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This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology
“You may opt out of this Arbitration Agreement within 30 days of first accepting these Terms. To do so, email arbitration-opt-out@instacart.com...”
“The total aggregate liability of Instacart...will not exceed the greater of $100 or the amounts paid by you to Instacart during the 12 months before the claim.”
“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...”
“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...”
“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 as otherwise authorized by Instacart, use 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 (LLM), or other AI system...”
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.
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.
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.
Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.
“You may opt out of this Arbitration Agreement within 30 days of first accepting these Terms. To do so, email arbitration-opt-out@instacart.com...”
“The total aggregate liability of Instacart...will not exceed the greater of $100 or the amounts paid by you to Instacart during the 12 months before the claim.”
“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...”
“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...”
“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 as otherwise authorized by Instacart, use 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 (LLM), or other AI system...”
“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.”
“To the maximum extent permitted by law, you waive, release, and discharge Instacart, its affiliates, and Third-Party Providers from any and all claims...arising out of or related to Unattended Delivery...”
“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...”
“You agree to defend, indemnify, and hold harmless Instacart and Retailers...from and against any losses, claims, actions, damages, penalties, fines, costs, or expenses...”
“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.”
Every distinct legal provision identified in this document. Featured provisions appear above with analysis.
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