Instacart Terms of Service (Superseded Capture)

These Terms of Service govern consumer access to Instacart's marketplace platform (operated by Maplebear Inc., a Delaware corporation) in the United States and Canada, covering website and mobile app usage, delivery and pickup orders, Instacart+ membership, AI features, automated system access, and dispute resolution. The agreement states that Instacart acts as a limited agent for ordering and fulfillment but is not the merchant of record, that retailers set their own prices (which may differ from in-store pricing), that Instacart+ membership fees are non-refundable except under narrow conditions, and that users grant Instacart a worldwide, royalty-free, sublicensable license to use submitted content including for machine-learning model development. Notable provisions include an explicit prohibition on using platform data or AI outputs to train competing machine-learning models, a detailed automated systems and AI agent governance framework with HTTP user-agent string disclosure requirements, an unattended prescription delivery waiver that extends to bodily injury and death claims, and a liability aggregate cap of $100 or amounts paid in the prior 12 months. The agreement engages the Federal Arbitration Act for U.S. dispute resolution, CCPA and Canadian provincial privacy frameworks, HIPAA (with specific carve-outs for recipient data sharing), USDA SNAP eligibility rules, the DMCA, and the Telephone Consumer Protection Act (TCPA) through its automated SMS consent provisions. Material compliance considerations include the breadth of the class action and jury trial waiver, the 30-day arbitration opt-out window, and the unattended prescription delivery liability waiver, each of which may face enforceability constraints depending on jurisdiction and applicable consumer protection law.