The agreement specifies that payment obligations, indemnification obligations, liability limitations, intellectual property terms, and dispute resolution terms remain in effect after account termination. The list includes an open-ended category of terms that 'by their nature' should survive.
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
This provision establishes that the financial, indemnification, and intellectual property obligations in the agreement continue to bind users after they close their accounts, including the perpetual content license and mandatory arbitration clause. The open-ended survival category allows Substack to assert that additional unstated provisions survive based on their nature.
Interpretive note: The open-ended survival category referencing terms that 'by their nature' should survive is subject to interpretive ambiguity regarding which specific provisions are included beyond those explicitly listed.
Under this clause, the obligations to pay, indemnify, and comply with intellectual property and dispute resolution terms continue after account closure. The open-ended nature of the survival category means users remain bound by provisions beyond those explicitly listed, to the extent a court or arbitrator determines those provisions should survive by their nature.
How other platforms handle this
Consensys reserves the right to change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of the Service or any feature, without notice and without liability.
We may update these terms and conditions at any time by giving you 30 days' notice. If you do not agree to the changes, you can close your account before the changes take effect. If you do not close your account, we will take this to mean that you accept the changes.
Twilio reserves the right to modify the terms of this Agreement at any time. Twilio will provide at least 30 days' notice of changes that materially alter your rights or obligations. Your continued use of the Services after any modification constitutes your acceptance of the updated Agreement.
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"You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.— Excerpt from Substack's Substack Terms of Use
1) REGULATORY LANDSCAPE: Post-termination survival clauses are standard in commercial agreements and are generally enforceable under contract law. The open-ended survival category may face scrutiny if asserted to extend obligations beyond what a reasonable consumer would anticipate. The FTC Act's unfair practices prohibition is broadly relevant to the extent survival obligations are asserted in a manner inconsistent with consumer expectations. 2) GOVERNANCE EXPOSURE: Low. Survival provisions for indemnification, liability limitation, intellectual property, and dispute resolution are standard and expected in platform agreements. The open-ended category creates interpretive uncertainty but is common in commercial contract drafting. 3) JURISDICTION FLAGS: EU consumer protection law may limit the enforceability of post-termination obligations that consumers did not have a reasonable opportunity to understand and accept. California courts apply standard contract interpretation principles to survival clauses. 4) CONTRACT AND VENDOR IMPLICATIONS: Organizations that terminate their Substack accounts should note that indemnification exposure and arbitration obligations persist post-termination. The survival of the perpetual content license is consistent with the license being irrevocable as stated elsewhere in the agreement. 5) COMPLIANCE CONSIDERATIONS: Legal teams conducting offboarding from the platform should assess which surviving obligations remain relevant after termination, particularly arbitration requirements for any post-termination disputes and the scope of surviving indemnification exposure.
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This provision establishes that the financial, indemnification, and intellectual property obligations in the agreement continue to bind users after they close their accounts, including the perpetual content license and mandatory arbitration clause. The open-ended survival category allows Substack to assert that additional unstated provisions survive based on their nature.
Under this clause, the obligations to pay, indemnify, and comply with intellectual property and dispute resolution terms continue after account closure. The open-ended nature of the survival category means users remain bound by provisions beyond those explicitly listed, to the extent a court or arbitrator determines those provisions should survive by their nature.
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