Terms and Conditions

Thanks for using Instacart!

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, as described below. 

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

“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.

IMPORTANT: ARBITRATION AGREEMENT & CLASS ACTION WAIVER 

Before initiating any legal proceedings, all users must complete a 60-day informal dispute resolution process, except where prohibited by applicable law. See Section 7. 

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, WHICH REQUIRES BINDING, FINAL ARBITRATION—NO CLASS ACTIONS OR JURY TRIALS. PLEASE READ SECTION 7 CAREFULLY.

YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS. SEE SECTION 7 (DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) FOR WHAT'S COVERED, EXCEPTIONS, FEES, RULES, AND HOW TO OPT OUT.

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. SEE SECTION 7. 

By using the Services, you agree to these Terms and to our Privacy Policy (how we collect, use, and disclose personal information). If you access the Services through a Business Account, the Instacart Business Account Terms also apply.

1. About Instacart & How It Works

This section explains the basics of using Instacart day-to-day: who we are, how you place and receive orders, how delivery works, how pricing and payments function, and how we communicate with you.

1.1. Who We Are & Scope

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 Platform. 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.

Third-Party Providers. 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 (collectively, "Third-Party 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.

Feature Availability. 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.

Your Authorization. When you place an order, you authorize the purchase of goods from the Retailers you select. If you choose delivery, you also authorize the delivery of those goods by Third-Party Providers. Unless otherwise specified in these Terms, Instacart and the applicable Third-Party Provider act as your agents for ordering, picking, packing, and/or delivering the goods you selected.

Merchant of Record. 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.

No Employment Relationship. 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 or as otherwise expressly provided in these Terms or any separate agreement between you and Instacart.

1.2. Ordering & Fulfillment

Delivery Timing. 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 due to operational or external factors. Instacart and Third-Party Providers are not responsible for delays or failures in performance resulting from events beyond our reasonable control. 

Your Responsibilities. You must provide an accurate delivery address and any necessary delivery instructions (for example, building code, gate access, or safe drop-off location). Some orders may require an adult to be present, including for age-restricted products. 

Delivery Restrictions. We may be unable to complete delivery to certain locations (e.g., where local law or property rules restrict delivery). If delivery fails due to circumstances within your control—such as an incorrect delivery address or failing to be present for an attended delivery—we may deny refund and redelivery requests.

Contactless Delivery. You accept full responsibility for your 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 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. See Sections 2.1, 2.2, and 2.3 below. 

Out of Stock Items. If an item in your order is unavailable, we have two ways to help: 

• Item Substitutions. You can request a specific substitute or let your shopper suggest one. You’ll be charged based on the substitute item’s price. 

• Second Store Check. Instacart may also check a second store and send another shopper with the item(s) if found. This creates a second order, which you may cancel at no cost prior to delivery.

1.3. Pricing, Fees & Payments

Your order total includes the cost of goods, along with any applicable fees, taxes, and tips. Retailers—not Instacart—set the prices of goods, and both prices and fees may change.

Retailer-Set Pricing. Retailers control their own pricing. Some Retailers may set prices on the Services that differ from in-store prices, vary across storefronts, or differ from prices offered on other platforms or services. The prices displayed on the Services may not be the lowest available prices for the same items. Retailers may also operate multiple storefronts with different pricing, selection, and order fulfillment. You can view each Retailer's pricing policies on their storefront in the app or website.

Instacart Fees. We may charge different fees for the Services, which may change from time to time. These may include delivery fees, priority fees, service fees (including additional service fees and/or surcharges to offset costs), direct-to-consumer shipping fees, long-distance fees, regulatory-related fees, bag fees, and special handling fees. Fees may also vary based on demand, order attributes, or other factors.

Payment Authorizations. 

• Generally. By placing an order, you authorize Instacart or the applicable Retailer to obtain an authorization hold on your payment method (credit card, debit card, or other method on file) to cover the cost of goods, Instacart fees, and any optional tips. Your payment method will be charged for the goods, fees, taxes, and tips once the order is finalized.

