Instacart Terms

Legal Rights & Agreement Rules · Context

Terms cover Instacart services for US and Canadian customers

These Terms govern use of Instacart's Services offered to customers in the United States and Canada. The Services are defined broadly: websites, mobile apps, devices, APIs, embedded partner experiences, and any AI or agentic features Instacart may offer. The Terms say some provisions apply depending on where you live.

Supporting quotations

These Terms of Service ("Terms") govern your access to and use of Instacart's Services offered to customers in the United States and Canada

including our websites, mobile apps, devices, APIs, embedded partner experiences, and any AI or agentic features we may offer (collectively, the “Services”)

Certain provisions of these Terms apply based on your place of residence

Qualifications & exceptions

• Some provisions depend on the user's place of residence, for example the separate arbitration terms for U.S. and Canadian residents.

Not stated here

• The Terms do not list which products or programs are covered beyond the broad definition; separate agreements may govern some of them (see the Business Account and Relationship to Other Agreements cards).

Legal Rights & Agreement Rules · Context

Who "Instacart" and "you" are

"Instacart" means Maplebear Inc. (d/b/a Instacart), a Delaware corporation, together with its subsidiaries and affiliates. "You" means anyone who visits or uses the Services, and if you use them for a company or organization, "you" also means that organization and you represent you are authorized to bind it. The eligibility section adds that you represent you are of legal age to form a binding contract where you live.

Supporting quotations

“Instacart” means Maplebear Inc. (d/b/a Instacart), a Delaware corporation, together with its subsidiaries and affiliates.

“You” means any person who visits or uses the Services. If you use the Services on behalf of a company or other organization, “you” also means that organization, and you represent that you’re authorized to bind it.

you represent that you are of legal age in the jurisdiction in which you reside to form a binding contract with Instacart. If you use the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms

Qualifications & exceptions

• "You" is defined by use of the Services, not by having an account.

Legal Rights & Agreement Rules · Restriction or exception

U.S. residents: disputes go to binding individual arbitration unless an exception applies

The notice at the top says that for U.S. residents, disputes not resolved informally are subject to the Section 7 arbitration agreement, which requires binding, final arbitration with no class actions or jury trials, "except in narrow circumstances". Section 7.2 states the rule and refers to its exceptions: small-claims court and court injunctions for intellectual-property and proprietary rights.

Supporting quotations

FOR U.S. RESIDENTS, EXCEPT IN NARROW CIRCUMSTANCES, ALL DISPUTES BETWEEN YOU AND INSTACART NOT RESOLVED INFORMALLY ARE SUBJECT TO THE ARBITRATION AGREEMENT OF [SECTION 7](https://www.instacart.com/terms#section-7), WHICH REQUIRES BINDING, FINAL ARBITRATION—NO CLASS ACTIONS OR JURY TRIALS.

IMPORTANT: ARBITRATION AGREEMENT & CLASS ACTION WAIVER

you and Instacart agree to resolve it through binding arbitration instead of in court, except as provided in Section 7.2.3 (Exceptions).

Qualifying claims may be brought in small claims court

You or Instacart may seek injunctive or other equitable relief in a court of competent jurisdiction

Qualifications & exceptions

• Applies to U.S. residents; Canadian residents are covered by a separate clause.
• The 30-day opt-out and the exceptions described in Section 7 limit the rule.
• The opening notice summarizes; the operative text is in Section 7.

Legal Rights & Agreement Rules · User right or choice

You can opt out of arbitration within 30 days of accepting the Terms

The opening notice says you may opt out of the arbitration agreement within 30 days of accepting the Terms. Section 7.4 says the window runs from when you first accept the Terms and does not reset when the Terms are updated, you must email arbitration-opt-out@instacart.com with your name, account email and a clear statement of intent, each account holder must opt out individually, and opting out does not remove the informal dispute process or other arbitration agreements.

Supporting quotations

YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS.

You may opt out of this Arbitration Agreement within 30 days of first accepting these Terms

does not reset if we update them

Each account holder must submit their own opt-out.

Opting out of arbitration does not affect any other part of these Terms

Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may currently have with us

Qualifications & exceptions

• Opt-outs submitted by an attorney or as part of a consolidated, mass or coordinated submission are not effective.
• Opting out does not affect other arbitration agreements you have with Instacart, including earlier versions you did not opt out of.

Legal Rights & Agreement Rules · Procedure

All users must try a 60-day informal dispute process before any legal proceeding

Before anyone starts arbitration or goes to court, the side raising a dispute must send a written notice and allow at least 60 days to try to resolve it, unless prohibited by applicable law where the user lives. Section 7.1 makes compliance a mandatory precondition, with an exception for immediate and irreparable harm where the party seeks temporary, preliminary or emergency injunctive or other emergency equitable relief.

Supporting quotations

all users must complete a 60-day informal dispute resolution process, except where prohibited by applicable law

the side raising the dispute must send a written notice and allow at least 60 days

is a mandatory precondition to commencing any arbitration or court proceeding between you and Instacart, except where delay would cause immediate and irreparable harm and the requesting party seeks temporary, preliminary, or emergency injunctive or other emergency equitable relief, or where prohibited by applicable law in the jurisdiction where you reside.

Qualifications & exceptions

• Exception: delay that would cause immediate and irreparable harm when the party seeks temporary, preliminary or emergency relief.
• Does not apply where prohibited by law in the user's jurisdiction.

Legal Rights & Agreement Rules · Restriction or exception

Canadian residents: individual arbitration only where the law of their province or territory permits

For Canadian residents, unresolved disputes may proceed to binding individual arbitration where permitted under provincial or territorial law; otherwise they may be brought in court. The notice also says Canadian residents may opt out within 30 days. Section 7.3 says the dispute provisions apply only to the extent permitted by the user's provincial or territorial law, and that court proceedings in the courts identified in Section 8.3 are available where arbitration is not permitted or enforceable.

Supporting quotations

FOR CANADIAN RESIDENTS, WHERE PERMITTED UNDER THE LAWS OF YOUR PROVINCE OR TERRITORY, UNRESOLVED DISPUTES MAY PROCEED TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS; OTHERWISE THEY MAY BE BROUGHT IN COURT.

YOU MAY ALSO OPT OUT WITHIN 30 DAYS.

The dispute resolution provisions in these Terms apply only to the extent permitted by the laws of your province or territory of residence.

Where permitted and enforceable under the laws of your province or territory of residence, the dispute will be resolved by binding arbitration on an individual basis

Where arbitration is not permitted or enforceable under applicable law, disputes may be brought in the courts identified in Section 8.3.

Qualifications & exceptions

• Applies to Canadian residents; U.S. residents are covered by Section 7.2.
• The Terms do not say which provinces or territories permit arbitration.

Not stated here

• Which Canadian provinces or territories do or do not permit the arbitration clause is not stated in the Terms.

Legal Rights & Agreement Rules · Context

Using the Services means accepting the Terms and Privacy Policy; Business Account Terms may also apply

By using the Services you agree to these Terms and to the Privacy Policy, which describes how Instacart collects, uses and discloses personal information. If you access the Services through a Business Account, the separate Instacart Business Account Terms also apply, and the Relationship to Other Agreements section says a conflicting supplemental agreement controls for the program, feature or service it governs.

Supporting quotations

By using the Services, you agree to these Terms and to our

(how we collect, use, and disclose personal information)

If you access the Services through a Business Account

If a supplemental agreement conflicts with these Terms, the supplemental agreement controls to the extent of the conflict for the program, feature, or service it governs.

Qualifications & exceptions

• The Privacy Policy and Business Account Terms are linked but are not part of the text analyzed here.

Not stated here

• The content of the Privacy Policy and the Business Account Terms is not supplied, so their effect on these Terms is unknown.

Legal Rights & Agreement Rules · Context

Instacart is a platform; the Retailer is the seller and merchant of record

Instacart describes itself as a technology platform that connects you with Retailers and Third-Party Providers, and says it does not sell the goods. The Retailer, not Instacart or any Third-Party Provider, is the seller and merchant of record. Title passes to you when goods are purchased at the Retailer's store, unless the law requires otherwise, and Instacart does not take title to goods you order.

Supporting quotations

Instacart operates a technology platform that connects you with Retailers and Third-Party Providers so you can browse, purchase, and receive goods and services through delivery, pickup, and other features and programs we may make available. We don't sell the goods ourselves.

The Retailer—not Instacart and not any Third-Party Provider—is the seller of the goods to you and the merchant of record.

Title to goods passes to you when they are purchased at the Retailer's store (unless the law requires otherwise).

Instacart does not take title to goods you order.

Qualifications & exceptions

• Title passes when goods are purchased at the Retailer's store, unless the law requires otherwise.

Legal Rights & Agreement Rules · Context

The Services include retailer storefronts, shoppers and delivery, and may change or expand

The Services include presentation of retailer virtual storefronts from which goods are selected for picking and packing by personal shoppers and for delivery or, if available, pickup. Instacart also offers other features and programs that may change or expand over time. Some features, such as delivery, pickup, in-store shopping or AI tools, may not be available in all locations or at all times.

Supporting quotations

The Services include, but are not limited to, presentation of one or more retailer virtual storefronts (each a “Retailer”) from which you can select goods for picking and packing by one or more personal shoppers and delivery or, if available, pickup.

We also offer other features and programs that may change or expand over time.

Some features of the Services (for example, delivery, pickup, in-store shopping, or AI tools) may not be available in all locations or at all times.

Qualifications & exceptions

• Availability of delivery, pickup, in-store shopping and AI tools can vary by location and time.

Legal Rights & Agreement Rules · Restriction or exception

Picking and delivery are done by third parties that Instacart says it does not supervise

Picking, packing and delivery are performed by Third-Party Providers, which may include Retailer personnel, independent contractors and third-party logistics providers depending on the Retailer. Instacart says they are not its employees, partners or agents, that it does not supervise, direct or control their performance, and that it is not responsible for your interactions with them or with Retailers. Elsewhere you agree to release Instacart from claims arising from disputes with Third-Party Providers, and disputes involving Retailers and Third-Party Providers fall under the arbitration agreement.

Supporting quotations

Picking, packing, and delivery services are performed by third parties—which, depending on the Retailer you purchase from, may include Retailer personnel, independent contractors, and third-party logistics providers

They are not Instacart's employees, partners, or agents, and Instacart does not supervise, direct, or control their performance.

Instacart is not responsible for your interactions with Third-Party Providers or Retailers.

If you have a dispute with one or more Third-Party Providers, you agree to release Instacart (including Instacart’s subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from all claims, demands, and damages of every kind and nature

Third-Party Disputes include claims involving Retailers; Third-Party Providers (including personal shoppers, delivery personnel, or logistics partners)

Qualifications & exceptions

• Who performs the work depends on the Retailer you purchase from.
• The release of claims and arbitration coverage are stated elsewhere (Sections 6.1 and 7.2.6) and are limited to what those sections say.

