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 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.
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These Terms contain the entire agreement between you and OpenAI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and OpenAI.
If any provisions from this Policy are in conflict with any applicable laws, such provisions will be replaced by provisions of the same purport that reflects the original intention of the provision, to the extent permissible under the applicable laws.
"If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force...Excerpt from Substack's Terms of Use
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The clause states: “If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force...”
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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