The agreement requires that all disputes related to these Terms be resolved through individual binding arbitration administered by JAMS in San Francisco County, California, conducted by a single commercial arbitrator. Users and Substack each waive the right to participate in class action proceedings.
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 requires disputes to proceed through individual arbitration rather than court litigation, and establishes JAMS Streamlined Arbitration Rules as the governing procedure with venue fixed in San Francisco County. Under this clause, users waive participation in class or collective actions, meaning disputes must be pursued individually through the arbitration process.
Interpretive note: Enforceability of the class action waiver and mandatory arbitration clause may vary by jurisdiction, particularly for EU consumers and in certain US state courts applying unconscionability doctrine.
Removal of procedural language regarding arbitrator selection from 'appropriate list of JAMS arbitrators' truncates the provision but maintains core arbitration requirement.
View full change record →Under this clause, disputes between users and Substack must be submitted to individual arbitration in San Francisco, California, and users agree not to bring or participate in class action claims. The agreement requires disputes to follow JAMS Streamlined Arbitration Rules, which involves fees and procedures distinct from court litigation.
How other platforms handle this
You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
You and Stripe agree to resolve any disputes, controversies, or claims arising out of or relating to this agreement or the Services through binding individual arbitration instead of in court, except that either party may bring claims in small claims court if they qualify. There will be no right or a...
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"Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.— Excerpt from Substack's Substack Terms of Use
1) REGULATORY LANDSCAPE: Mandatory arbitration clauses in consumer contracts are subject to scrutiny under the FTC Act and applicable state consumer protection laws. In California, consumer arbitration clauses must comply with the California Arbitration Act and California Civil Code provisions on unconscionability. The CFPB has examined mandatory arbitration in consumer financial products, though its applicability here depends on whether Substack's payment processing activities fall within its jurisdiction. The EU's Unfair Terms Directive renders mandatory arbitration clauses in consumer contracts potentially unenforceable for EU users. 2) GOVERNANCE EXPOSURE: Medium. Individual arbitration requirements and class action waivers are common in US-based platform terms but face ongoing regulatory and judicial scrutiny regarding consumer enforceability. The venue requirement of San Francisco County may create practical barriers for users located outside California. For non-US users, enforceability depends significantly on local mandatory consumer protection law. 3) JURISDICTION FLAGS: EU and EEA users may not be bound by mandatory arbitration under the EU Unfair Terms Directive, as consumer arbitration waivers are generally not enforceable against EU consumers under applicable law. California courts have in some circumstances declined to enforce class action waivers where they effectively prevent consumers from vindicating statutory rights, though US Supreme Court precedent has generally upheld such clauses in consumer contracts. UK users post-Brexit may face similar unenforceability arguments under UK consumer protection regulations. 4) CONTRACT AND VENDOR IMPLICATIONS: Organizations using Substack under a business account should evaluate whether the arbitration clause applies to organizational disputes or whether a separate commercial agreement governs. The clause does not specify cost-shifting mechanisms or fee provisions within these Terms, which may be addressed by the incorporated JAMS rules. B2B contract review should assess whether the arbitration venue requirement conflicts with applicable commercial dispute resolution preferences. 5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the mandatory arbitration clause is enforceable in the jurisdictions where users are located, particularly for EU, UK, and potentially state-level consumer protection purposes. Organizations deploying Substack for consumer-facing purposes should note that disputes involving their subscribers remain between those subscribers and the Creator, with Substack explicitly disclaiming involvement, but platform-level disputes are routed to arbitration.
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This provision requires disputes to proceed through individual arbitration rather than court litigation, and establishes JAMS Streamlined Arbitration Rules as the governing procedure with venue fixed in San Francisco County. Under this clause, users waive participation in class or collective actions, meaning disputes must be pursued individually through the arbitration process.
Under this clause, disputes between users and Substack must be submitted to individual arbitration in San Francisco, California, and users agree not to bring or participate in class action claims. The agreement requires disputes to follow JAMS Streamlined Arbitration Rules, which involves fees and procedures distinct from court litigation.
ConductAtlas has identified this type of provision across 131 platforms. See the full comparison.
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