Terms of Use
Substack's Terms of Use were reorganized into more readable sections and updated with several new provisions: a new tax-collection clause for subscriptions starting December 2026, a new section governing subscriptions that count as political contributions (with mandatory public disclosure of personal info), new disclosures about AI features and a third-party chatbot vendor, a new content-moderation/appeals process, expanded liability waivers covering AI-generated content and AI moderation decisions, and a change letting Substack unilaterally end third-party beneficiary rights it just created for Creator-term compliance. No new arbitration or class-action waiver language was added — that clause already existed and was only reformatted.
Substack can cancel third-party rights it just created
The new Creator-terms section gives Readers a right to enforce Creators' compliance with Substack's Terms, but a separate clause lets Substack take that right away at any time without your consent.
“Substack reserves the right to amend, modify, or terminate these Terms (including any third-party beneficiary rights granted herein) at any time without the consent of any third-party beneficiary.”
UNILATERAL CHANGES
Substack isn't responsible for AI-detection mistakes
If Substack's automated tools wrongly flag, label, or remove your content (or fail to catch something harmful), Substack says it isn't responsible for the accuracy of that automated decision, limited only by its general liability cap.
“Automated content detection tools, including AI-detection features, are provided on an "as is" basis. Substack makes no representation or warranty as to the accuracy, completeness, or reliability of any automated detection result or label.”
LIABILITY LIMITS
No guarantee about accuracy of AI-generated content
Substack now explicitly disclaims any responsibility for the accuracy, legality, or decency of content generated by AI on the platform, in addition to user-posted content.
“Make any representations or warranties about any content contained in, accessed through, or generated by AI on Substack”
LIABILITY LIMITS
New tax added to subscription price starting December 2026
Starting December 1, 2026, you may be charged sales tax, VAT, or GST on top of your subscription price, which Substack will collect and pass on to tax authorities. This can raise what you actually pay.
“Beginning December 1, 2026, local VAT, GST, sales or use tax may be added to the purchase price for Paid Subscriptions on Substack.”
What you can do — Expect subscription charges to increase slightly after December 1, 2026, depending on your location's tax rules.
BILLING & RENEWAL
Political subscription payments can expose your personal info in public records
If you pay for a subscription that counts as a political contribution, you must give your name, address, occupation, and employer, and campaign finance law may require the Creator to publish that information in public disclosure reports.
“Campaign finance law may require a Political Creator to disclose your first and last name, mailing address, occupation, name of employer, and date(s) and amount(s) of your political contribution(s) to the Political Creator on publicly available campaign finance disclosure reports.”
What you can do — Before subscribing to a political candidate's or committee's publication, be aware your personal details may become part of a public campaign finance record.
DATA SHARING
New eligibility and payment rules for political subscriptions
Subscribing to a political creator is treated as a campaign contribution, so you must certify you're a U.S. citizen or permanent resident, 18+, not a federal contractor, and that you're paying with your own personal funds — not a business card or funds from someone else.
“Reader is a natural person who is at least 18 years of age and a U.S. citizen or lawful permanent resident residing in the U.S.”
What you can do — Only use personal funds and accurate personal information if subscribing to a political candidate's or committee's publication; you are responsible for complying with campaign finance limits.
USER OBLIGATIONS
AI features and chatbot share data with named third-party vendors
Substack's AI tools and support chatbot are run with help from outside companies (including chatbot vendor Decagon.ai and its subprocessors), who may access related data.
“support chats are facilitated by and provided to a third-party service provider, Decagon.ai, together with that vendor's subprocessors and service providers”
DATA SHARING
New ban on use by sanctioned individuals or entities
You're now barred from using Substack on behalf of, or in support of, anyone on a U.S. (or other) sanctions list. This is a standard legal-compliance rule and unlikely to affect most ordinary users.
