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
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.
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The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim.
The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims.
you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis...
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"You or Instacart may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement...of intellectual property, confidential information, or other proprietary rights.— Excerpt from Instacart's Instacart Terms of Service
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The clause states: “You or Instacart may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement...of intellectual property, confidential information, or other proprietary rights.”
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