Substack · Substack Terms of Use · View original document ↗

Aggregate Liability Cap at $100

High severity Unique · 0 of 325 platforms
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Recent governance activity Substack recorded 3 documented changes in the last 30 days.
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This analysis describes what Substack's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

For the vast majority of Substack users who use the platform for free, the maximum compensation they could ever receive from Substack for any harm — including data breaches, wrongful account termination, or content loss — is $100.

Consumer impact (what this means for users)

Substack's Terms grant the platform a royalty-free, perpetual, and irrevocable license to modify and distribute your content, which means this license survives account deletion. The mandatory arbitration and class action waiver provisions limit your ability to pursue disputes in court, and the liability cap of $100 or amounts paid in the prior 12 months significantly constrains financial recovery. You can delete your account at any time from your Substack account settings page at https://substack.com/account/settings, though public posts may remain accessible if they were previously copied or stored by other users.

How other platforms handle this

Signal Medium

THE SIGNAL PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE SIGNAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH...

Anthropic Medium

Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...

Fitbit Medium

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FITBIT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN) DURING THE TWELV...

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▸ View Original Clause Language DOCUMENT RECORD
"
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 preceding the applicable claim.

— Excerpt from Substack's Substack Terms of Use

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Substack Terms of Use
Entity
Substack
Document last updated
May 5, 2026
Tracking information
First tracked
May 9, 2026
Last verified
May 9, 2026
Record ID
CA-P-005967
Document ID
CA-D-00177
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
41416b34172df3713d5b8670e8d77adf1364d7996add1e774596900f50b939ae
Analysis generated
May 9, 2026 17:50 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Substack
Document: Substack Terms of Use
Record ID: CA-P-005967
Captured: 2026-05-09 17:50:51 UTC
SHA-256: 41416b34172df371…
URL: https://conductatlas.com/platform/substack/substack-terms-of-use/aggregate-liability-cap-at-100/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Substack's Aggregate Liability Cap at $100 clause do?

For the vast majority of Substack users who use the platform for free, the maximum compensation they could ever receive from Substack for any harm — including data breaches, wrongful account termination, or content loss — is $100.

Is ConductAtlas affiliated with Substack?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Substack.