170 Total
53 High severity
89 Medium severity
28 Low severity

Key Facts

What right does Instacart grant users regarding the Arbitration Agreement?
Instacart grants users the right to opt out of the Arbitration Agreement within 30 days of first accepting the Terms by emailing arbitration-opt-out@instacart.com.
How may users opt out of the Arbitration Agreement?
Instacart grants users the right to opt out of the Arbitration Agreement within 30 days of first accepting the Terms by emailing arbitration-opt-out@instacart.com.
What is Instacart's total aggregate liability cap to a user?
Instacart caps its total aggregate liability to a user at the greater of $100 or the amounts paid by that user to Instacart in the 12 months before the claim.
On what basis may each party bring claims against the other?
Instacart requires that each party may only bring claims against the other on an individual basis, not on a class, collective, coordinated, consolidated, or representative basis.
Do Instacart and its retail partners, licensors, and suppliers exclude liability for damages relating to physical injuries?
Instacart and its retail partners, licensors, and suppliers exclude liability for indirect, incidental, special, punitive, exemplary, or consequential damages, and for damages relating to physical injuries.
How does Instacart renew Instacart+ memberships?
Instacart automatically renews Instacart+ memberships for the monthly or annual term selected and automatically charges the applicable membership fee unless the user cancels.
Does Instacart automatically charge the applicable membership fee unless the user cancels?
Instacart automatically renews Instacart+ memberships for the monthly or annual term selected and automatically charges the applicable membership fee unless the user cancels.
What must the disputing party send before either party may initiate arbitration or go to court?
Instacart requires the disputing party to send a written notice and allow at least 60 days for informal resolution before either party may initiate arbitration or go to court.
What does Instacart prohibit users from using the Services to create, train, fine-tune, refine, test, or improve?
Instacart prohibits users from using the Services—or any data, content, or output made available through them—to create, train, fine-tune, refine, test, or improve any machine-learning model, large-language model, or other AI system.
What does Instacart require U.S. residents to submit disputes to?
Instacart requires U.S. residents, except in narrow circumstances, to submit all disputes not resolved informally to binding, final arbitration under the Arbitration Agreement in Section 7.
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Summary

These are the rules for using Instacart's platform. Most importantly, U.S. users must resolve disputes through binding individual arbitration rather than in court, though you have 30 days from first acceptance to opt out by emailing arbitration-opt-out@instacart.com. Your Instacart+ membership renews and is charged automatically each term unless you cancel, and refunds on annual fees are only available within the first 5 days if you haven't used any benefits.

Analysis

This document establishes the terms governing user access to and use of Instacart's Services, imposing binding arbitration for U.S. residents (with a 30-day opt-out window), a mandatory 60-day informal resolution period before formal proceedings, and a class and representative action waiver whose enforceability is reserved for judicial determination. Instacart caps its total aggregate liability at the greater of $100 or amounts paid in the 12 months preceding a claim, and excludes indirect, incidental, special, punitive, exemplary, and consequential damages, as well as physical-injury damages, for itself and its retail partners, licensors, and suppliers. The document further requires users to assume all risks of and release all claims arising from Unattended Delivery, to indemnify Instacart and Retailers against losses and expenses connected to user conduct, and prohibits any use of Services or derived outputs to build or improve AI or machine-learning systems. Instacart+ memberships automatically renew and are charged at the applicable rate unless canceled, with refunds of annual fees available only within 5 calendar days of a term start if no Instacart+ benefits were used.

What this means for you

As a user, your ability to sue Instacart in court or join a class action is eliminated by default for nearly all disputes — Instacart's total financial liability to you is capped at the greater of $100 or your payments in the prior 12 months, and indirect or consequential damages are excluded entirely. If you choose Unattended Delivery, you assume all associated risks and waive all related claims against Instacart and its delivery providers. You cannot use anything from the platform to train or improve AI systems. One concrete action available to you: if you want to preserve the right to litigate in court, you must email arbitration-opt-out@instacart.com within 30 days of first accepting the Terms.

Institutional Analysis
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Complete Provision Index

Every distinct legal provision identified in this document. Featured provisions appear above with analysis.

170 provisions
12 featured
26 clause types
53 high severity
Disclosure and Transparency Requirements 1 1 high
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Mapped Governance Frameworks

CFAA
United States Federal
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ePrivacy Directive
European Union
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FAA
United States Federal
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FTC Act Section 5
United States Federal
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Archival ProvenanceSource & Archival Record
Last Captured July 11, 2026 13:48 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000559
Version ID CA-V-004777
SHA-256 ae8ddec1a4b4cdd448758acc355b3f9ed11450c827847cdbe233cdbf85e7dfec
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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