User Friendliness
6
/ 10
Fair
Key Concerns
5
Broad, perpetual, and irrevocable license granted for user content.
Company can terminate accounts for 'any reason' with no guaranteed notice.
Limitation of liability is very low ($100 or 12-month payments).
Public posts may remain available indefinitely even after account deletion.
Mandatory binding arbitration and class action waiver for dispute resolution.
Policy Analysis
Word Count
4,254
Sections Found
10
Plain Language Summary

Substack's Terms of Use govern the use of its publishing platform for both content creators and readers. Users retain ownership of their content but grant Substack a broad, perpetual, and irrevocable license to use it for operating and improving the service. The terms include a minimum age of 16, strict acceptable use policies, and a significant limitation of liability for Substack, while mandating binding arbitration for dispute resolution.

Notable Clauses
Content Ownership & License

Users retain ownership but grant Substack a royalty-free, perpetual, irrevocable, and worldwide license to use their content for service operation and improvement, and to other users for public posts.

Unfavorable
Termination by Company

Substack can terminate accounts for 'any reason' at its discretion, with only an attempt to provide advance notice, which may not always be possible or practical.

Unfavorable
Limitation of Liability

Substack's liability is severely limited to the greater of $100 or the amounts paid by the user in the preceding twelve months.

Unfavorable
Dispute Resolution

All disputes are subject to binding arbitration in San Francisco, California, and include a class action waiver, restricting users' ability to pursue collective legal action.

Unfavorable
Billing & Subscriptions
Auto-Renewal

The document mentions 'subscription fee' but does not explicitly state whether subscriptions auto-renew.

not_found
Free Trial Auto-Converts

The document does not mention free trials or their conversion to paid subscriptions.

not_found
Cancellation Method

If you'd like to delete your account, you can do so from your [account page](https://substack.com/account/settings).

in_app_self_service
Cancellation Effective

The document states 'When you delete your account, any Posts associated with that account will also be deleted' but does not specify when subscription cancellations take effect.

not_specified
Cancellation Notice (days)

No mention of a notice period for account deletion or subscription cancellation.

Unknown
Billing Cycle

A Creator may offer their publications for free or for a subscription fee, to be determined in the Creator’s discretion. Readers may choose to subscribe to Creator publications on Substack and agree to incur any applicable subscription fees.

not_specified
Price Change Notice (days)

Creators will set prices for their publications, and may change the prices at their sole discretion through their Creator account, though no price changes shall apply retroactively.

Unknown
Refund Policy
Refund Available

In the event that a Reader has a dispute with a Creator, you agree, as either/both a Reader and a Creator, that Substack is under no obligation to become involved other than to direct any inquiries regarding a Creator’s publication to the appropriate Creator pursuant to the Publisher Agreement.

no
Refund Window (days)

Since Substack states it is under no obligation to become involved in disputes, no refund window is specified by Substack.

Unknown
Prorated Refunds

Substack is under no obligation to become involved in disputes between Readers and Creators, implying it does not offer prorated refunds.

no
Renewal Refunds

Substack is under no obligation to become involved in disputes between Readers and Creators, implying it does not offer refunds for renewals.

no
Dispute Resolution
Arbitration Required

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California

yes
Arbitration Provider

in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect

Judicial Arbitration and Mediation Services, Inc. (JAMS)
Arbitration Opt-Out

null

no
Class Action Waiver

To the fullest extent permitted by law, you and Substack Inc agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding.

yes
Governing Law

These Terms are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

California
Jurisdiction

For all purposes of these Terms, you consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.

San Francisco County, California or the Northern District of California
Small Claims Exception

null

no
Liability & Indemnification
Liability Cap

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.

greater_of
Warranty Disclaimer

Substack is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Subst

full_as_is
Service "As Is"

Substack is provided to you on an “as-is” basis.

yes
User Indemnifies Company

To the fullest extent allowed by applicable law, 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 (including attorneys’ fees) arisin

yes
Force Majeure

null

no