Diff: Instacart Terms of Service, ConductAtlas

Old version

April 18, 2026 07:50 UTC

4858324786634c1827759e0c8ddb49254d23efc23fa5802a80fa3650b2e37854

CA-V-000591

New version

May 9, 2026 01:43 UTC

ae8ddec1a4b4cdd448758acc355b3f9ed11450c827847cdbe233cdbf85e7dfec

CA-V-002344

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Change Summary

Instacart restructured its Terms of Service on May 9, 2026, reorganizing the document with a new table of contents and section headers (Introduction and Key Points, About Instacart & How It Works, Product & Service-Specific Rules, etc.). The change summary indicates 367 sentences were added and 314 sentences were modified across a document now containing 688 sentences total. Without access to the full content of added and modified language, the operational significance of these changes cannot be determined from the provided diff context, which shows only structural reorganization of existing content.

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367 Sentences added

0 Sentences removed

314 Sentences modified

321 Sentences before

688 Sentences after

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0	Instacart Terms Skip navigation Locations Careers Blog Help Log in Become a shopper Terms and Conditions Last updated: October 28, 2025 Thank you for using Instacart!	0	Instacart Terms Skip navigation Locations Careers Blog Help Log in Become a shopper Header Introduction and Key Points 1.
1	These Terms of Service (“Terms”) govern your use of the Instacart services, including any websites, mobile applications, devices, APIs, embedded partner experiences, or artificial intelligence (“AI”) powered generative experiences that are operated by Instacart or its subsidiaries and affiliates (collectively, the “Services”), and are entered into by you and Maplebear Inc.	1	About Instacart & How It Works 2.
2	(d/b/a Instacart), a Delaware corporation, and its subsidiaries and affiliates (“Instacart”).	2	Product & Service-Specific Rules 3.
3	This Agreement applies to all visitors, users, and other parties who access the Services (each, hereafter, a “user”).	3	Instacart+ (Membership) 4.
4	By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Instacart’s Privacy Policy .	4	Access & Responsible Use 5.
5	If you are using or accessing the Services through a Business Account, your use of the Services is governed by the Instacart Business Account Terms and Conditions .	5	Content, Data & AI 6.
6	SECTION 17 (“DISPUTES & ARBITRATION”) OF THESE TERMS (THE “ARBITRATION AGREEMENT”) PROVIDES THAT ANY CLAIMS THAT YOU AND INSTACART HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBITRATION.	6	Responsibilities & Limits 7.
7	UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST INSTACART ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.	7	Dispute Resolution & Arbitration Agreement 8.
8	TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.	8	General Provisions Header Introduction and Key Points 1.
9	PLEASE SEE SECTION 17 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.	9	About Instacart & How It Works 2.
10	The Services include a technology platform that presents you with a set of one or more retailer (each a “Retailer”) virtual storefronts from which you can select goods for picking and packing by one or more personal shoppers and delivery to your location or, if available, for you to pick up in-store.	10	Product & Service-Specific Rules 3.
11	Depending on the Retailer from whom you purchase goods through the Services, picking and packing, and delivery services may be performed by third parties, which may include Retailer personnel, independent contractors, and third-party logistics providers (collectively, “Third Party Providers”).	11	Instacart+ (Membership) 4.
12	You acknowledge that Instacart does not supervise, direct, or control the performance of services provided by Third Party Providers, and that Third Party Providers are neither employed by, nor in any partnership or joint venture or agency relationship with, Instacart.	12	Access & Responsible Use 5.
13	When you use the Services to place an order for goods, you authorize the purchase of those goods from the Retailers you select and, if you have selected delivery services, the delivery of those goods by Third Party Providers.	13	Content, Data & AI 6.
14	Unless otherwise specified, you acknowledge and agree that Instacart and the Third Party Provider are collectively acting as your agents in the ordering, picking, packing, and/or delivery of goods purchased by you and that the Retailer—not the Third Party Provider and not Instacart—is the seller of the goods to you.	14	Responsibilities & Limits 7.
15	You agree that your purchase is being made from the Retailer you have selected, that Retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Retailer’s store.	15	Dispute Resolution & Arbitration Agreement 8.
16	You agree that Instacart or the applicable Retailer will obtain an authorization for your credit card, debit card, or other payment method on file with Instacart to cover the cost of the goods you have purchased from the Retailer and any separate Instacart fees and optional tips, and your payment method will be charged for the goods purchased by you and any applicable fees, taxes and/or tips.	16	General Provisions Terms and Conditions Last updated: May 7, 2026 Thanks for using Instacart!
17	Instacart may change the fees it charges for the Services, including but not limited to delivery fees, priority fees, service fees (including additional service fees and/or surcharges to help offset specific costs), direct-to-consumer shipping fees, long distance fees (for deliveries outside the delivery area for a Retailer), regulatory-related fees, bag fees, and special handling fees.	17	These Terms of Service ("Terms") govern your access to and use of Instacart's Services offered to customers in the United States and Canada, including our websites, mobile apps, devices, APIs, embedded partner experiences, and any AI or agentic features we may offer (collectively, the “Services”).
18	Instacart may vary certain fees based on demand, order attributes, and/or other factors.	18	Certain provisions of these Terms apply based on your place of residence, as described below. “Instacart” means Maplebear Inc.
19	Your payment instrument will be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out.	19	(d/b/a Instacart), a Delaware corporation, together with its subsidiaries and affiliates. “We,” “us,” and “our” mean Instacart. “You” means any person who visits or uses the Services.
20	This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items, weight adjustments, or tips that you may elect to add after delivery.	20	If you use the Services on behalf of a company or other organization, “you” also means that organization, and you represent that you’re authorized to bind it.
21	Retailers set the prices of the goods on the Services, and some Retailers may set prices for goods on the Services that differ from in-store prices, differ between storefronts, or differ from the prices available on other online platforms or services.	21	IMPORTANT: ARBITRATION AGREEMENT & CLASS ACTION WAIVER Before initiating any legal proceedings, all users must complete a 60-day informal dispute resolution process, except where prohibited by applicable law.
22	The prices displayed on the Services may not be the lowest prices at which the same goods or items are sold.	22	See Section 7 .
23	Individual Retailers may operate multiple storefronts with different pricing, selection, and order fulfillment.	23	FOR U.S. RESIDENTS , EXCEPT IN NARROW CIRCUMSTANCES, ALL DISPUTES BETWEEN YOU AND INSTACART NOT RESOLVED INFORMALLY ARE SUBJECT TO THE ARBITRATION AGREEMENT OF SECTION 7 , WHICH REQUIRES BINDING, FINAL ARBITRATION—NO CLASS ACTIONS OR JURY TRIALS.
24	You can view each Retailer’s pricing policies (which may change from time to time) on their storefront(s) on both the website and in the Instacart app (or other Instacart website or app).	24	PLEASE READ SECTION 7 CAREFULLY.
25	You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Instacart, Instacart does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.	25	YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
26	Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.	26	SEE SECTION 7 (DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) FOR WHAT'S COVERED, EXCEPTIONS, FEES, RULES, AND HOW TO OPT OUT.
27	Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability.	27	FOR CANADIAN RESIDENTS, WHERE PERMITTED UNDER THE LAWS OF YOUR PROVINCE OR TERRITORY, UNRESOLVED DISPUTES MAY PROCEED TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS; OTHERWISE THEY MAY BE BROUGHT IN COURT.
28	Instacart reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your payment method has been charged). 1.	28	YOU MAY ALSO OPT OUT WITHIN 30 DAYS.
29	Your Use of the Services Instacart grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms, Instacart Community Guidelines for Customers , and any other Instacart policies.	29	SEE SECTION 7 .
30	You may not copy, modify, distribute, sell, or lease any part of the Services.	30	By using the Services, you agree to these Terms and to our Privacy Policy (how we collect, use, and disclose personal information).
31	Unless such restriction is prohibited by law or you have Instacart’s written permission, you may not reverse engineer (including tracking the inputs and outputs flowing through our system or application in order to mimic or recreate the system or application) or attempt to extract the source code of the Services.	31	If you access the Services through a Business Account, the Instacart Business Account Terms also apply. 1.
32	You may only access the Services through the interfaces that Instacart provides for that purpose (for example, you may not “scrape” or “data mine” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.	32	About Instacart & How It Works This section explains the basics of using Instacart day-to-day: who we are, how you place and receive orders, how delivery works, how pricing and payments function, and how we communicate with you. 1.1. Who We Are & Scope Instacart operates a technology platform that connects you with Retailers and Third-Party Providers so you can browse, purchase, and receive goods and services through delivery, pickup, and other features and programs we may make available.
33	You further agree that you will not use the Services or any information contained therein or obtained therefrom, including any output or other information derived from the Services, to directly or indirectly create, train, test, or improve any machine learning, large language, or artificial intelligence models, or similar or competing product, service, or technology (including for research purposes, open source, or other non-commercial use).	33	We don't sell the goods ourselves.
34	Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials).	34	The Platform.
35	As between you and Instacart, you retain all rights in any content that you upload or submit, and are solely responsible for that content.	35	The Services include, but are not limited to, presentation of one or more retailer virtual storefronts (each a “Retailer”) from which you can select goods for picking and packing by one or more personal shoppers and delivery or, if available, pickup.
36	By uploading content, you represent and warrant that you either own it or are authorized to grant Instacart the rights described in these Terms.	36	We also offer other features and programs that may change or expand over time.
37	You are responsible and liable if any of your content violates or infringes the intellectual property or privacy rights of any third party.	37	Third-Party Providers.
38	You grant Instacart a non-exclusive, royalty-free, worldwide, transferable, sub licenseable, perpetual license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, or distribute any such content, and to use the content to train, test, or otherwise enhance our machine learning algorithms, for the purposes of operating, providing, and improving the Services.	38	Picking, packing, and delivery services are performed by third parties—which, depending on the Retailer you purchase from, may include Retailer personnel, independent contractors, and third-party logistics providers (collectively, "Third-Party Providers").
39	Instacart may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms, the Instacart Community Guidelines for Customers , or any other policies.	39	They are not Instacart's employees, partners, or agents, and Instacart does not supervise, direct, or control their performance.
40	You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device.	40	Instacart is not responsible for your interactions with Third-Party Providers or Retailers.
41	Some software, or portions of software, in the Services may be governed by open source licenses.	41	Feature Availability.
42	In that case, Instacart will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.	42	Some features of the Services (for example, delivery, pickup, in-store shopping, or AI tools) may not be available in all locations or at all times.
43	By using the Services, you represent and warrant that you are of legal age in the jurisdiction in which you reside to form a binding contract with Instacart.	43	Your Authorization.
44	If you are using Instacart Services for its intended purposes on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.	44	When you place an order, you authorize the purchase of goods from the Retailers you select.
45	In order to use the Services, you may need to create a user account.	45	If you choose delivery, you also authorize the delivery of those goods by Third-Party Providers.
46	You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure.	46	Unless otherwise specified in these Terms, Instacart and the applicable Third-Party Provider act as your agents for ordering, picking, packing, and/or delivering the goods you selected.
47	You also agree that you will comply with all applicable laws when accessing or using the Services, you will adhere to the Instacart Community Guidelines for Customers (which may be updated from time to time) and any other applicable Instacart policies, and you will respect those who you encounter in your use of the Services, including Third Party Providers, Instacart personnel, and individuals who support Instacart’s Help Center.	47	Merchant of Record.
48	Instacart reserves the right to decline orders, refuse partial or full delivery, terminate or restrict access to accounts or Services, and/or cancel orders at any time in its sole discretion.	48	The Retailer—not Instacart and not any Third-Party Provider—is the seller of the goods to you and the merchant of record.
49	Instacart may periodically offer you certain incentives or benefits (e.g. trial Instacart+ membership, credit, coupon, promotion code, and/or discount code).	49	Title to goods passes to you when they are purchased at the Retailer's store (unless the law requires otherwise).
50	We’re constantly modifying and improving the Services.	50	Instacart does not take title to goods you order.
51	Instacart may introduce new features, change existing features, or remove features from the Services at any time and without notice.	51	No Employment Relationship.
52	If you provide Instacart with any feedback on or comments regarding the Services, you grant Instacart the right to use such feedback or comments for any purpose without restriction or payment to you.	52	Your use of the Services does not create any employment, partnership, joint venture, or broader agency relationship between you and Instacart, except for the limited agency described above or as otherwise expressly provided in these Terms or any separate agreement between you and Instacart. 1.2. Ordering & Fulfillment Delivery Timing.
53	If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our Help Center articles for our policies regarding the same.	53	Any delivery window or timing provided with your order is an estimate only and is not guaranteed.
54	Please note that once a shopper has begun shopping your order and/or delivery has begun, you may no longer have the option to reschedule or cancel the order.	54	We aim to deliver within the selected window, but delivery may occur outside of it due to operational or external factors.
55	If we are able to reschedule or cancel your order, you may be charged a fee and/or may not be refunded for items that have been purchased on your behalf.	55	Instacart and Third-Party Providers are not responsible for delays or failures in performance resulting from events beyond our reasonable control.
56	If Instacart suspects or determines, in its sole discretion, any fraud, tampering, abuse, or violation of our Terms of Service in connection with your use of the Services (including but not limited to any order, refund, or use of an incentive or benefit), Instacart reserves the right to cancel the order, decline or reverse a refund, charge your card on file, revoke, cancel and/or terminate the incentive or benefit, or to take other remedial measures. 2.	56	Your Responsibilities.
57	Instacart Communications You agree to accept and receive communications from Instacart or Third Party Providers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Instacart.	57	You must provide an accurate delivery address and any necessary delivery instructions (for example, building code, gate access, or safe drop-off location).
58	You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Instacart, its affiliated companies, and/or Third Party Providers, including but not limited to communications concerning orders placed through your account on the Services.	58	Some orders may require an adult to be present, including for age-restricted products.
		59	Delivery Restrictions.
		60	We may be unable to complete delivery to certain locations (e.g., where local law or property rules restrict delivery).
		61	If delivery fails due to circumstances within your control—such as an incorrect delivery address or failing to be present for an attended delivery—we may deny refund and redelivery requests.