• Temporary Authorizations. We may temporarily authorize your payment method for an amount higher than the checkout total. We disclose this during checkout. This covers situations where your order total changes—for example, from special requests, added items, replacements, weight adjustments, or tips added after delivery.

• Multiple Authorizations. If your order changes after you place it (for example, if you add items, request replacements, or your shopper makes adjustments), we may place additional temporary authorization holds on your payment method for the same order. These are temporary holds, not charges. They will be released according to your financial institution's policies. You will only be charged once for the final order total. If you see multiple pending authorizations, they are not duplicate charges—your card will only be charged for the actual goods and services you receive.

Currency. Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where delivery takes place.

1.4. Cancellations, Refunds, Returns & Order Issues

You can usually cancel or reschedule an order before a shopper starts shopping. After that, cancellations and refunds may be limited, fees may apply, and items already purchased may not be refundable. Instacart may cancel or refuse orders at any time.

Timing Limits. Once a shopper has started shopping your order or delivery has started, you may not be able to cancel or reschedule. If we are able to accommodate your request at that stage, you may be charged a fee, and items already purchased on your behalf may not be refundable. For information about cancellation fees, see the Help Center.

Refunds & Returns. Refund eligibility and timing vary by item and by Retailer policy. Service fees are generally not refundable for returned items. If your order is refunded, we may issue a refund, replacement, or credit at our discretion.

Reporting Order Issues. Report issues with your order (e.g., missing, damaged, or incorrect items) as set out in the Help Center.

1.5. Communications

You agree that we, our affiliated companies, and Third-Party Providers may contact you about your orders and account. You can opt out of promotional messages, but you may still receive service communications.

Service Communications. You agree to receive communications from Instacart, its affiliated companies, and/or Third-Party Providers, including by email, text message, calls, and push notifications. These communications may be sent to the email address or cellular telephone number you provide to Instacart, or to your devices. These communications may be generated by automatic telephone dialing systems or may deliver prerecorded messages about your orders or account. Message and data rates may apply.

SMS/Text Messaging. By providing your mobile phone number, you consent to receive automated text (SMS) messages from Instacart, its affiliated companies, and/or Third-Party Providers related to your orders, deliveries, and account. By providing your consent to receive text messages, you understand that messages may be delivered at any time, even if they fall outside federal, state, or locally defined quiet hours. Message frequency varies depending on your activity. To opt out, reply STOP. For help, reply HELP or contact us directly at 1-888-246-7822 or help@instacart.com. For questions about your text or data plan, contact your wireless provider. Message and data rates may apply. Carriers are not liable for delayed or undeliverable messages. 

Promotional Communications. If you do not wish to receive promotional emails, texts, push notifications, or other communications, you can opt out at any time in your account settings, by using the unsubscribe mechanism included in the message, where applicable. You may also opt out of receiving promotional text messages from Instacart by replying “STOP” from the mobile device receiving the messages. Opting out of promotional messages does not affect service or transactional communications (e.g., about your orders or account).

1.6. Coupons & Promotions 

We may provide you with promotion codes, discounts, coupon codes, or offers ("Coupons"). Coupons are discretionary and may have restrictions or be subject to additional manufacturer, Retailer, or other offeror terms. 

General Rules. Coupons: 

• May change, expire, or be canceled at any time. 

• Apply only to qualifying items displaying the offer, and you must complete the purchase before the Coupon expires. 

• Generally may not be combined with other offers, rebates, or promotions. 

• May not be sold, copied, modified, or transferred. 

• Have no cash value.

• May be limited to one per user unless otherwise stated. 

• Are void where restricted or prohibited by law and valid only while supplies last.

Taxes & Returns. You are responsible for any applicable taxes or levies on purchases, even when using a Coupon; Instacart has no obligation to pay any such taxes or levies. Sales tax may be calculated on the original, undiscounted price of items purchased with a Coupon. If you return a product purchased with a Coupon, the Coupon’s value will be deducted from the refund or credit.

