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 updated terms establish new content moderation procedures, including use of automated detection tools (hash-matching for CSAM, keyword filtering, direct message scanning) followed by human review before enforcement action, except where immediate action is necessary to prevent serious harm. Substack will notify users when content is removed or accounts are suspended for policy or safety reasons, unless notification would compromise an investigation or risk harm. Users may appeal content removal or account restrictions by contacting tos@substackinc.com, with Substack committing to respond within 3 business days. Beginning December 1, 2026, local VAT, GST, sales, or use tax will be added to Paid Subscription purchase prices, collected by Substack and remitted to applicable taxing authorities where its service provider is able to do so. You can report content violations using the report tool on each post or profile page, and appeal content moderation decisions by contacting the support email address.
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California law will govern these Terms except for its conflicts of laws principles.
the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this arbitration provision; the arbitrator shall apply California law to all other matters.
These Terms and Conditions are governed by the laws of Delaware.
"These Terms are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof.Excerpt from Substack's Terms of Use
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The clause states: “These Terms are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof.”
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