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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Both parties agree that this choice of law agreement is enforceable and waives the right to have a court conduct a conflict of law analysis.
These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions
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"For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, DelawareExcerpt from Instacart's Terms of Service
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The clause states: “For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware”
ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.
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