More Information. You can find more information about Coupons and other separate promotions that may be available from time to time on Instacart’s website, mobile applications, and Retailers’ white label sites that are powered by Instacart in the Help Center. 

1.7. Credits

We may offer you account credits ("Credits"). Credits are subject to additional Instacart Credit Terms. Credits have no cash value.

Expiration. Unless otherwise stated, Instacart may change the expiration date of Credits with 30 days' email notice. 

Caps. Instacart may cap or adjust Credits so that your account does not hold more than $1,500 total or more than $2,000 added in a single day. 

Ineligible items. We may restrict the use of Credits for certain items (such as alcohol or prescriptions) and may disallow Credits to cover fees, taxes, or tips. Credits may not be used to pay for Instacart+ membership fees or restaurant orders. Certain Credits may not be combined with Coupons or other credits in the same order. 

1.8. Service Information & Accuracy

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.

Errors & Corrections. The Services may occasionally display typographical errors, inaccuracies, or omissions (for example, in pricing, product descriptions, promotional offers, or product availability). We may correct or update such information at any time without prior notice and may refuse or cancel orders affected by it—even after an order is submitted or your payment method has been charged. 

Third-Party Content. Instacart does not assume responsibility for any products, content, services, websites, advertisements, offers, or information provided by third parties and made available through the Services. 

Results May Vary. Results you see on the Services—such as search results or recommendations, or AI Features—may differ between users or over time and may not always be identical or consistent.

Health & Nutrition Information. Health, wellness, and nutritional information 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.

1.9. In-Store Features

You may have access to certain features on the Services that are intended to be used while shopping in Retailers’ physical stores, including In-Store Mode and Scan & Pay (“In-Store Features”). In-Store Mode allows customers to browse items via the Services that are available for purchase in Retailers’ stores. Scan & Pay allows you to scan and pay for items via the Services on your mobile device while shopping in Retailers’ stores.

Retailer Terms Apply. In addition to these Terms, 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”). Retailer Terms govern issues such as hours of operation, in-store conduct, refunds, returns, and Retailer loyalty programs when using In-Store Features.

Pricing. Retailers set the prices for In-Store Features and may update them in real time. Prices shown in the app may not always match the price in-store. If there is a discrepancy, you must alert a Retailer employee, and the in-store price prevails, as determined by the Retailer. Not all in-store promotions, discounts, or items may be available on In-Store Features.

Scan & Pay Duties. 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.

Completing Purchases. 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).

Verification. Retailer personnel may check your bags, compare scanned items to your cart, or rescan items to verify proper use. If there is a difference between your scan and the re-scan, the Retailer's re-scan is final. If you scan items incorrectly on multiple occasions, we may suspend, disable, or terminate your use of Scan & Pay or the Services.

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

Ownership & Data. Instacart and its licensors retain ownership of the Services and any images scanned by the application. We may retain images of scanned items to improve the Services. Instacart does not own the media or device on which the Services are downloaded, recorded, or stored.

2. 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.

2.1. Alcohol

Compliance with Law. You agree to follow all laws and regulations that apply to alcohol purchases and deliveries, and not cause Instacart or any Third-Party Provider or Retailer to violate those laws.

Age Requirements. 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

Verification at Delivery. When alcohol is delivered by a Third-Party Provider:

• The recipient must show valid government-issued photo identification proving age.

• The Third-Party Provider will electronically scan the ID.

• The Third-Party Provider may require the recipient’s signature.

• The recipient must not show any signs of intoxication when receiving the delivery.

• Alcohol may not be purchased to resell or to provide to anyone under legal drinking age.

• If verification requirements are not met, the alcohol will not be delivered and the alcohol portion of the order will be canceled.

Restricted Delivery Locations. 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. Please see the Help Center for a complete list of establishments to which alcohol delivery is prohibited. 

