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
The cap means that regardless of the scale of harm a user suffers, the maximum financial recovery from Substack is bounded by a floor of $100 or recent fees paid, which for many free-tier users effectively limits recovery to $100.
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 are permitted to seek damages from Substack only up to the greater of $100 or fees paid or payable in the preceding twelve months, regardless of the actual harm suffered.
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we will not be liable or responsible for any loss or damage of any sort incurred as the result of any correspondence or dealing solely between you any third party.
"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
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The cap means that regardless of the scale of harm a user suffers, the maximum financial recovery from Substack is bounded by a floor of $100 or recent fees paid, which for many free-tier users effectively limits recovery to $100.
Users are permitted to seek damages from Substack only up to the greater of $100 or fees paid or payable in the preceding twelve months, regardless of the actual harm suffered.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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