Legal Rights & Agreement Rules · Permission or license

Placing an order authorizes the purchase and delivery, and makes Instacart and the provider your agents for that task

When you place an order you authorize the purchase of goods from the Retailers you select, and if you choose delivery, their delivery by Third-Party Providers. Unless the Terms say otherwise, Instacart and the applicable Third-Party Provider act as your agents for ordering, picking, packing and/or delivering. This is a limited agency: using the Services does not create an employment, partnership, joint venture or broader agency relationship, except as the Terms or a separate agreement expressly provide.

Supporting quotations

When you place an order, you authorize the purchase of goods from the Retailers you select.

Unless otherwise specified in these Terms, Instacart and the applicable Third-Party Provider act as your agents

Your use of the Services does not create any employment, partnership, joint venture, or broader agency relationship between you and Instacart

except for the limited agency described above

Qualifications & exceptions

• The agency covers ordering, picking, packing and/or delivery of goods you selected.
• A separate agreement can change the relationship.

Legal Rights & Agreement Rules · Restriction or exception

Delivery windows are estimates and delays beyond Instacart's control are not its responsibility

Any delivery window or timing is an estimate only and is not guaranteed. Instacart aims to deliver within the selected window but delivery may occur outside it for operational or external reasons. Instacart and Third-Party Providers are not responsible for delays or failures in performance resulting from events beyond their reasonable control.

Supporting quotations

Any delivery window or timing provided with your order is an estimate only and is not guaranteed.

We aim to deliver within the selected window, but delivery may occur outside of it

are not responsible for delays or failures in performance resulting from events beyond our reasonable control.

Qualifications & exceptions

• Limited to events beyond reasonable control; the Terms do not define that phrase.

Legal Rights & Agreement Rules · Restriction or exception

Contactless delivery shifts responsibility and risk of loss to you, except for age-restricted items

You accept full responsibility for the order once it is delivered. If you choose contactless delivery, items that do not require ID verification, signature or delivery confirmation may be left at your door, if you request it or if you are not present, and you assume the risk of loss or damage after delivery. Orders with alcohol, prescriptions or other age-restricted products cannot be left unattended and require ID verification and/or signature, except as specifically permitted in section 2.2. Section 2.2 lets prescription customers elect Unattended Delivery, where they authorize leaving prescriptions at the address without signature or in-person acceptance.

Supporting quotations

You accept full responsibility for your order once it is delivered.

items that do not require ID verification, signature or delivery confirmation may be left at your door if you request it or if you are not present when the order arrives

You assume the risk of loss or damage to the goods after they are delivered to your specified location.

Except as specifically permitted in section 2.2, orders containing alcohol, prescriptions, or other age-restricted products cannot be left unattended and require ID verification and/or signature upon delivery.

you may elect to have prescription drug products delivered without signature or in-person handoff

You authorize Instacart and the applicable Third-Party Provider to deliver your prescription drug products to the address you provide and to leave them unattended

Qualifications & exceptions

• Unattended delivery of prescriptions is available only where offered and only if you elect it (Section 2.2).
• Alcohol and other age-restricted products cannot be left unattended.

Legal Rights & Agreement Rules · Restriction or exception

Information on the Services may be wrong, and Instacart may correct it or cancel affected orders even after payment

Information on the Services may contain errors, may change and may differ from what others see, and you are responsible for verifying important details before relying on them. The Services may display typographical errors, inaccuracies or omissions, for example in pricing, product descriptions, offers or availability. Instacart may correct or update such information at any time without notice and may refuse or cancel orders affected by it, even after an order is submitted or your payment method has been charged.

Supporting quotations

Information on the Services may contain errors, may change over time, and may differ from what others see.

You are responsible for verifying important details before relying on them.

We may correct or update such information at any time without prior notice

may refuse or cancel orders affected by it—even after an order is submitted or your payment method has been charged

Qualifications & exceptions

• Covers pricing, product descriptions, promotional offers and availability among other information.

Legal Rights & Agreement Rules · Restriction or exception

Instacart disclaims third-party content and says search, recommendations and AI results can vary

Instacart does not assume responsibility for products, content, services, websites, advertisements, offers or information provided by third parties through the Services. Results you see, such as search results, recommendations or AI Features, may differ between users or over time and may not be identical or consistent.

Supporting quotations

Instacart does not assume responsibility for any products, content, services, websites, advertisements, offers, or information provided by third parties

Results you see on the Services—such as search results or recommendations, or AI Features—may differ between users or over time

Qualifications & exceptions

• Applies to third-party material made available through the Services.

Legal Rights & Agreement Rules · Restriction or exception

Health and nutrition information is informational and may be inaccurate

Health, wellness and nutritional information on the Services is provided for informational purposes only. It may not always be accurate, complete, reliable, current or error-free, and it is not a substitute for professional medical advice, diagnosis or treatment.

Supporting quotations

Health, wellness, and nutritional information is provided for informational purposes only.

it is not a substitute for professional medical advice, diagnosis, or treatment

Legal Rights & Agreement Rules · Context

In-Store Features let you browse or scan and pay in stores, and Retailer terms also apply

In-Store Features such as In-Store Mode and Scan & Pay are intended for use while shopping in Retailers' physical stores: In-Store Mode lets you browse items available in the store, and Scan & Pay lets you scan and pay for items on your phone. In addition to these Terms, a Retailer's own policies and terms may apply and govern issues such as hours, in-store conduct, refunds, returns and Retailer loyalty programs. Returns or refunds for in-store purchases follow the Retailer's policies, which vary by Retailer.

Supporting quotations

You may have access to certain features on the Services that are intended to be used while shopping in Retailers’ physical stores

Scan & Pay allows you to scan and pay for items via the Services on your mobile device while shopping in Retailers’ stores.

your use of In-Store Features in a Retailer’s store may be subject to that Retailer’s policies and terms and conditions of service

Retailer Terms govern issues such as hours of operation, in-store conduct, refunds, returns, and Retailer loyalty programs

Returns or refunds for in-store purchases are subject to the Retailer's refund and return policies, which vary by Retailer.

Not stated here

• Retailer Terms are not supplied and differ by Retailer.

Legal Rights & Agreement Rules · Restriction or exception

When using Scan & Pay you must scan correctly, weigh accurately, pay before leaving and follow checkout rules

When using Scan & Pay you agree to correctly scan all products, weigh products accurately if sold by weight, pay for all products before leaving the store and comply with applicable laws. If you have problems with scanning or payment you must alert a Retailer employee, and if Instacart cannot process payment you must complete the purchase at a register. You must exit through the designated Scan & Pay checkout area and follow Retailer prompts such as bag check.

Supporting quotations

When using Scan & Pay, you agree to:

correctly scan all products;

weigh products accurately if sold by weight;

pay for all products before leaving the store; and

comply with all applicable laws.

If you have issues with scanning or payment, you must alert a Retailer employee. If Instacart cannot process payment, you must complete the purchase at a register.

You must exit the store through the designated Scan & Pay checkout area and follow any Retailer-provided prompts (for example, bag check).

Legal Rights & Agreement Rules · Restriction or exception

Retailers may check and rescan items; the Retailer's rescan is final and repeated errors can end your access

Retailer personnel may check your bags, compare scanned items to your cart or rescan items. If the original scan and the rescan differ, the Retailer's rescan is final. If you scan items incorrectly on multiple occasions, Instacart may suspend, disable or terminate your use of Scan & Pay or the Services.

Supporting quotations

Retailer personnel may check your bags, compare scanned items to your cart, or rescan items to verify proper use.

the Retailer's re-scan is final

we may suspend, disable, or terminate your use of Scan & Pay or the Services

Qualifications & exceptions

• Suspension or termination is stated for multiple incorrect scans, and may extend to the Services as a whole.

Legal Rights & Agreement Rules · Restriction or exception

A more specific rule in Section 2 controls over Section 1 for that product or service

Section 2 contains product and service-specific rules. If a rule in Section 2 conflicts with Section 1, the more specific rule in Section 2 controls for that product or service. An example inside the Terms: Section 1.2 says orders with alcohol, prescriptions or other age-restricted products cannot be left unattended, except as specifically permitted in section 2.2; and the general item-substitution option in Section 1.2 is replaced for alcohol by Section 2.1's ban on substitutions.

Supporting quotations

Product & Service-Specific Rules

If a rule in Section 2 conflicts with Section 1, the more specific rule in Section 2 controls for that product or service.

Except as specifically permitted in section 2.2, orders containing alcohol, prescriptions, or other age-restricted products cannot be left unattended

You can request a specific substitute or let your shopper suggest one.

Qualifications & exceptions

• Applies only to conflicts between Section 2 and Section 1, and only for the product or service the Section 2 rule covers.
• The Terms do not say how conflicts with other sections are resolved.

Not stated here

• The "Section 2" heading carries no visible number in the supplied text; subsections 2.1-2.7 identify it.

Cross-references

• related (model-proposed): Contactless delivery shifts responsibility and risk of loss to you, except for age-restricted items — references: The Section 2 precedence rule is illustrated by the Section 1.2 delivery rule that points to Section 2.2.

Legal Rights & Agreement Rules · Restriction or exception

Ordering alcohol means confirming you and the recipient meet the legal drinking age

You agree to follow all laws and regulations that apply to alcohol purchases and deliveries and not to cause Instacart, a Third-Party Provider or a Retailer to violate them. By ordering alcohol you confirm that both you and the recipient, if different, are of legal drinking age in the delivery location: 21 or older in the United States, 18 or older in Alberta, Manitoba and Quebec, and 19 or older in all other Canadian provinces.

Supporting quotations

You agree to follow all laws and regulations that apply to alcohol purchases and deliveries

By ordering alcohol, you confirm that both you and the recipient (if different) are of legal drinking age in the delivery location:

21+ in the United States

18+ in Alberta, Manitoba, and Quebec

19+ in all other Canadian provinces

Legal Rights & Agreement Rules · Restriction or exception

Alcohol cannot go to some establishments or across state lines and cannot be substituted

Instacart does not allow delivery to certain types of establishments, for example college campuses, and you are responsible for making sure delivery is allowed at the delivery address; a complete list is in the Help Center, which is not supplied. Alcohol is not delivered across state lines and may only be delivered to an address in the same state as the fulfilling retailer, with ineligible items removed at checkout. Special requests or substitutions for alcohol are not permitted, so alcohol must be ordered from catalog items available at checkout. In Ontario and Alberta, all alcohol deliveries are fulfilled by Maplebear Delivery Canada Inc.

Supporting quotations

Instacart does not allow delivery to certain types of establishments (e.g., college campuses).

You're responsible for ensuring that delivery is allowed to the delivery address.

We do not deliver alcohol across state lines; alcohol may only be delivered to an address within the same state as the fulfilling retailer

Special requests or substitutions for alcohol are not permitted.

In those provinces, all alcohol deliveries through the Services are fulfilled by Maplebear Delivery Canada Inc.

Not stated here

• The complete list of prohibited establishments is only in the linked Help Center, which is not supplied.

