The agreement caps Substack's total aggregate liability to any user at the greater of $100 or the amounts the user paid to Substack in the preceding twelve months, and excludes indirect, special, incidental, or consequential damages entirely. This cap applies to the fullest extent permitted by applicable 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 a specific monetary ceiling on Substack's liability exposure per claim, which for free-tier users would be capped at $100. The exclusion of consequential and indirect damages limits the categories of loss users may recover in any dispute proceeding, including through the arbitration process established elsewhere in the agreement.
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 provision establishes that Substack's maximum liability for any claim is the greater of $100 or amounts paid in the prior twelve months, meaning free users have a $100 ceiling on potential recovery. The agreement also excludes indirect, special, incidental, and consequential damages from any recovery, limiting the types of loss that can be claimed against the platform.
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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
1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts are subject to review under applicable state consumer protection laws, including California's Consumers Legal Remedies Act, which may restrict the enforceability of liability caps in …
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This provision establishes a specific monetary ceiling on Substack's liability exposure per claim, which for free-tier users would be capped at $100. The exclusion of consequential and indirect damages limits the categories of loss users may recover in any dispute proceeding, including through the arbitration process established elsewhere in the agreement.
This provision establishes that Substack's maximum liability for any claim is the greater of $100 or amounts paid in the prior twelve months, meaning free users have a $100 ceiling on potential recovery. The agreement also excludes indirect, special, incidental, and consequential damages from any recovery, limiting the types of loss that can be claimed against the platform.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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