This analysis describes what Instacart's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The cap means that regardless of the magnitude of harm, Instacart's financial exposure is limited to a fixed floor of $100 or recent payments, which may be far less than actual damages.
Interpretive note: The excerpt contains an ellipsis suggesting intervening text; the full cap provision may include additional conditions or exclusions not visible here.
A reader's potential recovery from Instacart for any claim is limited to whichever is larger: $100 or their total payments to Instacart over the prior 12 months.
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"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paid by you to Instacart during the 12 months before the claim.— Excerpt from Instacart's Instacart Terms of Service (Superseded Capture)
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The cap means that regardless of the magnitude of harm, Instacart's financial exposure is limited to a fixed floor of $100 or recent payments, which may be far less than actual damages.
A reader's potential recovery from Instacart for any claim is limited to whichever is larger: $100 or their total payments to Instacart over the prior 12 months.
ConductAtlas has identified this type of provision across 286 platforms. See the full comparison.
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