Users agree to defend and indemnify Instacart and its retailers against all losses, claims, attorney fees, and expert fees arising from breaches of the terms, third-party use of the user's account (including by AI agents), disputes with retailers or delivery providers, and the user's use of AI-generated content.
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 indemnification obligations to actions taken by AI agents operating on the user's behalf, to disputes with third-party retailers and delivery providers, and to the user's downstream use of AI-generated outputs. The inclusion of 'actual or alleged' violations broadens the indemnification trigger to claims that have not yet been adjudicated.
Interpretive note: Enforceability of consumer-facing indemnification clauses in adhesion contracts varies by jurisdiction and may be limited by unconscionability doctrine in certain states.
Under this clause, users bear financial responsibility for defending Instacart against third-party claims arising from their account activity, including actions taken by automated systems or AI agents they enable, disputes with third-party retailers or delivery providers, and use of AI-generated content from the platform.
Cross-platform context
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Compare across platforms →"You agree to defend, indemnify, and hold harmless Instacart and Retailers (and each of their respective officers, directors, employees, agents, and shareholders) from and against any losses, claims, actions, damages, penalties, fines, costs, or expenses (including reasonable attorneys' and experts' fees) that arise out of or relate to: Your use or breach. Your unauthorized use of the Services or any breach of these Terms, including any actual or alleged violation of law, regulation, or the Instacart Community Guidelines for Customers. Third-party use of your account. Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable or that operate on your behalf or otherwise at your direction. Disputes with third parties. Any dispute or issue between you and a third party (including any Retailer or Third-Party Provider). Use of AI Outputs. Your subsequent use of content generated by AI Features.Excerpt from Instacart's Terms of Service (Superseded Capture)
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This provision extends indemnification obligations to actions taken by AI agents operating on the user's behalf, to disputes with third-party retailers and delivery providers, and to the user's downstream use of AI-generated outputs. The inclusion of 'actual or alleged' violations broadens the indemnification trigger to claims that have not yet been adjudicated.
Under this clause, users bear financial responsibility for defending Instacart against third-party claims arising from their account activity, including actions taken by automated systems or AI agents they enable, disputes with third-party retailers or delivery providers, and use of AI-generated content from the platform.
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