Cross-references

• narrows (model-proposed): If an item is out of stock you can request a substitute or Instacart may check a second store — exception_to: The general substitution option does not apply to alcohol, where substitutions and special requests are not permitted.

Legal Rights & Agreement Rules · Restriction or exception

Prescription delivery is available in some areas and is fulfilled by pharmacies, not Instacart

In certain areas you can order prescription drug products through Instacart Rx. Orders are fulfilled by licensed pharmacies and Third-Party Providers, not Instacart. Instacart says it is not a pharmacy, does not dispense prescriptions or provide medical care, and does not recommend or refer you to particular pharmacies; you alone are responsible for choosing the pharmacy. You represent that any prescription drug product ordered is for the person it is prescribed to and not for resale or transfer. Prescription deliveries are not eligible for Instacart+ benefits, Instacart makes no warranties about prescription quality or pharmacy services, and prescription processing issues go to the pharmacy.

Supporting quotations

In certain areas, you can order prescription drug products through Instacart Rx.

fulfilled by licensed pharmacies and Third-Party Providers—not by Instacart

Prescription drug delivery is available only in certain geographic areas. Instacart is not a pharmacy.

You are solely responsible for selecting the pharmacy that fills your prescription.

You represent that any prescription drug product ordered through the Services is for the individual to whom it is prescribed and not for resale or transfer.

Prescription drug deliveries are not eligible for Instacart+ benefits.

Instacart makes no warranties about the quality of prescription drug products or the services provided by any pharmacy.

Qualifications & exceptions

• Available only in certain geographic areas.

Not stated here

• Which areas offer Instacart Rx is not stated in the Terms.

Legal Rights & Agreement Rules · Permission or license

You may elect unattended prescription delivery and authorize leaving prescriptions at your address

Where available, you may elect to have prescription drug products delivered without a signature or in-person handoff ("Unattended Delivery"). By choosing it, you authorize Instacart and the applicable Third-Party Provider to deliver prescriptions to the address you provide and leave them unattended there without a signature or in-person acceptance. The risks, waiver and indemnity attached to this election are set out in the following paragraphs.

Supporting quotations

Where available, you may elect to have prescription drug products delivered without signature or in-person handoff

By choosing Unattended Delivery, you acknowledge and agree to the following:

You authorize Instacart and the applicable Third-Party Provider to deliver your prescription drug products to the address you provide and to leave them unattended at that location without requiring your signature or in-person acceptance.

Qualifications & exceptions

• Available only where offered and only if you elect it.

Cross-references

• narrows (model-proposed): Contactless delivery shifts responsibility and risk of loss to you, except for age-restricted items — exception_to: The general contactless-delivery rule bars leaving prescriptions unattended except as permitted in Section 2.2, which allows an elected Unattended Delivery.

Legal Rights & Agreement Rules · Restriction or exception

Choosing unattended prescription delivery means assuming all its risks, including health and privacy harm

You acknowledge that Unattended Delivery involves inherent risks and assume all risks associated with it, whether or not the Terms describe them. Named risks, without limitation: prescriptions left unattended may be lost, stolen, taken by a third party, damaged or exposed to improper temperatures, your insurance may deny reimbursement for replacements and you may pay out of pocket; a lost, stolen, damaged or delayed prescription may delay your medication and could lead to serious adverse health consequences including bodily injury or death; and if a package is taken, opened or viewed by a third party, personal or sensitive health information may be disclosed, such as information about disabilities, mental health conditions, HIV status or sexually transmitted infections.

Supporting quotations

You acknowledge and agree that Unattended Delivery involves inherent risks, and you assume all risks associated with Unattended Delivery, whether or not expressly described in these Terms.

Prescription drug products left unattended may be lost, stolen, taken by a third party, damaged, exposed to improper temperatures, or otherwise compromised.

Your insurance may deny reimbursement for replacement prescriptions, and you may be responsible for out-of-pocket replacement costs.

could result in serious adverse health consequences, including bodily injury or death

If a prescription package is taken, opened, or viewed by a third party, personal or sensitive health information may be disclosed.

Qualifications & exceptions

• The list of risks is "without limitation", so it is not exhaustive.
• Applies only where you elect Unattended Delivery.

Cross-references

• qualifies (model-proposed): You may elect unattended prescription delivery and authorize leaving prescriptions at your address — qualifies: The elected Unattended Delivery comes with an assumption of risk.

Legal Rights & Agreement Rules · Restriction or exception

You waive claims over unattended delivery, including for negligence, and agree to indemnify Instacart

To the maximum extent permitted by law, you waive, release and discharge Instacart, its affiliates and Third-Party Providers from all claims, demands, liabilities, damages, losses or injuries arising from or related to Unattended Delivery, whether direct or indirect and whether resulting from the negligence or other acts or omissions of Instacart, its affiliates or the providers or from theft of the prescription. You also agree to defend, indemnify and hold them harmless from claims, losses, costs and reasonable attorneys' fees arising out of or related to your election of Unattended Delivery. The general limitation of liability separately excludes damages relating to physical injuries, bodily injury or death.

Supporting quotations

To the maximum extent permitted by law, you waive, release, and discharge Instacart, its affiliates, and Third-Party Providers from any and all claims

whether resulting from the negligence or other acts or omissions of Instacart, its affiliates, or Third-Party Providers or as a result of any theft of the prescription

You agree to defend, indemnify, and hold harmless Instacart, its affiliates, and Third-Party Providers

arising out of or related to your election of Unattended Delivery

or for any damages relating to physical injuries, bodily injury, death, emotional distress, or discomfort

Qualifications & exceptions

• The waiver applies "to the maximum extent permitted by law".
• Limited to claims arising out of or related to Unattended Delivery.

Legal Rights & Agreement Rules · Restriction or exception

Instacart gives no medical advice and creates no pharmacy-patient or physician-patient relationship

Instacart does not provide medical advice, diagnosis or treatment, and no pharmacy-patient or physician-patient relationship is created through use of the Services. It encourages you to consult your healthcare provider or pharmacist with medical questions, and tells you to call 911 or local emergency services in a medical emergency.

Supporting quotations

Instacart does not provide medical advice, diagnosis, or treatment.

No pharmacy–patient or physician–patient relationship is created through your use of the Services.

IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.

Legal Rights & Agreement Rules · Restriction or exception

Ordering a prescription for a household member includes a warranty about purpose and authority

If you order a prescription drug product for a child or another household member, you represent and warrant that your intention is only to transfer the medication to the ultimate consumer for their use and that you have authority to order on behalf of that person.

Supporting quotations

you represent and warrant that your intention is only to transfer the medication to the ultimate consumer for their use and that you have authority to order on behalf of such person

Legal Rights & Agreement Rules · Restriction or exception

Ordering other age-restricted products means following the law and confirming legal age

You agree to follow all laws and regulations that apply to purchases and deliveries of other age-restricted products, for example spray paint or dextromethorphan, and not cause Instacart, a Third-Party Provider or a Retailer to violate them. Minimum ages vary by product and jurisdiction. By ordering you confirm that both you and the Recipient, if different, are of legal age in the delivery location to purchase, possess, use and/or consume the product.

Supporting quotations

You agree to follow all laws and regulations that apply to age-restricted product purchases (for example, spray paint or dextromethorphan) and deliveries

The minimum age requirements vary based on the product(s) and jurisdiction(s).

you confirm that both you and the Recipient (if different) are of legal age in the delivery location

Not stated here

• The Terms do not list which products count as age-restricted beyond the two examples.

Legal Rights & Agreement Rules · Restriction or exception

Age-restricted products cannot be delivered to some establishments and cannot be substituted

Instacart does not allow delivery of age-restricted products to certain types of establishments, and you are responsible for making sure delivery is allowed at the delivery address; the complete list is in the Help Center, which is not supplied. Special requests or substitutions for age-restricted products are not permitted, and they may only be ordered from the catalog available at checkout.

Supporting quotations

Instacart does not allow delivery to certain types of establishments.

You're responsible for ensuring that delivery is allowed to the delivery address.

Special requests or substitutions for age-restricted products are not permitted.

Not stated here

• The list of prohibited establishments is only in the linked Help Center, which is not supplied.

Legal Rights & Agreement Rules · Restriction or exception

Age-restricted products must be ordered from the catalog at checkout, with no special requests or substitutions

Special requests or substitutions for age-restricted products are not permitted, and age-restricted products may only be ordered from the catalog available on the Services at the time of checkout. This is the same no-substitution rule that applies to alcohol, and it overrides the general option to request a substitute.

Supporting quotations

Special requests or substitutions for age-restricted products are not permitted. Age-restricted products may only be ordered from the catalog available on the Services at the time of checkout.

Cross-references

• narrows (model-proposed): If an item is out of stock you can request a substitute or Instacart may check a second store — exception_to: Age-restricted products cannot be substituted or specially requested, unlike the general out-of-stock options.

Legal Rights & Agreement Rules · Restriction or exception

Instacart may change other membership terms with notice, and extra perks are not guaranteed

Instacart may change other membership terms with notice, including benefits, program features, fees, renewal and payment terms, cancellation and refund policies, trial and promotional terms, and eligibility and usage policies. If you disagree you may cancel before the changes take effect. Additional perks or features may be offered but are not guaranteed, may vary by user, and may be modified or ended at any time.

Supporting quotations

We may also change other membership terms with notice, including benefits and program features, fees, renewal and payment terms, cancellation and refund policies, trial and promotional terms, and eligibility and usage policies.

If you disagree, you may cancel before the changes take effect.

Additional perks or features may be offered, but they are not guaranteed, may vary by user, and may be modified or ended at any time.

Not stated here

• The Terms do not say how much notice is given for membership changes.

Legal Rights & Agreement Rules · Restriction or exception

You must follow the law, Instacart's Community Guidelines and respect Third-Party Providers and staff

You agree to comply with all applicable laws, follow the Instacart Community Guidelines for Customers as updated from time to time, and respect everyone you encounter through the Services, including Third-Party Providers, Instacart personnel and Help Center staff. The Community Guidelines are linked but not supplied.

Supporting quotations

You agree to comply with all applicable laws, follow the

(as updated from time to time)

respect everyone you encounter through the Services—including Third-Party Providers, Instacart personnel, and Help Center staff

Not stated here

• The Community Guidelines for Customers are not supplied and may change.

Legal Rights & Agreement Rules · Context

"Automated System" and "AI Agent" are defined broadly, and AI Agents are bound by the same rules

"Automated System" means any software or service that accesses or interacts with the Services through automated or programmatic means, directly or indirectly, including bots, scripts, crawlers, agentic browsers, integrations and AI-powered systems. "AI Agent" means an Automated System that acts autonomously or semi-autonomously on your behalf or at your direction, including by initiating, executing or adapting actions without real-time human input, and includes any sub-agent or downstream process it invokes. All requirements for Automated Systems apply equally to AI Agents.

Supporting quotations

“Automated System” means any software or service that accesses or interacts with the Services through automated or programmatic means

including bots, scripts, crawlers, agentic browsers, integrations, and AI-powered systems

“AI Agent” means an Automated System that acts autonomously or semi-autonomously on your behalf or at your direction

All requirements that apply to Automated Systems apply equally to AI Agents.

