Instacart's maximum financial responsibility to you for any claim is capped at either what you paid Instacart in the past year or $100, whichever is more.
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
This cap limits the amount users can recover from Instacart for damages arising from use of the services, regardless of the actual harm suffered, subject to applicable law.
Interpretive note: Enforceability of the cap is qualified by 'to the maximum extent permitted by applicable law,' meaning actual recovery limits may vary by jurisdiction and claim type.
Instacart reorganized its Terms of Service effective May 9, 2026, introducing a new table of contents structure with eight primary sections covering introduction, company information, product-specifi…
Under this provision, the maximum amount a user could recover from Instacart in any legal or arbitration proceeding is capped at the greater of fees paid over the prior twelve months or $100. This cap applies to all claims arising from the terms or services, though it is qualified by 'to the maximum extent permitted by applicable law.'
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Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTACART'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID TO INSTACART IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) $100.— Excerpt from Instacart's Instacart Terms of Service
1. REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts are subject to scrutiny under state consumer protection statutes. California's Consumer Legal Remedies Act and similar statutes may limit the enforceability of liability caps in certain consumer contexts. The FTC has indicated that contractual waivers of consumer statutory rights may be considered unfair or deceptive practices in some circumstances. Canadian provincial consumer protection laws may similarly restrict liability caps in consumer contracts. 2. GOVERNANCE EXPOSURE: Medium. The $100 floor is a low absolute cap that could be inadequate for claims involving significant service failures, data breaches, or delivery-related harms. Courts in some jurisdictions have declined to enforce limitation of liability clauses they find unconscionable in adhesion contracts, particularly where the cap is disproportionately low relative to potential consumer harm. 3. JURISDICTION FLAGS: California, New York, and Canadian provinces with strong consumer protection frameworks create the highest exposure for enforceability challenges. The qualifying language 'to the maximum extent permitted by applicable law' acknowledges that the cap may not hold in all jurisdictions, but this acknowledgment shifts the compliance burden to users to understand their local rights. 4. CONTRACT AND VENDOR IMPLICATIONS: For B2B arrangements, this consumer-facing cap may not apply; separate commercial agreements typically govern liability between Instacart and retail or logistics partners. However, procurement teams reviewing Instacart's standard terms for partnership arrangements should confirm which liability framework applies to their specific agreement. 5. COMPLIANCE CONSIDERATIONS: Legal should assess whether the liability cap as applied to data breach or privacy violation claims complies with applicable state breach notification statutes that may provide non-waivable remedies. The interaction between this cap and the arbitration clause's fee structure should also be reviewed to confirm that arbitration filing costs do not effectively exceed the maximum recoverable amount for low-value claims.
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This cap limits the amount users can recover from Instacart for damages arising from use of the services, regardless of the actual harm suffered, subject to applicable law.
Under this provision, the maximum amount a user could recover from Instacart in any legal or arbitration proceeding is capped at the greater of fees paid over the prior twelve months or $100. This cap applies to all claims arising from the terms or services, though it is qualified by 'to the maximum extent permitted by applicable law.'
ConductAtlas has identified this type of provision across 14 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Instacart.