Instacart
Weighted across nine legal categories. Lower is worse.
Executive summary
Instacart's terms are unusually readable, and the sign-up, fee and Instacart+ membership rules are laid out clearly with a real online cancel link and an honest heads-up about auto-renewal. The trade-off sits in the risk sections. Instacart caps its total liability at the greater of $100 or what you paid it in the last 12 months, excludes damages for bodily injury and death, and asks you to release it from claims involving the shoppers and retailers who actually handle your order. You also promise to cover Instacart's legal costs for almost anything connected to your account, including disputes you have with a retailer that Instacart did not cause. Disputes go to individual arbitration with no class action and no jury, reaching even claims that arose before you signed up, though you get 30 days to opt out by email and small claims court stays open. Instacart can suspend or close your account at any time, without notice, for any reason or no reason.
Category breakdown
Acceptance of Terms & Scope
Contract formation and service boundaries
The terms are clearly written, split into numbered sections with plain-language summaries, and the arbitration clause is flagged in capital letters at the very top rather than buried. Acceptance happens simply by using the service, and the only age rule for the platform as a whole is your own promise that you are old enough to sign a contract, with no verification. Scope is broad, covering websites, apps, devices, APIs, embedded partner storefronts and any AI or agentic features Instacart may add later.
Key findings
- Acceptance is by use of the service, not a separate signed agreement, though clicking Sign up or Place order is treated as your signature
- The arbitration agreement, class action waiver and 30 day opt-out are disclosed prominently in capitals in the introduction
- General age requirement is only a self-declaration that you can form a binding contract, with no verification at the platform level
- Product-level age gates are strong for alcohol, prescriptions and other restricted goods, including scanned photo ID at delivery
- Scope stretches to future features and AI tools that do not exist yet, and to embedded retailer storefronts powered by Instacart
- Other agreements can override these terms for specific programs, including Business Account Terms and retailer terms
Evidence from the document
These Terms of Service ("Terms") govern your access to and use of Instacart's Services offered to customers in the United States and Canada
By using the Services, you represent that you are of legal age in the jurisdiction in which you reside to form a binding contract with Instacart.
YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
If a supplemental agreement conflicts with these Terms, the supplemental agreement controls to the extent of the
Recommendations
- Read Section 7 before you place a first order, because your 30 day arbitration opt-out window starts the moment you first accept and never resets
- If you order for a business, check whether the Business Account Terms apply instead, since they override these terms where they conflict
- Remember that using in-store features or buying a retailer membership brings that retailer's own terms into play on top of these
User Accounts
Registration, suspension, and termination
Instacart reserves the right to suspend or close your account at any time, without notice, for any reason or no reason, which is the broadest termination language a consumer contract can use. There is no appeal process, no cure period, no notice requirement and nothing about exporting your order history or lists before you lose access. Instacart can also reverse refunds and charge your card on file for amounts it decides you owe, all on suspicion alone and at its sole discretion.
Key findings
- Termination and suspension are allowed at any time, without notice, for any reason or no reason
- No appeal, review or reinstatement process is described anywhere in the terms
- Suspected fraud, tampering or abuse lets Instacart cancel orders, reverse refunds and charge your payment method, all at its sole discretion
- You are responsible for everything done through your account, including by household members and any AI agents you enable
- Nothing in the terms promises data export, a grace period, or a refund of unused credits or membership value on termination
- Account credits are capped at $1,500 and can have their expiry date changed on 30 days' email notice
Evidence from the document
We may suspend or terminate your access to the Services, or stop offering all or part of the Services, at any time and without notice, for any reason or no reason.
If we suspect or determine, in our sole discretion, any fraud, tampering, abuse, or violation of these Terms, we may cancel or decline orders, refuse partial or full delivery, restrict or terminate access to accounts or Services
Instacart reserves the right to accept, refuse, or cancel any membership at any time in its sole discretion.
Instacart may change the expiration date of Credits with 30 days' email notice.
Recommendations
- Keep your own record of orders, receipts and any credits, since the terms give you no export right if your account is closed
- Spend account credits promptly rather than banking them, because expiry dates can be changed and credits have no cash value
- Do not let anyone else use your account, since you are contractually on the hook for everything done through it
- If your account is suspended, put your dispute in writing to the legal address in Section 7, which is the only formal channel the terms provide
Intellectual Property & UGC
Content ownership and licensing
You keep ownership of the photos, lists, recipes and prompts you submit, and the licence you grant is tied to running and improving the service rather than to any purpose Instacart likes. Against that, the licence is worldwide, royalty free, transferable and sublicensable, covers modifying and distributing your content, and expressly includes training machine learning models. Feedback you send is handed over for any purpose with no payment, Instacart owns everything its AI generates, and it can remove your content at its sole discretion.
