The agreement caps Instacart's total liability for all claims at $100 or 12 months of payments by the user, whichever is greater, and excludes liability for indirect, consequential, and physical injury damages including bodily injury and death, to the extent permitted by applicable law.
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
This provision extends the liability exclusion to cover physical injuries, bodily injury, and death arising from Third-Party Provider services, which may interact with state consumer protection and personal injury statutes that restrict limitation-of-liability clauses in consumer contracts. The savings clause acknowledges that applicable law may limit these exclusions, but the default contractual position asserts broad exclusion of damages.
Interpretive note: Enforceability of the bodily injury and death exclusion varies by jurisdiction; applicable state consumer protection and tort law may limit or void this provision in certain states.
Under these terms, Instacart's maximum financial liability to any user for all claims, including those involving physical harm arising from delivery services, is set at $100 or 12 months of payments. The agreement excludes liability for bodily injury and death to the extent permitted by law.
Cross-platform context
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Compare across platforms →"The total aggregate liability of Instacart and its retail partners, licensors, suppliers, and distributors for all claims related to the Services, any services provided by Third-Party Providers, or any products requested by you or delivered to you will not exceed the greater of $100 or the amounts paid by you to Instacart during the 12 months before the claim. ... To the fullest extent permitted by law, 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physical injuries, bodily injury, death, emotional distress, or discomfort.Excerpt from Instacart's Terms of Service (Superseded Capture)
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This provision extends the liability exclusion to cover physical injuries, bodily injury, and death arising from Third-Party Provider services, which may interact with state consumer protection and personal injury statutes that restrict limitation-of-liability clauses in consumer contracts. The savings clause acknowledges that applicable law may limit these exclusions, but the default contractual position asserts broad exclusion of damages.
Under these terms, Instacart's maximum financial liability to any user for all claims, including those involving physical harm arising from delivery services, is set at $100 or 12 months of payments. The agreement excludes liability for bodily injury and death to the extent permitted by law.
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