“a party that is the target of trade and economic sanctions enforced by the government of the United States”
USER OBLIGATIONS
| 13 | 13 | - [Copyright Repeat Infringer Policy](https://substack.com/repeat_infringer) |
| 14 | 14 | |
| 15 | 15 | - [CCPA Policy](https://substack.com/ccpa) |
| 16 | 16 | |
| 17 | 17 | - [Support Chatbot Terms](https://substack.com/chatbot-tos) |
| 18 | 18 | |
| 19 | Effective date: April 21, 2025 | |
| 19 | Last Updated: October 6, 2026 | |
± CHANGEDDocument date and summary of changes added The 'Effective date' label was replaced with 'Last Updated,' and a bullet list summarizing the update's main topics was added at the top. | ||
| 20 | 20 | |
| 21 | Changes in the Latest Update | |
| 22 | ||
| 23 | - Update to indirect tax remittance services | |
| 24 | ||
| 25 | - Additional terms for political contributions | |
| 26 | ||
| 27 | - Clarify dispute resolution procedures | |
| 28 | ||
| 29 | - Clarify content moderation procedures | |
| 30 | ||
| 21 | 31 | **Welcome to Substack!** |
| 22 | 32 | |
| 23 | 33 | These Terms of Use are a binding contract between you and Substack Inc. ("we", "us", "our"). It contains the rules and restrictions that govern your use of Substack's products and services (referred to below simply as "Substack"). If you have any questions, comments, or concerns regarding these Terms or our products and services, please contact us at tos@substackinc.com. |
| 24 | 34 | |
| 25 | Using Substack in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use Substack. These Terms include everything in this document, as well as those in the [Privacy Policy](https://www.substack.com/privacy), [Publisher Agreement](https://substack.com/pa), [Content Guidelines](https://substack.com/content), [Support Chatbot Terms](https://substack.com/chatbot-tos), and [Copyright Dispute Policy](https://substack.com/dispute). If you don't agree to all of the following, you may not use or access Substack in any manner. | |
| 35 | Using Substack in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use Substack. These Terms include everything in this document, as well as those in the [Privacy Notice](https://www.substack.com/privacy), [Publisher Agreement](https://substack.com/pa), [Content Guidelines](https://substack.com/content), and [Copyright Dispute Policy](https://substack.com/dispute). If you don't agree to all of the following, you may not use or access Substack in any manner. | |
± CHANGED"Privacy Policy" renamed to "Privacy Notice" References to the 'Privacy Policy' document were renamed to 'Privacy Notice' throughout. This is just a name change, not a change in what the policy says. | ||
| 26 | 36 | |
| 27 | 37 | You represent and warrant that you are of legal age to form a binding contract. As detailed further below, you may not and must not use Substack if you are under 16 years old. |
| 28 | 38 | |
| 29 | 39 | If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" throughout this document refer to that organization or entity). |
| 30 | 40 | |
| 31 | 41 | **Creating an Account on Substack** |
| 45 | 55 | First and foremost, you own what you create. Any original content you post, upload, share, store, or otherwise provide to Substack remains yours and is protected by copyright and any other applicable intellectual property laws. |
| 46 | 56 | |
| 47 | 57 | That includes publications, subscriber lists, any other text or photos you upload to your subdomain on Substack, and any information that you provide to obtain a Substack username and account. It also includes any comments posted on any current or future discussion board features on Substack. |
| 48 | 58 | |
| 49 | 59 | Anything posted, uploaded, shared, stored, or otherwise provided through Substack is referred to as a "Post" in these Terms. There are a few rules that apply to all Posts: |
| 50 | 60 | |
| 51 | - Don't Infringe: Your Posts should not violate someone else's (including Substack's) rights. Don't copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you unless you have prior consent from the owner of that content. | |
| 61 | - **Don't Infringe | |
| 62 | **Your Posts should not violate someone else's (including Substack's) rights. Don't copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you unless you have prior consent from the owner of that content. | |
| 52 | 63 | |
| 53 | - Limited License to Us: In order to display your Posts on Substack, and to allow other users to enjoy them, you grant us certain rights in your Posts: | |
| 64 | - **Limited License to Us** | |
| 65 | In order to display your Posts on Substack, and to allow other users to enjoy them, you grant us certain rights in your Posts: | |
| 54 | 66 | |
| 55 | - Operating Substack: You hereby grant Substack a license to translate, modify, reproduce, and otherwise act with respect to your Posts to enable us to provide, improve, and notify you about new features within Substack. You understand and agree that we may need to make changes to your Posts to conform and adapt those Posts to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so. For example, we may need to modify your publication to make sure it is viewable on an iPhone as well as a computer. | |
| 67 | - **Operating Substack** | |