		62	Contactless Delivery.
		63	You accept full responsibility for your order once it is delivered.
		64	If you choose contactless delivery, items that do not require ID verification, signature or delivery confirmation may be left at your door if you request it or if you are not present when the order arrives.
		65	You assume the risk of loss or damage to the goods after they are delivered to your specified location.
		66	Except as specifically permitted in section 2.2, orders containing alcohol, prescriptions, or other age-restricted products cannot be left unattended and require ID verification and/or signature upon delivery.
		67	See Sections 2.1, 2.2, and 2.3 below.
		68	Out of Stock Items.
		69	If an item in your order is unavailable, we have two ways to help: Item Substitutions.
		70	You can request a specific substitute or let your shopper suggest one.
		71	You’ll be charged based on the substitute item’s price.
		72	Second Store Check.
		73	Instacart may also check a second store and send another shopper with the item(s) if found.
		74	This creates a second order, which you may cancel at no cost prior to delivery. 1.3. Pricing, Fees & Payments Your order total includes the cost of goods, along with any applicable fees, taxes, and tips.
		75	Retailers—not Instacart—set the prices of goods, and both prices and fees may change.
		76	Retailer-Set Pricing.
		77	Retailers control their own pricing.
		78	Some Retailers may set prices on the Services that differ from in-store prices, vary across storefronts, or differ from prices offered on other platforms or services.
		79	The prices displayed on the Services may not be the lowest available prices for the same items.
		80	Retailers may also operate multiple storefronts with different pricing, selection, and order fulfillment.
		81	You can view each Retailer's pricing policies on their storefront in the app or website.
		82	Instacart Fees.
		83	We may charge different fees for the Services, which may change from time to time.
		84	These may include delivery fees, priority fees, service fees (including additional service fees and/or surcharges to offset costs), direct-to-consumer shipping fees, long-distance fees, regulatory-related fees, bag fees, and special handling fees.
		85	Fees may also vary based on demand, order attributes, or other factors.
		86	Payment Authorizations.
		87	Generally.
		88	By placing an order, you authorize Instacart or the applicable Retailer to obtain an authorization hold on your payment method (credit card, debit card, or other method on file) to cover the cost of goods, Instacart fees, and any optional tips.
		89	Your payment method will be charged for the goods, fees, taxes, and tips once the order is finalized.
		90	Temporary Authorizations.
		91	We may temporarily authorize your payment method for an amount higher than the checkout total.
		92	We disclose this during checkout.
		93	This covers situations where your order total changes—for example, from special requests, added items, replacements, weight adjustments, or tips added after delivery.
		94	Multiple Authorizations.
		95	If your order changes after you place it (for example, if you add items, request replacements, or your shopper makes adjustments), we may place additional temporary authorization holds on your payment method for the same order.
		96	These are temporary holds, not charges.
		97	They will be released according to your financial institution's policies.
		98	You will only be charged once for the final order total.
		99	If you see multiple pending authorizations, they are not duplicate charges—your card will only be charged for the actual goods and services you receive.
		100	Currency.
		101	Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where delivery takes place. 1.4. Cancellations, Refunds, Returns & Order Issues You can usually cancel or reschedule an order before a shopper starts shopping.
		102	After that, cancellations and refunds may be limited, fees may apply, and items already purchased may not be refundable.
		103	Instacart may cancel or refuse orders at any time.
		104	Timing Limits.
		105	Once a shopper has started shopping your order or delivery has started, you may not be able to cancel or reschedule.
		106	If we are able to accommodate your request at that stage, you may be charged a fee, and items already purchased on your behalf may not be refundable.
		107	For information about cancellation fees, see the Help Center .
		108	Refunds & Returns.
		109	Refund eligibility and timing vary by item and by Retailer policy.
		110	Service fees are generally not refundable for returned items.
		111	If your order is refunded, we may issue a refund, replacement, or credit at our discretion.
		112	Reporting Order Issues.
		113	Report issues with your order (e.g., missing, damaged, or incorrect items) as set out in the Help Center . 1.5. Communications You agree that we, our affiliated companies, and Third-Party Providers may contact you about your orders and account.
		114	You can opt out of promotional messages, but you may still receive service communications.
		115	Service Communications.
		116	You agree to receive communications from Instacart, its affiliated companies, and/or Third-Party Providers, including by email, text message, calls, and push notifications.
		117	These communications may be sent to the email address or cellular telephone number you provide to Instacart, or to your devices.
		118	These communications may be generated by automatic telephone dialing systems or may deliver prerecorded messages about your orders or account.
60	If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings or by using the unsubscribe mechanism included in the message, where applicable.	120	SMS/Text Messaging.
61	You may also opt-out of receiving promotional text messages from Instacart by replying “STOP” from the mobile device receiving the messages.	121	By providing your mobile phone number, you consent to receive automated text (SMS) messages from Instacart, its affiliated companies, and/or Third-Party Providers related to your orders, deliveries, and account.
62	If you use the Services to order a prescription drug product (where available), you understand and agree that user inquiries must be conducted via telephone.	122	By providing your consent to receive text messages, you understand that messages may be delivered at any time, even if they fall outside federal, state, or locally defined quiet hours .
63	You also understand and agree that a third party pharmacy and/or Instacart may send you unencrypted SMS messages, push notifications or other electronic notifications relating to prescription drug products that you order through the Services.	123	Message frequency varies depending on your activity.
64	There is some level of risk that information in such communications could be read by an unintended third party.	124	To opt out, reply STOP.
65	By using the Services to order a prescription drug product, you explicitly disclaim any liability, and waive and release any claim (to the maximum extent permitted by law), against Instacart, its affiliated companies, and Third Party Providers for any harm or damage arising out of or in connection with any SMS messages, push notifications and/or other electronic notifications. 3.	125	For help, reply HELP or contact us directly at 1-888-246-7822 or help@instacart.com .
66	Instacart+ Instacart+ is a membership program that waives the delivery fee for scheduled deliveries on orders $35 or over (the "Instacart+ Benefits") with each Retailer placed through the Services for a monthly or yearly subscription fee.	126	For questions about your text or data plan, contact your wireless provider.
67	Instacart+ Benefits are not available on all Instacart Services, including Groceries Powered by Instacart (embedded partner experiences).	127	Message and data rates may apply.
68	You can confirm the availability of benefits in the Help Center .	128	Carriers are not liable for delayed or undeliverable messages.
69	Where available, Instacart may, in its sole discretion, extend the delivery fee waiver to certain restaurant orders placed using the restaurants tab, but the waiver of any restaurant delivery fees is not a guaranteed benefit of the program.	129	Promotional Communications.
70	Instacart+ Benefits may differ on certain Retailers’ white label sites that are powered by Instacart, where available.	130	If you do not wish to receive promotional emails, texts, push notifications, or other communications, you can opt out at any time in your account settings, by using the unsubscribe mechanism included in the message, where applicable.
71	You acknowledge that your Instacart+ membership does not entitle you to faster delivery times or guaranteed or priority time slots.	131	You may also opt out of receiving promotional text messages from Instacart by replying “STOP” from the mobile device receiving the messages.
72	Service fees (including additional fees and surcharges to help offset specific costs), priority fees, direct-to-consumer shipping fees, long distance fees, regulatory-related fees, bag fees, special handling fees, taxes and/or tips may still apply.	132	Opting out of promotional messages does not affect service or transactional communications (e.g., about your orders or account). 1.6. Coupons & Promotions We may provide you with promotion codes, discounts, coupon codes, or offers ("Coupons").
73	For combinations with other offers, restrictions may apply.	133	Coupons are discretionary and may have restrictions or be subject to additional manufacturer, Retailer, or other offeror terms.
74	Prescription drug delivery services through Instacart Rx are not eligible for Instacart+ membership benefits.	134	General Rules .
75	UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR INSTACART+ MEMBERSHIP WILL AUTOMATICALLY RENEW FOR THE AGREED UPON MONTHLY OR ANNUAL TERM, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE PAYMENT METHOD ON FILE IN YOUR ACCOUNT.	135	Coupons: May change, expire, or be canceled at any time.
76	The billing date will depend on the type of subscription that you choose when you sign-up for an Instacart+ membership (monthly or yearly) and will be charged within 24 hours on the billing date indicated on your “Your Instacart+ Membership” page.	136	Apply only to qualifying items displaying the offer, and you must complete the purchase before the Coupon expires.
77	In certain circumstances, your billing date may change.	137	Generally may not be combined with other offers, rebates, or promotions.
78	For instance, if we are unable to successfully charge your card for the Instacart+ membership fee on a given day (e.g., a Federal holiday or technical failures).	138	May not be sold, copied, modified, or transferred.
79	Instacart+ membership fees are fully earned upon payment.	139	Have no cash value.
80	If your payment details change, your card or other payment method provider may provide us with updated payment details.	140	May be limited to one per user unless otherwise stated.
81	We may use these new details or details from other payment methods on file in order to help prevent any interruption to your Instacart+ membership.	141	Are void where restricted or prohibited by law and valid only while supplies last.
82	If you do not want to have your card or other payment method automatically updated, you can opt out of these services by contacting your financial institution.	142	Taxes & Returns.
83	If you would like to use a different payment method or if there is a change in payment method, please update your billing information on your “Your Instacart+ Membership” page under the Payment section.	143	You are responsible for any applicable taxes or levies on purchases, even when using a Coupon; Instacart has no obligation to pay any such taxes or levies.
84	All billing information you provide to us must be truthful and accurate and you represent that you are authorized to use the payment method in the manner contemplated here.	144	Sales tax may be calculated on the original, undiscounted price of items purchased with a Coupon.
85	If the payment method you provided to us for payment is declined or if a payment was not successfully made by you, you remain responsible for any uncollected amounts.	145	If you return a product purchased with a Coupon, the Coupon’s value will be deducted from the refund or credit.
86	If a payment is not successfully made and you do not cancel your account, we may suspend your access to the Services, including without limitation your Instacart+ membership, until we have successfully charged a valid payment method.	146	More Information.
87	If you do not want your membership to automatically renew, you can cancel your Instacart+ membership at any time using this link or on your “Your Instacart+ Membership” page by following the “Cancel Membership” link.	147	You can find more information about Coupons and other separate promotions that may be available from time to time on Instacart’s website, mobile applications, and Retailers’ white label sites that are powered by Instacart in the Help Center . 1.7. Credits We may offer you account credits ("Credits").
88	You may cancel your membership within the first five (5) calendar days of your paid annual membership term or renewed annual subscription, and receive a refund of the Instacart+ membership fee you paid, but only if you have not placed any orders using your Instacart+ membership.	148	Credits are subject to additional Instacart Credit Terms .
89	When you cancel a monthly membership or if you cancel at any other time, you will not receive a refund, but you can continue to enjoy the benefits of your Instacart+ membership through the end of your paid membership term.	149	Credits have no cash value.
90	Additional instructions on how to manage your Instacart+ membership are available in the Help Center.	150	Expiration.
91	From time to time, Instacart offers some users trial or other promotional memberships to Instacart+.	151	Unless otherwise stated, Instacart may change the expiration date of Credits with 30 days' email notice.
92	Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer, including which users are eligible for the promotional memberships.	152	Caps.
93	Only one trial or promotional membership is available per household and may not be combined with any other promotion.	153	Instacart may cap or adjust Credits so that your account does not hold more than $1,500 total or more than $2,000 added in a single day.
94	At the end of your free trial period or promotional membership period, Instacart will automatically charge you the applicable Instacart+ subscription fee to the payment method on file with Instacart.	154	Ineligible items.
		155	We may restrict the use of Credits for certain items (such as alcohol or prescriptions) and may disallow Credits to cover fees, taxes, or tips.
		156	Credits may not be used to pay for Instacart+ membership fees or restaurant orders.
		157	Certain Credits may not be combined with Coupons or other credits in the same order. 1.8. Service Information & Accuracy Information on the Services may contain errors, may change over time, and may differ from what others see.
		158	You are responsible for verifying important details before relying on them.
		159	Errors & Corrections.
		160	The Services may occasionally display typographical errors, inaccuracies, or omissions (for example, in pricing, product descriptions, promotional offers, or product availability).
		161	We may correct or update such information at any time without prior notice and may refuse or cancel orders affected by it—even after an order is submitted or your payment method has been charged.
		162	Third-Party Content .
		163	Instacart does not assume responsibility for any products, content, services, websites, advertisements, offers, or information provided by third parties and made available through the Services.
		164	Results May Vary.
		165	Results you see on the Services—such as search results or recommendations, or AI Features—may differ between users or over time and may not always be identical or consistent.
		166	Health & Nutrition Information.
		167	Health, wellness, and nutritional information is provided for informational purposes only.
		168	It may not always be accurate, complete, reliable, current, or error-free, and it is not a substitute for professional medical advice, diagnosis, or treatment. 1.9. In-Store Features You may have access to certain features on the Services that are intended to be used while shopping in Retailers’ physical stores, including In-Store Mode and Scan & Pay (“In-Store Features”).
		169	In-Store Mode allows customers to browse items via the Services that are available for purchase in Retailers’ stores.
		170	Scan & Pay allows you to scan and pay for items via the Services on your mobile device while shopping in Retailers’ stores.
		171	Retailer Terms Apply.
		172	In addition to these Terms, your use of In-Store Features in a Retailer’s store may be subject to that Retailer’s policies and terms and conditions of service (“Retailer Terms”).
		173	Retailer Terms govern issues such as hours of operation, in-store conduct, refunds, returns, and Retailer loyalty programs when using In-Store Features.
		174	Pricing.
		175	Retailers set the prices for In-Store Features and may update them in real time.
		176	Prices shown in the app may not always match the price in-store.
		177	If there is a discrepancy, you must alert a Retailer employee, and the in-store price prevails, as determined by the Retailer.
		178	Not all in-store promotions, discounts, or items may be available on In-Store Features.
		179	Scan & Pay Duties.
		180	When using Scan & Pay, you agree to: correctly scan all products; weigh products accurately if sold by weight; pay for all products before leaving the store; and comply with all applicable laws.
		181	Completing Purchases.
		182	If you have issues with scanning or payment, you must alert a Retailer employee.
