8 Total
1 High severity
7 Medium severity
0 Low severity
Summary

This document establishes the terms governing user participation on Substack as readers, writers, and podcast creators. The agreement authorizes Substack to retain a permanent, irrevocable, worldwide license to modify and use all publicly posted content, including after account deletion. The document requires that disputes between users and Substack be resolved through individual binding arbitration in San Francisco rather than through court litigation or class action proceedings.

Technical / Legal Breakdown

This document is Substack's Terms of Use (effective April 21, 2025), a binding contract governing all use of Substack's media platform for writing, video, podcasts, and creator-centered communities, incorporating by reference the Privacy Policy, Publisher Agreement, Content Guidelines, Support Chatbot Terms, and Copyright Dispute Policy. The agreement states that users retain ownership of their original content but grant Substack a royalty-free, perpetual, irrevocable, and worldwide license to translate, modify, reproduce, and otherwise act with respect to Posts to enable the platform to operate; the terms also authorize Substack to terminate or suspend any account at its discretion for any reason with limited advance notice obligations. The mandatory arbitration clause with class action waiver, requiring individual arbitration in San Francisco County under JAMS Streamlined Rules, is a notable limitation on legal recourse that is standard among consumer platforms but may face enforceability constraints in certain jurisdictions, particularly for EU and UK users where such waivers may not be recognized; the perpetual, irrevocable content license combined with the acknowledgment that deleted content may remain in backups or third-party copies represents meaningful practical exposure for creators. The document engages COPPA (children under 16 are expressly prohibited from registering), CCPA (a separate CCPA Policy is referenced), and GDPR/UK GDPR insofar as Substack serves EU and UK users, though the ToS itself does not detail EU-specific rights mechanisms, which are addressed in the Privacy Policy; the California governing law and arbitration venue provisions create heightened compliance relevance for California-resident users and creators, and the TCPA may be engaged by the SMS verification provisions.

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2 important changes detected

3 versions captured · Last updated: May 2026

What changed Substack's Terms of Use footer navigation was updated on May 19, 2026 to add comparative product links. The footer now includes links to 'Substack vs. beehiiv' and 'Substack vs. Patreon' in the navigation menu. This is a navigational and marketing change to the terms document structure, not a modification of substantive contractual rights or obligations.
Why this matters This change modifies the navigation structure and footer links in Substack's Terms of Use document, not the substantive contractual terms. The addition of comparative product links does not alter user rights, obligations, data handling, fees, or service conditions. The change is organizational and marketing-focused.
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What changed Substack added one navigation link to its site architecture on May 6, 2026: a new 'For media founders' option in the creators section of the Terms of Use document. This is a formatting and navigation change with no modification to the actual terms, rights, or obligations that govern user conduct or Substack's authority. This change does not materially affect what users have agreed to.
Why this matters This change is a navigation and site structure update with no impact on consumer rights, obligations, data practices, or safety. The underlying terms of service remain unchanged. No action is required from users.
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High — 1 provision
Medium — 7 provisions

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Mapped Governance Frameworks

CCPA/CPRA
California, USA
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CFAA
United States Federal
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DMCA
United States Federal
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DSA
European Union
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ePrivacy Directive
European Union
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FAA
United States Federal
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FTC Act Section 5
United States Federal
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GDPR
European Union
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UK GDPR
United Kingdom
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Archival ProvenanceSource & Archival Record
Last Captured May 19, 2026 00:17 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000177
Version ID CA-V-002718
SHA-256 61fd991a2f5fd8e53322ec1a62344bf86edfa56331f35a0d1b4571dafde04478
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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