| 68 | You hereby grant Substack a license to translate, modify, reproduce, and otherwise act with respect to your Posts to enable us to provide, improve, and notify you about new features within Substack. You understand and agree that we may need to make changes to your Posts to conform and adapt those Posts to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so. For example, we may need to modify your publication to make sure it is viewable on an iPhone as well as a computer. | |
| 56 | 69 | |
| 57 | - Public Posts: If you share a Post with other users on Substack, then you grant us the license above, as well as a license to display, perform, and distribute your Post. Also, you grant all other users of Substack a license to access the Post, and to use and exercise all rights in it, as permitted by the functionality of Substack. | |
| 70 | - **Public Posts** | |
| 71 | If you share a Post with other users on Substack, then you grant us the license above, as well as a license to display, perform, and distribute your Post. Also, you grant all other users of Substack a license to access the Post, and to use and exercise all rights in it, as permitted by the functionality of Substack. | |
| 58 | 72 | |
| 59 | - Term of License: You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. This is a license only - your ownership in Posts is not affected. | |
| 73 | - **Term of License** | |
| 74 | You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. This is a license only - your ownership in Posts is not affected. | |
| 60 | 75 | |
| 61 | 76 | We reserve the right to remove any content from Substack at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice. |
| 62 | 77 | |
| 63 | 78 | **Intellectual Property and Reporting Infringement** |
| 64 | 79 | |
| 65 | 80 | We respect others' intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on Substack. |
| 87 | 102 | - "Crawls," "scrapes," or "spiders" any page, data, or portion of Substack (through use of manual or automated means); |
| 88 | 103 | |
| 89 | 104 | - Copies or stores any significant portion of the content on Substack; |
| 90 | 105 | |
| 91 | 106 | - Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to Substack. |
| 92 | 107 | |
| 108 | - Includes communications or other activity for, by, on behalf of, at the direction of, or which provides material support to a party that is the target of trade and economic sanctions enforced by the government of the United States, including persons enumerated on the List of Specially Designated Nationals, another applicable list maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control, or of another applicable sanctions list of a country in which Substack operates or does business. | |
+ ADDEDNew rule banning use by sanctioned parties A new rule bars using Substack on behalf of, or to support, anyone targeted by U.S. (or other applicable) trade sanctions. | ||
| 109 | ||
| 110 | **Content Moderation** | |
| 111 | ||
| 112 | We use a combination of automated tools and human review to detect and act on content that may violate these Terms, our [Content Guidelines](https://substack.com/content), or applicable law. Automated tools we currently use include: hash-matching technology to detect child sexual abuse material (CSAM) and other known illegal imagery; keyword and URL filtering to identify potentially illegal content; and automated scanning of direct messages for spam, malicious content, and child abuse material. Where automated tools flag content, a human reviewer will assess the content before any enforcement action is taken, except where immediate action is necessary to prevent serious harm or where applicable law requires otherwise. | |
+ ADDEDNew Content Moderation section added A new section explains that Substack uses automated tools plus human review to catch rule-breaking content, that it will generally tell you if it removes your content or suspends your account and why, and that you can appeal within 3 business days. It also limits Substack's responsibility for mistakes made by its AI-detection tools. | ||
| 113 | ||
| 114 | If we determine that content violates our policies or applicable law, we may remove it, restrict its visibility, suspend or terminate the account responsible, or take other proportionate action. Where we restrict or remove your content or suspend your account for policy or safety reasons, we will notify you of the action taken and the reason for it, unless doing so would compromise an investigation, risk harm to another person, or is otherwise prohibited by law. | |
| 115 | ||
| 116 | If you believe we have incorrectly removed your content or restricted your account, you may appeal by contacting us at tos@substackinc.com. We will review your appeal and respond within 3 business days. This internal appeal process does not affect any rights you may have to seek independent redress, including through your national regulators. | |
| 117 | ||
| 118 | You can report content you believe violates these Terms or our [Content Guidelines](https://substack.com/content) using the report tool on each post or profile page. Reports must be made in good faith. We may decline to act on reports that are frivolous or manifestly unfounded. Repeated misuse of the reporting tool may result in restrictions on your account. | |
| 119 | ||
| 120 | To the maximum extent permitted by applicable law, Substack's liability in connection with any content moderation decision, including the application or removal of any AI-detection label, is limited to the fullest extent permitted under the limitation of liability provisions of these Terms. | |