Key findings
- You retain ownership of content you upload, but grant a sublicensable and transferable licence to host, modify, distribute and otherwise use it
- The licence expressly extends to developing, improving and evaluating machine learning models
- No time limit or termination of the licence is stated, so deleting content does not clearly end Instacart's rights
- Feedback and comments are usable by Instacart for any purpose, without restriction and without payment to you
- Instacart owns AI outputs generated for you, and your use of them is limited to personal, non-commercial use
- Content can be removed or disabled at Instacart's sole discretion for any reason, with no attribution or appeal requirement
- A standard DMCA notice and counter process is provided for copyright and trademark complaints
Evidence from the document
You grant Instacart a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, display, modify, distribute, and otherwise use any content you provide to or through the Services
If you provide feedback or comments, you grant Instacart the right to use them for any purpose without restriction or payment to you.
We may in our sole discretion, for any reason (including without limitation if we believe it violates these Terms, our Community Guidelines, or other policies) remove or disable access to any content you provide.
You retain any rights in any content you upload or submit to the Services
Recommendations
- Do not post photos, recipes or writing you intend to license or sell elsewhere, since the licence covers modification and sublicensing
- Treat anything you type into the AI features as training data for Instacart's models
- Do not rely on AI generated shopping content commercially, because Instacart owns the outputs and grants you personal use only
Data Privacy
Data collection, usage, and protection
The detailed privacy commitments live in a separate Privacy Policy that is not part of this document, so what you can judge here is the data handling the terms themselves authorise, and it is broad. Instacart processes your prompts and AI interactions to improve its models, keeps images of items you scan in store, keeps records of voice interactions, and may pass your data to third-party AI providers it can swap at any time. The prescription sections are the sharpest concern: they acknowledge that unencrypted text messages about your medication may be read by strangers and that unattended delivery can expose sensitive health information, then ask you to waive claims about exactly that.
Key findings
- Substantive privacy terms are deferred to a separate Privacy Policy not included in this document
- Inputs, outputs and AI interactions are processed to improve the service, with choices described only as available where offered
- Images of items you scan in store and records of your voice interactions are retained to improve the service
- AI features may be powered by third-party technology providers that Instacart can change at any time, with their own terms applying
- Instacart acknowledges prescription text messages are unencrypted and could be read by unintended third parties, then asks you to waive related claims
- Unattended prescription delivery is flagged as possibly exposing information about disabilities, mental health, HIV status or other conditions, with the risk assigned to you
- You must obtain consent yourself before sharing a gift recipient's contact details, health-benefit status and other personal information with Instacart
Evidence from the document
We may process Inputs, Outputs, and your interactions with AI Features to operate, secure, prevent fraud and abuse, and improve the Services.
We may retain images of scanned items to improve the Services.
There is some risk that these messages could be read by unintended third
If a prescription package is taken, opened, or viewed by a third party, personal or sensitive health information may be disclosed.
We may retain records of voice interactions to document and
Recommendations
- Read the separate Privacy Policy, since the real collection, sharing and deletion rules are not in these terms
- Choose signature-required delivery rather than unattended delivery for prescriptions if the privacy of your medication matters to you
- Avoid typing sensitive health or personal details into the AI features, because inputs are used to train and evaluate models
- Opt out of promotional messages in account settings, and remember that service and order messages continue regardless
Payment & Subscriptions
Billing and subscription management
The Instacart+ auto-renewal is disclosed in capital letters, you can cancel yourself online from your membership page at any time, and price increases are notified before renewal so you can quit first. The weak points are refunds. Membership fees are treated as fully earned when paid, monthly fees are never refundable, and annual refunds only work if you cancel within five days and have not used a single benefit. Order refunds are discretionary, service fees are not returned on returned items, and cancellation fees are described only in a Help Center page outside the contract.