Cross-State Alcohol Delivery Restrictions. We do not deliver alcohol across state lines; alcohol may only be delivered to an address within the same state as the fulfilling retailer, and any ineligible items will be removed at checkout.

No Substitutions. Special requests or substitutions for alcohol are not permitted. Alcohol must be ordered directly from catalog items available on the Services at the time of checkout.

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

2.2. Delivery of Prescription Drug Products (Instacart Rx)

In certain areas, you can order prescription drug products through Instacart Rx. These orders are subject to strict rules and are fulfilled by licensed pharmacies and Third-Party Providers—not by Instacart.

Scope & Eligibility. Prescription drug delivery is available only in certain geographic areas. Instacart is not a pharmacy. We do not dispense prescriptions or provide medical care, and we do not recommend or refer you to particular pharmacies. 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.

Membership Benefits. Prescription drug deliveries are not eligible for Instacart+ benefits.

No Warranties. Instacart makes no warranties about the quality of prescription drug products or the services provided by any pharmacy. If you have an issue with prescription processing, you should contact the pharmacy directly.

Age Requirements. By placing an order for a Prescription Drug Product, you represent that both you and the Recipient (if different) are of legal age in the delivery location to purchase, possess, use, and/or consume the Prescription Drug Product.

Verification at Delivery. When Prescription Drug Products are delivered by a Third-Party Provider:

• The recipient must show valid government-issued photo identification proving age.

• The Third-Party Provider will electronically scan the ID.

• The Third-Party Provider may require the recipient’s signature.

• The recipient must not show any signs of intoxication when receiving the delivery.

• Prescription Drug Products may not be purchased for resale or for anyone who is not of legal age.

• If verification requirements are not met, the Prescription Drug Product will not be delivered and that portion of the order will be canceled.

Unattended Prescription Deliveries. Where available, you may elect to have prescription drug products delivered without signature or in-person handoff ("Unattended Delivery"). By choosing Unattended Delivery, you acknowledge and agree to the following: 

• Consent to Delivery at Address. 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.

• Packaging and Visibility. Prescription drug products are typically provided in packaging intended to protect the contents during transit and to limit visibility of the medication inside. Packaging may display the recipient’s name, delivery address, and other information required by law. Instacart does not control the pharmacy’s packaging practices and does not guarantee that packaging will prevent loss, theft, tampering, temperature exposure, or disclosure of information.

• Assumption of Risk. 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. These risks include, without limitation:

  • Loss, theft, or damage. 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.

  • Delay and adverse health consequences. If your prescription is lost, stolen, damaged, or delayed as a result of Unattended Delivery, you may experience a delay in receiving or taking your medication as prescribed, which could result in serious adverse health consequences, including bodily injury or death.

  • Privacy disclosure. If a prescription package is taken, opened, or viewed by a third party, personal or sensitive health information may be disclosed. Such information could include, without limitation, information relating to disabilities, mental health conditions, HIV status, sexually transmitted infections, or other medical conditions.

• Waiver and Release. To the maximum extent permitted by law, you waive, release, and discharge Instacart, its affiliates, and Third-Party Providers from any and all claims, demands, liabilities, damages, losses, or injuries arising out of or related to Unattended Delivery, whether arising directly or indirectly and 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.

• Indemnification. You agree to defend, indemnify, and hold harmless Instacart, its affiliates, and Third-Party Providers from and against any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your election of Unattended Delivery.

You may opt out of Unattended Delivery at any time by updating your delivery preferences or contacting customer support.

No Medical Advice. Instacart does not provide medical advice, diagnosis, or treatment. No pharmacy–patient or physician–patient relationship is created through your use of the Services. We encourage you to consult your healthcare provider or pharmacist with any medical questions.

Household Prescriptions. If you use the Services to 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 such person.