| 121 | ||
| 93 | 122 | **Other Users and Third-Parties** |
| 94 | 123 | |
| 95 | - Posts: Posts posted to Substack - including Creator publications - are the sole responsibility of the person or organization from whom such content originated. You access all such content at your own risk. We aren't liable for any errors or omissions in any Post and you hereby release us from any damages or loss you might suffer in connection with a Post. | |
| 124 | Using Substack will mean engaging with people and organizations other than Substack Inc., as well as content provided by third-party sources who are not affiliated with Substack Inc. The following terms outline your responsibility for interactions with these third parties. | |
| 96 | 125 | |
| 97 | - Other Users on Substack: Your interactions with organizations and individuals found on or through Substack, including payment for Creator publications, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that Substack shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We can't guarantee the identity of any users with access to Substack and are not responsible for which users gain access to our products and services. | |
| 126 | - **Posts | |
| 127 | **Posts posted to Substack - including Creator publications - are the sole responsibility of the person or organization from whom such content originated. You access all such content at your own risk. We aren't liable for any errors or omissions in any Post and you hereby release us from any damages or loss you might suffer in connection with a Post. | |
| 98 | 128 | |
| 99 | - Third-Party Content: Substack may contain links or connections to third party websites or services that are not owned or controlled by us. Substack has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service. | |
| 129 | - **Other Users on Substack | |
| 130 | **Your interactions with organizations and individuals found on or through Substack, including payment for Creator publications, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that Substack shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We can't guarantee the identity of any users with access to Substack and are not responsible for which users gain access to our products and services. | |
| 100 | 131 | |
| 101 | In the event that you have a dispute with one or more other users of Substack or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Substack. | |
| 132 | - **Third-Party Content | |
| 133 | **Substack may contain links or connections to third party websites or services that are not owned or controlled by us. Substack has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service. | |
| 102 | 134 | |
| 135 | **Creator Terms and Policies** | |
| 136 | ||
| 137 | Because Creators on Substack control their own publications, Creators may post their own terms and policies, including privacy policies that disclose those Creators' own privacy practices. If you, as a Creator, post your own terms and policies, you shall ensure that such terms and policies do not conflict with these Terms and, further, that such terms and policies provide that these Terms prevail in the event of any conflict. Readers subject to your Creator terms and policies are intended third-party beneficiaries of this obligation. When you agree to a third-party Creator's terms, you understand that any such agreement is directly between you and the issuing Creator, and that Substack is not a party to any such terms. You agree that Substack shall not be a party to any Creator terms and policies unless we provide written agreement to the contrary, and that Creator terms and policies do not amend these Terms. | |
+ ADDEDNew rules for Creators' own terms and policies A new section says Creators may post their own terms/policies for readers, but those terms can't conflict with Substack's Terms, and Substack isn't a party to them. Readers are given the right to enforce this against Creators. | ||
| 138 | ||
| 103 | 139 | **Limitation of Liability** |
| 104 | 140 | |
| 105 | 141 | **To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Substack, its licensors, or its suppliers be liable to you or to any other person for:** |
| 106 | 142 | |
| 107 | 143 | - **Any indirect, special, incidental, or consequential damages of any kind, or** |
| 108 | 144 | |
| 109 | 145 | - **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.** |
| 110 | 146 | |
| 111 | 147 | **No Warranties** |
| 112 | 148 | |
| 113 | 149 | **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 Substack will be uninterrupted or error-free. Accordingly, we do not:** |
| 114 | 150 | |
| 115 | - **Make any representations or warranties about any content contained in or accessed through Substack, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services.** | |
| 151 | - **Make any representations or warranties about any content contained in, accessed through, or generated by AI on Substack, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services.** | |
| 116 | 152 | |
| 117 | 153 | - **Make any representations or warranties regarding suggestions or recommendations of products or services (including Creator publications) offered or purchased through Substack. Products and services purchased or offered through Substack, including publications, are provided "as-is" and without any warranty of any kind from Substack.** |
