Users grant Instacart a worldwide, royalty-free, transferable, sublicensable license to use all submitted content, including text, images, prompts, feedback, and voice submissions, for machine-learning model development and evaluation, in addition to platform operation and improvement purposes.
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 explicitly includes AI prompts, feedback, and voice submissions within the content license scope, and expressly authorizes use of that content for developing and evaluating machine-learning models. The license is transferable and sublicensable, meaning it may be extended to third-party AI technology providers engaged under Section 5.2.
The agreement authorizes Instacart to use all content submitted by users, including prompts entered into AI features and voice commands, for machine-learning model development and evaluation. Under Section 4.4, this license also applies to content submitted through automated systems or AI agents acting on the user's behalf.
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"You grant Instacart a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, display, modify, distribute, and otherwise use any content you provide to or through the Services (including text, images, prompts, feedback, voice, or other submissions) to operate, secure, and improve the Services and related technologies. This includes using such content to maintain functionality, prevent fraud, enhance search and recommendations, and develop, improve, and evaluate machine-learning models or related technologies that support the Services.— Excerpt from Instacart's Instacart Terms of Service (Superseded Capture)
1. REGULATORY LANDSCAPE: This provision engages CCPA data use limitation principles, which require that personal information be used only for the purposes disclosed at collection. The European GDPR's purpose limitation and data minimization principles may apply to EU-resident users accessing the platform through embedded partner experiences. Quebec's Law 25 imposes consent and transparency requirements on commercial uses of personal information for AI development. The FTC has issued guidance on commercial AI training data practices. 2. GOVERNANCE EXPOSURE: Medium. The license scope is broad but is qualified by the phrase 'to operate, secure, and improve the Services and related technologies,' which may function as a use-limitation tether under applicable privacy law. The transferability and sublicensability of the license to third-party AI providers creates data flow dependencies that may require mapping under CCPA service provider and GDPR processor frameworks. 3. JURISDICTION FLAGS: California CCPA may require that AI training use of personal information submitted through prompts or voice interactions be disclosed as a processing purpose and, depending on how the data is used, may trigger opt-out rights. Illinois BIPA may apply if voice submissions constitute biometric data. Canadian users, particularly Quebec residents, may have heightened rights under Law 25 regarding consent for AI processing of personal data. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise accounts should assess whether employee or customer data submitted through Instacart Business features falls within this content license. The sublicensability of the license means third-party AI providers engaged by Instacart may receive user-submitted content for model development purposes, which may require vendor assessment under applicable data processing agreements. 5. COMPLIANCE CONSIDERATIONS: Legal and compliance teams should evaluate whether the content license disclosure satisfies CCPA notice at collection requirements for AI training purposes. Data mapping exercises should trace prompt, feedback, and voice data flows to any third-party AI providers under Section 5.2. Organizations using Instacart for enterprise procurement should review whether submitted content could include confidential business information subject to separate contractual protections.
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This provision explicitly includes AI prompts, feedback, and voice submissions within the content license scope, and expressly authorizes use of that content for developing and evaluating machine-learning models. The license is transferable and sublicensable, meaning it may be extended to third-party AI technology providers engaged under Section 5.2.
The agreement authorizes Instacart to use all content submitted by users, including prompts entered into AI features and voice commands, for machine-learning model development and evaluation. Under Section 4.4, this license also applies to content submitted through automated systems or AI agents acting on the user's behalf.
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