82 Total
32 High severity
42 Medium severity
8 Low severity

Key Facts

What does Substack limit its aggregate liability to?
Substack limits its aggregate liability to the greater of $100 or the amounts paid and/or payable by the user to Substack in the twelve-month period preceding the applicable claim.
Does Substack limit its aggregate liability to the greater of $100 or the amounts paid and/or payable by the user to Substack in the twelve-month period preceding the applicable claim?
Substack limits its aggregate liability to the greater of $100 or the amounts paid and/or payable by the user to Substack in the twelve-month period preceding the applicable claim.
Are Substack, its licensors, and its suppliers liable to any person for any indirect, special, incidental, or consequential damages?
Substack, its licensors, and its suppliers are not liable to any person for any indirect, special, incidental, or consequential damages under any legal theory.
Does Substack require that all claims between the user and Substack Inc be brought only in an individual capacity?
Substack requires that all claims between the user and Substack Inc be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding.
Can claims between the user and Substack Inc be brought as a plaintiff or class member in any purported class, consolidated, or other representative proceeding?
Substack requires that all claims between the user and Substack Inc be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding.
Does original content a user posts, uploads, shares, stores, or otherwise provides to Substack remain the user's property?
Substack establishes that any original content a user posts, uploads, shares, stores, or otherwise provides to Substack remains the user's property and is protected by copyright and any other applicable intellectual property laws.
Is original content a user posts to Substack protected by copyright and any other applicable intellectual property laws?
Substack establishes that any original content a user posts, uploads, shares, stores, or otherwise provides to Substack remains the user's property and is protected by copyright and any other applicable intellectual property laws.
Are the licenses Substack requires users to grant royalty-free, perpetual, irrevocable, and worldwide?
Substack requires users to grant licenses that are royalty-free, perpetual, irrevocable, and worldwide.
What does Substack require users to grant it a license to do with the user's Posts?
Substack requires users to grant it a license to translate, modify, reproduce, and otherwise act with respect to the user's Posts to enable Substack to provide, improve, and notify the user about new features within Substack.
Does Substack require users to grant it a license to translate, modify, reproduce, and otherwise act with respect to the user's Posts to enable Substack to provide, improve, and notify the user about new features?
Substack requires users to grant it a license to translate, modify, reproduce, and otherwise act with respect to the user's Posts to enable Substack to provide, improve, and notify the user about new features within Substack.
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Summary

These terms govern what you can do on Substack and what Substack can do with your content and account. You keep ownership of what you post, but Substack gets a permanent, irrevocable license to modify and reproduce it, and Substack can remove your content or terminate your account at any time for any reason. If something goes wrong, you can recover no more than $100 (or what you paid Substack in the past year), and you must resolve disputes individually through private arbitration in San Francisco—not in court and not as part of a class action.

Analysis

The Substack Terms of Use establish the contractual relationship between Substack and its users, setting out the rights each party holds over user-generated content, the conditions under which Substack may terminate or suspend accounts and remove content, and the financial and procedural limits on user recourse. Users retain ownership of their original content but grant Substack a royalty-free, perpetual, irrevocable, and worldwide license to translate, modify, and reproduce that content for platform purposes. Substack's aggregate liability is capped at the greater of $100 or fees paid in the preceding twelve months, all indirect and consequential damages are excluded from Substack's liability, and users are required to indemnify Substack—including for consequential damages—against claims arising from their use of the platform. All disputes must be resolved through individual JAMS arbitration in San Francisco County, California, with a class-action waiver barring any representative proceeding.

What this means for you

For an individual user, this document means that content you post stays yours in title, but the license you grant Substack to modify and reproduce it cannot be revoked. Your account and content can be removed at any time without cause, and your financial recovery from Substack for any harm is capped at $100 or fees you paid in the past twelve months—with no recovery available for lost data, lost income, or other consequential losses. If you have a dispute with Substack, you must bring it as an individual claimant through JAMS arbitration in San Francisco County; you cannot join or lead a class action. The one concrete action available: if Substack notifies you of a change to the Terms by website notice or email, that notification is your signal to review the updated Terms before continuing to use the platform.

Institutional Analysis
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Institutional analysis available with Insight

Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.

4 important changes detected

5 versions captured · Last updated: June 2026

What changed Substack updated its navigation menu on June 28, 2026 by adding 'For media founders' to its list of creator categories. The change is a single navigation link addition in the terms of use document's menu structure. This expands the platform's stated creator segments but does not modify substantive rights, obligations, or commercial terms.
Why this matters This change does not alter substantive terms, consumer rights, data handling, fees, or obligations. It is a navigation menu update that adds a new category link ('For media founders') to Substack's creator onboarding pages. No action is required from existing users.
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What changed Substack added a reference to 'Brand Partnerships' in the footer navigation of their Terms of Use on June 16, 2026. Previously, the footer listed features including 'Features' but did not include 'Brand Partnerships'. The updated footer now includes this link, suggesting Substack has added a new page or section describing branded partnership offerings. This is a navigation update with no change to the substantive terms governing user rights or obligations.
Why this matters This change does not affect the substantive terms under which Substack users operate. The update adds a navigation link to a 'Brand Partnerships' section in the website footer, which is a formatting and navigation change. No user rights, obligations, data practices, or service terms are modified by this update.
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May 19, 2026 low

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' …

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May 6, 2026 low

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 …

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Featured, High severity

Complete Provision Index

Every distinct legal provision identified in this document. Featured provisions appear above with analysis.

82 provisions
12 featured
19 clause types
32 high severity
Data Collection 1 1 high
Restricted or Prohibited Content/Industries 1 1 high
Developer / API Restrictions 1
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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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FAA
United States Federal
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FTC Act Section 5
United States Federal
View official text ↗
GDPR
European Union
View official text ↗
UK GDPR
United Kingdom
View official text ↗
Archival ProvenanceSource & Archival Record
Last Captured June 28, 2026 00:24 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000177
Version ID CA-V-004272
SHA-256 588554f9b85730eeac17d0ff294c8724bc6dcb53a824c540bd4cd2eec232a0b8
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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