| 118 | 154 | |
| 155 | - **Automated content detection tools, including AI-detection features, are provided on an "as is" basis. Substack makes no representation or warranty as to the accuracy, completeness, or reliability of any automated detection result or label.** | |
± CHANGEDWarranty disclaimer expanded to cover AI content and AI-detection tools Substack now also disclaims responsibility for the accuracy of content generated by AI on the platform, and says its AI-detection/labeling tools are provided 'as-is' with no promise of accuracy. | ||
| 156 | ||
| 119 | 157 | **Paid Subscriptions on Substack** |
| 120 | 158 | |
| 121 | 159 | 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. |
| 122 | 160 | |
| 123 | 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. | |
| 161 | Substack enables Readers to subscribe to, or follow, a Creator's Substack content. Substack does not sell or provide any Creator's content. All Creators are independent content creators and offer their subscriptions directly to Readers. For the avoidance of doubt, Substack is not a party to any agreement or transaction between a Creator and Reader for the subscription purchased by Readers. | |
| 124 | 162 | |
| 125 | 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](https://substack.com/pa). | |
| 163 | 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. Beginning December 1, 2026, local VAT, GST, sales or use tax may be added to the purchase price for Paid Subscriptions on Substack. In such cases, Substack will charge and collect these taxes from the Reader and remit them to the applicable taxing authority, where Substack's third-party service provider is able to do so. | |
+ ADDEDNew tax charge on paid subscriptions starting December 2026 Beginning December 1, 2026, Substack will add applicable VAT, GST, sales, or use tax to the price of paid subscriptions and remit it to tax authorities on your behalf. | ||
| 126 | 164 | |
| 165 | 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](https://substack.com/pa). Although refunds are generally made only at the Creator's discretion, Substack facilitates refunds from Creators consistent with our [Refund Policy](https://support.substack.com/hc/en-us/articles/8915992656660-What-is-Substack-s-refund-policy) as may be updated from time to time. | |
+ ADDEDClarified refund facilitation Substack clarifies that while refunds are generally up to the Creator, Substack will help facilitate refunds per its Refund Policy. | ||
| 166 | ||
| 167 | **Paid Subscriptions as U.S. Political Contributions** | |
| 168 | ||
| 169 | A Creator that is a United States candidate or political committee ("Political Creator") may offer their publications for a subscription fee that is deemed a political contribution to the Political Creator's campaign or political committee under applicable campaign finance law. By signing up for a paid subscription for a Political Creator's publication (i.e., making a political contribution to the Political Creator), Reader acknowledges and agrees to the following: | |
| 170 | ||
| 171 | - Reader is a natural person who is at least 18 years of age and a U.S. citizen or lawful permanent resident residing in the U.S. (i.e., green card holder). Reader is not a federal government contractor. | |
| 172 | ||
| 173 | - Reader will pay for the subscription (i.e., make the political contribution), using Reader's personal funds, and not with a corporate or business credit card or a card issued to another person. | |
| 174 | ||
| 175 | - Reader will not pay for the subscription with funds advanced by another person or entity, and will not be reimbursed by another person or entity for the subscription. | |
| 176 | ||
| 177 | - When signing up for a paid subscription that is a political contribution to a Political Creator, Reader will be asked to provide their first and last name, mailing address, occupation, and name of employer. Reader will provide complete and accurate responses to such requests. | |
| 178 | ||
| 179 | - Campaign finance law may require a Political Creator to disclose your first and last name, mailing address, occupation, name of employer, and date(s) and amount(s) of your political contribution(s) to the Political Creator on publicly available campaign finance disclosure reports. | |
+ ADDEDNew section on subscriptions that are political contributions A new section covers paid subscriptions to political candidates/committees that legally count as campaign contributions. Readers must meet eligibility rules (citizenship, age, personal funds only) and must provide their name, address, occupation, and employer — information that campaign finance law may require to be published in public disclosure reports. | ||
| 180 | ||
| 181 | - Reader is solely responsible for ensuring that their political contributions to Political Creators comply with applicable campaign finance laws, including any contribution limits. | |
| 182 | ||
| 127 | 183 | **Terminating Your Account** |
| 128 | 184 | |
| 129 | 185 | Substack is free to terminate (or suspend access to) your use of Substack, or your account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important Posts you may have uploaded to your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of Substack. |
| 130 | 186 | |
