California law governs these terms, and any non-arbitration disputes must be brought in courts in San Francisco, California.
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
Users outside California are required to litigate non-arbitration disputes in San Francisco federal or state courts, which may create practical barriers to pursuing claims in-person.
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 →For any disputes that fall outside the arbitration clause, users must litigate in San Francisco County courts under California law, regardless of where the user is located. This may create logistical and cost barriers for users in other states or Canada.
How other platforms handle this
These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice o...
These Terms are governed by the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provisions. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Hennepin County, Minnesota.
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"These Terms are governed by the laws of the State of California, without regard to conflict of law principles. For disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.— Excerpt from Instacart's Instacart Terms of Service
1. REGULATORY LANDSCAPE: Forum selection clauses in consumer contracts are subject to enforceability review under federal and state law. Some courts decline to enforce mandatory forum selection in consumer adhesion contracts where the designated forum creates a significant barrier to access to justice. Canadian provincial courts may decline to enforce forum selection clauses that require Canadian residents to litigate in a U.S. jurisdiction. 2. GOVERNANCE EXPOSURE: Low. California governing law and San Francisco forum are standard choices for a Delaware-incorporated, California-headquartered company. The practical impact is limited given that the vast majority of disputes are directed to arbitration, leaving relatively few claims subject to court jurisdiction. 3. JURISDICTION FLAGS: Canadian residents may face enforceability issues with the forum selection clause under provincial consumer protection law, particularly in Quebec, Ontario, and British Columbia, where courts may apply local consumer protection statutes regardless of a contractual choice of law provision. 4. CONTRACT AND VENDOR IMPLICATIONS: For retail and technology partners, the governing law and forum selection terms in customer-facing terms may differ from those in commercial partnership agreements; legal teams should confirm which set of terms governs B2B disputes. 5. COMPLIANCE CONSIDERATIONS: The interaction between California governing law and the Canadian resident provisions of these terms should be reviewed to confirm that the choice of law clause does not override mandatory consumer protection provisions applicable under Canadian provincial law.
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Users outside California are required to litigate non-arbitration disputes in San Francisco federal or state courts, which may create practical barriers to pursuing claims in-person.
For any disputes that fall outside the arbitration clause, users must litigate in San Francisco County courts under California law, regardless of where the user is located. This may create logistical and cost barriers for users in other states or Canada.
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