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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
The cap means that regardless of the scale of harm a user suffers, the maximum financial recovery from Substack is bounded by a floor of $100 or recent fees paid, which for many free-tier users effectively limits recovery to $100.
Users are permitted to seek damages from Substack only up to the greater of $100 or fees paid or payable in the preceding twelve months, regardless of the actual harm suffered.
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"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 Terms of Use
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
The cap means that regardless of the scale of harm a user suffers, the maximum financial recovery from Substack is bounded by a floor of $100 or recent fees paid, which for many free-tier users effectively limits recovery to $100.
Users are permitted to seek damages from Substack only up to the greater of $100 or fees paid or payable in the preceding twelve months, regardless of the actual harm suffered.
ConductAtlas has identified this type of provision across 292 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Substack.