| 131 | 187 | Substack also allows you to delete your account at any time. **If you'd like to delete your account, you can do so from your [account page](https://substack.com/account/settings).** When you delete your account, any Posts associated with that account will also be deleted. However, any Post that you have made public may remain available. |
| 132 | 188 | |
| 133 | You understand and agree that it may not be possible to completely delete your content from Substack's records or backups, and that your Posts may remain viewable elsewhere to the extent that they were copied or stored by other users. Please refer to our [Privacy Policy](https://www.substack.com/privacy) to understand how we treat information you provide to us after you have stopped using Substack. | |
| 189 | You understand and agree that it may not be possible to completely delete your content from Substack's records or backups, and that your Posts may remain viewable elsewhere to the extent that they were copied or stored by other users. Please refer to our [Privacy Notice](https://www.substack.com/privacy) to understand how we treat information you provide to us after you have stopped using Substack. | |
| 134 | 190 | |
| 135 | 191 | 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. |
| 136 | 192 | |
| 137 | 193 | If you have deleted your account by mistake, contact us immediately at tos@substackinc.com - we will try to help, but unfortunately, we can't promise that we can recover or restore anything. |
| 138 | 194 | |
| 139 | **Privacy on Substack** | |
| 195 | **Child Privacy on Substack** | |
| 140 | 196 | |
| 141 | Substack takes your privacy very seriously. For the current Substack Privacy Policy, please click [here](https://www.substack.com/privacy). | |
− REMOVEDPrivacy section narrowed to children's privacy only The general 'Privacy on Substack' section (with a link to the full Privacy Policy) was removed; the section now only covers children's privacy (COPPA). The Privacy Notice is still linked elsewhere in the document. | ||
| 142 | ||
| 143 | 197 | The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for Substack or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at tos@substackinc.com. |
| 144 | 198 | |
| 199 | **Artificial Intelligence Services on Substack** | |
| 200 | ||
| 201 | We may offer you generative artificial intelligence ("AI") functionality, for example, by providing tools that allow you to generate images or text from written prompts. You acknowledge and agree that: | |
| 202 | ||
| 203 | - Use of AI services is at your own risk and is fully subject to the disclaimer of warranties of these Terms; | |
| 204 | ||
| 205 | - You are solely responsible for ensuring that your AI prompts and outputs are lawful and otherwise comply with these Terms and our [Content Guidelines](http://substack.com/content); | |
| 206 | ||
| 207 | - Our AI services are facilitated by third-party service providers, together with those vendors' own subprocessors and service providers. Our [Privacy Notice](http://substack.com/privacy) applies to all AI services and speaks to how we and our service providers may access and use related data; and | |
| 208 | ||
| 209 | - Using our AI services on our platform to generate outputs does not give us any rights to your outputs beyond the licenses we otherwise take under these Terms in order to provide our services. | |
| 210 | ||
| 211 | The following terms apply to your use of our automated support chatbot: | |
| 212 | ||
| 213 | - **Chatbot limitations | |
| 214 | **Our support chatbot is an automated service provided as a convenience. You understand that support chats may provide inaccurate or incomplete information, and are not a substitute for reviewing Substack's terms and policies. You understand that the support chat cannot speak for Substack, modify our terms or policies, or make any binding promises to you. | |
| 215 | ||
| 216 | - **Privacy Notice** | |
| 217 | You understand that support chats are facilitated by and provided to a third-party service provider, Decagon.ai, together with that vendor's subprocessors and service providers. Our [Privacy Notice](http://substack.com/privacy) applies to all support chat data and governs how we and our service providers may access and use support chat data. | |
+ ADDEDNew Artificial Intelligence Services section A new section discloses that Substack may offer generative AI tools, that use of these tools is at your own risk, and that AI services and the support chatbot are run with help from third-party vendors — including naming the chatbot vendor, Decagon.ai, and its subprocessors. | ||
| 218 | ||
| 145 | 219 | **SMS Messaging** |
| 146 | 220 | |
| 147 | If you provide us your phone number, we may use an SMS message to verify your control of the phone number. Your carrier's message and data rates may apply to this SMS verification. We don't send text messages for other purposes, however, you can reply "HELP" for help, or "STOP" to opt out of receiving text messages. You can learn more about our use of phone numbers and SMS messages in our [privacy policy](https://substack.com/privacy). | |
| 221 | If you provide us your phone number, we may use an SMS message to verify your control of the phone number. Your carrier's message and data rates may apply to this SMS verification. We don't send text messages for other purposes, however, you can reply "HELP" for help, or "STOP" to opt out of receiving text messages. You can learn more about our use of phone numbers and SMS messages in our [Privacy Notice](https://substack.com/privacy). | |
