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
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.
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.
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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...
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...
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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"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
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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.
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