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.
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"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bodily injury, death, emotional distress, or discomfort.— Excerpt from Instacart's Instacart Terms of Service (Superseded Capture)
1. REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts engage state consumer protection statutes and common law tort principles. In several U.S. jurisdictions, including California, contractual limitations on personal injury liability may be unenforceable as against public policy under Civil Code provisions. The FTC Act's prohibition on unfair or deceptive practices may apply where liability caps are insufficiently disclosed. Canadian provincial consumer protection statutes may restrict or void certain liability limitations. 2. GOVERNANCE EXPOSURE: High. The combination of a $100 aggregate cap and explicit exclusion of bodily injury and death damages creates significant exposure where third-party delivery incidents result in personal injury claims. The savings clause preserves user rights where applicable law does not permit such limitations, but the default contractual position asserts broad exclusion, and enforceability may require litigation to establish. 3. JURISDICTION FLAGS: California Civil Code provisions on limitation of liability for personal injury create heightened exposure. New Jersey, New York, and Massachusetts have consumer protection frameworks that may restrict similar liability caps. Canadian provinces, particularly Quebec under the Civil Code, may not recognize contractual exclusions of personal injury liability. 4. CONTRACT AND VENDOR IMPLICATIONS: The liability cap applies to claims involving retail partners, licensors, suppliers, and distributors as co-beneficiaries, which may affect indemnification allocation in vendor agreements with retailers and logistics partners. Legal teams reviewing third-party delivery partner contracts should assess whether this contractual cap is consistent with insurance and indemnification obligations negotiated separately. 5. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the bodily injury and death exclusion is adequately disclosed to meet applicable consumer notice standards, particularly for prescription drug delivery and alcohol delivery services where physical harm risks are elevated. Insurance coverage adequacy for third-party delivery incidents should be assessed independently of the contractual liability cap.
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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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