You are prohibited from using anything you get from Instacart — including AI-generated outputs or search results — to build, train, or improve any AI model or competing service, even for non-commercial or research purposes.
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 clause establishes a contractual restriction on downstream use of service outputs for AI model development or competitive purposes. This defines the scope of permissible use beyond the primary service and establishes liability exposure for violations of the specified use restrictions.
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 →This restriction limits how you can use information you receive from Instacart's platform, potentially affecting researchers, developers, and journalists — and creates legal exposure for any user who unknowingly uses Instacart data in AI-adjacent work.
How other platforms handle this
engage in any of the foregoing in connection with the use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any machine learning tool, model, system, algorithm, product or other technology.
You agree not to post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any ...
You may not use our Services for any illegal purpose or in violation of any laws or regulations. You may not use the Services to send money to sanctioned countries or individuals on government watchlists. You may not use the Services for gambling, illegal drugs, weapons, or any other prohibited acti...
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Instacart has changed this document before.
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"You further agree that you will not use the Services or any information contained therein or obtained therefrom, including any output or other information derived from the Services, to directly or indirectly create, train, test, or improve any machine learning, large language, or artificial intelligence models, or similar or competing product, service, or technology (including for research purposes, open source, or other non-commercial use).— Excerpt from Instacart's Instacart Terms of Service
(1) REGULATORY FRAMEWORK: Implicates contract law enforceability questions under the First Amendment (restrictions on use of publicly available information), potential conflict with fair use doctrine (17 U.S.C. §107), and antitrust considerations under Sherman Act §2 if the restriction is used to foreclose competitive market participation. The explicit prohibition on 'open source or other non-commercial use' and 'research purposes' is notable and may face enforceability challenges. (2)
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The clause establishes a contractual restriction on downstream use of service outputs for AI model development or competitive purposes. This defines the scope of permissible use beyond the primary service and establishes liability exposure for violations of the specified use restrictions.
This restriction limits how you can use information you receive from Instacart's platform, potentially affecting researchers, developers, and journalists — and creates legal exposure for any user who unknowingly uses Instacart data in AI-adjacent work.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Instacart.