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
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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the arbitrator shall have the exclusive authority to resolve any Dispute relating to the interpretation, scope, applicability, enforceability, validity, or formation of this Arbitration Agreement.
The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement...
ALL DISPUTES CONCERNING THE ARBITRABILITY OF A CLAIM ... SHALL BE DECIDED BY THE ARBITRATOR, except as expressly provided below.
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"you and Instacart agree that the arbitrator, not any court or agency, has exclusive authority to decide disputes about the interpretation or application of the Arbitration Agreement...— Excerpt from Instacart's Instacart Terms of Service
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The clause states: “you and Instacart agree that the arbitrator, not any court or agency, has exclusive authority to decide disputes about the interpretation or application of the Arbitration Agreement...”
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