AMENDMENT TO SUBSTACK TERMS OF USE AND PUBLISHER AGREEMENT FOR U.S. GOVERNMENT AGENCIES
Effective Date: April 21, 2025
If you are a U.S. Federal government agency or employee (“You,” “Your”), and You are using Substack’s products and services (“Substack”) in Your official capacity for official government purposes (“Official Use”), the following terms (“Amended Terms”) apply solely to such use (including any preexisting such use), all other terms and conditions in the Substack Terms of Use (“Terms”) and Substack Publisher Agreement (“Agreement”) remaining in effect. Substack Inc. (“We,” “Us,” “Our”) may modify the Terms and Agreement from time to time, but any such modifications shall not supersede these Amended Terms.
With respect to Your Official Use of Substack, in the event of any conflict between these Amended Terms and the Terms or Agreement, these Amended Terms shall prevail:
The Terms and Agreement as modified by these Amended Terms shall be governed by and construed in accordance with U.S. Federal law without reference to conflicts of laws. To the extent permitted by Federal law, the laws of the State of California (without regard to any conflicts of laws provisions therein) will apply in the absence of applicable Federal law.
Any provisions in the Terms or Agreement constituting consent by users to any form of dispute resolution (including but not limited to arbitration) or any jurisdiction, forum, or venue shall not apply to You.
Any provisions in the Terms or Agreement subjecting users to any indemnification obligations shall not apply to You.
Any provisions in the Terms or Agreement constituting a release of Us by users shall not apply to You. For the avoidance of doubt, any provisions in the Terms or Agreement setting forth limitations of/on Our liability and disclaimers by Us of any warranties remain in effect.
Liability for any breach by You of, or any claim against You arising from, the Terms or Agreement as modified by these Amended Terms shall be determined under the Federal Tort Claims Act (“FTCA”) or other governing Federal authority. Federal statute of limitations provisions shall apply to any such breach or claim.
Any provisions in the Terms or Agreement that provide for the survival of terms relating to governing or choice of law; dispute resolution (including but not limited to arbitration); jurisdiction, forum, or venue; indemnification; and release of Us from liability (as separate from terms setting forth limitations of/on Our liability and disclaimers by Us of any warranties), shall not apply to You.
Neither Party may assign, delegate or transfer the Terms or Agreement as modified by these Amended Terms, or its respective rights or obligations thereunder, to any third party without prior written consent of the other, except that We may do so without written consent from You provided Our successor assumes Our obligations thereunder.
We agree not to use the fact of any Official Use by You of Substack to state or imply an endorsement by You of Us or Substack.
