The agreement prohibits use of any Instacart platform data, content, or outputs to train machine-learning models or LLMs for any purpose, including open-source and non-commercial research, and prohibits use of platform data to build competing products or services.
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 prohibition on AI training to open-source and non-commercial research purposes, which is a notably broad restriction relative to terms that limit prohibitions to commercial use. The prohibition applies to all platform data, including product and pricing information visible to users, not solely proprietary or confidential data.
Interpretive note: Enforceability of the prohibition on non-commercial and open-source AI training uses may vary depending on fair use doctrine and applicable law in specific jurisdictions; this area of law is actively developing.
Under this provision, users are prohibited from using any data, content, or outputs from the Instacart platform, including product information, pricing, and AI-generated outputs, to train machine-learning models or build competing services, regardless of whether the purpose is commercial, open-source, or non-commercial research.
Cross-platform context
See how other platforms handle Prohibition on Data Use for AI Training and Competing Products and similar clauses.
Compare across platforms →"Except as otherwise authorized by Instacart, use the Services—or any data, content, or output made available through them (including information relating to products, pricing, promotions, or users)—to create, train, fine-tune, refine, test, or improve any machine-learning model, large-language model (LLM), or other AI system, including for research, open-source, or non-commercial purposes. Compete using Service data. Use any data, content, or output obtained through the Services to build, enhance, or provide a product or service that competes with or substitutes for any aspect of the Services.Excerpt from Instacart's Terms of Service (Superseded Capture)
1.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
This provision extends the prohibition on AI training to open-source and non-commercial research purposes, which is a notably broad restriction relative to terms that limit prohibitions to commercial use. The prohibition applies to all platform data, including product and pricing information visible to users, not solely proprietary or confidential data.
Under this provision, users are prohibited from using any data, content, or outputs from the Instacart platform, including product information, pricing, and AI-generated outputs, to train machine-learning models or build competing services, regardless of whether the purpose is commercial, open-source, or non-commercial research.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Instacart.