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
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.
The updated terms establish new content moderation procedures, including use of automated detection tools (hash-matching for CSAM, keyword filtering, direct message scanning) followed by human review before enforcement action, except where immediate action is necessary to prevent serious harm. Substack will notify users when content is removed or accounts are suspended for policy or safety reasons, unless notification would compromise an investigation or risk harm. Users may appeal content removal or account restrictions by contacting tos@substackinc.com, with Substack committing to respond within 3 business days. Beginning December 1, 2026, local VAT, GST, sales, or use tax will be added to Paid Subscription purchase prices, collected by Substack and remitted to applicable taxing authorities where its service provider is able to do so. You can report content violations using the report tool on each post or profile page, and appeal content moderation decisions by contacting the support email address.
View change record →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.
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"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 Terms of Use
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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.
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.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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