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Substack Terms of Use: Five Clauses Writers Should Read Before Publishing

This page is general information, not legal advice.

The Substack Terms of Use are a binding contract with Substack Inc. Every account holder is both a Creator and a Reader. This page reviews the version marked "Last Updated: October 6, 2026". The Terms also pull in the Privacy Notice, Publisher Agreement, Content Guidelines and Copyright Dispute Policy, so the full set of rules is longer than this one page. Five clauses shift risk onto writers. For each one, you get the exact wording, why it matters and what to ask for instead. Individual writers can rarely negotiate standard terms, so treat this as a checklist.

1. A perpetual, irrevocable license over your 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. ... 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.

Source: https://substack.com/tos, retrieved 2026-10-30.

Why it works against you

Substack states plainly that "you own what you create," which is better than many platforms. Still, the license is perpetual and irrevocable, and it lets Substack "translate, modify, reproduce" your Posts to provide and "improve" its service. Other users also get a license to "use and exercise all rights" in public Posts, within whatever Substack's features allow. If you delete your account, "any Post that you have made public may remain available." See perpetual content licenses explained.

What to ask for instead

Sample wording to propose: "The license ends when the Creator deletes the Post or their account, except for copies other users have already made through normal platform features."

2. Termination for any reason

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.

Source: https://substack.com/tos, retrieved 2026-10-30.

Why it works against you

Substack only promises to "try" to give notice, and it decides when notice would be "impractical." Content can also be removed "at any time, for any reason ... in our sole discretion, and without notice." For a paid newsletter, losing access means losing your archive and your income at once. To be fair, the Terms add an appeal process with a response "within 3 business days," and you're told the reason for most moderation actions. Keep your own copies of your posts and subscriber list anyway.

What to ask for instead

Sample wording to propose: "Except where urgent safety or legal reasons apply, we will give written notice with the reason and a reasonable period to export Posts and subscriber lists before terminating an account."

3. Changing the terms

We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means. ... If you use Substack in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.

Source: https://substack.com/tos, retrieved 2026-10-30.

Why it works against you

Substack can change the terms at any time and doesn't promise a minimum notice period. A notice on the website alone counts. Your only choice is to "reject them; unfortunately, that means you will no longer be able to use Substack." Leaving a platform where your paying readers live is costly, so that choice isn't much of a choice. See unilateral amendment clauses explained.

What to ask for instead

Sample wording to propose: "We will email at least 30 days' notice of material changes, with a summary of what changed, before they take effect."

4. You indemnify Substack

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.

Source: https://substack.com/tos, retrieved 2026-10-30.

Why it works against you

This clause covers any third-party claim "in any way related to" your use of Substack, not only claims where you did something wrong. It also covers actions by someone else using your account. Writers covering contested topics face a real risk of defamation or copyright claims. If Substack is named in such a claim, you may owe its legal fees. Notice is only something Substack "will attempt" to give. See indemnification clauses explained.

What to ask for instead

Sample wording to propose: "The Creator will indemnify Substack only for third-party claims finally found to result from the Creator's breach of these Terms, and Substack will give prompt notice and let the Creator control the defense."

5. Arbitration, class action waiver and fee shifting

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

Source: https://substack.com/tos, retrieved 2026-10-30.

Why it works against you

Disputes go to a single JAMS arbitrator in San Francisco, under California law, which may be far from where you live. You can't join a class action. If you bring a claim and lose, you may have to pay Substack's attorneys' fees, which can discourage smaller writers from bringing claims at all. Whether these provisions can be enforced against you varies by jurisdiction, so ask a qualified lawyer. See mandatory arbitration clauses explained.

What to ask for instead

Sample wording to propose: "Either party may bring an individual claim in small claims court where the Creator lives. Each party pays its own attorneys' fees unless a claim is found frivolous."

Also worth a look

Substack's total liability is capped at "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" (Source: https://substack.com/tos, retrieved 2026-10-30). See limitation of liability clauses explained. If a reader has a dispute with you, "Substack is under no obligation to become involved." Substack can also transfer the Terms "without consent," but you can't. Paid writers should read the separate Publisher Agreement too. For comparison, see Patreon Terms of Use explained.

Scan your own document free

Substack's terms change, and sponsorship deals or the Publisher Agreement add their own rules. Upload your Terms of Use or contract to the ScanMyTerms Terms of Service checker as a PDF, DOCX, TXT or MD file, or just photograph it. In about a minute, you get a list of clauses that work against you, each with a risk level, the exact wording, why it hurts and how to change it. The free preview needs no sign-up and shows the risk count and the first two findings. The full report costs $5. ScanMyTerms does not use your documents to train AI models, and reports are deleted after 7 days.

This page is general information, not legal advice.

Sources

Check your Substack terms or any contract with a free preview, no sign-up needed