When you submit any content to Instacart (such as photos, reviews, or other materials), you grant Instacart a broad license to use that content, including to train AI systems, on a worldwide, royalty-free basis.
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
The terms authorize Instacart to use content you submit for AI model training, which means user-generated content may contribute to machine learning systems beyond its original submission context.
Interpretive note: The scope of what constitutes user-submitted content versus behavioral or transactional data used for AI training is not fully specified in the excerpt available; application to different data categories may vary.
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.
View change record →User-submitted content such as product photos, reviews, and other materials may be used by Instacart to train AI and machine learning models under this royalty-free, sublicensable license. Users retain ownership of their content but grant Instacart broad rights to use it.
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"By submitting content to the Services, you grant Instacart a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with operating and improving the Services, including for training AI and machine learning models.— Excerpt from Instacart's Instacart Terms of Service
1. REGULATORY LANDSCAPE: This provision implicates the CCPA's restrictions on using personal information for purposes materially different from those disclosed at collection, particularly where user-generated content contains personal information. Emerging state AI transparency and training data laws, including those under consideration in California and Colorado, may require additional disclosure or consent for AI training use cases. The FTC has issued guidance on AI transparency and deceptive practices that may apply to undisclosed secondary uses of consumer data. 2. GOVERNANCE EXPOSURE: Medium. The license is broad and includes sublicensability and transferability, meaning Instacart may pass training rights to third-party AI vendors or affiliates. The AI training use case represents a secondary use of user content that may not have been clearly anticipated by users at the point of submission, creating potential tension with CCPA's purpose limitation principles. 3. JURISDICTION FLAGS: California CCPA creates the highest exposure for the AI training use case, as it may require a separate disclosure or opt-out mechanism if content containing personal information is used to train AI models. The EU AI Act (for any EU-accessible services) and Quebec's Law 25 may impose additional obligations, though the terms state they govern U.S. and Canada services. 4. CONTRACT AND VENDOR IMPLICATIONS: The sublicensability of the content license means third-party AI model providers receiving training data may need to be identified in data processing agreements or vendor assessments. Procurement teams should confirm whether AI training vendors are covered under existing data processing addenda. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should evaluate whether the privacy notice and cookie consent mechanisms adequately disclose the AI training use case for content containing personal information. A data mapping review should confirm which categories of user-submitted content may flow into AI training pipelines and whether consent or opt-out mechanisms are required under applicable law.
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The terms authorize Instacart to use content you submit for AI model training, which means user-generated content may contribute to machine learning systems beyond its original submission context.
User-submitted content such as product photos, reviews, and other materials may be used by Instacart to train AI and machine learning models under this royalty-free, sublicensable license. Users retain ownership of their content but grant Instacart broad rights to use it.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Instacart.