		183	If Instacart cannot process payment, you must complete the purchase at a register.
		184	You must exit the store through the designated Scan & Pay checkout area and follow any Retailer-provided prompts (for example, bag check).
		185	Verification.
		186	Retailer personnel may check your bags, compare scanned items to your cart, or rescan items to verify proper use.
		187	If there is a difference between your scan and the re-scan, the Retailer's re-scan is final.
		188	If you scan items incorrectly on multiple occasions, we may suspend, disable, or terminate your use of Scan & Pay or the Services.
		189	Refunds & Returns.
		190	Returns or refunds for in-store purchases are subject to the Retailer's refund and return policies, which vary by Retailer.
		191	Ownership & Data.
		192	Instacart and its licensors retain ownership of the Services and any images scanned by the application.
		193	We may retain images of scanned items to improve the Services.
		194	Instacart does not own the media or device on which the Services are downloaded, recorded, or stored. 2.
		195	Product & Service-Specific Rules If a rule in Section 2 conflicts with Section 1, the more specific rule in Section 2 controls for that product or service. 2.1. Alcohol Compliance with Law.
		196	You agree to follow all laws and regulations that apply to alcohol purchases and deliveries, and not cause Instacart or any Third-Party Provider or Retailer to violate those laws.
		197	Age Requirements.
		198	By ordering alcohol, you confirm that both you and the recipient (if different) are of legal drinking age in the delivery location: 21+ in the United States 18+ in Alberta, Manitoba, and Quebec 19+ in all other Canadian provinces Verification at Delivery.
		199	When alcohol is delivered by a Third-Party Provider: The recipient must show valid government-issued photo identification proving age.
		200	The Third-Party Provider will electronically scan the ID.
		201	The Third-Party Provider may require the recipient’s signature.
		202	The recipient must not show any signs of intoxication when receiving the delivery.
		203	Alcohol may not be purchased to resell or to provide to anyone under legal drinking age.
		204	If verification requirements are not met, the alcohol will not be delivered and the alcohol portion of the order will be canceled.
		205	Restricted Delivery Locations.
		206	Instacart does not allow delivery to certain types of establishments (e.g., college campuses).
		207	You're responsible for ensuring that delivery is allowed to the delivery address.
		208	Please see the Help Center for a complete list of establishments to which alcohol delivery is prohibited.
		209	Cross-State Alcohol Delivery Restrictions.
		210	We do not deliver alcohol across state lines; alcohol may only be delivered to an address within the same state as the fulfilling retailer, and any ineligible items will be removed at checkout.
		211	No Substitutions.
		212	Special requests or substitutions for alcohol are not permitted.
		213	Alcohol must be ordered directly from catalog items available on the Services at the time of checkout.
		214	Ontario and Alberta Deliveries.
		215	In those provinces, all alcohol deliveries through the Services are fulfilled by Maplebear Delivery Canada Inc. 2.2. Delivery of Prescription Drug Products (Instacart Rx) In certain areas, you can order prescription drug products through Instacart Rx. These orders are subject to strict rules and are fulfilled by licensed pharmacies and Third-Party Providers—not by Instacart.
		216	Scope & Eligibility.
		217	Prescription drug delivery is available only in certain geographic areas.
		218	Instacart is not a pharmacy.
		219	We do not dispense prescriptions or provide medical care, and we do not recommend or refer you to particular pharmacies.
		220	You are solely responsible for selecting the pharmacy that fills your prescription.
		221	You represent that any prescription drug product ordered through the Services is for the individual to whom it is prescribed and not for resale or transfer.
		222	Membership Benefits.
		223	Prescription drug deliveries are not eligible for Instacart+ benefits.
		224	No Warranties.
		225	Instacart makes no warranties about the quality of prescription drug products or the services provided by any pharmacy.
		226	If you have an issue with prescription processing, you should contact the pharmacy directly.
		227	Age Requirements.
		228	By placing an order for a Prescription Drug Product, you represent that both you and the Recipient (if different) are of legal age in the delivery location to purchase, possess, use, and/or consume the Prescription Drug Product.
		229	Verification at Delivery.
		230	When Prescription Drug Products are delivered by a Third-Party Provider: The recipient must show valid government-issued photo identification proving age.
		231	The Third-Party Provider will electronically scan the ID.
		232	The Third-Party Provider may require the recipient’s signature.
		233	The recipient must not show any signs of intoxication when receiving the delivery.
		234	Prescription Drug Products may not be purchased for resale or for anyone who is not of legal age.
		235	If verification requirements are not met, the Prescription Drug Product will not be delivered and that portion of the order will be canceled.
		236	Unattended Prescription Deliveries.
		237	Where available, you may elect to have prescription drug products delivered without signature or in-person handoff ("Unattended Delivery").
		238	By choosing Unattended Delivery, you acknowledge and agree to the following: Consent to Delivery at Address.
		239	You authorize Instacart and the applicable Third-Party Provider to deliver your prescription drug products to the address you provide and to leave them unattended at that location without requiring your signature or in-person acceptance.
		240	Packaging and Visibility.
		241	Prescription drug products are typically provided in packaging intended to protect the contents during transit and to limit visibility of the medication inside.
		242	Packaging may display the recipient’s name, delivery address, and other information required by law.
		243	Instacart does not control the pharmacy’s packaging practices and does not guarantee that packaging will prevent loss, theft, tampering, temperature exposure, or disclosure of information.
		244	Assumption of Risk.
		245	You acknowledge and agree that Unattended Delivery involves inherent risks, and you assume all risks associated with Unattended Delivery, whether or not expressly described in these Terms.
		246	These risks include, without limitation: Loss, theft, or damage.
		247	Prescription drug products left unattended may be lost, stolen, taken by a third party, damaged, exposed to improper temperatures, or otherwise compromised.
		248	Your insurance may deny reimbursement for replacement prescriptions, and you may be responsible for out-of-pocket replacement costs.
		249	Delay and adverse health consequences.
		250	If your prescription is lost, stolen, damaged, or delayed as a result of Unattended Delivery, you may experience a delay in receiving or taking your medication as prescribed, which could result in serious adverse health consequences, including bodily injury or death.
		251	Privacy disclosure.
		252	If a prescription package is taken, opened, or viewed by a third party, personal or sensitive health information may be disclosed.
		253	Such information could include, without limitation, information relating to disabilities, mental health conditions, HIV status, sexually transmitted infections, or other medical conditions.
		254	Waiver and Release.
		255	To the maximum extent permitted by law, you waive, release, and discharge Instacart, its affiliates, and Third-Party Providers from any and all claims, demands, liabilities, damages, losses, or injuries arising out of or related to Unattended Delivery, whether arising directly or indirectly and whether resulting from the negligence or other acts or omissions of Instacart, its affiliates, or Third-Party Providers or as a result of any theft of the prescription.
		256	Indemnification.
		257	You agree to defend, indemnify, and hold harmless Instacart, its affiliates, and Third-Party Providers from and against any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your election of Unattended Delivery.
		258	You may opt out of Unattended Delivery at any time by updating your delivery preferences or contacting customer support.
		259	No Medical Advice.
		260	Instacart does not provide medical advice, diagnosis, or treatment.
		261	No pharmacy–patient or physician–patient relationship is created through your use of the Services.
		262	We encourage you to consult your healthcare provider or pharmacist with any medical questions.
		263	Household Prescriptions.
		264	If you use the Services to order a prescription drug product for a child or another household member, you represent and warrant that your intention is only to transfer the medication to the ultimate consumer for their use and that you have authority to order on behalf of such person.
		265	Communications.
		266	Any questions about a prescription drug product you order through the Services must be handled by telephone.
		267	Please contact the dispensing pharmacy directly.
		268	Retailers (including pharmacies) and/or Instacart may send you unencrypted SMS messages, push notifications, or other electronic notices about your prescription orders.
		269	There is some risk that these messages could be read by unintended third parties.
		270	By using the Services to order prescription drug products, you waive and release any claims (to the maximum extent permitted by law) against Instacart, our affiliates, and Third-Party Providers for any harm or damage arising out of or related to these communications.
		271	IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. 2.3. Other Age-Restricted Products Compliance with Law.
		272	You agree to follow all laws and regulations that apply to age-restricted product purchases (for example, spray paint or dextromethorphan) and deliveries, and not cause Instacart or any Third-Party Provider or Retailer to violate those laws.
		273	The minimum age requirements vary based on the product(s) and jurisdiction(s).
		274	Age Requirements.
		275	By placing an order for age-restricted products you confirm that both you and the Recipient (if different) are of legal age in the delivery location to purchase, possess, use, and/or consume the product.
		276	Verification at Delivery.
		277	When age-restricted products are delivered by a Third-Party Provider: The Recipient must show valid government-issued photo identification proving age.
		278	The Third-Party Provider will electronically scan the ID.
		279	The Third-Party Provider may require the recipient’s signature.
		280	The recipient must not show any signs of intoxication when receiving the delivery.
		281	Restricted products may not be purchased for resale or for anyone who is not of legal age.
		282	If verification requirements are not met, the age-restricted products will not be delivered and the age-restricted product portion of the order will be canceled.
		283	Restricted Delivery Locations.
		284	Instacart does not allow delivery to certain types of establishments.
		285	You're responsible for ensuring that delivery is allowed to the delivery address.
		286	Please see the Help Center for a complete list of establishments to which delivery is prohibited.
		287	No Substitutions.
		288	Special requests or substitutions for age-restricted products are not permitted.
		289	Age-restricted products may only be ordered from the catalog available on the Services at the time of checkout. 2.4. SNAP/EBT Eligible U.S. customers can use a valid EBT card to pay for SNAP-eligible food items on Instacart.
		290	Availability varies by Retailer and geography.
		291	Other rules and limits apply.
		292	Your Authorization.
		293	By providing your EBT card information, you represent and warrant that you are legally authorized to use that card and you authorize us to use the information to provide the Services.
		294	If the card information cannot be verified, is invalid, or otherwise not acceptable, we may suspend or cancel your access to the Services.
		295	Eligible Items.
		296	SNAP EBT funds may only be used for eligible food items.
		297	SNAP eligibility is determined by the U.S. Department of Agriculture.
		298	You can learn more here .
		299	Payment Methods.
		300	When you link an EBT card to your Instacart account, you confirm the card information is current and valid.
		301	You must also link a credit or debit card to cover fees, taxes, delivery tips, and any other non-EBT eligible items.
		302	Instacart does not accept EBT cash.
		303	How to Use SNAP/EBT On Instacart .
		304	If you have questions about using your SNAP EBT card on Instacart please see: https://www.instacart.com/help/article/ebt-snap-overview . 2.5. Gift Cards Instacart offers currency-denominated digital and physical gift cards that can be redeemed for eligible goods and services only on Instacart’s website and apps, and on certain Retailers’ “white label” sites that are powered by Instacart (“Gift Cards”).
		305	Gift Card Terms.
		306	When you purchase or redeem a Gift Card, you agree to both these Terms and the Instacart Gift Card Terms & Conditions.
		307	Use of Gift Cards.
		308	Gift Cards cannot be used to pay for an Instacart+ membership fee, unless you purchase an Instacart+ Gift Card for that purpose.
		309	Gift Cards cannot be used for restaurant orders. 2.6. Retailer Memberships Certain Retailers may allow you to purchase memberships through the Services.
		310	If you purchase a Retailer membership through the Services, you are buying it directly from the Retailer, not Instacart.
		311	You will be charged separately by the Retailer, and Instacart is not a party to the membership agreement.
		312	The membership is subject to the Retailer's own terms and conditions, which you should review carefully.
		313	For questions about your membership or account management, contact the Retailer directly. 2.7. Gifts & Orders for Others You may send orders to third-party recipients (“Recipients”).
		314	You’re responsible for any information about Recipients that you share with us.
		315	Recipient Data You Share.
		316	If you provide information about a Recipient to Instacart, you represent that you have obtained all legally required consents or authorizations to share it with us.
		317	This information may include: Contact information (including the Recipient’s name, address, and telephone number); Relationship or association with you (for example, identifying the Recipient as your spouse, friend, or family member); Program participation (such as food security or food assistance benefits); and Preferences, statuses, or other personal information.
		318	Where applicable, you represent that you have obtained any authorizations needed to share Recipient data with us without causing Instacart to become your “Business Associate” under the Health Insurance Portability and Accountability Act (HIPAA).
		319	Communications with Recipients.
		320	If you provide a Recipient’s contact information, you represent that you have obtained their consent for Instacart to send them communications (including emails, texts, calls, or push notifications).
		321	These may include automated or prerecorded messages sent by or on behalf of Instacart or Third-Party Providers.
		322	Message and data rates may apply, and we are not responsible for delayed or undelivered messages.
		323	Use of Recipient Data.
		324	We use Recipient data in the ordinary course of business.
		325	We are not responsible or liable if you or anyone else fails to obtain proper consent or authorization from a Recipient. 3.
		326	Instacart+ (Membership) Instacart+ is a paid membership program that waives certain delivery fees on qualifying orders.
		327	Memberships may renew automatically unless canceled, depending on your membership type.
		328	Membership fees are fully earned upon payment and non-refundable except as expressly described below.
		329	Core Benefits.
		330	With Instacart+, the delivery fee is waived when you place an eligible order from a Retailer through the Services, subject to the limitations below.
		331	The eligible order minimum shall not exceed $35.
		332	You can confirm availability of additional benefits and view additional benefit terms in the Help Center .
		333	What Instacart+ Doesn't Include.
		334	Instacart+ benefits are not available on all Instacart Services, including Groceries Powered by Instacart (embedded partner experiences); select locations, prescription medication orders, and pickup orders; Restaurant delivery fee waivers (where available) are discretionary and not a guaranteed benefit of the program; Benefits may differ on Retailer-powered sites; Instacart+ does not guarantee faster delivery times, priority or guaranteed time slots.
		335	Other charges still apply (including service fees, surcharges (e.g., fuel surcharges), priority fees, direct-to-consumer shipping, long-distance, regulatory, bag, special handling, taxes, tips); Restrictions may apply when combined with other offers.
		336	AUTOMATIC RENEWALS .
		337	UNLESS YOU CANCEL, YOUR INSTACART+ MEMBERSHIP WILL AUTOMATICALLY RENEW FOR THE MONTHLY OR ANNUAL TERM YOU SELECTED, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO AN ACTIVE PAYMENT METHOD ON FILE IN YOUR ACCOUNT AT THE TIME OF RENEWAL (WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW).
		338	YOU AUTHORIZE US TO CHARGE ANY ACTIVE PAYMENT METHOD ON FILE FOR EACH RENEWAL TERM UNLESS YOU CANCEL BEFORE THE RENEWAL DATE.
		339	AUTO-RENEWAL TERMS MAY VARY DEPENDING ON YOUR MEMBERSHIP TYPE.
		340	Billing dates.
		341	Your billing date depends on the subscription type you select and is shown on your “Your Instacart+ Membership” page.
		342	You will be charged within 24 hours of the billing date indicated on the “Your Instacart+ Membership” page.
