Instacart · Instacart Terms of Service · View original document ↗

Limitation of Liability

Medium severity Medium confidence Explicitdocumentlanguage Common · 267 of 343 platforms
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The liability limitation defines the maximum financial exposure Instacart assumes under the agreement and establishes which damage categories fall outside the scope of recoverable losses. This provision operates as a material term governing the parties' risk allocation for service-related claims.

Interpretive note: Enforceability of the $100 liability cap may vary by jurisdiction; some states may not permit such caps in consumer contracts, and courts may evaluate unconscionability based on the totality of the agreement.

Recent Activity

This document changed recently

Medium May 9, 2026

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 →

Consumer impact (what this means for users)

Under this clause, users seeking damages for claims related to the Terms or Services operate subject to a capped recovery mechanism and cannot recover damages classified as indirect, incidental, special, consequential, or punitive, regardless of the underlying claim's merit. The operative cap is denominated either by prior 12-month payments or $100, whichever amount is greater.

How other platforms handle this

ConvertKit Medium

To the maximum extent permitted by applicable law, Kit shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting ...

Pinterest Medium

To the maximum extent permitted by applicable law, Pinterest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, res...

Hulu Medium

You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

See all platforms with this clause type →

Monitoring

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▸ View Original Clause Language DOCUMENT RECORD
"
To the fullest 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 amounts you paid to Instacart in the 12 months preceding the claim or (b) $100. Instacart is not liable for any indirect, incidental, special, consequential, or punitive damages.

— Excerpt from Instacart's Instacart Terms of Service

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Instacart Terms of Service
Entity
Instacart
Document last updated
May 5, 2026
Tracking information
First tracked
May 10, 2026
Last verified
May 12, 2026
Record ID
CA-P-007886
Document ID
CA-D-00135
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
d08566866b6a1f744a3e2d1b4fc55f342a5a515684d435b1b477e68768b86a06
Analysis generated
May 10, 2026 00:03 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Instacart
Document: Instacart Terms of Service
Record ID: CA-P-007886
Captured: 2026-05-10 00:03:25 UTC
SHA-256: d08566866b6a1f74…
URL: https://conductatlas.com/platform/instacart/instacart-terms-of-service/limitation-of-liability/
Accessed: June 10, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Instacart's Limitation of Liability clause do?

The liability limitation defines the maximum financial exposure Instacart assumes under the agreement and establishes which damage categories fall outside the scope of recoverable losses. This provision operates as a material term governing the parties' risk allocation for service-related claims.

How does this clause affect you?

Under this clause, users seeking damages for claims related to the Terms or Services operate subject to a capped recovery mechanism and cannot recover damages classified as indirect, incidental, special, consequential, or punitive, regardless of the underlying claim's merit. The operative cap is denominated either by prior 12-month payments or $100, whichever amount is greater.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.

Is ConductAtlas affiliated with Instacart?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Instacart.