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 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 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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"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 Terms of Service
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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 287 platforms. See the full comparison.
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