		343	Billing dates may shift in certain circumstances (for example, due to holidays, technical issues, or payment processing issues).
		344	Payment methods.
		345	If your payment details change, your card issuer may provide us with updated information, which we may use to prevent interruption of your membership.
		346	You must keep billing information truthful and accurate and represent that you are authorized to use the payment method.
		347	To opt out of card-updater services, contact your card issuer.
		348	Failed payments.
		349	If a payment is declined or not successfully made, you remain responsible for all amounts due.
		350	We may retry an authorized payment method and may suspend your access to the Services, including Instacart+, until a valid payment method is successfully charged.
		351	Cancellation & Refunds.
		352	You can cancel your membership at any time through your “Your Instacart+ Membership” page by following the “ Cancel Membership” link .
		353	Instructions for managing your membership are available in the Help Center .
		354	Annual memberships: If canceled within the first 5 calendar days of a paid term or renewal, you may receive a refund of the membership fee—but only if you have not used Instacart+ benefits during that period.
		355	Annual memberships canceled after the 5-day window are non-refundable, unless a refund is required by applicable law in the jurisdiction where you reside.
		356	Monthly memberships: Monthly membership fees are not refundable.
		357	If you cancel, you can continue to use benefits until the end of the paid term, and your membership will not auto-renew.
		358	Third-party purchases : Certain purchases or subscriptions made through third-party partners while using your Instacart+ membership may not be eligible for refund.
		359	If a third-party purchase is refundable, the third party (not Instacart) is responsible for processing the refund.
		360	Trials & Promotions.
		361	Trial or promotional memberships may be offered to select users.
		362	These additional benefits or features may not be available to all subscribers and may be subject to additional terms referenced in the offer terms or included in the Instacart+ Promotional Terms and Conditions .
		363	Only one trial/promo per household; not combinable with other offers.
		364	At the end of a trial/promo, we automatically charge your payment method unless you cancel first.
		366	Fee Changes.
98	We may change other terms or conditions applicable to Instacart+ from time to time.	369	If you do not wish to accept the new fee, you may cancel before the new rate takes effect.
99	Any new or renewed memberships will be subject to the terms of service active at that time and displayed when you sign up for Instacart+.	370	Membership Changes.
100	Instacart may also make such changes with respect to current Instacart+ memberships.	371	We may also change other membership terms with notice, including benefits and program features, fees, renewal and payment terms, cancellation and refund policies, trial and promotional terms, and eligibility and usage policies.
101	In that case, Instacart will provide you with notice of the changes and when those changes will take effect.	372	If you disagree, you may cancel before the changes take effect.
102	If you disagree with the changes to your current Instacart+ membership terms of service, you may cancel your membership.	373	Additional perks or features may be offered, but they are not guaranteed, may vary by user, and may be modified or ended at any time.
103	From time to time, Instacart may offer additional benefits or features to Instacart+ subscribers.	374	Non-Transferable.
104	These additional benefits or features may not be available to all subscribers and may be subject to additional terms referenced in the offer terms or included in the Instacart+ Promotional Terms and Conditions .	375	Your membership may not be transferred or assigned.
105	Instacart reserves the right to modify or terminate any additional benefits or features at any time and you agree that such additional perks or benefits are not guaranteed as part of your membership.	376	Personal Use Only.
106	Your Instacart+ membership cannot be transferred or assigned.	377	Instacart+ memberships are for personal, non-commercial, household use only.
107	Instacart reserves the right to accept, refuse, or cancel your Instacart+ membership at any time in its sole discretion. 4.	378	You may not use an Instacart+ membership for any commercial purpose, including but not limited to: reselling goods purchased through the Services, operating a drop-shipping business, bulk purchasing for business operations, or any other commercial or business-to-business use.
108	Coupons, Promotions and Credits You may have access to promotion codes, discounts, coupon codes, and offers (“Coupons”) that may provide a benefit to you when making a purchase using the Services.	379	We may suspend or cancel memberships used for commercial purposes.
109	Coupons are available for a limited time only and may be subject to certain restrictions and subject to related manufacturers’ or retailers’ terms.	380	For information about Instacart+ membership options for your business, visit instacart.com/business or contact the Instacart Business sales team .
110	Coupons are subject to change, cancellation, or expiration at any time, and to the terms and conditions of the relevant coupon offeror.	381	Our Rights .
111	If you do not purchase the qualifying items added to your cart while the coupon is still in effect, the coupon’s offer will not apply.	382	Instacart reserves the right to accept, refuse, or cancel any membership at any time in its sole discretion. 4.
112	Coupons are only valid when applied to qualifying items displaying the offer and may not be combined with other promotional offers or mail-in rebates.	383	Access & Responsible Use You must use the Services lawfully, safely, and respectfully.
113	Instacart is not a retailer or seller.	384	This section explains your responsibilities when using the Services and the rules that apply to your access. 4.1. Access & Eligibility Your Responsibility.
114	You are responsible for, and you are required to pay any applicable tax or levy of any kind related to your use of the coupon and you acknowledge that Instacart has no obligation for payment of any such tax or levy of any kind in conjunction with the distribution or use of such coupons.	385	You may need to create a user account to use certain features.
115	When coupons are redeemed, sales tax may be charged on the undiscounted original price of the product(s).	386	You’re responsible for all activity conducted through your account or associated with your use of the Services, including any orders placed and any activity conducted by any person or system you authorize, permit, enable, deploy, delegate to, or otherwise cause to access or use the Services.
116	If you return any of the products purchased with a coupon, the coupon discount or value will be subtracted from the return credit.	387	Keep your access credentials secure and notify us promptly if you suspect unauthorized use.
117	Coupons may not be sold, copied, modified, or transferred.	388	Eligibility & Authority.
118	Coupons have no cash value and may be limited to one per user unless otherwise disclosed.	389	By using the Services, you represent that you are of legal age in the jurisdiction in which you reside to form a binding contract with Instacart.
119	Coupons are only good while supplies last and are void where restricted or prohibited by law.	390	If you use the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" means both you individually and the organization.
120	You can find more information about Coupons and other separate promotions that may be available from time to time on Instacart’s website, mobile applications, and retailers’ white label sites that are powered by Instacart here .	391	Instacart's Rights.
121	You may also be offered credits to use for purchases through the Services (“Credits”).	392	If we suspect or determine, in our sole discretion, any fraud, tampering, abuse, or violation of these Terms, we may cancel or decline orders, refuse partial or full delivery, restrict or terminate access to accounts or Services, decline or reverse refunds, charge your payment method on file for amounts you owe to Instacart, revoke or terminate incentives or benefits, or take other remedial measures.
122	Unless otherwise stated in the terms applicable to Credits awarded to your account, Instacart reserves the right to modify the expiration date of any Credit upon 30 days email notice to you.	393	Business Use.
123	Instacart reserves the right to cap or adjust the amount of Credit in your account to the extent that your total Instacart credit balance would exceed $1,500 or have more than $2,000 of Instacart credits associated with your account in a single day.	394	If we determine you're using your account primarily for business purposes, we may convert it to an Instacart Business Account, which includes additional benefits designed for businesses.
124	Instacart may restrict your use of Credits to purchase certain items such as alcohol and prescriptions, and may disallow the use of Credits to cover fees, taxes or tips.	395	We'll notify you before any conversion, and you can elect to remain on your current account.
125	Certain credits may not apply to an order if you are also applying a Coupon or another type of credit.	396	Learn more about Instacart Business. 4.2. Acceptable Use, License & Community Standards License to Use the Services.
126	Credits have no cash value.	397	Instacart grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purposes, subject to these Terms and our policies.
127	For more information about Credits, please visit Instacart’s Help Center. 5.	398	This license does not permit automated, programmatic, or agentic access except as expressly authorized under Section 4.4. Community Standards & Law.
128	Instacart Gift Cards Instacart offers currency-denominated digital and physical gift cards that are redeemable for eligible goods and services only on Instacart’s website and mobile applications, and on certain retailers’ white label sites that are powered by Instacart (“Gift Cards”).	399	You agree to comply with all applicable laws, follow the Instacart Community Guidelines for Customers (as updated from time to time), and respect everyone you encounter through the Services—including Third-Party Providers, Instacart personnel, and Help Center staff. 4.3. Platform Security & Data Misuse Technical Restrictions.
129	When you purchase or redeem a Gift Card, you agree to the Terms & Conditions for Instacart Gift Cards as well as these Terms of Service.	400	You—and any person or system you authorize, permit, enable, deploy, delegate to, or otherwise cause to access or use the Services (including household members, employees, contractors, recipients, and any Automated Systems or AI Agents)—must not: Copy or misuse the Services .
130	Generally, Gift Cards and/or Credits cannot be used to pay for the Instacart+ subscription fee, unless you purchase an Instacart+ or Instacart Express Gift Card, as agreed to by you. 6.	401	Copy, modify, distribute, sell, lease, or otherwise exploit any part of the Services or their content beyond what these Terms allow.
131	Retailer Memberships Certain Retailers may allow you to purchase memberships through the Services.	402	Reverse engineer or probe systems .
132	If you purchase a Retailer membership through the Services, you understand that you will be charged separately by the Retailer and that you are purchasing the membership directly from the Retailer and not Instacart and separate terms and conditions provided by the Retailer apply, which you should read carefully.	403	Reverse engineer, decompile, disassemble, tamper with, or otherwise attempt to discover the source code or underlying components of the Services—including by tracking inputs and outputs to mimic or recreate system behavior—unless applicable law expressly allows it despite this restriction or Instacart gives prior written permission.
133	Please note that you will need to contact the Retailer if you have any questions regarding your membership or the management of your account. 7.	404	Interfere with the Services .
134	Transactions Involving Alcohol You may have the option to order alcohol products in some locations and from certain Retailers.	405	Interfere with or disrupt the Services (for example, by introducing malware, bypassing security measures, disabling features, or attempting to overload systems).
135	You agree that you will comply with all applicable laws and not cause Instacart or any Third Party Provider (including any Retailer) to contravene any applicable laws.	406	Bypass technical or compliance controls .
136	If you order alcohol products from a Retailer through the Services, you agree that you are of legal drinking age for purchasing, possessing, and consuming alcohol (i.e., 21 years of age or older in the United States, 18 years of age or older in Alberta, Manitoba, and Quebec, and 19 years of age or older in all other Canadian provinces).	407	Circumvent technical restrictions, access controls, rate limits, challenges, security features, or compliance controls such as age-verification, identity-verification, or geographic restrictions.
137	You also agree that, upon delivery of alcohol products by the Third Party Provider, the recipient will provide to the Third Party Provider valid government-issued identification proving their age, and that Third Party Provider may scan this identification and may require a signature from the recipient.	408	Scrape or harvest data .
138	You also agree that the recipient will not be intoxicated when receiving delivery of alcohol products, and that you will not purchase alcohol with the intent to resell or provide it to someone who is not of legal drinking age.	409	Scrape, crawl, data-mine, collect, harvest, or otherwise access the Services or their content except through interfaces expressly authorized by Instacart for that purpose.
139	If the recipient is unable to present valid photo identification upon delivery, your order will be cancelled.	410	Disregard robots.txt directives.
140	You agree that if any applicable legal requirements for the delivery of alcohol are not met, Instacart reserves the right to cancel the alcohol-related portion of your order.	411	Access the Services using any automated means, crawler, or bot in a manner that circumvents or disregards Instacart's robots.txt file (available at instacart.com/robots.txt), which is incorporated into these Terms by reference and updated from time to time.
141	Special requests or substitutions for the purchase of alcohol products will not be honored; all requests for the purchase of alcohol products must be made through the catalog available through the Services at the time of submitting the order.	412	Misuse data or outputs .
142	Users who purchase alcohol through the Services for delivery by Third Party Providers within the State of Hawaii acknowledge that IT IS ILLEGAL: (1) FOR A PERSON UNDER 21 YEARS OLD TO PURCHASE OR CONSUME LIQUOR, (2) TO USE FALSE IDENTIFICATION TO OBTAIN LIQUOR, (3) TO USE ANOTHER PERSON’S IDENTIFICATION TO OBTAIN LIQUOR, OR (4) TO PURCHASE LIQUOR FOR A PERSON UNDER 21 YEARS OLD.	413	Except as otherwise authorized by Instacart, use the Services—or any data, content, or output made available through them (including information relating to products, pricing, promotions, or users)—to create, train, fine-tune, refine, test, or improve any machine-learning model, large-language model (LLM), or other AI system, including for research, open-source, or non-commercial purposes.
143	(Sections 281-78 & 101.5, Hawaii Revised Statutes).	414	Compete using Service data .
144	All alcohol products ordered through the Services for delivery by Third Party Providers within the provinces of Ontario and Alberta will be delivered by Maplebear Delivery Canada Inc. 8.	415	Use any data, content, or output obtained through the Services to build, enhance, or provide a product or service that competes with or substitutes for any aspect of the Services.
145	Delivery of Prescription Drug Products (Instacart Rx) In certain geographic areas, you may order prescription drug products through Instacart Rx. This service is not eligible for Instacart+ Benefits.	416	Software & Open Source.
146	You agree that Instacart is not a pharmacy and that we make no referrals or recommendations as to which pharmacies you should use for prescription processing.	417	Consistent with these Terms, you may access the Services through downloadable software, which may update automatically on your device.
147	You also agree that you are solely responsible for the selection of the pharmacy dispensing the prescription.	418	Some portions of the Services are governed by open-source licenses.
148	Instacart makes no warranties regarding the quality of the prescription drug products or the services provided by the pharmacy.	419	If a conflict arises between these Terms and an open-source license, the open-source license will control but only with respect to the software, or portion of the software, to which it applies. 4.4. Automated Systems and AI Agents What This Covers. “Automated System” means any software or service that accesses or interacts with the Services through automated or programmatic means, whether directly or indirectly, including bots, scripts, crawlers, agentic browsers, integrations, and AI-powered systems. “AI Agent” means an Automated System that acts autonomously or semi-autonomously on your behalf or at your direction—including by initiating, executing, or adapting actions without real-time human input—and includes any sub-agent or downstream process it invokes.
149	If you have any issues with the processing of your prescription, you should contact the pharmacy directly.	420	All requirements that apply to Automated Systems apply equally to AI Agents.
