162 Total
64 High severity
88 Medium severity
10 Low severity

Key Facts

Can users opt out of the Arbitration Agreement?
Instacart permits users to opt out of the Arbitration Agreement within 30 days of first accepting the Terms by emailing arbitration-opt-out@instacart.com.
How do users opt out of the Arbitration Agreement within 30 days of first accepting the Terms?
Instacart permits users to opt out of the Arbitration Agreement within 30 days of first accepting the Terms by emailing arbitration-opt-out@instacart.com.
What must orders containing alcohol, prescriptions, or other age-restricted products include upon delivery?
Instacart requires that orders containing alcohol, prescriptions, or other age-restricted products cannot be left unattended and must include ID verification and/or signature upon delivery.
Can orders containing alcohol, prescriptions, or other age-restricted products be left unattended?
Instacart requires that orders containing alcohol, prescriptions, or other age-restricted products cannot be left unattended and must include ID verification and/or signature upon delivery.
What is the total aggregate liability of Instacart and its retail partners, licensors, suppliers, and distributors for all claims related to the Services?
Instacart caps the total aggregate liability of itself and its retail partners, licensors, suppliers, and distributors for all claims related to the Services at the greater of $100 or the amounts paid.
Does Instacart cap the total aggregate liability for all claims related to the Services?
Instacart caps the total aggregate liability of itself and its retail partners, licensors, suppliers, and distributors for all claims related to the Services at the greater of $100 or the amounts paid.
May each party bring claims against the other on a class, collective, coordinated, consolidated, or representative basis?
Instacart requires that each party may only bring claims against the other on an individual basis and not on a class, collective, coordinated, consolidated, or representative basis.
Are Instacart and its retail partners, licensors, and suppliers liable for indirect, incidental, special, punitive, exemplary, or consequential damages?
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.
Are Instacart and its retail partners, licensors, and suppliers liable for damages relating to physical injuries?
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.
How does Instacart renew Instacart+ memberships?
Instacart automatically renews Instacart+ memberships for the monthly or annual term selected and automatically charges the applicable membership fee unless the user cancels.
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Summary

This document sets the rules for using Instacart, including how disputes are handled and what Instacart owes you if something goes wrong. Most importantly, U.S. users are required to resolve disputes through binding arbitration rather than court, and you have only 30 days from first accepting the Terms to opt out by email. Instacart's financial liability to you is capped at the greater of $100 or what you have paid, regardless of the issue.

Analysis

Instacart's Terms of Service establish the substantive rights and obligations governing use of its platform, including a mandatory binding arbitration requirement for U.S. residents with a 30-day opt-out window, a class and representative action waiver, and a pre-arbitration 60-day informal resolution period. The document caps Instacart's and its partners' aggregate liability at the greater of $100 or amounts paid and excludes indirect, incidental, special, punitive, exemplary, consequential, and physical-injury damages. Users are prohibited from using the Services or any derived data or content for AI/ML development activities and from enabling Automated Systems to access the Services without Instacart's express authorization. Additional provisions govern Instacart+ automatic renewal and billing, age-restricted delivery logistics, user indemnification of Instacart and Retailers for conduct-related losses, and a release of claims arising from Unattended Delivery.

What this means for you

As an Instacart user, your ability to sue in court or join a class action is effectively replaced by mandatory binding arbitration for nearly all disputes, and you can only sue or arbitrate on an individual basis. If something goes wrong, the most you can recover from Instacart and its partners is the greater of $100 or what you have paid, with no recovery for indirect, consequential, or physical-injury damages. You are also responsible for indemnifying Instacart and Retailers for losses arising from your own conduct, and you release all claims related to Unattended Delivery to the maximum extent permitted by law. If you want to preserve your right to go to court, you must email arbitration-opt-out@instacart.com within 30 days of first accepting the Terms.

Institutional Analysis
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Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.

1 important change detected

2 versions captured · Last updated: May 2026

May 9, 2026

medium
What changed Instacart restructured its Terms of Service on May 9, 2026, reorganizing the document with a new table of contents and section headers (Introduction and Key Points, About Instacart & How It Works, Product & Service-Specific Rules, etc.). The change summary indicates 367 sentences were added and 314 sentences were modified across a document now containing 688 sentences total. Without access to the full content of added and modified language, the operational significance of these changes cannot be determined from the provided diff context, which shows only structural reorganization of existing content.
Why this matters Instacart rewrote its entire Terms of Service, adding 367 new sentences including sections on AI-powered services, updated arbitration procedures, and revised data handling practices. The restructuring makes it harder to compare what changed because the entire document was reorganized.
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Featured, High severity

Complete Provision Index

Every distinct legal provision identified in this document. Featured provisions appear above with analysis.

162 provisions
12 featured
24 clause types
64 high severity
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Mapped Governance Frameworks

FAA
United States Federal
View official text ↗
Archival ProvenanceSource & Archival Record
Last Captured May 9, 2026 01:43 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000135
Version ID CA-V-002344
SHA-256 ae8ddec1a4b4cdd448758acc355b3f9ed11450c827847cdbe233cdbf85e7dfec
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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