What can I do about this clause?

{'method': 'WEB_FORM', 'recipient': 'https://www.instacart.com/privacy', 'difficulty': 'MODERATE', 'action_type': 'DELETE_DATA', 'instructions': "Visit Instacart's Privacy Policy page to submit a data deletion request for your personal data, including any content you have uploaded. Note that the perpetual license may survive account deletion per the Terms.", 'deadline_days': None, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has authority under Section 5 of the FTC Act to investigate unfair or deceptive practices related to the use of consumer-uploaded content for AI training without adequate disclosure or compensation.', 'complaint_url': 'https://reportfraud.ftc.gov/'}, {'agency': 'State_AG', 'reason': 'California AG and CPPA have enforcement authority over CCPA/CPRA violations related to the processing and sharing of personal data embedded in user-uploaded content for AI training purposes.', 'complaint_url': 'https://www.naag.org/find-my-ag/'}

What is the severity of this clause?

ConductAtlas classifies this AI Training Content License clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Do other platforms have similar clauses?

Yes. ConductAtlas has identified similar AI Training Content License clauses across approximately 1 other tracked platforms. You can compare how platforms differ on this clause type in the cross-platform comparison view.

AI Training Content License — Instacart

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What it is

Any content you upload to Instacart — such as photos, reviews, or recipes — can be used by Instacart forever, at no cost to you, to train its AI systems and improve its products.

Consumer impact (what this means for users)

Every photo, review, or recipe you upload to Instacart becomes permanently available for Instacart to use in AI training, at no cost, with no ability for you to revoke that right after the fact — meaning your content contributions have lasting commercial value to Instacart beyond your use of the platform.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.

Delete Your Data

Visit Instacart's Privacy Policy page to submit a data deletion request for your personal data, including any content you have uploaded. Note that the perpetual license may survive account deletion per the Terms.

Cross-platform context

See how other platforms handle AI Training Content License and similar clauses.

Compare across platforms →

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Why it matters (compliance & risk perspective)

This provision permanently transfers broad intellectual property rights over your uploaded content to Instacart for AI development purposes, with no compensation and no expiration, even if you later delete your account.

View original clause language

You grant Instacart a non-exclusive, royalty-free, worldwide, transferable, sub licenseable, perpetual license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, or distribute any such content, and to use the content to train, test, or otherwise enhance our machine learning algorithms, for the purposes of operating, providing, and improving the Services.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: Implicates GDPR Articles 6 (lawful basis), 13 (transparency), and 22 (automated decision-making) for EU/EEA users whose uploaded content is processed for AI training; CCPA/CPRA §1798.100 and §1798.140 regarding sale or sharing of personal information embedded in user content; emerging EU AI Act (Regulation 2024/1689) obligations regarding training data transparency and documentation for general-purpose AI models; and copyright law (17 U.S.C. §106) regarding derivative works created from user content. (2)

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Applicable agencies

FTC

The FTC has authority under Section 5 of the FTC Act to investigate unfair or deceptive practices related to the use of consumer-uploaded content for AI training without adequate disclosure or compensation.
File a complaint →
State AG

California AG and CPPA have enforcement authority over CCPA/CPRA violations related to the processing and sharing of personal data embedded in user-uploaded content for AI training purposes.
File a complaint →

Provision details

Document information

Document

Instacart Terms of Service

Entity

Instacart

Document last updated

April 29, 2026

Tracking information

First tracked

April 18, 2026

Last verified

April 27, 2026

Record ID

CA-P-003407

Document ID

CA-D-00135

Evidence Provenance

Source URL

https://www.instacart.com/terms

Wayback Machine

View archived versions →

SHA-256

30a1ef722ca2f269aa634194339403244ed9043a7522c96cae21a5329951e4c8

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: Instacart | Document: Instacart Terms of Service | Record: CA-P-003407
Captured: 2026-04-18 12:44:42 UTC | SHA-256: 30a1ef722ca2f269…
URL: https://conductatlas.com/platform/instacart/instacart-terms-of-service/ai-training-content-license/
Accessed: May 2, 2026

Classification

Severity

High

AI Training Content License