150	You agree that, upon delivery of prescription drug products by a Third Party Provider, the recipient will provide to the Third Party Provider valid government-issued identification proving their age, and that the Third Party Provider may scan this identification.	421	Assistive Technology.
151	You also agree that the recipient will indicate their relationship to you (if the recipient is not you), and that any prescription drug product ordered through the Services has not been purchased with the intent to resell the prescription drug product or provide the prescription drug product to someone other than to whom it is prescribed.	422	Assistive technologies—such as screen readers, voice control, magnification tools, or similar accessibility aids—that are used by individuals with disabilities to access or interact with the Services in real time for their personal use are not considered Automated Systems under these terms.
152	You also agree that Instacart does not provide any medical advice, diagnosis or treatment, and that neither a pharmacy-patient relationship nor a physician-patient relationship exists between Instacart and you as a result of your use of the Services.	423	Automated Access; Approved Systems Only.
153	We encourage you to consult with your healthcare professional or pharmacist regarding all health-related issues.	424	You may not authorize, permit, enable, deploy, delegate to, or otherwise cause any Automated System to access or operate the Services through your account unless Instacart has expressly authorized that access.
154	By using the Services to order a prescription drug product for a child or other member of your household, you represent and warrant that it is your intention not to consume or use the medication but instead to transfer the medication to the ultimate consumer or user for their consumption.	425	Any authorized Automated System may access or operate the Services only through Instacart-provided interfaces, tokens, and scopes, and only for the specific actions and purposes Instacart expressly permits.
155	IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY. 9.	426	Ethical and Responsible Use.
156	Transactions Involving Other Restricted Products You may have the option to order other restricted products in some locations and from certain Retailers.	427	You may not use or deploy any Automated System in any way that deceives, manipulates, exploits, or otherwise causes harm to the Services or to users, Third-Party Providers, Retailers, or any other person or entity.
157	You agree that you will comply with all applicable laws and not cause Instacart or any Third Party Provider (including any Retailer) to contravene any applicable laws.	428	All automated access must comply with applicable law and these Terms, and must operate transparently, safely, and respectfully.
158	If you order an item that requires delivery certification, you agree the recipient will provide valid government-issued identification which may be scanned by the Third Party Provider proving their identity to the Third Party Provider delivering such products.	429	You are responsible for ensuring that any Automated System acting on your behalf or at your direction complies with applicable law and these Terms.
159	If you order age-restricted products from a Retailer through the Services, you agree that you are of legal age for purchasing, possessing, and/or consuming such age-restricted products and agree that, upon delivery of age-restricted products by the Third Party Provider, the recipient will provide to the Third Party Provider valid government-issued identification proving their age, and that the Third Party Provider may scan this identification.	430	Programmatic Access.
160	You also agree that the age-restricted products have not been purchased with the intent to resell or provide to someone who is not of legal age.	431	Programmatic and automated access to the Services (including APIs, data feeds, webhooks, and SDKs) is subject to separate API Terms, Developer Terms, and licenses.
161	You agree that if any applicable legal requirements for the delivery of age-restricted products are not met, Instacart reserves the right to cancel the age-restricted portion of your order.	432	Any Automated System acting on your behalf or at your direction that you use to access the Services must properly identify and authenticate itself, and you must ensure that such usage complies with those Terms.
162	Special requests or substitutions for the purchase of age-restricted products will not be honored; all requests for the purchase of age-restricted products must be made through the catalog available through the Services at the time of submitting the order. 10.	433	Instacart may limit, tier, suspend, or revoke programmatic or automated access (and update or disable interfaces) at any time for security, policy, business, or legal reasons, with or without notice.
163	SNAP/EBT Instacart allows customers in the U.S. to pay for online orders of Supplemental Nutrition Assistance Program (SNAP) eligible items from select retailers with a valid EBT card.	434	Identification and Transparency.
164	By providing your EBT information, you represent and warrant that you are authorized to legally use the designated payment information and that you authorize us to use that EBT information for the Services.	435	You must ensure that any Automated System that interacts with the Services, or with Instacart, any Retailer, Third-Party Provider, or their respective personnel on your behalf: Clearly identifies itself as an automated system and does not misrepresent its nature, origin, or affiliation, or impersonate any other tool, service, or agent.
165	If the payment information cannot be verified, is invalid or is otherwise not acceptable, the Services may be suspended or cancelled.	436	Does not give false or misleading responses to any prompts or challenges seeking to determine whether it is human, and does not impersonate or attempt to appear as a human user.
166	SNAP Eligible Items You may purchase SNAP eligible items with your EBT card.	437	Discloses that it is an agent and its name by including “Agent/[agent name]” in the user-agent string of all HTTP/HTTPS requests.
167	SNAP eligible items are determined by the U.S. Department of Agriculture.	438	Third-party Tools.
168	You can learn more about shopping for EBT eligible items here .	439	If you connect any third-party Automated System to Instacart, you do so at your own risk.
169	Payment By associating your SNAP EBT card to your Instacart account, you confirm that your card information is current and valid.	440	Such tools may introduce errors and act inconsistently with your intent.
170	In addition, a credit or debit card must also be linked to your Instacart account to cover fees, taxes, delivery tips, and any other non-EBT eligible items you may want to purchase.	441	Instacart is not responsible for data shared with or actions taken by those tools.
171	Currently Instacart cannot accept EBT cash.	442	User Responsibility for Automated Content.
172	To pay for eligible food items on Instacart you can use SNAP EBT funds.	443	You are responsible for any content, data, or instructions submitted to the Services via any Automated System.
173	How To Use SNAP/EBT On Instacart If you have questions about using your SNAP EBT card on Instacart please see: https://www.instacart.com/help/article/ebt-snap-overview 11.	444	Instacart's license to use user content (see Section 5.1) includes content submitted by or through Automated Systems acting on your behalf. robots.txt and Search Indexing Permissions.
174	Third-party Products and Content You agree that Instacart does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services, nor does Instacart assume responsibility for your interactions with any Third Party Provider (including a Retailer).	445	Where Instacart's robots.txt file expressly permits access by a search engine crawler or indexing agent, that permission is granted solely for the purpose of passive search engine indexing.
175	You further agree that Instacart does not warrant or guarantee that any product information contained on the Services, or any result returned from queries made through the Services, whether made using AI powered generative experiences or otherwise, is accurate, complete, reliable, current, or error-free.	446	It does not — expressly or by implication — authorize any Automated System to access those same pages or content for any other purpose, including agentic browsing, interactive or transactional use, AI-assisted functionality, or any other commercial purpose.
176	All health and wellness information, nutritional content, and nutritional information is provided for informational purposes only and is not a substitute for the diagnosis, treatment and advice of a qualified health-care provider.	447	The scope of any robots.txt permission is strictly limited to the specific crawling agent and the specific indexing purpose for which it is granted. 5.
177	Instacart does not warrant or guarantee that any such health, wellness, or nutritional information is accurate, complete, reliable, current, or error-free.	448	Content, Data & AI 5.1. Your Content Your Content.
178	You understand that search results obtained from the Services, whether done through AI powered generative experiences or otherwise, may be the same or similar or vary between different users and at different times, and may not necessarily be identical or consistent.	449	You retain any rights in any content you upload or submit to the Services (such as text, images, video, recipes, lists, or links), but you are solely responsible for that content.
179	You further agree that Instacart does not warrant or guarantee that any material created through any AI powered generative experience does not infringe the rights of any third party in any subsequent use of the content you may make.	450	Your Representations.
180	If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services or you engage with any Third Party Provider, you agree that you do so at your own risk and that Instacart will have no liability based on such purchase, use, access, or engagement. 12.	451	By submitting content, you represent that you either own the content or have the authority to grant us the rights described here, and that your content and the use as contemplated by these Terms does not violate the intellectual property, privacy, or other rights of any third party.
181	Gifts and Orders on Behalf of Third Parties You may have the option to send Instacart orders to third party recipients (“Recipients”).	452	License to Instacart.
182	With respect to such orders, you agree to the following: 12.1 Communications by Instacart: You have the option to provide Instacart with the Recipient’s contact information.	453	You grant Instacart a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, display, modify, distribute, and otherwise use any content you provide to or through the Services (including text, images, prompts, feedback, voice, or other submissions) to operate, secure, and improve the Services and related technologies.
183	By providing the Recipient’s contact information, you are representing to Instacart that you have obtained the consent of the Recipient to share the Recipient’s contact information with Instacart for the purpose of receiving communications from Instacart, including via email, or via text message, calls, and push notifications to the cellular telephone number you provide to Instacart.	454	This includes using such content to maintain functionality, prevent fraud, enhance search and recommendations, and develop, improve, and evaluate machine-learning models or related technologies that support the Services.
184	You understand and agree that the Recipient may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of Instacart.	455	Our Rights.
185	Message and data rates may apply.	456	We may in our sole discretion, for any reason (including without limitation if we believe it violates these Terms, our Community Guidelines, or other policies) remove or disable access to any content you provide.
186	Instacart is not liable for delayed or undelivered mobile messages. 12.2 Sharing Recipient Data: If you chose to provide Recipient information to Instacart, including: Contact information, including a Recipient’s name, address and telephone number; Information that identifies a Recipient’s relationship or association with you; Information about a Recipient’s food security, food assistance, and other benefits or programs in which the Recipient participates; and Information regarding the Recipient’s preferences, statuses, or other personal information; you are representing to Instacart that you have obtained the consent of the Recipient to share this information with Instacart.	457	Feedback.
187	You agree to be responsible for collecting Recipient data and obtaining authorizations to the extent legally required from Recipients for Instacart to use Recipient data to complete the order, including, where applicable, authorizations sufficient for you to share Recipient data with Instacart without Instacart becoming a Business Associate of you, as such term is defined under HIPAA.	458	If you provide feedback or comments, you grant Instacart the right to use them for any purpose without restriction or payment to you. 5.2. AI Features Some parts of the Services use automated systems and means—including large language models, agentic AI, and other AI technologies (“AI Features”)—to generate, summarize, rank, recommend, or assist with information, content, or actions.
188	Instacart has no responsibility or liability for the failure of you, or any third party, to obtain appropriate consent and/or authorization from a Recipient.	459	For rules about using AI Agents to access Instacart, see Section 4.4. Accuracy & Limitations.
189	Instacart will use Recipient data in the ordinary course of its business. 13.	460	AI outputs may be incomplete, inaccurate, outdated, inappropriate, or inconsistent and may change over time.
190	In-Store Features You may have access to certain features on the Services that are intended to be used while shopping in Retailers’ physical store locations, including In-Store Mode and Scan & Pay (“In-Store Features”).	461	They are not a substitute for professional advice (including medical, legal, financial, business, or safety advice).
191	In-Store Mode allows customers to browse items via the Services that are available for purchase in Retailers’ physical store locations.	462	Use your own judgment and verify important information before relying on it.
192	Scan & Pay allows customers to scan and pay for items via the Services accessed on your mobile device while shopping in Retailers’ physical store locations.	463	You are responsible for your use of Outputs and any decisions or actions you take based on them.
193	You acknowledge that, in addition to these Terms, your use of In-Store Features in a Retailer’s store may be subject to that Retailer’s policies and terms and conditions of service (“Retailer Terms”).	464	Variability of Results.
194	Retailer Terms govern issues such as hours of operation, in-store conduct, refunds, returns, and Retailer loyalty programs when using In-Store Features.	465	Results you see—whether from AI Features, search, or recommendations—may differ across users and time and are not guaranteed to be identical or consistent.
195	Retailers provide the prices for In-Store Features.	466	Inputs and Outputs.
196	You acknowledge that Retailers may update pricing in real time, which may not immediately be reflected on In-Store Features and/or result in changes to prices on In-Store Features during your shopping experience.	467	You retain any rights in prompts, queries, and other content you submit to Instacart’s AI Features ("Inputs").
197	You must alert a Retailer employee if there is any discrepancy between an in-store price and a price displayed on In-Store Features.	468	Inputs are part of the content you provide under Section 5.1, and the same license and responsibilities apply.
198	While we work with Retailers to surface in-store offers, such offers including clearance, single-store and in-store only specials, prices, promotions, offers, coupons and discounts may not be available on In-Store Features.	469	Instacart owns all AI-generated content ("Outputs").
199	Certain items available in-store may not be available on In-Store Features.	470	You may use Outputs generated for you for your personal, non-commercial use under these Terms.
200	While using Scan & Pay, you acknowledge and warrant that (ii) you will ensure that any products are correctly scanned by you; (ii) for products that are sold by weight, you will ensure that the products are weighed correctly by you; (iii) you will pay for all products prior to leaving the store; and (iv) you will comply with all laws applicable to your use of the Scan & Pay feature.	471	You do not acquire any ownership interest in Outputs or any rights in the underlying models, algorithms, datasets, or technology used to generate Outputs.
201	If you have any issues with scanning or completing your purchase, you must alert a Retailer employee in the store.	472	Outputs may be similar to content provided to other users.
202	If Instacart is unable to successfully process your payment for your Scan & Pay order, you must complete your transaction at a register.	473	Intellectual Property & Third-party Rights.
203	By using Scan & Pay, you agree to exit the store through the designated Scan & Pay checkout area by scanning your smartphone below the checkout device or such other location as designated by the Retailer, and following the prompts to either proceed to bag check in or exit the store via the designated Scan & Pay exit.	474	We do not promise that Outputs or any AI-assisted results will be free of third-party rights (for example, copyright, trademark, publicity, or privacy rights).