| 148 | 222 | |
| 149 | 223 | **Third Party Services and Integrations** |
| 150 | 224 | |
| 151 | 225 | We may offer you functionality that allows you to integrate third-party services in Substack, or to use Substack to interact with third-party services. Where we do, you understand that your use of third-party services is subject to those services' own terms and policies. In particular, if you use your Substack account to interact with the YouTube API, you agree to be bound by the YouTube [terms of service](https://www.youtube.com/t/terms). |
| 152 | 226 | |
| 153 | 227 | **Changes to Substack** |
| 169 | 243 | **Violations of the Terms** |
| 170 | 244 | |
| 171 | 245 | Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Substack has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. |
| 172 | 246 | |
| 173 | 247 | **Miscellaneous Terms** |
| 174 | 248 | |
| 175 | The above covers most of the questions that we typically receive about Substack. We have grouped provisions that come up less frequently below: | |
| 249 | - **Indemnification | |
| 250 | **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) arising from or in any way related to any third party claims relating to (a) your use of Substack (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). | |
| 176 | 251 | |
| 177 | - Indemnification: 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) arising from or in any way related to any third party claims relating to (a) your use of Substack (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). | |
| 252 | - **Assignment | |
| 253 | **You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Substack account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. | |
| 178 | 254 | |
| 179 | - Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Substack account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. | |
| 255 | - **Choice of Law | |
| 256 | **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. | |
| 180 | 257 | |
| 181 | - Choice of 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. | |
| 258 | - **Arbitration and Class Action Waiver | |
| 259 | **Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you and Substack shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. 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. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and attorneys' fees. 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. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party's claim. | |
| 182 | 260 | |
| 183 | - Arbitration and Class Action Waiver: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you and Substack shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. 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. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and attorneys' fees. 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. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party's claim. | |
| 261 | - **No Third-Party Beneficiaries | |
| 262 | **Except as otherwise expressly provided in these Terms, these Terms do not, and are not intended to, confer any rights or remedies upon any person other than you and Substack. Notwithstanding the foregoing, Substack reserves the right to amend, modify, or terminate these Terms (including any third-party beneficiary rights granted herein) at any time without the consent of any third-party beneficiary. | |
± CHANGEDSubstack can now revoke third-party beneficiary rights at any time The old clause simply said no third parties had rights under the Terms. The new clause acknowledges some third-party rights exist (e.g., Readers' right to enforce Creator-term compliance) but lets Substack cancel those rights at any time without the third party's consent. | ||
| 184 | 263 | |
| 185 | - No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under these Terms. | |
| 264 | - **No Joint Venture | |
| 265 | **You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Substack Inc., and you do not have any authority of any kind to bind us in any respect whatsoever. | |
| 186 | 266 | |
| 187 | - No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Substack Inc., and you do not have any authority of any kind to bind us in any respect whatsoever. | |
| 267 | - **Waiver | |
| 268 | **The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. | |
| 188 | 269 | |
| 189 | - Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. | |
| 270 | - **Severability | |
| 271 | **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 and effect and enforceable. | |
| 190 | 272 | |
| 191 | - Severability: 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 and effect and enforceable. | |
| 192 | ||
| 193 | - Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. | |
| 273 | - **Entire Agreement | |
| 274 | **You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. | |
ALSO IN THIS CHANGE, NOT TIED TO ONE LINE
- ± CHANGEDFormatting-only changes
Many bullet points throughout the document (licenses, miscellaneous terms, etc.) were reformatted with bold run-in headers. The underlying legal text in these bullets, including the arbitration and class-action waiver clause, is unchanged from before.