Cross-references

• related (model-proposed): No Automated System may use your account unless Instacart expressly authorized it, and only through approved interfaces — defines: The definition of Automated System and AI Agent sets the scope of the approved-systems-only rule.

Legal Rights & Agreement Rules · Restriction or exception

Assistive technologies used in real time by people with disabilities are not Automated Systems

Assistive technologies such as screen readers, voice control and magnification tools, or similar accessibility aids, that people with disabilities use to access or interact with the Services in real time for their personal use are not considered Automated Systems under the Terms.

Supporting quotations

Assistive technologies—such as screen readers, voice control, magnification tools, or similar accessibility aids—that are used by individuals with disabilities to access or interact with the Services in real time for their personal use are not considered Automated Systems under these terms.

Qualifications & exceptions

• Covers real-time use by individuals with disabilities for their personal use.

Cross-references

• qualifies (model-proposed): "Automated System" and "AI Agent" are defined broadly, and AI Agents are bound by the same rules — qualifies: Assistive technologies used in real time by individuals with disabilities are excluded from the Automated System definition.

Legal Rights & Agreement Rules · Restriction or exception

Automated Systems must not deceive, manipulate or harm, and you are responsible for their compliance

You may not use or deploy any Automated System in a way that deceives, manipulates, exploits or otherwise harms the Services or users, Third-Party Providers, Retailers or anyone else. All automated access must comply with applicable law and the Terms and must operate transparently, safely and respectfully. You are responsible for making sure any Automated System acting for you or at your direction complies with applicable law and the Terms.

Supporting quotations

You may not use or deploy any Automated System in any way that deceives, manipulates, exploits, or otherwise causes harm to the Services or to users, Third-Party Providers, Retailers, or any other person or entity.

All automated access must comply with applicable law and these Terms, and must operate transparently, safely, and respectfully.

You are responsible for ensuring that any Automated System acting on your behalf or at your direction complies with applicable law and these Terms.

Legal Rights & Agreement Rules · Restriction or exception

AI outputs can be wrong, are not professional advice, and you are responsible for relying on them

AI outputs may be incomplete, inaccurate, outdated, inappropriate or inconsistent and may change over time. They are not a substitute for professional medical, legal, financial, business or safety advice. You should use your own judgment and verify important information, and you are responsible for your use of Outputs and any decisions you make based on them. Results from AI Features, search or recommendations may differ across users and over time.

Supporting quotations

AI outputs may be incomplete, inaccurate, outdated, inappropriate, or inconsistent and may change over time.

They are not a substitute for professional advice (including medical, legal, financial, business, or safety advice).

You are responsible for your use of Outputs and any decisions or actions you take based on them.

Results you see—whether from AI Features, search, or recommendations—may differ across users and time and are not guaranteed to be identical or consistent.

Legal Rights & Agreement Rules · Restriction or exception

Instacart does not promise AI outputs are free of third-party rights, and you answer for how you use them

Instacart does not promise that Outputs or AI-assisted results will be free of third-party rights, for example copyright, trademark, publicity or privacy rights. You are responsible for your use of Outputs and for making sure it complies with applicable law and the Terms.

Supporting quotations

We do not promise that Outputs or any AI-assisted results will be free of third-party rights

You are responsible for your use of Outputs and for ensuring that your use complies with applicable law and these Terms.

Legal Rights & Agreement Rules · Restriction or exception

Beyond Section 4, AI Features and Outputs may not be used to deceive, harass, harvest personal data or break the law

Beyond the restrictions in Section 4, you may not use the Services, including any AI Features, any information from them or Outputs, to deceive, impersonate, mislead, harass, exploit or cause harm; to submit malicious or infringing content to the AI Features; to use automation to collect, infer or expose other users' personal data or to bypass consent or notice mechanisms; or to violate applicable law or the rights of others.

Supporting quotations

In addition to the restrictions in Section 4, you may not use the Services, including any AI Features, any information from them, or Outputs to:

deceive, impersonate, mislead, harass, exploit, or cause harm;

submit any malicious or infringing content to the AI Features;

use automation to collect, infer, or expose other users' personal data, or to bypass consent or notice mechanisms; or

violate applicable law or rights of others.

Legal Rights & Agreement Rules · Restriction or exception

Beta and experimental AI Features may change or end and are provided as is

Some AI Features may be offered as beta, preview, experimental or limited-release. They may change or be discontinued at any time and are provided "as is" without guarantees, to the extent permitted by law.

Supporting quotations

Some AI Features may be offered as beta, preview, experimental, or limited-release.

They may change or be discontinued at any time and are provided "as is" without guarantees, to the extent permitted by law.

Legal Rights & Agreement Rules · Restriction or exception

The Services are provided "as is" and Instacart disclaims all warranties

The Services, including the website and software, are provided "as is" and "as available". Instacart disclaims all representations, conditions and warranties, express, implied, legal or statutory, including implied warranties of merchantability, quality, fitness for a particular purpose, durability, title and non-infringement. The section summary says Instacart makes no promises about the Services, third parties or Retailers beyond what the law requires.

Supporting quotations

The Services are provided “as is.” We make no promises about the Services, third parties, or Retailers beyond what is required by law.

The Services (including our website and software) are provided “as is” and “as available.”

We disclaim all representations, conditions, and warranties—express, implied, legal, or statutory—including implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.

Qualifications & exceptions

• The disclaimers apply only to the extent permitted by law; a separate savings clause preserves rights that cannot be waived.

Legal Rights & Agreement Rules · Restriction or exception

No guarantee of reliable service, and no responsibility for economic losses such as lost data and downtime

Instacart does not guarantee that the Services, website or software will be reliable, timely, suitable, available, uninterrupted, error-free or free of viruses, and says they may change periodically at any time without notice. It is not responsible for economic losses or costs, for example loss of data, corruption, downtime or the cost of substitute services, that may result from your use of the Services.

Supporting quotations

We do not guarantee that the Services, website, or software will be reliable, timely, suitable, available, uninterrupted, error-free, or free of viruses or other harmful components.

subject to periodic changes that may occur at any time without notice

We are not responsible for any economic losses or costs (for example, loss of data, corruption, downtime, or the cost of substitute services) that may result from your use of the Services.

Legal Rights & Agreement Rules · Restriction or exception

No guarantee for Retailers or Third-Party Providers; the entire risk of using the Services stays with you

Instacart does not guarantee the quality, suitability, safety or ability of Retailers or Third-Party Providers. 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.

Supporting quotations

We do not guarantee the quality, suitability, safety, or ability of Retailers or Third-Party Providers.

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.

Legal Rights & Agreement Rules · Restriction or exception

You release Instacart from all claims, known or unknown, arising from disputes with Third-Party Providers

If you have a dispute with one or more Third-Party Providers, you agree to release Instacart, including its subsidiaries, affiliates, officers, directors, employees, agents, shareholders, retail partners, licensors and suppliers, from all claims, demands and damages of every kind, known or unknown, arising out of or in any way connected to such disputes. To the maximum extent permitted by law you also expressly waive rights under California Civil Code section 1542 and similar laws, which says a general release does not extend to claims the releasing party does not know or suspect to exist. Separately, disputes involving Third-Party Providers are covered by the arbitration agreement.

Supporting quotations

If you have a dispute with one or more Third-Party Providers, you agree to release Instacart

from all claims, demands, and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected to such disputes

To the maximum extent permitted by law, you expressly waive rights under California Civil Code § 1542 (and similar laws)

This Arbitration Agreement is binding on more than just you and Instacart.

Qualifications & exceptions

• The waiver of section 1542 rights applies "to the maximum extent permitted by law".
• The release is triggered by a dispute with a Third-Party Provider, not any dispute with Instacart.

Not stated here

• The Terms do not say whether the release applies when Instacart itself is at fault in connection with the dispute.

Cross-references

• related (model-proposed): The arbitration agreement also covers disputes with Retailers, shoppers, processors, advertisers and your family — references: Disputes with Third-Party Providers are both released against Instacart and covered by the arbitration agreement.

Legal Rights & Agreement Rules · User right or choice

Warranty disclaimers do not limit rights the law does not allow to be limited

Some laws, including U.S. federal, state or provincial laws, do not allow limits on implied warranties. Where those laws apply, the warranty disclaimers do not limit your rights. The Terms give you specific legal rights, you may have other rights that vary by jurisdiction, and the disclaimers apply only to the extent permitted by law.

Supporting quotations

Some laws (including U.S. federal, state, or provincial laws) do not allow limitations on implied warranties. Where those laws apply, the above disclaimers do not limit your rights.

The disclaimers above apply only to the extent permitted by law.

Cross-references

• qualifies (model-proposed): The Services are provided "as is" and Instacart disclaims all warranties — qualifies: The disclaimers apply only to the extent permitted by law and do not limit rights under laws that bar limiting implied warranties.

Legal Rights & Agreement Rules · Restriction or exception

Instacart and its partners exclude indirect damages and damages for physical injury, bodily injury or death

To the fullest extent permitted by law, Instacart and its retail partners, licensors and suppliers are not liable for indirect, incidental, special, punitive, exemplary or consequential damages, or for any damages relating to physical injuries, bodily injury, death, emotional distress or discomfort. Examples include loss of data, service interruptions, the cost of substitute goods or services and economic or business losses. The limit applies however the claim arises, including from your use of the Services, services by Third-Party Providers or products delivered to you, even if Instacart was told damages were possible.

Supporting quotations

To the extent permitted by law, Instacart’s liability for claims relating to the Services is limited, and certain types of damages are excluded.

are 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

This limitation applies regardless of how the claim arises

Qualifications & exceptions

• Applies "to the fullest extent permitted by law"; the savings clause preserves rights that cannot be limited.
• Covers Instacart and its retail partners, licensors and suppliers.

Legal Rights & Agreement Rules · Restriction or exception

Total liability is capped at the greater of $100 or what you paid Instacart in the prior 12 months

The total aggregate liability of Instacart and its retail partners, licensors, suppliers and distributors for all claims related to the Services, services provided by Third-Party Providers or products requested by or delivered to you will not exceed the greater of $100 or the amounts you paid to Instacart during the 12 months before the claim.

Supporting quotations

The total aggregate liability of Instacart and its retail partners, licensors, suppliers, and distributors for all claims related to the Services, any services provided by Third-Party Providers, or any products requested by you or delivered to you

will not exceed the greater of $100 or the amounts paid by you to Instacart during the 12 months before the claim

Qualifications & exceptions

• The cap is the greater of $100 or amounts paid to Instacart in the 12 months before the claim.
• Subject to the savings clause where laws do not allow such limits.

Legal Rights & Agreement Rules · User right or choice

Liability exclusions and caps apply only to the extent the law allows

Some laws, including U.S. federal, state or provincial laws, do not allow the exclusion or limitation of certain liabilities. Where those laws apply, the limitations do not limit your rights. The Terms give you specific legal rights, you may have other rights that vary by jurisdiction, and the exclusions and limitations apply only to the extent permitted by law.

