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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The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims.
If, after exhaustion of all appeals, any of these prohibitions...are found to be unenforceable with respect to a particular claim or request for relief...then such a claim or request for relief will be decided by a court of competent jurisdiction...
The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
"you and Substack shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.Excerpt from Substack's Terms of Use
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
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The clause states: “you and Substack shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.”
ConductAtlas has identified this type of provision across 197 platforms. See the full comparison.
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