The agreement designates California state law and applicable federal law as the governing law for all disputes arising under the Terms, without applying conflict-of-laws principles that might otherwise direct courts to apply another jurisdiction's law.
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
This provision establishes California law as the legal framework for interpreting and enforcing the Terms, which affects which statutory consumer protections and common law doctrines apply to disputes. The exclusion of conflict-of-laws provisions means users outside California cannot invoke their local jurisdiction's law for disputes governed by this agreement, though mandatory local consumer protection law may still apply in practice in some jurisdictions.
Interpretive note: Enforceability of the California choice-of-law provision against non-California users, particularly EU consumers, depends on applicable mandatory consumer protection law in the user's home jurisdiction.
Addition of explicit governing law provision anchors dispute resolution to California law and federal law without conflict of law considerations.
View full change record →Under this clause, all disputes under the Terms are interpreted and governed by California law and applicable federal law, regardless of where the user is located. The agreement's exclusion of conflict-of-laws analysis means California law applies as the default contractual framework, though mandatory consumer protection law in a user's home jurisdiction may still apply in practice depending on local law.
How other platforms handle this
Both parties agree that this choice of law agreement is enforceable and waives the right to have a court conduct a conflict of law analysis.
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions
"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
1) REGULATORY LANDSCAPE: Choice of law provisions in consumer contracts are subject to challenge where the selected law would deprive consumers of mandatory protections available under their home jurisdiction's law.
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This provision establishes California law as the legal framework for interpreting and enforcing the Terms, which affects which statutory consumer protections and common law doctrines apply to disputes. The exclusion of conflict-of-laws provisions means users outside California cannot invoke their local jurisdiction's law for disputes governed by this agreement, though mandatory local consumer protection law may still apply in practice …
Under this clause, all disputes under the Terms are interpreted and governed by California law and applicable federal law, regardless of where the user is located. The agreement's exclusion of conflict-of-laws analysis means California law applies as the default contractual framework, though mandatory consumer protection law in a user's home jurisdiction may still apply in practice depending on local law.
ConductAtlas has identified this type of provision across 266 platforms. See the full comparison.
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