Instacart can change what it charges you for delivery and other services at any time, and some fees vary based on demand — similar to surge pricing — meaning the same order can cost different amounts at different times.
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 provision establishes Instacart's operational authority to adjust its fee structure unilaterally and dynamically. The authorization to vary fees based on demand and order attributes creates a variable pricing mechanism rather than fixed, predetermined rates.
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 →You may pay significantly different fees for the same order depending on time, demand, and factors Instacart does not fully disclose, and the company reserves the right to add new fee categories or change existing ones without prior notice.
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"Instacart may change the fees it charges for the Services, including but not limited to delivery fees, priority fees, service fees (including additional service fees and/or surcharges to help offset specific costs), direct-to-consumer shipping fees, long distance fees (for deliveries outside the delivery area for a Retailer), regulatory-related fees, bag fees, and special handling fees. Instacart may vary certain fees based on demand, order attributes, and/or other factors.Excerpt from Instacart's Terms of Service
(1) REGULATORY FRAMEWORK: Implicates FTC Act Section 5 (15 U.S.C.
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This provision establishes Instacart's operational authority to adjust its fee structure unilaterally and dynamically. The authorization to vary fees based on demand and order attributes creates a variable pricing mechanism rather than fixed, predetermined rates.
You may pay significantly different fees for the same order depending on time, demand, and factors Instacart does not fully disclose, and the company reserves the right to add new fee categories or change existing ones without prior notice.
ConductAtlas has identified this type of provision across 231 platforms. See the full comparison.
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