts, beyond their sole discretion. There is no clear statement regarding the policy for inactive accounts.
high95% confidence
No Warranties provided for the service
The service is provided on an "as-is" basis, meaning no express or implied warranties of any kind are offered, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the service will be uninterrupted or error-free.
Why it matters: You use the service with no guarantee of its quality, fitness for a particular purpose, or continuous availability, and you bear the risk of any issues that may arise.
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. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Substack will be uninterrupted or error-free.
Creator Terms and Policies, paragraph 3 · Citation strength: strong
high95% confidence
No Warranties provided for AI services or automated content detection tools
The company explicitly states that it makes no representation or warranty regarding the accuracy, completeness, or reliability of any automated content detection result or AI-detection label, and AI services are provided "as is."
Why it matters: You cannot rely on the accuracy, completeness, or reliability of automated content detection or AI services, and you are responsible for ensuring that your AI prompts and outputs are lawful and comply with terms.
Automated content detection tools, including AI-detection features, are provided on an “as is” basis. Substack makes no representation or warranty as to the accuracy, completeness, or reliability of any automated detection result or label.
Creator Terms and Policies, paragraph 5 · Citation strength: strong
high95% confidence
Disputes must be arbitrated in a specific location
Any disputes arising from or relating to the terms will be settled by arbitration in San Francisco County, California. You also consent to exclusive jurisdiction and venue in the state or federal courts located in San Francisco County, California, or the Northern District of California.
Why it matters: This limits your ability to pursue legal action in your local jurisdiction, potentially requiring you to travel to San Francisco, California, to resolve disputes, which could incur significant costs and inconvenience.
For all purposes of these Terms, you consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and attorneys’ fees.
Arbitration and Class Action Waiver, paragraph 1 · Citation strength: strong
high95% confidence
Company can terminate your account at any time, for any reason, at their discretion
The company can terminate or suspend your use of the service or your account for any reason at its discretion. They may try to provide advance notice but are not obligated to if it is impractical, illegal, or harmful.
Why it matters: Your account or access to the service can be terminated without a specific cause, potentially leading to an abrupt loss of access to your content and the platform. While the company may attempt to provide notice, it is not guaranteed.
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
You agree to indemnify the company
You agree to indemnify and hold the company, its affiliates, officers, agents, employees, and partners harmless from and against any claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising from or related to third-party claims concerning your use of the service or your violation of the terms.
Why it matters: You could be held financially responsible for legal costs and damages if a third party makes a claim against the company due to your actions on the service or your breach of the terms.
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.
Policies on how your data is collected, used, and shared.
Not clearly stated: This section does not clearly state whether the company shares aggregated or anonymized user data with third parties for analytics or other purposes. It also does not explicitly detail the company's data retention policy for different types of user data, beyond stating that public posts may remain viewable. There is no clear statement regarding specific data encryption practices or security measures for user data.
medium95% confidence
Public posts may remain viewable elsewhere after account deletion
When you delete your account, any Posts associated with that account will also be deleted. However, any Post that you have made public may remain available and may not be completely deleted from the company's records or backups if copied or stored by other users.
Why it matters: Even after deleting your account, content you made public might still be accessible to others or remain in the company's systems, limiting your control over its complete removal.
When you delete your account, any Posts associated with that account will also be deleted. However, any Post that you have made public may remain available. You understand and agree that it may not be possible to completely delete your content from Substack’s records or backups, and that your Posts may remain viewable elsewhere to the extent that they were copied or stored by other users.
Terminating Your Account, paragraph 1 · Citation strength: strong
Cancellation and Renewal
1 finding
Terms related to account termination, subscription cancellation, and automatic renewals.
Not clearly stated: This section does not clearly state if subscriptions automatically renew. It also does not specify the notice period required for users to cancel a subscription before it renews. There is no clear information about any fees associated with cancellation or late payment policies. While it mentions the company may notify users of material changes, it does not specifically address how changes to subscription terms or pricing will be communicated or when they take effect.
low90% confidence
Refunds for Creator disputes are generally at the Creator's discretion
If you have a dispute with a Creator, the company is not obligated to get involved beyond directing inquiries to the Creator. Refunds are generally made only at the Creator's discretion, although the company facilitates refunds consistent with their Refund Policy.
Why it matters: You may not be guaranteed a refund if you have a dispute with a Creator, as refunds are primarily up to the Creator's discretion, even though the company may facilitate the process.
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 other than to direct any inquiries regarding a Creator’s publication to the appropriate Creator pursuant to the Publisher Agreement . Although refunds are generally made only at the Creator’s discretion, Substack facilitates refunds from Creators consistent with our Refund Policy as may be updated from time to time.
Paid Subscriptions on Substack, paragraph 1 · Citation strength: strong
Gotchas
3 findings
One-sided clauses, hidden fees, or other surprising terms.
Not clearly stated: This section does not clearly state whether there are any hidden fees beyond subscription costs or taxes. It also does not explicitly detail the process for reporting or resolving disputes between users and Creators, or what recourse a user has if a Creator's terms conflict with the platform's terms and cause harm. There is no clear statement regarding any disclaimers on content or services generated by users, beyond the general liability for posts.
medium95% confidence
Company not liable for errors or omissions in any Post
The company states it is not liable for any errors or omissions in any Post and you release them from any damages or loss you might suffer in connection with a Post.
Why it matters: You bear the risk for any errors or omissions in content posted on the platform, and you cannot hold the company responsible for damages or losses resulting from such content.
We aren’t liable for any errors or omissions in any Post and you hereby release us from any damages or loss you might suffer in connection with a Post.
Company not liable for interactions with other users or organizations
Your interactions with organizations and individuals on or through the service, including payments for Creator publications, are solely between you and them. The company states it is not responsible or liable for any loss or damage incurred from such dealings and cannot guarantee the identity of users.
Why it matters: You are solely responsible for any issues arising from your interactions, payments, or dealings with other users or organizations on the platform. The company disclaims liability for these interactions and does not guarantee user identities.
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.
Service features and access can change without guaranteed notice
The company may suspend or discontinue any part of the service, introduce new features, or impose limits on features or restrict access to parts or all of the service. They will try to give notice when material changes adversely affect you, but state this is not always possible or practical.
Why it matters: The service you use today may change significantly, or access may be restricted, without prior notice. This could disrupt your use of the platform and affect your content or operations.
We’re always trying to improve Substack, so our products and services may change over time. We may suspend or discontinue any part of Substack, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Substack. We’ll try to give you notice when we make a material change to Substack that would adversely affect you, but this isn’t always possible or practical.
Changes to Substack, paragraph 1 · Citation strength: strong
Protections
1 finding
User-friendly clauses and commitments that benefit you.
Not clearly stated: This section does not clearly state whether users have the right to access, correct, or port their personal data. It also does not detail any mechanisms for users to object to data processing or restrict certain data uses. There is no clear statement regarding whether users receive advance notice before any material changes are made to their data processing practices.
Protection95% confidence
No collection of personal information from children under 16
The company does not knowingly collect or solicit personally identifiable information from children under 16. If they learn personal information has been collected from a child under 16, that information will be deleted as quickly as possible.
Why it helps: This policy protects children under 16 by preventing the deliberate collection of their personal data and committing to delete such information if accidentally acquired, helping to safeguard their privacy.
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.
Child Privacy on Substack, paragraph 1 · Citation strength: strong
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