Substack's maximum financial liability to you for any claim is capped at $100 or whatever you paid Substack in the past 12 months, whichever is greater, and Substack is not liable for any indirect or consequential damages at all.
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
If Substack's actions cause you significant financial harm, such as losing a monetized creator account, this clause limits what you could potentially recover in any successful claim to a very modest amount.
Interpretive note: The practical scope of 'amounts paid and/or payable by you to us' is ambiguous for creators who pay Substack a revenue share rather than a fixed fee; the effective cap for most creators may be very low but depends on transaction volume and fee structure interpretation.
Removal of specific liability cap language naming 'Limitation of Liability Cap' suggests potential restructuring, though similar language appears under renamed 'Limitation of Liability' provision.
View full change record →This clause means that even if a creator suffers substantial lost revenue due to an unexpected account termination or platform outage, the most they could recover from Substack is $100 or the fees they paid Substack directly in the past year. Consequential damages, such as lost subscriber revenue paid by readers directly to creators, are excluded entirely from potential recovery.
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"To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Substack, its licensors, or its suppliers be liable to you or to any other person for: Any indirect, special, incidental, or consequential damages of any kind, or Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with Substack in the twelve-month period preceding the applicable claim.Excerpt from Substack's Terms of Use
REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts may be subject to scrutiny under the FTC Act's unfair or deceptive practices provisions and under state consumer protection statutes.
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If Substack's actions cause you significant financial harm, such as losing a monetized creator account, this clause limits what you could potentially recover in any successful claim to a very modest amount.
This clause means that even if a creator suffers substantial lost revenue due to an unexpected account termination or platform outage, the most they could recover from Substack is $100 or the fees they paid Substack directly in the past year. Consequential damages, such as lost subscriber revenue paid by readers directly to creators, are excluded entirely from potential recovery.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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