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