168 Total
51 High severity
89 Medium severity
28 Low severity

Key Facts · in the document’s own words

What right does Instacart grant users regarding the Arbitration Agreement?
“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...”
Version CA-V-006654, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
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?
“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.”
Version CA-V-006654, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
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.
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 are not liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, or for any damages relating to physical injuries...”
Version CA-V-006654, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
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?
“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...”
Version CA-V-006654, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
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?
“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...”
Version CA-V-006654, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
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?
“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...”
Version CA-V-006654, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
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.
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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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168 provisions
11 featured
26 clause types
51 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
This version captured September 11, 2026 00:24 UTC
Last successful capture October 10, 2026 00:28 UTC
Date stated by the document May 7, 2026 (as printed in this version)
Capture Method Automated scheduled archival capture
Document ID CA-D-000559
Version ID CA-V-006654
SHA-256 (extracted text, extractor v5) 361fcffee31b8f59f22d0f2acbc45ccc3e3571656b17749ff12f126218660d67
Archived bytes SHA-256 (anchor) 75dcbdc8acf3b16432c8f27daaa256eed974693ca2f93c204ffabafcd7ddc4cf
✓ Snapshot stored ✓ Archived bytes anchored (verified Sept. 11, 2026)

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