Provision record
Substack · Substack Terms of Use · View original document ↗

User Indemnification Obligation

Medium severity Medium confidence Explicit document language Common · 228 of 352 platforms
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Document Record

What it is

The agreement requires users to indemnify Substack, its affiliates, officers, agents, employees, and partners against all claims, damages, and expenses including attorneys' fees arising from the user's platform use or terms violations, including actions taken by third parties using the user's account.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes a broad indemnification obligation covering actual and consequential damages as well as attorneys' fees, extending to claims arising from third-party use of the user's account. Under this clause, users bear financial responsibility for defending Substack against third-party claims connected to their account activity even where the specific action was taken by another person using their credentials.

Interpretive note: Enforceability of the indemnification obligation, particularly the consequential damages and attorneys' fees elements and the third-party account use scope, may vary by jurisdiction under applicable consumer contract and unconscionability law.

Clause Stability Stable

0
Changes
4
Months Monitored
May 8, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 936 other provisions on other platforms.

Consumer impact (what this means for users)

This provision establishes that users are financially responsible for indemnifying Substack against third-party claims arising from their account use or terms violations, including situations where a third party accessed and used the account. The obligation covers actual and consequential damages plus attorneys' fees, and applies to the fullest extent permitted by applicable law.

How other platforms handle this

Tabnine Medium

Any claim that any user submission made by you has caused damage to a third party

Instacart Medium

Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable or that operate on your behalf...

Walmart Medium

you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
To the fullest extent allowed by applicable law, you agree to indemnify and hold Substack, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of Substack (including any actions taken by a third party using your account), and (b) your violation of these Terms.

Excerpt from Substack's Terms of Use

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1) REGULATORY LANDSCAPE: User indemnification clauses in consumer contracts are subject to review under applicable state consumer protection laws, including California's Consumers Legal Remedies Act and unfair business practices statutes.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Substack Terms of Use
Entity
Substack
Document last updated
May 5, 2026
Tracking information
First tracked
May 21, 2026
Last verified
May 21, 2026
Record ID
CA-P-005968
Document ID
CA-D-00177
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
d2d135642274ee5eac38277ac41a146ef9980ab32b5eaa9fe939658be5f65972
Analysis generated
May 21, 2026 01:31 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Substack
Document: Substack Terms of Use
Record ID: CA-P-005968
Captured: 2026-05-21 01:31:22 UTC
SHA-256: d2d135642274ee5e…
URL: https://conductatlas.com/platform/substack/substack-terms-of-use/provision/CA-P-005968/user-indemnification-obligation/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Substack's User Indemnification Obligation clause do?

This provision establishes a broad indemnification obligation covering actual and consequential damages as well as attorneys' fees, extending to claims arising from third-party use of the user's account. Under this clause, users bear financial responsibility for defending Substack against third-party claims connected to their account activity even where the specific action was taken by another person using their credentials.

How does this clause affect you?

This provision establishes that users are financially responsible for indemnifying Substack against third-party claims arising from their account use or terms violations, including situations where a third party accessed and used the account. The obligation covers actual and consequential damages plus attorneys' fees, and applies to the fullest extent permitted by applicable law.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.

Is ConductAtlas affiliated with Substack?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Substack.