Supporting quotations

Some laws (including U.S. federal, state, or provincial laws) do not allow the exclusion or limitation of certain liabilities. Where those laws apply, the above limitations do not limit your rights.

The exclusions and limitations above apply only to the extent permitted by law.

Cross-references

• qualifies (model-proposed): Instacart and its partners exclude indirect damages and damages for physical injury, bodily injury or death — qualifies: The exclusions of damages apply only to the extent permitted by law.
• qualifies (model-proposed): Total liability is capped at the greater of $100 or what you paid Instacart in the prior 12 months — qualifies: The aggregate cap applies only to the extent permitted by law.

Legal Rights & Agreement Rules · Restriction or exception

You must defend and indemnify Instacart and Retailers for losses tied to your use, account, disputes and AI outputs

You agree to defend, indemnify and hold harmless Instacart and Retailers, and their officers, directors, employees, agents and shareholders, from losses, claims, damages, penalties, fines, costs and expenses, including reasonable attorneys' and experts' fees, that arise out of or relate to: your unauthorized use of the Services or any breach of the Terms, including actual or alleged violations of law or the Community Guidelines; any access or use through your account by others, including your spouse, dependents, Recipients and AI Agents you enable or that act for you; any dispute or issue between you and a third party, including a Retailer or Third-Party Provider; and your later use of content generated by AI Features.

Supporting quotations

If your actions—or those of people using your account—cause problems, you agree to protect Instacart from related claims and costs.

You agree to defend, indemnify, and hold harmless Instacart and Retailers

Your unauthorized use of the Services or any breach of these Terms, including any actual or alleged violation of law, regulation, or the Instacart Community Guidelines for Customers.

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 or that operate on your behalf or otherwise at your direction.

Any dispute or issue between you and a third party (including any Retailer or Third-Party Provider).

Your subsequent use of content generated by AI Features.

Qualifications & exceptions

• Covers "actual or alleged" violations, and covers third-party disputes whether or not you are at fault.

Legal Rights & Agreement Rules · Company commitment

Termination keeps earlier rights and obligations, and provisions that survive by nature continue, including Sections 4-8

Termination does not affect rights or obligations that arose before termination. Provisions that by their nature should survive termination continue to apply, including Sections 4-8. Section 7 separately says the dispute resolution section survives termination or account closure.

Supporting quotations

Termination does not affect any rights or obligations that arose before termination.

Provisions that by their nature should survive termination will continue to apply, including Sections 4-8.

this Section 7 will survive termination of these Terms or of your access to the Services

Qualifications & exceptions

• Sections 4 through 8 are named as surviving; other provisions survive only if they do so "by their nature".

Not stated here

• The "Section 4" heading carries no visible number in the supplied text; subsections 4.1-4.4 identify it.
• Sections 1 to 3 are not named as surviving; whether provisions such as the Instacart+ terms survive is left to "by their nature".

Cross-references

• related (model-proposed): Section 7 survives termination of the Terms and account closure — references: Section 4-8 survival is stated in the termination clause and Section 7 repeats its own survival.

Legal Rights & Agreement Rules · Context

Disputes start with informal resolution, then go to the U.S. or Canadian arbitration agreement

Section 7 explains how disputes between you and Instacart are resolved. All users must first follow the informal dispute resolution process in Section 7.1. A dispute that remains unresolved is subject to the Arbitration Agreement in Section 7.2 for U.S. residents or Section 7.3 for Canadian residents, where permitted under the laws of the province or territory. Sections 7.2 and 7.3 together are called the "Arbitration Agreement".

Supporting quotations

All users must first follow the informal dispute resolution process in Section 7.1.

it is subject to the Arbitration Agreement in Section 7.2 (U.S. residents) and Section 7.3 (Canadian residents, where permitted under the laws of your province or territory)

The arbitration provisions in Sections 7.2 and 7.3 are collectively referred to as the “Arbitration Agreement.”

Legal Rights & Agreement Rules · Procedure

The side raising a dispute must send a written Notice with specific contents, for one claimant only

Before starting arbitration or court, whoever raises a dispute must send a written Notice and make good faith efforts to resolve it. The Notice must include the sender's name, telephone number, mailing address and email address (or Instacart's contact information if Instacart raises the dispute), a description of the dispute and basis for the claims, the remedy sought and a good-faith calculation of the amount in dispute, and an individualized personal signature. Requests for injunctive relief or attorneys' fees do not count toward the amount unless the injunctive relief seeks payment of money. Each Notice must relate to a single claimant, and consolidated, group, collective or mass Notices are not allowed.

Supporting quotations

the side raising the dispute must send a written notice and allow at least 60 days to try to work things out

You and Instacart agree to make good faith efforts to resolve any dispute through the Informal Dispute Resolution process

Whichever side raises the dispute must send the other party a written notice (“Notice”) that includes:

their name, telephone number, mailing address, and email address

a description of the dispute and the basis for the claims;

the remedy they’re seeking and a good-faith calculation of the amount in dispute

requests for injunctive relief or attorneys' fees do not count toward this calculation unless the injunctive relief seeks payment of money

their individualized personal signature.

Each Notice must relate to a single claimant only. Notices may not be submitted on a consolidated, group, collective, or mass basis.

Qualifications & exceptions

• Applies to whichever party raises the dispute; the exception for prohibited-by-law jurisdictions is in the 60-day rule.

Legal Rights & Agreement Rules · Procedure

Notices to Instacart go to its Legal Department in San Francisco; Instacart writes to your most recent delivery address

For a dispute you raise, send your Notice to Instacart, ATTN: Legal Department, 50 Beale Street, Suite 600, San Francisco, CA 94105. For a dispute Instacart raises, it will send its Notice to the most recent delivery address on your account.

Supporting quotations

For any dispute you raise, send your Notice to:

ATTN: Legal Department

50 Beale Street, Suite 600

San Francisco, CA 94105

For any dispute we raise, we’ll send our Notice to the most recent delivery address on your account.

Not stated here

• The Terms do not provide an email address for Notices; Instacart's Notice goes to the delivery address on your account, which may not be where you currently receive mail.

Legal Rights & Agreement Rules · Procedure

Either side may request an individual settlement Conference, which both parties must fully attend

The party receiving the Notice may request an individual settlement discussion by telephone or video conference during the resolution period. If a Conference is requested, you and Instacart must each fully participate; it is not enough for only lawyers to attend. If you have a lawyer they may also attend and Instacart may then have counsel present, but you need not hire a lawyer and participating without one does not affect your rights. Each Conference covers one dispute only, and multiple claimants may not join the same Conference, even with the same counsel, unless all parties agree.

Supporting quotations

The party receiving the Notice may request an individual settlement discussion by telephone or video conference during the resolution period (“Conference”).

you and Instacart must each fully participate—it is not enough for only lawyers to attend

You are not required to retain or be represented by a lawyer to participate in the settlement discussion. If you choose to participate without a lawyer, that will not affect your rights in any way.

if your lawyer attends, Instacart may also have counsel present

Each Conference covers one dispute only. Multiple claimants may not participate in the same Conference — even if represented by the same counsel — unless all parties agree.

Legal Rights & Agreement Rules · Procedure

The resolution period is at least 60 days, and statutes of limitation are tolled during it

After a compliant Notice, you and Instacart have 60 days, or longer if you both agree, to try to resolve the dispute, or until any requested Conference is complete, whichever is later. During the Informal Dispute Resolution period, applicable statutes of limitation and filing deadlines are tolled.

Supporting quotations

After receiving a compliant Notice, you and Instacart will have 60 days (or longer if you both agree) to try to resolve the dispute, or until completion of any Conference requested under this section, whichever is later.

During the Informal Dispute Resolution period, any applicable statutes of limitation and filing deadlines will be tolled.

Legal Rights & Agreement Rules · Restriction or exception

Informal resolution is a mandatory precondition to arbitration or court, with two exceptions

Compliance with the informal dispute resolution process is a mandatory precondition to starting any arbitration or court proceeding between you and Instacart. The exceptions are where delay would cause immediate and irreparable harm and the requesting party seeks temporary, preliminary or emergency injunctive or other emergency equitable relief, and where prohibited by applicable law in the jurisdiction where you live. Opting out of arbitration does not remove the informal dispute requirement.

Supporting quotations

Compliance with this informal dispute resolution process is a mandatory precondition to commencing any arbitration or court proceeding between you and Instacart

except where delay would cause immediate and irreparable harm and the requesting party seeks temporary, preliminary, or emergency injunctive or other emergency equitable relief, or where prohibited by applicable law in the jurisdiction where you reside

Opting out of arbitration does not affect any other part of these Terms, including the Informal Dispute Resolution requirement in Section 7.1

Cross-references

• qualifies (model-proposed): U.S. residents agree to binding arbitration instead of court, subject to exceptions and a 30-day opt-out — qualifies: Arbitration may begin only after the informal dispute resolution requirement is met, subject to its exceptions.

Legal Rights & Agreement Rules · Restriction or exception

U.S. residents agree to binding arbitration instead of court, subject to exceptions and a 30-day opt-out

If you live in the United States and a dispute is not resolved under Section 7.1, you and Instacart agree to resolve it through binding arbitration instead of in court, except as provided in Section 7.2.3 (Exceptions). You can opt out of the Arbitration Agreement within 30 days of first accepting the Terms by emailing arbitration-opt-out@instacart.com.

Supporting quotations

If you live in the United States and a dispute is not resolved under Section 7.1, you and Instacart agree to resolve it through binding arbitration instead of in court, except as provided in Section 7.2.3 (Exceptions).

You may opt out of this Arbitration Agreement within 30 days of first accepting these Terms.

Qualifications & exceptions

• Applies to U.S. residents; Canada is covered by Section 7.3.

Legal Rights & Agreement Rules · Context

The Federal Arbitration Act governs the arbitration agreement, with Delaware law as a fallback

The Federal Arbitration Act, 9 U.S.C. § 1 et seq., exclusively governs the interpretation and enforcement of the Arbitration Agreement and, to the fullest extent permitted, preempts state laws that would govern procedural or substantive aspects of arbitration. If the FAA does not apply to a particular issue, that issue is governed, to the fullest extent permitted, by Delaware law without regard to conflict-of-law rules.

Supporting quotations

The Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., exclusively governs the interpretation and enforcement of this Arbitration Agreement

preempts state laws purporting to govern either procedural or substantive aspects of arbitration to the fullest extent permitted

that issue will be governed by the law of Delaware, without regard to conflict-of-law rules

Legal Rights & Agreement Rules · Restriction or exception

The Arbitration Agreement covers almost any dispute with Instacart, including past conduct and post-termination disputes

The Arbitration Agreement covers any dispute, controversy or claim between you and Instacart ("Claims"), including Claims that arose from facts or conduct before the Terms' Effective Date (other than Claims already filed in arbitration or court before that date), and disputes that arise after the Terms end. Claims include disputes about the Terms themselves, including formation, validity and enforceability; your access to or use of the Services, including advertising or marketing communications; transactions through the Services, including goods delivered and their use or consumption; and any other aspect of your relationship or transactions with Instacart as a consumer. The "Effective Date" is not defined in the supplied text, which shows a last-updated date of May 7, 2026.

