Why T&Cs are Needed for Your Substack
Substack's Terms don't protect Substack writers... If you have paid subscribers...you need your own solid T&Cs, because like it or not, you're operating a little enterprise!
Building something on Substack, like a bona-fide digital business, takes a lot of time and effort. We want to make sure we build on a solid foundation.
You with me so far?
Great! Now… I will explain why this is important.
(It may stress you out a bit, but you are a business person now and you are savvy enough to know that knowledge is power.)
Imagine this Scenario:
You work hard on your Substack.
You write, and you write, and you answer all comments and messages, you do live sessions, and you do group coaching sessions until, one day, you reach 10.000 followers!
Now you can maybe support yourself from your Substack. You’re living the dream!
You are growing
your side-hustle
your little business
something that’s your own!
Then one day, out of the blue, you get a letter in the mail.
It’s a lawyer letting you know someone wants to sue you because of something you said on Substack.
WHAAAT?
What the actual…?
The letter says that someone relying on your advice from the platform made a bad investment and lost millions and now they are suing you. And you think to yourself:
Is this real? (It can happen!)
Don’t the Substack terms protect me? (Quick answer: NO)
Can they actually do this? (Yes!)
(The real legal situation is quite complex. It depends on what country the reader is based in… but the remedy is simple and universal: Protect yourself and your budding business by adding Terms of Use. )
So yes. This is what I will be sharing in the next part. How to get yourself some custom Terms of Use for your Publication on Substack.
A little confession here: I’ve worked as Legal Counsel and Head of Legal in IT companies for 12 years. Because I was working with contacts for all these years, when I started writing on Substack, I couldn’t help but wonder about liability for all the advice we freely give on here. I could not help but wonder: Are we properly protected? Looking at Substack's terms, it's pretty clear they are covering themselves and staying out of everything else. (Which makes sense, so I don't blame them!) But this leaves your little business, your baby, uncovered!
Here's what everyone is missing:
Almost no content creators (except maybe me and a few other lawyers) have custom drafted Publisher Terms that apply to their Substack Publication.
Most people have the standard terms Substack provide. That’s fine, but they don’t not protect YOU from reader liability.
If what you provide can be construed as professional advice, and that advice causes harm or damage to a reader, you may be liable. (Obviously not intentionally, but it may happen!)
Some Good News
Substack allows you to add your own terms of use for your Publication to limit your liability!
Where to find this feature on Substack?
Follow the below steps:
1. Go to Dashboard
The rest of this post is paywalled. Upgrade to the paid YEARLY Subscription for Publisher Terms template for Substack writers, guidance on how to use them, where to place them…and a 1:1 call to ask me directly if you have questions.
2. Click on “Settings”
Go to your Privacy Section and click Customise.
Add. Custom Publisher Terms (or I could help)
Behind the paywall there is a link to my Publisher Terms Generator.
Help with Drafting Your Terms
If you want to draft of Publisher Terms DM me after you have Subscribe and I will send them manually so you get the most up to date version! looking forward to chat with you!