204	You acknowledge that Retailer personnel may conduct checks (including checking of your bags, comparing the items in your bag to your virtual cart, and rescanning some or all items in your bag), or taking other steps to verify proper use of Scan & Pay.	475	You are responsible for your use of Outputs and for ensuring that your use complies with applicable law and these Terms.
205	You agree that if there is a difference between your scan and any re-scan carried out by Retailer personnel, the re-scan will be decisive.	476	Prohibited Uses.
206	If you scan items incorrectly on multiple occasions, in addition to any of our other rights including under these Terms, we may suspend, disable or terminate your ability to use Scan & Pay and/or the Services.	477	In addition to the restrictions in Section 4, you may not use the Services, including any AI Features, any information from them, or Outputs to: deceive, impersonate, mislead, harass, exploit, or cause harm; submit any malicious or infringing content to the AI Features; use automation to collect, infer, or expose other users' personal data, or to bypass consent or notice mechanisms; or violate applicable law or rights of others.
207	Any returns or refunds for products purchased in-store are subject to the Retailer’s refund and return policies, which vary by Retailer.	478	Data Processing.
208	Instacart does not own the media or device on which the Services are downloaded, recorded or stored, but Instacart and its licensors retain ownership of the Services and any images scanned by the application.	479	We may process Inputs, Outputs, and your interactions with AI Features to operate, secure, prevent fraud and abuse, and improve the Services.
209	Images of scanned items may be retained by Instacart to improve our Services. 14.	480	See our Privacy Policy for details, including your choices where available.
210	SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." INSTACART DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON INFRINGEMENT.	481	Third-party Technology Providers.
211	IN ADDITION, INSTACART MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.	482	Some AI Features may be powered by third-party technology providers.
212	INSTACART DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, OR RETAILERS.	483	We may change or substitute providers at any time.
213	YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.	484	Those providers' terms or policies may also apply.
214	THE SERVICES, WEBSITE, AND SOFTWARE ARE SUBJECT TO PERIODIC CHANGES, WHICH MAY BE MADE AT ANY TIME AND WITHOUT NOTICE TO YOU.	485	Beta / Experimental Features.
215	INSTACART DOES NOT GUARANTEE THAT THE SERVICES, WEBSITE, AND SOFTWARE WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICES, WEBSITE, AND SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE.	486	Some AI Features may be offered as beta, preview, experimental, or limited-release.
216	YOU AGREE THAT INSTACART WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SERVICES, WEBSITE, OR SOFTWARE.	487	They may change or be discontinued at any time and are provided "as is" without guarantees, to the extent permitted by law. 6.
217	YOU AGREE THAT NEITHER INSTACART NOR ITS SUBSIDIARIES, AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER.	488	Responsibilities & Limits This section sets the ground rules for warranties, risk allocation, indemnities, IP complaints, and when we or you can end access to the Services. 6.1. Warranties & Disclaimers The Services are provided “as is.” We make no promises about the Services, third parties, or Retailers beyond what is required by law.
218	NEITHER INSTACART NOR ITS SUBSIDIARIES, AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDER.	489	As-is Basis.
219	If you have a dispute with one or more Third Party Providers, you agree to release Instacart (including Instacart’s subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.	490	The Services (including our website and software) are provided “as is” and “as available.” We disclaim all representations, conditions, and warranties—express, implied, legal, or statutory—including implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.
220	Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her must, would have materially affected his or her settlement with the debtor or released party.” U.S. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.	491	Performance Disclaimers.
221	THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.	492	We do not guarantee that the Services, website, or software will be reliable, timely, suitable, available, uninterrupted, error-free, or free of viruses or other harmful components.
222	THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 15.	493	The Services, website, and software are subject to periodic changes that may occur at any time without notice.
223	LIMITATION OF LIABILITY IN NO EVENT SHALL INSTACART (INCLUDING ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF INSTACART OR INSTACART’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.	494	Economic Costs.
224	IN NO EVENT SHALL INSTACART (INCLUDING ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF INSTACART OR INSTACART’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.	495	We are not responsible for any economic losses or costs (for example, loss of data, corruption, downtime, or the cost of substitute services) that may result from your use of the Services.
225	INSTACART, ITS SUBSIDIARIES, AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO INSTACART DURING THE PAST 12 MONTHS IN CONNECTION WITH THE SERVICES.	496	Third-Party Disclaimers.
226	U.S. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN LIABILITIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.	497	We do not guarantee the quality, suitability, safety, or ability of Retailers or Third-Party Providers.
227	THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.	498	You agree that the entire risk arising from your use of the Services, any services provided by Third-Party Providers, or any products requested or delivered to you remains solely with you.
228	THE EXCLUSIONS AND LIMITATIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 16.	499	Release of Claims.
229	Indemnification You agree to defend, indemnify and hold harmless Instacart and its officers, directors, employees, agents, shareholders, subsidiaries, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule, or the Instacart Community Guidelines for Customers ; (ii) any third party’s access to or use of the Services, or any goods made available through the Services, through your Instacart user account, including but not limited to your spouse, dependents, third-party beneficiaries and Recipients; (iii) any dispute or issue between you and any third party, including without limitation any Retailer or other Third Party Provider; or (iv) your subsequent use of any content created by AI powered generative experiences. 17.	500	If you have a dispute with one or more Third-Party Providers, you agree to release Instacart ( including Instacart’s subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from all claims, demands, and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected to such disputes.
230	Dispute Resolution & Arbitration Agreement 17.1. Overview of Dispute Resolution Process: This Section 17 provides for a two-part process for dispute resolution: (1) an informal dispute resolution process directly with Instacart (described in paragraph 17.2, below), and if necessary, (2) a binding arbitration administered by the American Arbitration Association (“AAA”) or ADR Services Inc.	501	To the maximum extent permitted by law, you expressly waive rights under California Civil Code § 1542 (and similar laws), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Savings Clause.
231	(“ADR Services”), depending on where you reside.	502	Some laws (including U.S. federal, state, or provincial laws) do not allow limitations on implied warranties.
232	Notwithstanding these provisions, you and Instacart each retain the right to seek resolution of disputes in small claims court as an alternative to arbitration. 17.2. Mandatory Informal Dispute Resolution: You and Instacart agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome.	503	Where those laws apply, the above disclaimers do not limit your rights.
233	Therefore, before initiating formal proceedings, you and Instacart agree to first attempt to work out any such dispute amicably.	504	These Terms give you specific legal rights, and you may also have other rights that vary by jurisdiction.
234	The initiating party must give notice to the other party in writing of its, his, or her dispute, including a written description of the dispute.	505	The disclaimers above apply only to the extent permitted by law. 6.2. Limitation of Liability To the extent permitted by law, Instacart’s liability for claims relating to the Services is limited, and certain types of damages are excluded.
235	For any dispute you initiate, you agree to provide written notice to: Instacart ATTN: Legal Department 50 Beale Street, Suite 600 San Francisco, CA 94105 Your written description must be on an individual basis and personally signed by you and not by an attorney, agent, or representative.	506	Limitation on Damages.
236	The notice must also provide at least the following information: your name; the email address associated with your account; a detailed description of the nature and basis of the dispute, including any transaction details; and the specific relief sought and how it was calculated.	507	To the fullest extent permitted by law, Instacart and its retail partners, licensors, and suppliers are not liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, or for any damages relating to physical injuries, bodily injury, death, emotional distress, or discomfort.
237	For any dispute that Instacart raises, we will send our written description of the dispute (including the information listed above), signed by an authorized Instacart representative, to the most recent delivery address associated with your account.	508	This includes, for example: loss of data or programs, deletion, corruption, or failure to store information; service interruptions or downtime; the cost of substitute goods or services; and any economic or business losses.
238	The initiating party must allow the other party 60 days to respond and attempt to resolve the dispute amicably before initiating an arbitration or other proceeding per the terms set forth below.	509	This limitation applies regardless of how the claim arises — including from your use of the Services, services provided by Third-Party Providers, or products requested by or delivered to you — even if we have been advised of the possibility of such damages.
239	You and Instacart agree that this informal dispute resolution process is a requirement that must be fulfilled prior to initiating an arbitration or small claims proceeding.	510	Aggregate Cap.
240	The applicable statute of limitations period and any filing fee deadlines shall be tolled from the time the initiating party sends their written notice through the 60 day period set forth above. 17.3. Arbitration Agreement for United States Residents: For residents of the United States, if we’re unable to work out a solution amicably, both you and Instacart agree to resolve through binding arbitration, rather than in court, any dispute, controversy, or claim (each, a “Claim”) arising at any time, including but not limited to those arising out of or relating to: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications and/or any information contained on the Services; (iii) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services and any consumption or use of those goods and services; (iv) any other aspect of your relationship or transactions with Instacart as a consumer; or (v) Third Party Disputes (as defined in Section 17.4 below) (the “Arbitration Agreement”).	511	The total aggregate liability of Instacart and its retail partners, licensors, suppliers, and distributors for all claims related to the Services, any services provided by Third-Party Providers, or any products requested by you or delivered to you will not exceed the greater of $100 or the amounts paid by you to Instacart during the 12 months before the claim.
241	This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms. 17.4. Application to Third Parties: This Arbitration Agreement shall be binding upon, and shall include any dispute, controversy, or claim brought by or against any third parties where the underlying claims arise out of or relate to your use of the Services or any use of your Instacart user account (“Third Party Disputes”).	512	Savings Clause.
242	Third Party Disputes shall include any dispute, controversy, or claim by or against any Retailers, Third-Party Providers, Instacart’s vendors and service providers including without limitation: payment processors, partners assisting in fraud prevention, companies advertising through the Services, partners with whom we work for advertising measurement, attribution and/or analytics, and companies that offer co-branded services or products, as well as your spouses, heirs, third-party beneficiaries and assigns..	513	Some laws (including U.S. federal, state, or provincial laws) do not allow the exclusion or limitation of certain liabilities.
243	For avoidance of doubt, a Claim under this Arbitration Agreement includes all claims or disputes between you and any Retailer arising out of or related to the Services performed under this Agreement and/or services in connection with any white label sites that are powered by Instacart. 17.5. Exceptions to Arbitration Agreement: Notwithstanding this mandatory Arbitration Agreement, you and Instacart each retain the right: (a) to assert claims in small claims court, so long as the claims qualify and the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and, (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party’s intellectual property rights.	514	Where those laws apply, the above limitations do not limit your rights.
244	If a Claim qualifies for small claims court but a party commences an arbitration proceeding, you and Instacart agree that either party may elect instead to have the Claim resolved in small claims court, and upon written notice of a party's election, the arbitration proceeding will be administratively closed.	515	These Terms give you specific legal rights, and you may also have other rights that vary by jurisdiction.
245	Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. 17.6. Jury Trial Waiver: TRIAL BY JURY WAIVER: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND INSTACART ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. 17.7. Class, Collective, and Representative Action Waiver: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND INSTACART ARE EACH WAIVING THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN, EITHER AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING.	516	The exclusions and limitations above apply only to the extent permitted by law. 6.3. Indemnification You’re responsible for your use of the Services.
246	YOU ALSO ACKNOWLEDGE AND AGREE THAT, UNLESS YOU AND INSTACART OTHERWISE AGREE IN WRITING, ANY ARBITRATION OF ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.	517	If your actions—or those of people using your account—cause problems, you agree to protect Instacart from related claims and costs.
247	YOU FURTHER ACKNOWLEDGE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY IN YOUR FAVOR AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY YOUR INDIVIDUAL CLAIM(S), AND ANY RELIEF AWARDED CANNOT AFFECT OTHER INSTACART USERS.	518	You agree to defend, indemnify, and hold harmless Instacart and Retailers (and each of their respective officers, directors, employees, agents, and shareholders) from and against any losses, claims, actions, damages, penalties, fines, costs, or expenses (including reasonable attorneys’ and experts’ fees) that arise out of or relate to: Your use or breach .
248	THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION. 17.8. Arbitration Rules and Governing Law: The Federal Arbitration Act, 9 U.S.C. § 1 et seq.	519	Your unauthorized use of the Services or any breach of these Terms, including any actual or alleged violation of law, regulation, or the Instacart Community Guidelines for Customers.
249	(the “FAA”), governs the interpretation and enforcement of this Arbitration Agreement and preempts all state laws to the fullest extent permitted by law.	520	Third-party use of your account .
250	If the FAA is found to not apply to any issue that arises from or relates to this Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence.	521	Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable or that operate on your behalf or otherwise at your direction.
251	Except as described below for California residents, the arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules”) in effect at the time the arbitration demand is made.	522	Disputes with third parties .
252	The Rules are available at www.adr.org .	523	Any dispute or issue between you and a third party (including any Retailer or Third-Party Provider).
253	In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall apply.	524	Use of AI Outputs .
254	The Parties agree to submit to the jurisdiction of a single neutral arbitrator (the “Arbitrator”) selected in accordance with the Rules.	525	Your subsequent use of content generated by AI Features. 6.4. Intellectual Property Policy Using the Services does not give you rights in Instacart’s intellectual property, and we respect the rights of others.
255	The Arbitrator will decide the rights and liabilities, if any, of you and Instacart.	526	Our Rights.
256	The Arbitrator will have the authority to award the same damages and relief on an individual basis that a judge in a court of law can award to an individual.	527	Using the Services does not give you the right or license to frame, use, copy, reproduce, or display any of Instacart's copyrighted material, trademarks, service marks, patents, or other proprietary rights, except as expressly permitted in writing by Instacart.