Supporting quotations

This Arbitration Agreement covers any dispute, controversy, or claim between you and Instacart (together, “Claims”)

including Claims that arose or involve facts or conduct that occurred before the Effective Date of these Terms (other than Claims that were already filed in arbitration or court before the Effective Date), as well as any disputes that may arise after the termination of these Terms

these Terms, including their formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability;

your access to or use of the Services, including receipt of any advertising or marketing communications and information on the Services;

any transactions through the Services, including goods or services purchased or delivered, and any use or consumption of those goods and services;

any other aspect of your relationship or transactions with Instacart as a consumer; and

Last updated: May 7, 2026

Qualifications & exceptions

• Claims already filed in arbitration or court before the Effective Date are excluded.
• Subject to the exceptions in Section 7.2.3, the opt-out, and Canada-specific rules.

Not stated here

• "Effective Date" is not defined in the supplied text.

Legal Rights & Agreement Rules · Restriction or exception

Covered Claims also reach any other consumer relationship with Instacart and Third-Party Disputes

The list of covered Claims continues: any other aspect of your relationship or transactions with Instacart as a consumer, and any Third-Party Disputes as described in Section 7.2.6.

Supporting quotations

any other aspect of your relationship or transactions with Instacart as a consumer; and

any Third-Party Disputes as described in Section 7.2.6.

Legal Rights & Agreement Rules · Restriction or exception

Claims that qualify for small claims court can stay there, and either side can move an arbitration to small claims

The first listed exception lets qualifying claims be brought in small claims court if they proceed there on an individual basis and stay there. If a Claim qualifies for small claims court but a party instead brings it in arbitration, the other party may elect to have it heard in small claims court. The election must be made before the arbitrator's initial conference, the arbitration is then administratively closed, and any dispute about whether the Claim qualifies is decided by the small claims court, not the arbitrator.

Supporting quotations

The following types of claims may be brought in court instead of arbitration:

Qualifying claims may be brought in small claims court, so long as the claims proceed there on an individual (non-class, non-collective, non-representative) basis and remain there.

the other party may elect to have the Claim heard in small claims court instead

The election to move a Claim to small claims court must be made before the arbitrator’s initial conference.

Any dispute about whether a Claim qualifies for small claims court will be resolved by that court, not by the arbitrator.

Qualifications & exceptions

• The claim must proceed in small claims court on an individual basis and remain there.

Cross-references

• narrows (model-proposed): U.S. residents agree to binding arbitration instead of court, subject to exceptions and a 30-day opt-out — exception_to: Small claims court is an exception to the agreement to arbitrate.
• contrast (model-proposed): Non-arbitrable claims: Delaware law and courts for U.S. residents; Quebec or Ontario for Canadians — contrast: Section 7.2.3 lets qualifying claims proceed in small claims court, while Section 8.3 says non-arbitrable claims have exclusive venue in specified courts; the Terms do not say how the two fit together.

Legal Rights & Agreement Rules · Restriction or exception

Either side may go to court for injunctive relief to protect intellectual property and proprietary rights

The second exception lets you or Instacart seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or unauthorized use of intellectual property, confidential information or other proprietary rights.

Supporting quotations

You or Instacart may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or unauthorized use of intellectual property, confidential information, or other proprietary rights.

Cross-references

• narrows (model-proposed): U.S. residents agree to binding arbitration instead of court, subject to exceptions and a 30-day opt-out — exception_to: Court actions for injunctive relief to protect intellectual property are an exception to the agreement to arbitrate.

Legal Rights & Agreement Rules · Restriction or exception

The arbitrator, not a court, decides if the arbitration agreement is valid, except for class-waiver disputes

You and Instacart agree the arbitrator, not any court or agency, has exclusive authority to decide disputes about the interpretation or application of the Arbitration Agreement, including its applicability, enforceability, formation, revocability, scope or validity, whether it is void or voidable, and threshold issues such as waiver, delay, laches, unconscionability or estoppel. The exception is that disputes about whether all or part of the class, collective and representative action waiver (Section 7.2.8) is unenforceable, illegal, void or voidable, or has been breached, are decided by a court.

Supporting quotations

the arbitrator, not any court or agency, has exclusive authority to decide disputes about the interpretation or application of the Arbitration Agreement

including whether all or part of it is void or voidable and any threshold arbitrability issues (such as waiver, delay, laches, unconscionability, or estoppel)

except that any dispute over whether all or part of Section 7.2.8 (Class, Collective, and Representative Action Waiver) is unenforceable, illegal, void or voidable, or that such section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator

Qualifications & exceptions

• Begins "Except as otherwise provided here", so other parts of the Arbitration Agreement can limit it.

Cross-references

• related (model-proposed): Claims must be brought individually; class, collective, coordinated and representative proceedings are waived — references: The delegation clause carves out disputes about the enforceability or breach of the class waiver, which a court decides.

Legal Rights & Agreement Rules · Procedure

Arbitration is run by the AAA under its Consumer Rules before a single neutral arbitrator

Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules. If the AAA Rules conflict with the Arbitration Agreement, the Arbitration Agreement controls. A single neutral arbitrator selected under the AAA Consumer Arbitration Rules decides the rights and obligations of you and Instacart.

Supporting quotations

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and, where applicable, its Mass Arbitration Supplementary Rules

If the AAA Rules conflict with this Arbitration Agreement, this Agreement controls.

A single neutral arbitrator selected in accordance with the AAA Consumer Arbitration Rules will decide the rights and obligations of you and Instacart.

Qualifications & exceptions

• Applies to U.S. residents (Section 7.2.5); Canadian arbitrations use ADRIC rules.

Legal Rights & Agreement Rules · Procedure

Arbitration is held where you live; claims of $10,000 or less are decided on documents unless a hearing is required

Except for batch arbitration, arbitration takes place in the county where you reside or another location you and Instacart agree on in writing. If your Claim is for $10,000 or less, it is decided on the submitted documents unless the arbitrator requires a hearing. For larger claims, your right to a hearing is determined by the AAA Rules.

Supporting quotations

arbitration will take place in the county where you reside, or another location you and Instacart agree on in writing

If your Claim is for $10,000 or less, arbitration will be decided on the documents submitted, unless the arbitrator requires a hearing.

For larger claims, your right to a hearing will be determined by the AAA Rules.

Except as provided in Section 7.2.9 (Batch Arbitration)

Qualifications & exceptions

• Batch arbitration (Section 7.2.9) has its own location rules.

Legal Rights & Agreement Rules · Restriction or exception

The arbitration agreement also covers disputes with Retailers, shoppers, processors, advertisers and your family

The Arbitration Agreement is binding on more than you and Instacart. It covers Third-Party Disputes, meaning any dispute or claim arising out of or relating to your use of the Services or your account that involves third parties, to the maximum extent permitted by law. These include claims involving Retailers; Third-Party Providers such as personal shoppers, delivery personnel or logistics partners; payment processors; fraud-prevention partners; advertisers; advertising measurement and analytics partners; co-branded product partners; and your spouses, dependents, heirs, third-party beneficiaries or assigns, all of whom are intended third-party beneficiaries. A Claim includes any dispute between you and a Retailer related to the Services or to white-label sites powered by Instacart. The Canadian section applies the same coverage subject to provincial law.

Supporting quotations

This Arbitration Agreement is binding on more than just you and Instacart. It also covers Third-Party Disputes

to the maximum extent permitted by law

Third-Party Disputes include claims involving Retailers; Third-Party Providers (including personal shoppers, delivery personnel, or logistics partners); payment processors; partners assisting in fraud prevention; companies advertising through the Services; partners providing advertising measurement, attribution, or analytics; companies offering co-branded services or products with Instacart; and your spouses, dependents, heirs, third-party beneficiaries, or assigns.

These are all intended third-party beneficiaries of this Arbitration Agreement.

a Claim under this Arbitration Agreement includes any dispute between you and a Retailer related to the Services or to services in connection with any white label sites that are powered by Instacart

including disputes involving Third-Party Providers and Retailers as described in Section 7.2.6

Qualifications & exceptions

• Applies "to the maximum extent permitted by law".
• Canadian residents: same coverage only to the extent permitted by provincial or territorial law.

Not stated here

• The Terms do not say how the listed third parties would enforce the arbitration agreement.

Legal Rights & Agreement Rules · Restriction or exception

You and Instacart waive the right to sue in court and have a jury or judge trial for covered claims

By entering into the Terms, you and Instacart waive any right to sue in court and have a trial in front of a judge or jury for claims covered by the Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

Supporting quotations

BY ENTERING INTO THESE TERMS, YOU AND INSTACART AGREE TO WAIVE ANY RIGHT TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT.

There is no judge or jury in arbitration, and court review of an arbitration award is limited.

Qualifications & exceptions

• Applies only to claims covered by the Arbitration Agreement; the Section 7.2.3 exceptions and the 30-day opt-out still apply.

Legal Rights & Agreement Rules · Restriction or exception

Claims must be brought individually; class, collective, coordinated and representative proceedings are waived

Each of you and Instacart may bring claims against the other only on an individual basis and not on a class, collective, coordinated, consolidated or representative basis, and the parties waive all rights to have any claim brought, heard, administered, resolved or arbitrated on such a basis. Only individual relief is available, except as otherwise required by applicable law. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only as needed for that party's individual claim. The Canadian section applies the individual-claims rule only to the maximum extent permitted by applicable law.

Supporting quotations

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

ONLY INDIVIDUAL RELIEF IS AVAILABLE, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW.

the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, and only to the extent necessary to address that party's individual claim

To the maximum extent permitted by applicable law, you and Instacart agree that disputes will be pursued on an individual basis and will not be brought as class, collective, or representative proceedings.

Qualifications & exceptions

• Individual relief only "except as otherwise required by applicable law".

Legal Rights & Agreement Rules · Restriction or exception

The arbitrator can award declaratory or injunctive relief only for the individual claimant's own claim

Subject to the Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to address that party's individual claim. This limits relief that would benefit other people.

Supporting quotations

the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, and only to the extent necessary to address that party's individual claim

Qualifications & exceptions

• Subject to the Arbitration Agreement, including the severability paragraph that follows.

Legal Rights & Agreement Rules · Restriction or exception

The class waiver does not limit batch arbitration or class-wide or mass settlements

Nothing in the class, collective and representative action waiver limits the Batch Arbitration procedures in Section 7.2.9 or prevents you or Instacart from taking part in a class-wide or mass settlement of claims.

Supporting quotations

Nothing in this Section limits the Batch Arbitration procedures in Section 7.2.9 or prevents you or Instacart from participating in a class-wide or mass settlement of claims.

