Provision record
Instacart · Instacart Terms of Service (Superseded Capture) · View original document ↗

Aggregate Liability Cap at $100 or 12-Month Payments

High severity High confidence Explicit document language Common · 287 of 352 platforms

Key Facts · in the document’s own words

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.
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

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Interpretive note: The excerpt contains an ellipsis suggesting intervening text; the full cap provision may include additional conditions or exclusions not visible here.

Consumer impact (what this means for users)

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.

How other platforms handle this

DoorDash Medium

SUBJECT TO THE NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOORDASH'S AGGREGATE LIABILITY UNDER ALL THEORIES OF LAW AND EQUITY...SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO DOORDASH IN THE SIX (6) MONTH PERIOD...

Grubhub Medium

IF YOU ARE A CONSUMER RESIDING IN NEW JERSEY, THE FOLLOWING PROVISIONS OF THIS AGREEMENT DO NOT APPLY TO YOU (AND DO NOT LIMIT ANY RIGHTS THAT YOU MAY HAVE) TO THE EXTENT THAT THEY ARE UNENFORCEABLE UNDER NEW JERSEY LAW...

Venmo Medium

We are liable for making sure that funds credited to you from Tap to Pay transactions are credited to your business profile...solely to the extent we receive such funds from the relevant card scheme, bank acquirer or other third-party

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
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 Terms of Service (Superseded Capture)

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Instacart Terms of Service (Superseded Capture)
Entity
Instacart
Date stated by the document
May 7, 2026
As printed in Instacart’s text (version CA-V-006654), not a ConductAtlas date.
Tracking information
First captured by ConductAtlas
July 11, 2026
Text quoted from version
CA-V-006654, captured Sept. 11, 2026
Record ID
CA-P-071689
Document ID
CA-D-000559
Evidence Provenance
Source URL
Wayback Machine
Archived bytes SHA-256 (version CA-V-006654)
75dcbdc8acf3b16432c8f27daaa256eed974693ca2f93c204ffabafcd7ddc4cf
Analysis generated
July 12, 2026 15:13 UTC
Methodology
Evidence
✓ Excerpt found verbatim in version CA-V-006654 (checked Oct. 5, 2026)
Citation Record
Entity: Instacart
Document: Instacart Terms of Service (Superseded Capture)
Record ID: CA-P-071689
Version: CA-V-006654
Captured: 2026-09-11 00:24:48 UTC
SHA-256: 75dcbdc8acf3b164…
URL: https://conductatlas.com/platform/instacart/instacart-terms-of-service-superseded-capture/provision/CA-P-071689/aggregate-liability-cap-at-100-or-12-month-payments/
Accessed: Oct. 10, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Instacart's Aggregate Liability Cap at $100 or 12-Month Payments clause do?

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.

How does this clause affect you?

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.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.

Is ConductAtlas affiliated with Instacart?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Instacart.