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 indemnification obligation requires users to bear the financial cost of defending and satisfying claims brought against Substack and its associated parties, including consequential damages—the same category excluded from Substack's own liability to users.
Interpretive note: The excerpt appears to be a partial quotation and likely contains conditions or triggers for the indemnification obligation (such as 'arising out of' specific user conduct) that are not present in the provided text. The canonical claim is limited strictly to what the excerpt states. The omitted triggering conditions are noted here.
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 required to cover any and all claims, liabilities, actual and consequential damages, losses, and expenses incurred by Substack, its affiliates, officers, agents, employees, and partners.
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In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
A party's obligations to defend a Claim Against Customer or a Claim Against Smartsheet...are conditioned on the other party: (a) providing timely written notice of the Claim to the defending party
If required by applicable law, Section 10 (Indemnification) of the Terms does not apply if you are not responsible (with at least slight negligence) for the indemnified event, breach or damage.
"you agree to indemnify and hold Substack, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses...Excerpt from Substack's Terms of Use
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The indemnification obligation requires users to bear the financial cost of defending and satisfying claims brought against Substack and its associated parties, including consequential damages—the same category excluded from Substack's own liability to users.
Users are required to cover any and all claims, liabilities, actual and consequential damages, losses, and expenses incurred by Substack, its affiliates, officers, agents, employees, and partners.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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