257	The Arbitrator shall follow the applicable law.	528	Our Policy.
258	The Arbitrator’s decision is final and binding on you and Instacart.	529	Instacart respects the intellectual property rights of others.
259	Except as otherwise expressly provided herein, you and Instacart agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable.	530	We have implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.
260	The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.	531	We will respond to valid infringement notices and, at our sole discretion and without notice, may terminate users who repeatedly infringe or violate others’ intellectual property rights.
261	The arbitration will be held in the United States county where you live or use the Services, or a location you and Instacart mutually agree upon in writing.	532	Copyright Complaints.
262	If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Instacart submit to the arbitrator, unless the arbitrator determines that a hearing is necessary.	533	If you believe content available on the Services infringes your copyright, send a written notice to our designated Copyright Agent (contact information below).
263	If your claim exceeds $10,000, your right to a hearing will be determined by the Rules.	534	Your notice must include: An electronic or physical signature of the copyright owner or authorized agent; A description of the infringing material and how to locate it on the Services (for example, URL); Your full contact information (name, title, address, phone number, email); Letter of Authorization from the brand or content owner; A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
264	The Rules will govern the payment of all filing, administrative or arbitrator fees associated with arbitration (“Arbitration Fees”) and each party will be responsible for their own Arbitration Fees under those Rules or to the maximum extent permitted by law.	535	Trademark Complaints.
265	Notwithstanding the foregoing, either party may make a request for and will be entitled to an award of reasonable attorneys’ fees and costs–including but not limited to any Arbitration Fees–if the Arbitrator finds that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, within the meaning of Federal Rule of Civil Procedure 11 or a state or local equivalent.	536	If you believe content available on the Services infringes your trademark, send a notice to our Copyright Agent (contact information below).
266	For California residents, the arbitration shall be administered by ADR Services, Inc.	537	Please include as much detail as possible so we may respond quickly, such as: A description of your trademark(s); Registration number(s); Your full contact information (name, title, address, phone number, email); Letter of Authorization from the trademark owner; Electronic or physical signature of the trademark owner or authorized agent; Description of the allegedly infringing products or services and where those products/services appear on the Services.
267	(“ADR Services”) under its Arbitration Rules (the “ADR Services Rules”) in effect at the time the arbitration demand is made.	538	Contact information for IP notices: Instacart ATTN: Copyright Agent 50 Beale St., Suite 600 San Francisco, CA 94105 copyright@instacart.com 6.5. Termination & Suspension Your Right to Stop.
268	The ADR Services Rules are available at: https://www.adrservices.com/services/arbitration-rules/ .	539	You may stop using the Services at any time and without notice to us.
269	In the event of any conflict between the ADR Services Rules and this Arbitration Agreement, this Arbitration Agreement shall apply.	540	Our Rights.
270	For California residents, the Parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the ADR Services Rules (the “ADR Arbitrator”).	541	We may suspend or terminate your access to the Services, or stop offering all or part of the Services, at any time and without notice, for any reason or no reason.
271	The ADR Arbitrator will decide the rights and liabilities, if any, of you and Instacart.	542	Effect of Termination.
272	The ADR Arbitrator will have the authority to award the same damages and relief on an individual basis that a judge in a court of law can award to an individual.	543	Termination does not affect any rights or obligations that arose before termination.
273	The ADR Arbitrator shall follow the applicable law.	544	Provisions that by their nature should survive termination will continue to apply, including Sections 4-8. 7.
274	The ADR Arbitrator’s decision is final and binding on you and Instacart.	545	Dispute Resolution & Arbitration Agreement This Section explains how disputes between you and Instacart are resolved.
275	For California residents, except as otherwise expressly provided herein, you and Instacart agree that the ADR Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable.	546	All users must first follow the informal dispute resolution process in Section 7.1. If a dispute remains unresolved, it is subject to the Arbitration Agreement in Section 7.2 (U.S. residents) and Section 7.3 (Canadian residents, where permitted under the laws of your province or territory).
276	The ADR Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.	547	The arbitration provisions in Sections 7.2 and 7.3 are collectively referred to as the “Arbitration Agreement.” 7.1. Informal Dispute Resolution Before you or Instacart can start arbitration or go to court, the side raising the dispute must send a written notice and allow at least 60 days to try to work things out, except where prohibited by applicable law in the jurisdiction where you reside (“Informal Dispute Resolution”).
277	For California residents, the arbitration will be held in the California county where you live or use the Services, San Francisco, California, or any other location you and Instacart mutually agree upon in writing.	548	Good Faith Requirement .
278	For California residents, the ADR Services Rules will govern the payment of all filing, administrative or arbitrator fees associated with arbitration (“ADR Services Arbitration Fees”), currently summarized on ADR Services website at https://www.adrservices.com/rate-fee-schedule/ , except that Instacart will reimburse you at the conclusion of the arbitration for any ADR Services Arbitration Fees that you pay in excess of the cost to file the dispute in a court of competent jurisdiction in the location of the arbitration.	549	You and Instacart agree to make good faith efforts to resolve any dispute through the Informal Dispute Resolution process described in this Section 7.1 before starting any arbitration or court proceeding.
279	Any dispute about the amount or payment of this reimbursement shall be resolved by the Arbitrator.	550	Notice of Dispute.
280	If the Arbitrator finds that you cannot afford to pay ADR Services Arbitration Fees and you cannot obtain a fee waiver from ADR Services, Instacart will pay such fees for you.	551	Whichever side raises the dispute must send the other party a written notice (“Notice”) that includes: their name, telephone number, mailing address, and email address (or, if Instacart is raising the dispute, our contact information); a description of the dispute and the basis for the claims; the remedy they’re seeking and a good-faith calculation of the amount in dispute (requests for injunctive relief or attorneys' fees do not count toward this calculation unless the injunctive relief seeks payment of money); and their individualized personal signature.
281	Notwithstanding the foregoing, either party may make a request for and will be entitled to an award of reasonable attorneys’ fees and costs–including but not limited to any ADR Services Arbitration Fees–if the Arbitrator finds that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, within the meaning of Federal Rule of Civil Procedure 11 or a state or local equivalent. 17.9. Opt-out of Mandatory Arbitration: You can reject and opt-out of this Arbitration Agreement within 30 days of first accepting these Terms by emailing Instacart at arbitration-opt-out@instacart.com with your first and last name and the email address associated with your account and stating your intent to opt-out of the Arbitration Agreement.	552	Each Notice must relate to a single claimant only.
282	Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought. 17.10.	553	Notices may not be submitted on a consolidated, group, collective, or mass basis.
283	Changes to Agreement to Arbitrate: If Instacart changes this Section 17 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice via email as set forth above, within 30 days of the date the change is effective.	554	How to Send a Notice .
284	Rejecting a new change, however, does not revoke or alter your prior consent or any earlier agreements to arbitrate any dispute between you and Instacart and/or its Retailers or other Third Parties identified in Section 17.4. 17.11 Severance of Arbitration Agreement: If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed.	555	For any dispute you raise, send your Notice to: Instacart ATTN: Legal Department 50 Beale Street, Suite 600 San Francisco, CA 94105 For any dispute we raise, we’ll send our Notice to the most recent delivery address on your account.
285	Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement.	556	Informal Dispute Resolution Conference.
286	Notwithstanding the foregoing, if the Class, Collective, Representative Action Waiver above is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction.	557	The party receiving the Notice may request an individual settlement discussion by telephone or video conference during the resolution period (“Conference”).
287	All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration. 17.12.	558	If a Conference is requested, you and Instacart must each fully participate—it is not enough for only lawyers to attend.
288	Survival of Arbitration Agreement: Except as otherwise provided in this Section 17, this Arbitration Agreement will survive any termination of the Terms or of your access to the Services, including under Section 18 or otherwise.	559	If you’re represented by a lawyer, your lawyer may also attend; if your lawyer attends, Instacart may also have counsel present.
289	This Arbitration Agreement will continue to apply even if you or we close your Instacart account. 18.	560	You are not required to retain or be represented by a lawyer to participate in the settlement discussion.
290	Termination You can stop using the Services at any time and without notice to us.	561	If you choose to participate without a lawyer, that will not affect your rights in any way.
291	Similarly, Instacart may terminate access to the Services to you or any other users or stop offering all or part of the Services at any time without notice.	562	Individual Conferences Only.
292	In the event of Termination, Section 1 and Sections 4-22 survive and continue to apply to you. 19.	563	Each Conference covers one dispute only.
293	Controlling Law To the extent permitted by applicable law, these Terms will be governed by the laws of the State of Delaware for residents of the United States and by the laws of the Province of Ontario for residents of Canada (except Quebec), without respect to its conflicts of laws principles, except the Arbitration Agreement, which is governed by the laws outlined in Section 17 of these Terms.	564	Multiple claimants may not participate in the same Conference — even if represented by the same counsel — unless all parties agree.
294	To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 17 (Dispute Resolution & Arbitration Agreement) of these Terms shall be brought exclusively in the federal or state courts of New Castle County, Delaware, USA, for the residents of the United States, and the courts of competent jurisdiction in the City of Toronto for residents of Canada (except Quebec), and you and Instacart consent to the personal jurisdiction of those courts.	565	Resolution Period.
295	For Quebec residents only, to the extent permitted by law, these Terms will be governed by the laws of the Province of Quebec without respect to its conflicts of laws principles.	566	After receiving a compliant Notice, you and Instacart will have 60 days (or longer if you both agree) to try to resolve the dispute, or until completion of any Conference requested under this section, whichever is later.
296	To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 17 (Dispute Resolution & Arbitration Agreement) of these Terms shall be brought exclusively in the courts of competent jurisdiction in the City of Montreal, and you and Instacart consent to the personal jurisdiction of those courts. 20.	567	Tolling.
297	Entire Agreement & Severability These Terms, subject to any amendments, modifications, or additional agreements you enter into with Instacart, shall constitute the entire agreement between you and Instacart with respect to the Services and any use of the Services.	568	During the Informal Dispute Resolution period, any applicable statutes of limitation and filing deadlines will be tolled.
298	If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect. 21.	569	Compliance.
299	No Waiver Instacart’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole. 22.	570	Compliance with this informal dispute resolution process is a mandatory precondition to commencing any arbitration or court proceeding between you and Instacart, except where delay would cause immediate and irreparable harm and the requesting party seeks temporary, preliminary, or emergency injunctive or other emergency equitable relief, or where prohibited by applicable law in the jurisdiction where you reside. 7.2. Arbitration Agreement (United States) If you live in the United States and a dispute is not resolved under Section 7.1, you and Instacart agree to resolve it through binding arbitration instead of in court, except as provided in Section 7.2.3 (Exceptions). 7.2.1. Governing Law The Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., exclusively governs the interpretation and enforcement of this Arbitration Agreement and preempts state laws purporting to govern either procedural or substantive aspects of arbitration to the fullest extent permitted.
300	Assignment You may not assign any of your rights, licenses, or obligations under these Terms.	571	If the FAA is found not to apply to a particular issue, to the fullest extent permitted, that issue will be governed by the law of Delaware, without regard to conflict-of-law rules. 7.2.2. Covered Claims This Arbitration Agreement covers any dispute, controversy, or claim between you and Instacart (together, “Claims”), including Claims that arose or involve facts or conduct that occurred before the Effective Date of these Terms (other than Claims that were already filed in arbitration or court before the Effective Date), as well as any disputes that may arise after the termination of these Terms. “Claims” include disputes arising out of or relating to: these Terms, including their formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability; your access to or use of the Services, including receipt of any advertising or marketing communications and information on the Services; any transactions through the Services, including goods or services purchased or delivered, and any use or consumption of those goods and services; any other aspect of your relationship or transactions with Instacart as a consumer; and any Third-Party Disputes as described in Section 7.2.6. 7.2.3. Exceptions The following types of claims may be brought in court instead of arbitration: Small Claims.
301	Any such attempt at assignment by you shall be void.	572	Qualifying claims may be brought in small claims court, so long as the claims proceed there on an individual (non-class, non-collective, non-representative) basis and remain there.
302	Instacart may assign its rights, licenses, and obligations under these Terms without limitation. 23.	573	If a Claim qualifies for small claims court but a party instead asserts the Claim in arbitration, the other party may elect to have the Claim heard in small claims court instead.
303	Changes to the Terms We may make changes to these Terms from time to time.	574	The election to move a Claim to small claims court must be made before the arbitrator’s initial conference.
304	When Instacart does so, Instacart will post the most current version of the Terms on Instacart’s website and, if a revision to the Terms is material, Instacart will notify you of the new Terms (for example, by email or a notification on the Services).	575	Where such an election is timely made, the arbitration will be administratively closed.
305	Changes to these terms will not apply retroactively.	576	Any dispute about whether a Claim qualifies for small claims court will be resolved by that court, not by the arbitrator.
306	If you do not agree to the modified terms, you should discontinue your use of the Services. 24.	577	Injunctive or Equitable Relief for IP & Proprietary Rights.
307	Intellectual Property Policy Use of the Services does not give you the right or license to frame, use, or reproduce any of Instacart’s copyrighted material, trademarks, service marks, or other proprietary rights or material, or a license to any of Instacart’s patents, except as expressly permitted in writing by Instacart.	578	You or Instacart may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or unauthorized use of intellectual property, confidential information, or other proprietary rights. 7.2.4. Delegation Clause Except as otherwise provided here, you and Instacart agree that the arbitrator, not any court or agency, has exclusive authority to decide disputes about the interpretation or application of the Arbitration Agreement, including the applicability, enforceability, formation, revocability, scope, or validity of this Arbitration Agreement, including whether all or part of it is void or voidable and any threshold arbitrability issues (such as waiver, delay, laches, unconscionability, or estoppel), except that any dispute over whether all or part of Section 7.2.8 (Class, Collective, and Representative Action Waiver) is unenforceable, illegal, void or voidable, or that such section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. 7.2.5. Arbitration Procedures for U.S. Residents Administrator & Rules.