Cross-references

• narrows (model-proposed): Claims must be brought individually; class, collective, coordinated and representative proceedings are waived — exception_to: The class waiver does not limit batch arbitration or class-wide or mass settlements.

Legal Rights & Agreement Rules · Restriction or exception

If the class waiver limits fail for a claim, only that claim is severed and may be litigated in court

If a final decision, not subject to any further appeal, finds that the limits in the class waiver subsection are invalid or unenforceable for a particular claim or request for relief, such as a request for public injunctive relief, only that claim or request is severed from the arbitration, and the severed claim may be litigated in a court of competent jurisdiction. This applies notwithstanding anything else in the Arbitration Agreement.

Supporting quotations

Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision — not subject to any further appeal or recourse — determines that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), then only that claim or request will be severed from the arbitration.

The severed claim may be litigated in a court of competent jurisdiction.

ONLY INDIVIDUAL RELIEF IS AVAILABLE, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW.

Qualifications & exceptions

• Requires a final decision not subject to any further appeal or recourse.
• Only the affected claim or request for relief is severed, not the whole arbitration agreement.

Cross-references

• qualifies (model-proposed): Claims must be brought individually; class, collective, coordinated and representative proceedings are waived — qualifies: If the class waiver limits are held invalid for a claim, only that claim is severed and may be litigated in court.

Legal Rights & Agreement Rules · Procedure

25 or more substantially similar demands from the same counsel within 90 days are handled as a batch

If 25 or more individual arbitration demands that are substantially similar are filed against Instacart by or with the assistance of the same law firm, group of law firms or organization acting together with such counsel (Claimant's Counsel) within a 90-day period, they are administered in coordinated batches with one arbitrator and one set of administrative fees per batch. The AAA may also apply the procedures to demands filed outside that period if it determines they involve the same Claimant's Counsel and are substantially similar. Demands are substantially similar if they arise out of or relate to the same or similar facts or legal issues.

Supporting quotations

if 25 or more individual arbitration demands (“Demands”) that are substantially similar are filed against Instacart by or with the assistance of the same Claimant’s Counsel, those Demands will be administered in coordinated batches

These Batch Arbitration procedures apply if 25 or more substantially similar individual arbitration Demands are filed against Instacart by or with the assistance of the same law firm, group of law firms, or organization acting together with such counsel (“Claimant’s Counsel”) within a 90-day period.

The AAA may also apply these procedures to Demands filed outside that period if it determines that they involve the same Claimant’s Counsel and are substantially similar.

Demands are “substantially similar” if they arise out of or relate to the same or similar facts or legal issues.

Qualifications & exceptions

• "Substantially similar" is defined broadly as the same or similar facts or legal issues.
• The trigger turns on the identity of counsel, not on the claimant.

Legal Rights & Agreement Rules · Procedure

Batched demands are grouped in 100s with one arbitrator, one fee set and one schedule per batch

The AAA administers demands in batches of 100; if between 25 and 99 are filed they form a single batch, and any remainder after batching is a final batch, with one arbitrator appointed per batch. Each batch has one set of administrative fees, one procedural schedule and no more than one hearing, with the hearing location chosen by agreement of counsel or otherwise by the arbitrator, and the AAA administers batches concurrently where possible. Each demand is still decided on an individual basis with a final award specifying relief for each claimant, and an award in one batch has no preclusive effect in another. You and Instacart agree to cooperate with the AAA, including paying single administrative fees per batch. Disputes about whether batching applies are resolved under the AAA's Mass Arbitration Supplementary Rules. The general rule of arbitrating in your home county is expressly subject to this batch section.

Supporting quotations

How Batching Works.

The AAA will administer Demands in batches of 100 Demands per batch.

The AAA will appoint one arbitrator for each batch.

with one set of administrative fees, one procedural schedule, and no more than one hearing per batch (if any)

The hearing location, if any, will be selected by agreement of counsel to the parties, or if counsel cannot reach agreement, by the arbitrator.

Each Demand will be decided on an individual basis, and the final award will specify the relief, if any, awarded to each individual claimant.

A final award in any one batch will have no preclusive effect in any other batch.

You and Instacart agree to cooperate in good faith with the AAA to implement this Batch Arbitration process, including by paying single administrative fees per batch

Any dispute regarding the applicability of the Batch Arbitration process will be resolved in accordance with the

Except as provided in Section 7.2.9 (Batch Arbitration), arbitration will take place in the county where you reside

Qualifications & exceptions

• Counsel for the parties, not necessarily the individual claimant, choose the hearing location in a batch.

Not stated here

• The Terms do not say how an individual claimant is informed of or can object to being placed in a batch.

Cross-references

• narrows (model-proposed): Arbitration is held where you live; claims of $10,000 or less are decided on documents unless a hearing is required — exception_to: Batch arbitration is excepted from the general rule that arbitration takes place in the county where the user resides.

Legal Rights & Agreement Rules · User right or choice

For Canadian residents the dispute terms apply only as provincial law permits; non-waivable rights stay

If you reside in Canada and a dispute is not resolved under the informal process, the Canadian terms apply. The dispute resolution provisions apply only to the extent permitted by the laws of your province or territory, and nothing in the Terms limits or takes away any rights you have under applicable consumer protection or other laws that cannot be waived or limited by contract.

Supporting quotations

If you reside in Canada and a dispute is not resolved under Section 7.1, the following applies:

The dispute resolution provisions in these Terms apply only to the extent permitted by the laws of your province or territory of residence.

Nothing in these Terms limits or takes away any rights you have under applicable consumer protection or other laws that can't be waived or limited by contract.

Legal Rights & Agreement Rules · Restriction or exception

Canadian arbitration covers the same disputes as the U.S. one, including third-party disputes, with the same exceptions

To the extent permitted by provincial or territorial law, the Canadian arbitration section applies to the same disputes described in the U.S. Covered Claims section, including disputes involving Third-Party Providers and Retailers, and subject to the exceptions in Section 7.2.3 such as small claims and intellectual property injunctions.

Supporting quotations

To the extent permitted by the laws of your province or territory, this Section 7.3 applies to the same disputes described in Section 7.2.2 (Covered Claims), including disputes involving Third-Party Providers and Retailers as described in Section 7.2.6, subject to the exceptions in Section 7.2.3.

Legal Rights & Agreement Rules · Procedure

Canadian arbitration is individual, under ADRIC simplified rules, seated usually in the provincial capital

Where permitted and enforceable, a Canadian dispute is resolved by binding arbitration on an individual basis, governed by the arbitration legislation of the province or territory of residence. Unless otherwise agreed, it is conducted under the simplified procedure rules of the ADR Institute of Canada. The seat is in the province or territory where you reside, by default its capital city, except Ontario residents (Toronto), Quebec residents (Montreal), British Columbia residents (Vancouver) and residents of the territories (Toronto, Ontario). The arbitration may be in person, by telephone, videoconference or written submissions.

Supporting quotations

Where permitted and enforceable under the laws of your province or territory of residence, the dispute will be resolved by binding arbitration on an individual basis as follows:

The arbitration will be governed by the arbitration legislation in force in your province or territory of residence

Unless otherwise agreed, the arbitration will be conducted under the simplified procedure rules of the ADR Institute of Canada, Inc. (ADRIC)

Unless the parties agree otherwise, the seat will be the capital city of that province or territory, except that for residents of:

Ontario, the seat will be Toronto;

Quebec, the seat will be Montreal;

British Columbia, the seat will be Vancouver; and

the territories, the seat will be Toronto, Ontario.

The arbitration may be conducted in person, by telephone, by videoconference, or through written submissions

Qualifications & exceptions

• Applies only where arbitration is permitted and enforceable under provincial or territorial law.

Legal Rights & Agreement Rules · Procedure

Canadian arbitrations can be in person, remote or written, before a single neutral arbitrator

A Canadian arbitration may be conducted in person, by telephone, by videoconference or through written submissions, as permitted by the applicable rules or agreed by the parties, and is conducted by a single neutral arbitrator in accordance with the applicable rules.

Supporting quotations

The arbitration may be conducted in person, by telephone, by videoconference, or through written submissions, as permitted by the applicable rules or agreed by the parties.

The arbitration will be conducted by a single neutral arbitrator, in accordance with the applicable rules.

Legal Rights & Agreement Rules · Restriction or exception

Canadian residents also agree to pursue disputes individually, to the maximum extent the law allows

To the maximum extent permitted by applicable law, you and Instacart agree that disputes will be pursued on an individual basis and will not be brought as class, collective or representative proceedings.

Supporting quotations

To the maximum extent permitted by applicable law, you and Instacart agree that disputes will be pursued on an individual basis and will not be brought as class, collective, or representative proceedings.

Qualifications & exceptions

• Applies "to the maximum extent permitted by applicable law", and is limited by the Statutory Rights paragraph.

Legal Rights & Agreement Rules · Restriction or exception

If arbitration is not permitted or enforceable, Canadian disputes go to the courts named in Section 8.3

Where arbitration is not permitted or enforceable under applicable law, disputes may be brought in the courts identified in Section 8.3.

Supporting quotations

Where arbitration is not permitted or enforceable under applicable law, disputes may be brought in the courts identified in Section 8.3.

Cross-references

• related (model-proposed): Non-arbitrable claims: Delaware law and courts for U.S. residents; Quebec or Ontario for Canadians — references: Where arbitration is unavailable, Canadian disputes go to the courts identified in Section 8.3.

Legal Rights & Agreement Rules · User right or choice

Nothing limits your statutory rights, including any class-proceeding right your province does not let you waive

Nothing in the Terms limits your statutory rights, including any right to participate in class or representative proceedings where your provincial law does not allow that right to be waived. This qualifies the individual-claims agreement for Canadian residents.

Supporting quotations

Nothing in these Terms limits your statutory rights, including any right to participate in class or representative proceedings where your provincial law does not allow that right to be waived.

Qualifications & exceptions

• Applies where provincial law does not allow the right to be waived.

Cross-references

• qualifies (model-proposed): Canadian residents also agree to pursue disputes individually, to the maximum extent the law allows — qualifies: The individual-claims agreement does not limit statutory rights, including class proceedings that provincial law does not allow to be waived.

Legal Rights & Agreement Rules · User right or choice

You can opt out of arbitration by email within 30 days of first accepting the Terms

You may opt out of the Arbitration Agreement within 30 days of first accepting the Terms by emailing arbitration-opt-out@instacart.com with your first and last name, the email address linked to your account and a clear statement that you intend to opt out. The opening notices describe the same 30-day opt-out for U.S. and Canadian residents, and the opt-out section applies to the Arbitration Agreement as a whole, which includes both the U.S. and Canadian sections.

Supporting quotations

You may opt out of this Arbitration Agreement within 30 days of first accepting these Terms.

email arbitration-opt-out@instacart.com with: (1) your first and last name; (2) the email address linked to your account; and (3) a clear statement that you intend to opt out of the Arbitration Agreement

YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS.

YOU MAY ALSO OPT OUT WITHIN 30 DAYS.

The arbitration provisions in Sections 7.2 and 7.3 are collectively referred to as the “Arbitration Agreement.”

