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
Regardless of the nature or number of claims, the maximum financial recovery from Instacart and the named parties is limited to the greater of $100 or amounts paid, which may be far less than actual losses.
Interpretive note: The excerpt is truncated by an ellipsis before 'will not exceed,' so the full qualifying language around 'amounts paid' (e.g., a time period or scope) is not visible. The primary cap structure is clear, but secondary conditions on 'amounts paid' cannot be fully verified from the excerpt.
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 →Readers are limited in the total compensation they can recover from Instacart and its retail partners, licensors, suppliers, and distributors for all Service-related claims combined to the greater of $100 or amounts paid.
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"The total aggregate liability of Instacart and its retail partners, licensors, suppliers, and distributors for all claims related to the Services...will not exceed the greater of $100 or the amounts paid...Excerpt from Instacart's Terms of Service
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Regardless of the nature or number of claims, the maximum financial recovery from Instacart and the named parties is limited to the greater of $100 or amounts paid, which may be far less than actual losses.
Readers are limited in the total compensation they can recover from Instacart and its retail partners, licensors, suppliers, and distributors for all Service-related claims combined to the greater of $100 or amounts paid.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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