308	Instacart respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws.	579	Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and, where applicable, its Mass Arbitration Supplementary Rules, available at www.adr.org .
309	Instacart will respond to valid notices of copyright or trademark infringement and reserves the right to terminate any users, at Instacart’s sole discretion and without notice, who infringe copyrights or other intellectual property rights.	580	If the AAA Rules conflict with this Arbitration Agreement, this Agreement controls.
310	If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Instacart’s designated Copyright Agent using the contact information listed below.	581	Arbitrator Authority.
311	In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which Instacart may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.	582	A single neutral arbitrator selected in accordance with the AAA Consumer Arbitration Rules will decide the rights and obligations of you and Instacart.
312	Instacart ATTN: Copyright Agent 50 Beale St. Suite 600 San Francisco, CA 94105 copyright@instacart.com If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to Instacart's designated Copyright Agent using the contact information listed above.	583	Location & Format.
313	Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s). 25.	584	Except as provided in Section 7.2.9 (Batch Arbitration), arbitration will take place in the county where you reside, or another location you and Instacart agree on in writing.
314	Contact Information If you have any questions, or comments about these Terms please contact Instacart at: Instacart 50 Beale St. Suite 600 San Francisco, California 94105 legal@instacart.com 1-888-246-7822 For customer service inquiries, please review Your Account Settings, visit Instacart’s Help Center , or call our Community Operations team at 1 (888) 246-7822 .	585	If your Claim is for $10,000 or less, arbitration will be decided on the documents submitted, unless the arbitrator requires a hearing.
315	If you are a California resident, in accordance with Cal.	586	For larger claims, your right to a hearing will be determined by the AAA Rules.
		587	Fees & Fee-shifting.
		588	The AAA Rules govern payment of filing, administrative, and arbitrator fees (“Arbitration Fees”).
		589	Either party may request an award of reasonable attorneys' fees and costs (including Arbitration Fees), and if the arbitrator finds that the other party's claim, cross-claim, or defense was groundless, brought in bad faith or for harassment, or otherwise frivolous under the standard of Federal Rule of Civil Procedure 11 or a state or local equivalent, the arbitrator shall award appropriate attorneys’ fees and costs. 7.2.6. Application to Third Parties This Arbitration Agreement is binding on more than just you and Instacart.
		590	It also covers Third-Party Disputes, meaning any dispute, controversy, or claim arising out of or relating to your use of the Services or your account that involves third parties, to the maximum extent permitted by law.
		591	Third-Party Disputes include claims involving Retailers; Third-Party Providers (including personal shoppers, delivery personnel, or logistics partners); payment processors; partners assisting in fraud prevention; companies advertising through the Services; partners providing advertising measurement, attribution, or analytics; companies offering co-branded services or products with Instacart; and your spouses, dependents, heirs, third-party beneficiaries, or assigns.
		592	These are all intended third-party beneficiaries of this Arbitration Agreement.
		593	For the avoidance of doubt, a Claim under this Arbitration Agreement includes any dispute between you and a Retailer related to the Services or to services in connection with any white label sites that are powered by Instacart. 7.2.7. Jury Trial Waiver TRIAL BY JURY WAIVER: BY ENTERING INTO THESE TERMS, YOU AND INSTACART AGREE TO WAIVE ANY RIGHT TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT.
		594	There is no judge or jury in arbitration, and court review of an arbitration award is limited. 7.2.8. Class, Collective, and Representative Action Waiver Individual Claims Only.
		595	EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY CLAIM BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE BASIS.
		596	ONLY INDIVIDUAL RELIEF IS AVAILABLE, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW.
		597	Arbitrator Authority for Individual Relief.
		598	Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, and only to the extent necessary to address that party's individual claim.
		599	Batch Arbitration and Class-Wide Settlements.
		600	Nothing in this Section limits the Batch Arbitration procedures in Section 7.2.9 or prevents you or Instacart from participating in a class-wide or mass settlement of claims.
		601	Severability of This Subsection.
		602	Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision — not subject to any further appeal or recourse — determines that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), then only that claim or request will be severed from the arbitration.
		603	The severed claim may be litigated in a court of competent jurisdiction. 7.2.9. Batch Arbitration Overview: To increase the efficiency of arbitration, if 25 or more individual arbitration demands (“Demands”) that are substantially similar are filed against Instacart by or with the assistance of the same Claimant’s Counsel, those Demands will be administered in coordinated batches, with one arbitrator and one set of administrative fees per batch as described below (“Batch Arbitration”).
		604	When It Applies.
		605	These Batch Arbitration procedures apply if 25 or more substantially similar individual arbitration Demands are filed against Instacart by or with the assistance of the same law firm, group of law firms, or organization acting together with such counsel (“Claimant’s Counsel”) within a 90-day period.
		606	The AAA may also apply these procedures to Demands filed outside that period if it determines that they involve the same Claimant’s Counsel and are substantially similar.
		607	How Batching Works.
		608	Grouping .
		609	The AAA will administer Demands in batches of 100 Demands per batch.
		610	If between 25 and 99 Demands are filed, they will be administered in a single batch.
		611	To the extent fewer than 100 Demands remain after batching, the remaining Demands will be administered in a final batch.
		612	The AAA will appoint one arbitrator for each batch.
		613	Administration.
		614	Each batch will be administered together for case-management purposes, with one set of administrative fees, one procedural schedule, and no more than one hearing per batch (if any).
		615	The hearing location, if any, will be selected by agreement of counsel to the parties, or if counsel cannot reach agreement, by the arbitrator.
		616	The AAA will administer all batches concurrently to the extent possible.
		617	Individual relief.
		618	Nothing in this Section authorizes any class, collective, or representative arbitration or action of any kind, except as expressly provided here.
		619	Each Demand will be decided on an individual basis, and the final award will specify the relief, if any, awarded to each individual claimant.
		620	No preclusive effect.
		621	A final award in any one batch will have no preclusive effect in any other batch.
		622	Cooperation.
		623	You and Instacart agree to cooperate in good faith with the AAA to implement this Batch Arbitration process, including by paying single administrative fees per batch and taking reasonable steps to reduce the time and cost of arbitration.
		624	Substantially Similar.
		625	Demands are “substantially similar” if they arise out of or relate to the same or similar facts or legal issues.
		626	Disputes About Applicability.
		627	Any dispute regarding the applicability of the Batch Arbitration process will be resolved in accordance with the AAA’s Mass Arbitration Supplementary Rules . 7.3. Arbitration Agreement (Canada) If you reside in Canada and a dispute is not resolved under Section 7.1, the following applies: Application of Law .
		628	The dispute resolution provisions in these Terms apply only to the extent permitted by the laws of your province or territory of residence.
		629	Nothing in these Terms limits or takes away any rights you have under applicable consumer protection or other laws that can't be waived or limited by contract.
		630	Covered Claims.
		631	To the extent permitted by the laws of your province or territory, this Section 7.3 applies to the same disputes described in Section 7.2.2 (Covered Claims), including disputes involving Third-Party Providers and Retailers as described in Section 7.2.6, subject to the exceptions in Section 7.2.3. Arbitration Procedure (Where Permitted).
		632	Where permitted and enforceable under the laws of your province or territory of residence, the dispute will be resolved by binding arbitration on an individual basis as follows: Governing Law: The arbitration will be governed by the arbitration legislation in force in your province or territory of residence; Rules: Unless otherwise agreed, the arbitration will be conducted under the simplified procedure rules of the ADR Institute of Canada, Inc.
		633	(ADRIC), available at http://adric.ca/ .
		634	Seat: The seat of arbitration will be in the province or territory in which you reside.
		635	Unless the parties agree otherwise, the seat will be the capital city of that province or territory, except that for residents of: Ontario, the seat will be Toronto; Quebec, the seat will be Montreal; British Columbia, the seat will be Vancouver; and the territories, the seat will be Toronto, Ontario.
		636	Location: The arbitration may be conducted in person, by telephone, by videoconference, or through written submissions, as permitted by the applicable rules or agreed by the parties.
		637	Arbitrator: The arbitration will be conducted by a single neutral arbitrator, in accordance with the applicable rules.
		638	Individual Claims.
		639	To the maximum extent permitted by applicable law, you and Instacart agree that disputes will be pursued on an individual basis and will not be brought as class, collective, or representative proceedings.
		640	Court Proceedings Where Arbitration Is Unavailable.
		641	Where arbitration is not permitted or enforceable under applicable law, disputes may be brought in the courts identified in Section 8.3. Statutory Rights.
		642	Nothing in these Terms limits your statutory rights, including any right to participate in class or representative proceedings where your provincial law does not allow that right to be waived. 7.4. Arbitration Opt-Out How to Opt Out.
		643	You may opt out of this Arbitration Agreement within 30 days of first accepting these Terms.
		644	To do so, email arbitration-opt-out@instacart.com with: (1) your first and last name; (2) the email address linked to your account; and (3) a clear statement that you intend to opt out of the Arbitration Agreement.
		645	Opt-Out Window.
		646	Your 30-day opt-out window runs from when you first accept these Terms, and does not reset if we update them.
		647	If you opt out within your 30-day window, your opt-out remains effective and you are not required to opt out again when we update these Terms.
		648	Individual Opt-Out Requirement .
		649	Each account holder must submit their own opt-out.
		650	Opt-outs submitted by an attorney on your behalf, or as part of a consolidated, mass, or coordinated submission covering multiple accounts, are not effective.
		651	Effect on Other Arbitration Agreements.
		652	Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may currently have with us — including any previous versions of this Arbitration Agreement that you agreed to and did not timely opt out of, which remain in effect — or any other arbitration agreements you may enter into with us in the future.
		653	Other Terms Still Apply.
		654	Opting out of arbitration does not affect any other part of these Terms, including the Informal Dispute Resolution requirement in Section 7.1 and the provisions on governing law and venue in Section 8.3. 7.5. Changes to this Arbitration Agreement Modifications.
		655	Instacart may modify this Arbitration Agreement in the future.
		656	We will post any updated version on our website at https://www.instacart.com/terms .
		657	If we make a material change to this Arbitration Agreement, we will notify you before the change takes effect.
		658	Your continued use of the Services after any change takes effect constitutes your acceptance of the change.
		659	Effect on Already-Noticed Claims.
		660	A material change to this Arbitration Agreement will not apply to any Claim you had already given us notice of under Section 7 before the change took effect. 7.6. Severability Subject to Section 7.2.8 (Class, Collective, and Representative Action Waiver), if any part of this Section 7 is found to be void or unenforceable, that part will be severed and the remainder will stay in force. 7.7. Survival Except as otherwise provided, this Section 7 will survive termination of these Terms or of your access to the Services.
		661	It will continue to apply even if you or we close your account. 8.
		662	General Provisions This section explains how we may change the Services or these Terms, how you may contact us, and other legal housekeeping provisions. 8.1. Changes to the Services and/or these Terms Changes to the Services.
		663	We may introduce new features, change existing ones, or remove features at any time, without notice.
		664	Changes to these Terms.
		665	We may update these Terms from time to time.
		666	We will post the current version on our website.
		667	If a change is material, we will notify you (for example, by email or in-app notice).
		668	If you do not agree to updated Terms, you should stop using the Services. 8.2. Relationship to Other Agreements If you have more than one agreement with Instacart, these Terms govern your use of the Services as a consumer.
		669	Other agreements you've accepted (such as, for example, the Business Account Terms) may also apply and supplement these Terms for specific programs, features, or services.
		670	If a supplemental agreement conflicts with these Terms, the supplemental agreement controls to the extent of the conflict for the program, feature, or service it governs.
		671	Your Independent Contractor Role.
		672	If you are separately engaged as an Instacart independent contractor, your Independent Contractor Agreement—not these Terms—governs your relationship with Instacart in that capacity. 8.3. Governing Law & Venue (Non-Arbitrable Claims) For any claims that are not subject to arbitration, the following law and venue apply, in each case without regard to conflict-of-law rules: U.S. Residents : Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware Canadian Residents : Residents of Quebec : Quebec law; venue exclusively in the courts of competent jurisdiction in the City of Montreal, Quebec Other Canadian Residents : Ontario law; venue exclusively in the courts of competent jurisdiction in the City of Toronto, Ontario In all cases, you and Instacart consent to the personal jurisdiction of these courts. 8.4. Electronic Records & Signatures By using the Services or creating an account, you agree that we may provide agreements, notices, disclosures, and other communications electronically—for example, by email, in-app message, or push notification.
		673	Your electronic actions—such as clicking "I agree," "Continue," "Sign up," or "Place order"—have the same legal effect as a handwritten signature.
		674	If you prefer not to receive communications electronically, you should stop using the Services.
		675	Where supported, Instacart may accept spoken commands or confirmations (for example, through an approved voice assistant) as your electronic signature, with the same legal effect, to place orders, authorize substitutions, or provide other consents.
		676	You are responsible for all actions taken through voice-enabled features on your account.
		677	We may retain records of voice interactions to document and verify such actions, and to operate and improve the Services. 8.5. Entire Agreement & Severability These Terms (together with any amendments, modifications, or additional agreements you enter into with Instacart) are the entire agreement between you and Instacart regarding the Services.
		678	If a court of competent jurisdiction finds any provision invalid, that provision will be limited to the minimum extent necessary.
		679	The remainder will remain in full force and effect. 8.6. No Waiver If we do not enforce a provision of these Terms, that does not mean we waive the right to enforce it, or any other provision, or these Terms as a whole later. 8.7. Assignment You may not assign your rights, licenses, or obligations under these Terms.
		680	Any attempt to do so is void.
		681	Instacart may assign its rights, licenses, and obligations under these Terms without limitation. 8.8. Contact Information For questions or comments about these Terms, contact us at: Instacart 50 Beale St., Suite 600 San Francisco, CA 94105 legal@instacart.com For customer service, please review your account settings, visit the Help Center, or call 1-888-246-7822.
		682	California residents : Under Cal.
317	Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 N.	684	Code § 1789.3, you may report complaints to the Division of Consumer Services of the California Department of Consumer Affairs, 1625 N.
319	N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254 .	686	N 112, Sacramento, CA 95834, or call 1-800-952-5210 or 916-445-1254.

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