Qualifications & exceptions

• The window runs from first acceptance, not from later updates.

Cross-references

• narrows (model-proposed): U.S. residents agree to binding arbitration instead of court, subject to exceptions and a 30-day opt-out — exception_to: Opting out within 30 days removes the user from the arbitration agreement.

Legal Rights & Agreement Rules · Restriction or exception

The opt-out window does not reset on updates, and each account holder must opt out personally

Your 30-day opt-out window runs from when you first accept the Terms and does not reset if Instacart updates them. If you opt out within your window, the opt-out remains effective and you need not opt out again when the Terms are updated. Each account holder must submit their own opt-out; opt-outs submitted by an attorney, or as part of a consolidated, mass or coordinated submission covering multiple accounts, are not effective.

Supporting quotations

Your 30-day opt-out window runs from when you first accept these Terms, and does not reset if we update them.

If you opt out within your 30-day window, your opt-out remains effective and you are not required to opt out again when we update these Terms.

Each account holder must submit their own opt-out.

Opt-outs submitted by an attorney on your behalf, or as part of a consolidated, mass, or coordinated submission covering multiple accounts, are not effective.

Legal Rights & Agreement Rules · Restriction or exception

Opting out does not change other arbitration agreements or the rest of the Terms

Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you currently have with Instacart, including earlier versions of this Arbitration Agreement that you agreed to and did not timely opt out of, which remain in effect, or on any you enter into in the future. Opting out of arbitration also does not affect any other part of the Terms, including the Informal Dispute Resolution requirement and the governing law and venue provisions in Section 8.3.

Supporting quotations

Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may currently have with us

including any previous versions of this Arbitration Agreement that you agreed to and did not timely opt out of, which remain in effect

Opting out of arbitration does not affect any other part of these Terms, including the Informal Dispute Resolution requirement in Section 7.1 and the provisions on governing law and venue in Section 8.3.

Qualifications & exceptions

• An earlier version you did not timely opt out of stays in effect even if you opt out of this version.

Legal Rights & Agreement Rules · Restriction or exception

Instacart can change the arbitration agreement, with notice before material changes; continued use means acceptance

Instacart may modify the Arbitration Agreement in the future and will post any updated version on its website. If it makes a material change it will notify you before the change takes effect, and continued use of the Services after the change takes effect constitutes acceptance. A material change does not apply to any Claim you had already given Instacart notice of under Section 7 before the change took effect. The opt-out window does not reset when the Terms are updated.

Supporting quotations

Instacart may modify this Arbitration Agreement in the future. We will post any updated version on our website at

If we make a material change to this Arbitration Agreement, we will notify you before the change takes effect.

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.

does not reset if we update them

Qualifications & exceptions

• Advance notice is promised only for material changes; the Terms do not say how long before.

Not stated here

• The length of advance notice for a material change to the Arbitration Agreement is not stated.

Legal Rights & Agreement Rules · Restriction or exception

If part of Section 7 is unenforceable it is severed, subject to the class waiver rule

Subject to the class, collective and representative action waiver, if any part of Section 7 is found void or unenforceable, that part is severed and the remainder stays in force.

Supporting quotations

Subject to Section 7.2.8 (Class, Collective, and Representative Action Waiver), if any part of this Section 7 is found to be void or unenforceable, that part will be severed and the remainder will stay in force.

Legal Rights & Agreement Rules · Company commitment

Section 7 survives termination of the Terms and account closure

Except as otherwise provided, Section 7 survives termination of the Terms or of your access to the Services and continues to apply even if you or Instacart close your account.

Supporting quotations

Except as otherwise provided, this Section 7 will survive termination of these Terms or of your access to the Services.

It will continue to apply even if you or we close your account.

Legal Rights & Agreement Rules · Permission or license

Instacart can add, change or remove features at any time without notice

Instacart may introduce new features, change existing ones or remove features at any time, without notice.

Supporting quotations

We may introduce new features, change existing ones, or remove features at any time, without notice.

Legal Rights & Agreement Rules · Restriction or exception

Instacart may update the Terms by posting them, notifies only for material changes, and you should stop if you disagree

Instacart may update the Terms from time to time and will post the current version on its website. If a change is material it 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. The Terms do not say how far in advance notice is given or when a change takes effect; the arbitration section separately promises notice before a material change to the Arbitration Agreement takes effect.

Supporting quotations

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.

If we make a material change to this Arbitration Agreement, we will notify you before the change takes effect.

Qualifications & exceptions

• Notice is promised only for material changes.

Not stated here

• The general Terms-change clause does not state how much advance notice is given or when changes take effect.

Cross-references

• contrast (model-proposed): Instacart can change the arbitration agreement, with notice before material changes; continued use means acceptance — contrast: The general clause lets Instacart update the Terms by posting them and notifying only for material changes without a stated lead time, while the arbitration clause promises notice before a material change takes effect.

Legal Rights & Agreement Rules · Restriction or exception

These Terms govern consumer use, but a conflicting supplemental agreement controls for the program it covers

If you have more than one agreement with Instacart, these Terms govern your use of the Services as a consumer. Other agreements you have accepted, such as the Business Account Terms, may also apply and supplement these Terms for specific programs, features or services. If a supplemental agreement conflicts with these Terms, the supplemental agreement controls to the extent of the conflict for the program, feature or service it governs. If you are separately engaged as an Instacart independent contractor, your Independent Contractor Agreement, not these Terms, governs that role.

Supporting quotations

If you have more than one agreement with Instacart, these Terms govern your use of the Services as a consumer.

Other agreements you've accepted (such as, for example, the Business Account Terms) may also apply and supplement these Terms for specific programs, features, or services.

If a supplemental agreement conflicts with these Terms, the supplemental agreement controls to the extent of the conflict for the program, feature, or service it governs.

If you are separately engaged as an Instacart independent contractor, your Independent Contractor Agreement—not these Terms—governs your relationship with Instacart in that capacity.

Not stated here

• The Business Account Terms and Independent Contractor Agreement are not supplied.

Legal Rights & Agreement Rules · Restriction or exception

Non-arbitrable claims: Delaware law and courts for U.S. residents; Quebec or Ontario for Canadians

For any claims not subject to arbitration, and without regard to conflict-of-law rules, U.S. residents are subject to Delaware law with venue exclusively in the state or federal courts in New Castle County, Delaware. Quebec residents are subject to Quebec law with venue in the courts of competent jurisdiction in Montreal, and other Canadian residents to Ontario law with venue in Toronto. In all cases you and Instacart consent to the personal jurisdiction of these courts. The arbitration section separately names small claims court and IP injunctions as court exceptions, and does not say where those must be filed.

Supporting quotations

For any claims that are not subject to arbitration, the following law and venue apply, in each case without regard to conflict-of-law rules:

U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware

Canadian Residents:

Residents of Quebec: Quebec law; venue exclusively in the courts of competent jurisdiction in the City of Montreal, Quebec

Other Canadian Residents: Ontario law; venue exclusively in the courts of competent jurisdiction in the City of Toronto, Ontario

In all cases, you and Instacart consent to the personal jurisdiction of these courts.

Qualifying claims may be brought in small claims court

Qualifications & exceptions

• Applies to claims that are not subject to arbitration; the arbitration agreement has its own governing law (the FAA, with Delaware law as a fallback).

Not stated here

• The Terms do not say whether the exclusive New Castle County venue limits where a small claims case may be filed.

Legal Rights & Agreement Rules · Permission or license

You agree to electronic notices and your clicks count as a signature

By using the Services or creating an account, you agree that Instacart may provide agreements, notices, disclosures and other communications electronically, for example by email, in-app message or push notification. Your electronic actions, such as clicking "I agree," "Continue," "Sign up" or "Place order," have the same legal effect as a handwritten signature. If you prefer not to receive communications electronically, you should stop using the Services.

Supporting quotations

you agree that we may provide agreements, notices, disclosures, and other communications electronically

Your electronic actions—such as clicking "I agree," "Continue," "Sign up," or "Place order"—have the same legal effect as a handwritten signature.

If you prefer not to receive communications electronically, you should stop using the Services.

Qualifications & exceptions

• The only stated way to avoid electronic communications is to stop using the Services.

Legal Rights & Agreement Rules · Context

The Terms plus additional agreements are the entire agreement; invalid provisions are narrowed, not voided

These Terms, together with any amendments, modifications or additional agreements you enter into with Instacart, are the entire agreement between you and Instacart regarding the Services. If a court of competent jurisdiction finds any provision invalid, that provision is limited to the minimum extent necessary and the remainder stays in full force and effect. The clause does not mention the Privacy Policy, which the opening says you also agree to.

Supporting quotations

These Terms (together with any amendments, modifications, or additional agreements you enter into with Instacart) are the entire agreement between you and Instacart regarding the Services.

If a court of competent jurisdiction finds any provision invalid, that provision will be limited to the minimum extent necessary.

By using the Services, you agree to these Terms and to our

Not stated here

• Whether the Privacy Policy forms part of the "entire agreement" is not stated in this clause.

Legal Rights & Agreement Rules · Restriction or exception

Not enforcing a provision does not waive Instacart's right to enforce it later

If Instacart does not enforce a provision of the Terms, that does not mean it waives the right to enforce that provision, any other provision or the Terms as a whole later.

Supporting quotations

If we do not enforce a provision of these Terms, that does not mean we waive the right to enforce it, or any other provision, or these Terms as a whole later.

Legal Rights & Agreement Rules · Restriction or exception

You cannot assign your rights; Instacart can assign its rights without limit

You may not assign your rights, licenses or obligations under the Terms, and any attempt to do so is void. Instacart may assign its rights, licenses and obligations under the Terms without limitation.

Supporting quotations

You may not assign your rights, licenses, or obligations under these Terms. Any attempt to do so is void.

Instacart may assign its rights, licenses, and obligations under these Terms without limitation.

Legal Rights & Agreement Rules · Procedure

Terms questions go to Instacart's San Francisco address or legal@instacart.com; customer service has other routes

For questions or comments about the Terms, contact Instacart at 50 Beale St., Suite 600, San Francisco, CA 94105, legal@instacart.com. For customer service, review account settings, visit the Help Center, or call 1-888-246-7822.

Supporting quotations

For questions or comments about these Terms, contact us at:

Instacart

50 Beale St., Suite 600

San Francisco, CA 94105 legal@instacart.com

For customer service, please review your account settings, visit the Help Center, or call 1-888-246-7822.

Legal Rights & Agreement Rules · User right or choice

California residents may report complaints to the California Division of Consumer Services

California residents are told that under Cal. Civ. Code § 1789.3 they may report complaints to the Division of Consumer Services of the California Department of Consumer Affairs, 1625 N. Market Blvd., Ste. N 112, Sacramento, CA 95834, or call 1-800-952-5210 or 916-445-1254.

Supporting quotations

California residents: Under Cal. Civ. Code § 1789.3, you may report complaints to the Division of Consumer Services of the California Department of Consumer Affairs