Substack · Substack Terms of Use · View original document ↗

Cap on Indirect and Consequential Damages

High severity High confidence Explicitdocumentlanguage Common · 289 of 352 platforms
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Recent governance activity Substack recorded 4 documented changes in the last 30 days.
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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)

By excluding consequential and indirect damages, the clause eliminates the categories of loss that are typically the largest in practice—such as lost profits, lost data, or downstream harm—leaving users without recourse for those losses.

Interpretive note: The excerpt states the starting point of the liability exclusion list but may be part of a longer enumeration; the canonical claim captures the categories explicitly named in the provided excerpt only.

Consumer impact (what this means for users)

Users cannot recover indirect, special, incidental, or consequential damages from Substack, its licensors, or its suppliers, regardless of the legal theory under which a claim is brought.

How other platforms handle this

Tinder Medium

TINDER ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, AND/OR ACTS ON THROUGH OUR SERVICES, NOR DOES TINDER ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS...

Perplexity AI Medium

we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free.

Skillshare Medium

Please note that these third parties are responsible for their own privacy practices.

See all platforms with this clause type →

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▸ View Original Clause Language DOCUMENT RECORD
"
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...

— Excerpt from Substack's Substack Terms of Use

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-029331
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-029331
Captured: 2026-05-21 01:31:22 UTC
SHA-256: d2d135642274ee5e…
URL: https://conductatlas.com/platform/substack/substack-terms-of-use/provision/CA-P-029331/cap-on-indirect-and-consequential-damages/
Accessed: July 12, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Substack's Cap on Indirect and Consequential Damages clause do?

By excluding consequential and indirect damages, the clause eliminates the categories of loss that are typically the largest in practice—such as lost profits, lost data, or downstream harm—leaving users without recourse for those losses.

How does this clause affect you?

Users cannot recover indirect, special, incidental, or consequential damages from Substack, its licensors, or its suppliers, regardless of the legal theory under which a claim is brought.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 289 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.