Instacart+ memberships auto-renew unless canceled before the renewal date. Annual membership fees are refundable only within the first 5 calendar days of a term if no benefits have been used; monthly fees are non-refundable. Instacart may change fees before renewal, with notice, and may update any other membership terms with notice.
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 authorizes Instacart to charge any active payment method on file at renewal, including updated card information provided by card issuers through card-updater services, without requiring re-confirmation. The 5-day refund window for annual memberships is conditioned on zero benefit usage, which may be difficult to satisfy even for a single order placed in the renewal period.
The agreement authorizes automatic renewal charges to any active payment method on file, including card-updater-supplied updated card information. Annual membership fees are non-refundable after 5 calendar days from renewal, and monthly fees are non-refundable at any time; users may cancel Instacart+ at any time through the account management page to prevent future renewal charges.
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"UNLESS YOU CANCEL, YOUR INSTACART+ MEMBERSHIP WILL AUTOMATICALLY RENEW FOR THE MONTHLY OR ANNUAL TERM YOU SELECTED, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO AN ACTIVE PAYMENT METHOD ON FILE IN YOUR ACCOUNT AT THE TIME OF RENEWAL (WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW). YOU AUTHORIZE US TO CHARGE ANY ACTIVE PAYMENT METHOD ON FILE FOR EACH RENEWAL TERM UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. ... Annual memberships: If canceled within the first 5 calendar days of a paid term or renewal, you may receive a refund of the membership fee—but only if you have not used Instacart+ benefits during that period. Annual memberships canceled after the 5-day window are non-refundable, unless a refund is required by applicable law in the jurisdiction where you reside. Monthly memberships: Monthly membership fees are not refundable.— Excerpt from Instacart's Instacart Terms of Service (Superseded Capture)
1. REGULATORY LANDSCAPE: Auto-renewal terms engage the FTC's Negative Option Rule, which requires clear disclosure of auto-renewal terms, affirmative consent, and simple cancellation mechanisms. California's Automatic Renewal Law (ARL, Business and Professions Code Section 17600 et seq.) imposes specific disclosure, acknowledgment, and cancellation requirements. The CFPB has authority over payment authorization practices in subscription services with recurring billing. 2. GOVERNANCE EXPOSURE: Medium. The authorization for Instacart to charge card-updater-supplied payment information without re-confirmation is a standard industry practice but may require disclosure adequacy evaluation under state ARL and FTC Negative Option Rule requirements. The zero-benefit-usage condition for the 5-day annual refund window creates a narrow refund eligibility window that may generate consumer complaints. 3. JURISDICTION FLAGS: California ARL imposes specific clear and conspicuous disclosure requirements for auto-renewal terms at checkout and in confirmation communications. New York, Delaware, and other states have enacted auto-renewal statutes with varying disclosure and cancellation requirements. The agreement's statement that prior notice will be provided 'to the extent required by applicable law' for renewal charges acknowledges jurisdictional variation but does not specify notice mechanisms. 4. CONTRACT AND VENDOR IMPLICATIONS: Third-party Instacart+ purchases through partner platforms are identified as potentially non-refundable through Instacart, with refund responsibility assigned to the third party. Legal teams advising enterprise or B2B clients purchasing Instacart+ in volume should assess refund and cancellation terms in the context of applicable procurement agreements. 5. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether auto-renewal disclosures at checkout and in confirmation communications satisfy FTC Negative Option Rule and applicable state ARL requirements. The card-updater authorization mechanism should be disclosed at the point of payment method enrollment. Fee change notification procedures should be assessed for adequacy under California and other state auto-renewal statutes.
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This provision authorizes Instacart to charge any active payment method on file at renewal, including updated card information provided by card issuers through card-updater services, without requiring re-confirmation. The 5-day refund window for annual memberships is conditioned on zero benefit usage, which may be difficult to satisfy even for a single order placed in the renewal period.
The agreement authorizes automatic renewal charges to any active payment method on file, including card-updater-supplied updated card information. Annual membership fees are non-refundable after 5 calendar days from renewal, and monthly fees are non-refundable at any time; users may cancel Instacart+ at any time through the account management page to prevent future renewal charges.
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