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.
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 Substack 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 289 platforms. See the full comparison.
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