Key findings
- Auto-renewal is disclosed prominently in capitals, and cancellation is self-service through a link on your membership page
- Annual memberships are refundable only within 5 days of a charge and only if you used no benefits; monthly fees are never refundable
- Membership fees are stated to be fully earned on payment and non-refundable except in the narrow cases listed
- Fee increases are notified before renewal, and you may cancel before the new rate takes effect
- Order refunds, replacements and credits are issued at Instacart's discretion, and service fees are generally not refunded on returned items
- Instacart may place temporary authorization holds above your checkout total and additional holds if the order changes
- Cancellation fee amounts are not in the contract, only in the Help Center, and can therefore change without a terms update
Evidence from the document
Membership fees are fully earned upon payment and non-refundable except as expressly described below.
Monthly membership fees are not refundable.
Where the fee has increased, Instacart will notify you prior to the renewal of your membership of the relevant fee increase.
If your order is refunded, we may issue a refund, replacement, or credit at our discretion.
We may temporarily authorize your payment method for an amount higher than the checkout total.
Recommendations
- If you take an Instacart+ trial, set a reminder to cancel before it ends, since the charge is automatic at the end of the trial
- Cancel an annual membership within the first 5 days of a charge, and do not place a fee-waived order first, if you want a refund
- Check your bank statement for the final charge rather than the pending holds, which can exceed the checkout total
- Cancel or change an order before a shopper starts shopping, because after that a fee may apply and purchased items may not be refundable
Limitation of Liability
Risk allocation and legal protection
Instacart caps its total liability at the greater of $100 or what you paid it in the previous 12 months, which for most shoppers means a few hundred dollars for any failure, including one involving groceries, alcohol or prescription medicine. It also excludes damages for bodily injury, death and emotional distress, and states that the entire risk of using the service and of the products delivered to you rests with you. If you have a problem with a shopper or delivery driver you are asked to release Instacart from all claims, known and unknown, and to waive California Civil Code section 1542 protections. For unattended prescription delivery the release reaches Instacart's own negligence.
Key findings
- Aggregate liability is capped at the greater of $100 or the amounts you paid Instacart in the prior 12 months
- Damages for physical injury, bodily injury, death, emotional distress and discomfort are excluded
- The entire risk of the service, of third-party providers and of products delivered to you is assigned to you
- Disputes with shoppers or delivery providers trigger a release of Instacart covering known and unknown claims, plus a Civil Code 1542 waiver
- The unattended prescription delivery release covers harm resulting from Instacart's own negligence
- Everything is provided as is, with all implied warranties of merchantability, fitness and non-infringement disclaimed
- Savings clauses state the limits apply only to the extent the law allows, which preserves rights in states that ban such exclusions
Evidence from the document
will not exceed the greater of $100 or the amounts paid by you to Instacart during the 12 months before the claim.
not liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, or for any damages relating to physical injuries, bodily injury, death, emotional distress, or discomfort
You agree that the entire risk arising from your use of the Services, any services provided by Third-Party Providers, or any products requested or delivered to you remains solely with you.
you waive, release, and discharge Instacart, its affiliates, and Third-Party Providers from any and all claims, demands, liabilities, damages, losses, or injuries arising out of or related to Unattended Delivery
Recommendations
- Do not rely on Instacart to make you whole for a spoiled, contaminated or mishandled order beyond a small refund
- Report a food safety, alcohol or medication problem to the retailer or pharmacy directly, since the terms point liability at them
- Check whether your state limits liability caps for personal injury, because the savings clause preserves those rights
- Consider small claims court, which the arbitration clause keeps open, if a loss exceeds the $100 cap
Indemnification
Legal responsibility allocation
You promise to defend and pay for Instacart and every retailer, plus their officers, directors, employees, agents and shareholders, against losses, penalties, fines and legal fees. The triggers go well beyond your own wrongdoing: any dispute between you and a retailer or delivery provider counts, as does anything done through your account by a spouse, a dependent or an AI agent. Instacart gets no matching obligation towards you, and this sits alongside a $100 liability cap running the other way. The one softening detail is that attorney and expert fees must be reasonable.
Key findings
- One-way indemnity with no reciprocal obligation from Instacart
- Indemnified parties include retailers and their officers, directors, employees, agents and shareholders, not just Instacart
- Covered amounts expressly include penalties and fines, not only third-party claims
- A trigger is any dispute between you and a third party, which does not require any fault on your part
- Use of your account by a spouse, dependent, gift recipient or AI agent creates your indemnity obligation
- A second, separate indemnity applies if you choose unattended prescription delivery
- Attorney and expert fees are qualified as reasonable, the only real limit in the clause
Evidence from the document
You agree to defend, indemnify, and hold harmless Instacart and Retailers (and each of their respective officers, directors, employees, agents, and shareholders) from and against any losses, claims, actions, damages, penalties, fines
Any dispute or issue between you and a third party (including any Retailer or Third-Party Provider).
Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable
Your subsequent use of content generated by AI Features.
Recommendations
- Do not share your account with household members or connect third-party automation, since their actions become your financial exposure
- If a retailer or shopper dispute escalates, get legal advice early, because the terms position you to fund Instacart's defence
- Skip unattended prescription delivery unless you accept the extra indemnity attached to it
Modification of Terms
How agreements can be changed
Instacart promises to notify you by email or in-app message when a change is material, and material changes to the arbitration clause will not reach claims you already raised. That is better than the bare posting model. However Instacart decides for itself what counts as material, no notice period is given, there is no archive of past versions, and your only way to reject a change is to stop using the service. Features and the service itself can change or disappear at any time with no notice at all.
Key findings
- Material changes trigger notice by email or in-app message, but Instacart alone decides what is material
- No advance notice period is specified, so a change could take effect immediately on posting
- Continued use after a change takes effect counts as your acceptance
- Your only stated remedy for disagreeing is to stop using the service, with no refund right described
- The service itself can gain, change or lose features at any time without notice
- A material change to the arbitration agreement will not apply to claims you had already noticed, a genuine protection
- Membership term changes come with notice and the chance to cancel before they take effect
- The document carries a Last updated date but there is no changelog or version archive
Evidence from the document
We may update these Terms from time to time. We will post the current version on our website. If a change is material, we will notify you (for example, by email or in-app notice).
If you do not agree to updated Terms, you should stop using the Services.
We may introduce new features, change existing ones, or remove features at any time, without notice.
Your continued use of the Services after any change takes effect constitutes your acceptance of the change.
A material change to this Arbitration Agreement will not apply to any Claim you had already given us notice of under Section 7 before the change took effect.
Recommendations
- Check the last updated date at the top of the terms page from time to time, since posting can be the effective notice
- If you receive a change notice affecting arbitration, note the date, because changes do not reach claims you already put in writing
- Cancel an Instacart+ membership before a notified change takes effect if you disagree with it
Governing Law & Disputes
Jurisdiction and conflict resolution
Almost every dispute goes to individual arbitration with no class action and no jury, and before you can even file you must complete a 60 day informal process with a personally signed notice. The arbitration clause reaches unusually far: it covers claims that arose before these terms took effect, sweeps in retailers, payment processors, advertisers and even your spouse and heirs as beneficiaries, and groups 25 or more similar claims into batches under a single arbitrator. Non-arbitrable claims must be filed in New Castle County, Delaware, wherever in the country you live. The real protections are a 30 day opt-out by email that does not reset when the terms change, a small claims carve-out, hearings in your own county, and preserved statutory rights for Canadian consumers.
Key findings
- Mandatory individual arbitration with a class, collective and representative action waiver and an express jury trial waiver
- A 60 day informal resolution process with a personally signed, non-consolidated notice is a precondition to any claim
- Arbitration covers claims that arose before the effective date of these terms and claims arising after termination
- Third parties including retailers, payment processors, advertisers, spouses, dependents and heirs are named beneficiaries of the arbitration clause
- Batch arbitration groups 25 or more similar claims into batches of up to 100 under one arbitrator and one hearing
- A delegation clause sends questions about the arbitration clause's own validity to the arbitrator, except for the class waiver
- For non-arbitrable claims, Delaware law and exclusive Delaware venue apply to every US resident
- Real mitigations exist: a 30 day email opt-out that survives updates, a small claims carve-out, arbitration in your county, tolling of deadlines, and preserved Canadian statutory rights
Evidence from the document
EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE BASIS
including Claims that arose or involve facts or conduct that occurred before the Effective Date of these Terms
Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
You may opt out of this Arbitration Agreement within 30 days of first accepting these Terms.
Each Notice must relate to a single claimant only. Notices may not be submitted on a consolidated, group, collective, or mass basis.
Recommendations
- Email arbitration-opt-out@instacart.com within 30 days of first accepting the terms if you want to keep your court and class action rights, since the window never reopens
- Use small claims court for smaller losses, which the terms expressly preserve on an individual basis
- Send your dispute notice with your own signature and your own claim only, because consolidated or lawyer-filed notices are rejected
- Keep a copy of your opt-out email, since each account holder must opt out individually and no one can do it for you
Ex-TerCo provides automated analysis of legal documents for informational purposes. This is not legal advice. Terms can change at any time.