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
The indemnification clause allocates legal and financial risk to users by obligating them to cover Instacart's defense costs and damages in disputes where user conduct is the basis for third-party claims, thereby establishing user responsibility for certain categories of corporate liability exposure.
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, users assume the obligation to pay Instacart's legal fees and any damages awarded in cases where Instacart faces claims connected to the user's actions, violations of the agreement, or intellectual property infringement—requiring users to fund Instacart's defense in such circumstances.
How other platforms handle this
You agree to indemnify, defend, and hold harmless AI21 and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or rela...
You agree to defend, indemnify, and hold harmless Scale, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awa...
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who accesses or uses the Service. You hereby waive and shall indemnify Pika and its affiliates, ...
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The indemnification clause allocates legal and financial risk to users by obligating them to cover Instacart's defense costs and damages in disputes where user conduct is the basis for third-party claims, thereby establishing user responsibility for certain categories of corporate liability exposure.
Under this provision, users assume the obligation to pay Instacart's legal fees and any damages awarded in cases where Instacart faces claims connected to the user's actions, violations of the agreement, or intellectual property infringement—requiring users to fund Instacart's defense in such circumstances.
ConductAtlas has identified this type of provision across 84 platforms. See the full comparison.
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