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.
New provision clarifies that financial obligations, indemnification, liability limitations, IP rights, and dispute resolution survive account termination, extending Substack's legal protections beyond active user relationship.
View full change record →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
Use another user's account or share your account with another person;
Keep usernames and passwords secure and confidential, and protect them from misuse or being stolen.
Set up multiple accounts for any person or entity in order to send similar content, unless you're part of a franchise or agency.
"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 Terms of Use
1) REGULATORY LANDSCAPE: Post-termination survival clauses are standard in commercial agreements and are generally enforceable under contract law.
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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.
ConductAtlas has identified this type of provision across 265 platforms. See the full comparison.
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