Captured before automated identity checks (Oct 14, 2026): accurate as of its capture on Sep 11, 2026; our capture on Oct 16, 2026 found the same text, but its identity was not checked by them.
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Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology
“You may opt out of this Arbitration Agreement within 30 days of first accepting these Terms. To do so, email arbitration-opt-out@instacart.com...”
“Except as specifically permitted in section 2.2, orders containing alcohol, prescriptions, or other age-restricted products cannot be left unattended and require ID verification and/or signature upon delivery.”
“The total aggregate liability of Instacart and its retail partners, licensors, suppliers, and distributors for all claims related to the Services...will not exceed the greater of $100 or the amounts paid...”
“EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE BASIS...”
“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...”
“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...”
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.
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.
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.
Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.
We withheld clauses we had published from this document. Each withholding is recorded in our correction log:
“You may opt out of this Arbitration Agreement within 30 days of first accepting these Terms. To do so, email arbitration-opt-out@instacart.com...”
“Except as specifically permitted in section 2.2, orders containing alcohol, prescriptions, or other age-restricted products cannot be left unattended and require ID verification and/or signature upon delivery.”
“The total aggregate liability of Instacart and its retail partners, licensors, suppliers, and distributors for all claims related to the Services...will not exceed the greater of $100 or the amounts paid...”
“EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE BASIS...”
“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...”
“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...”
“Before you or Instacart can start arbitration or go to court, the side raising the dispute must send a written notice and allow at least 60 days to try to work things out...”
“Except as otherwise authorized by Instacart, use the Services—or any data, content, or output made available through them...to create, train, fine-tune, refine, test, or improve any machine-learning model, large-language model (LLM), or other AI system...”
“You may not authorize, permit, enable, deploy, delegate to, or otherwise cause any Automated System to access or operate the Services through your account unless Instacart has expressly authorized that access.”
“To the maximum extent permitted by law, you waive, release, and discharge Instacart, its affiliates, and Third-Party Providers from any and all claims...arising out of or related to Unattended Delivery...”
“FOR U.S. RESIDENTS, EXCEPT IN NARROW CIRCUMSTANCES, ALL DISPUTES BETWEEN YOU AND INSTACART NOT RESOLVED INFORMALLY ARE SUBJECT TO THE ARBITRATION AGREEMENT OF SECTION 7, WHICH REQUIRES BINDING, FINAL ARBITRATION...”
“You agree to defend, indemnify, and hold harmless Instacart and Retailers...from and against any losses, claims, actions, damages, penalties, fines, costs, or expenses...that arise out of or relate to...”
Every distinct legal provision identified in this document. Featured provisions appear above with analysis.
We have not recorded a change to this document since we began capturing it. Monitor includes alerts from a daily check, structured change summaries, and monitoring for up to 20 platforms.
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