Communications. Any questions about a prescription drug product you order through the Services must be handled by telephone. Please contact the dispensing pharmacy directly. Retailers (including pharmacies) and/or Instacart may send you unencrypted SMS messages, push notifications, or other electronic notices about your prescription orders. There is some risk that these messages could be read by unintended third parties. By using the Services to order prescription drug products, you waive and release any claims (to the maximum extent permitted by law) against Instacart, our affiliates, and Third-Party Providers for any harm or damage arising out of or related to these communications.

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

2.3. Other Age-Restricted Products

Compliance with Law. You agree to follow all laws and regulations that apply to age-restricted product purchases (for example, spray paint or dextromethorphan) and deliveries, and not cause Instacart or any Third-Party Provider or Retailer to violate those laws. The minimum age requirements vary based on the product(s) and jurisdiction(s).

Age Requirements. By placing an order for age-restricted products 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.

Verification at Delivery. When age-restricted products are delivered by a Third-Party Provider:

• The Recipient must show valid government-issued photo identification proving age.

• The Third-Party Provider will electronically scan the ID.

• The Third-Party Provider may require the recipient’s signature.

• The recipient must not show any signs of intoxication when receiving the delivery.

• Restricted products may not be purchased for resale or for anyone who is not of legal age.

• If verification requirements are not met, the age-restricted products will not be delivered and the age-restricted product portion of the order will be canceled.

Restricted Delivery Locations. Instacart does not allow delivery to certain types of establishments. You're responsible for ensuring that delivery is allowed to the delivery address. Please see the Help Center for a complete list of establishments to which delivery is prohibited.

No Substitutions. 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.

2.4. SNAP/EBT

Eligible U.S. customers can use a valid EBT card to pay for SNAP-eligible food items on Instacart. Availability varies by Retailer and geography. Other rules and limits apply.

Your Authorization. By providing your EBT card information, you represent and warrant that you are legally authorized to use that card and you authorize us to use the information to provide the Services. If the card information cannot be verified, is invalid, or otherwise not acceptable, we may suspend or cancel your access to the Services.

Eligible Items. SNAP EBT funds may only be used for eligible food items. SNAP eligibility is determined by the U.S. Department of Agriculture. You can learn more here.

Payment Methods. When you link an EBT card to your Instacart account, you confirm the card information is current and valid. You must also link a credit or debit card to cover fees, taxes, delivery tips, and any other non-EBT eligible items. Instacart does not accept EBT cash.

How to Use SNAP/EBT On Instacart. If you have questions about using your SNAP EBT card on Instacart please see: https://www.instacart.com/help/article/ebt-snap-overview.

2.5. Gift Cards

Instacart offers currency-denominated digital and physical gift cards that can be redeemed for eligible goods and services only on Instacart’s website and apps, and on certain Retailers’ “white label” sites that are powered by Instacart (“Gift Cards”).

Gift Card Terms. When you purchase or redeem a Gift Card, you agree to both these Terms and the Instacart Gift Card Terms & Conditions.

Use of Gift Cards. Gift Cards cannot be used to pay for an Instacart+ membership fee, unless you purchase an Instacart+ Gift Card for that purpose. Gift Cards cannot be used for restaurant orders.

2.6. Retailer Memberships

Certain Retailers may allow you to purchase memberships through the Services. If you purchase a Retailer membership through the Services, you are buying it directly from the Retailer, not Instacart. You will be charged separately by the Retailer, and Instacart is not a party to the membership agreement. The membership is subject to the Retailer's own terms and conditions, which you should review carefully. For questions about your membership or account management, contact the Retailer directly.

2.7. Gifts & Orders for Others

You may send orders to third-party recipients (“Recipients”). You’re responsible for any information about Recipients that you share with us. 

Recipient Data You Share. If you provide information about a Recipient to Instacart, you represent that you have obtained all legally required consents or authorizations to share it with us. This information may include: 

• Contact information (including the Recipient’s name, address, and telephone number);

• Relationship or association with you (for example, identifying the Recipient as your spouse, friend, or family member); 

• Program participation (such as food security or food assistance benefits); and 

• Preferences, statuses, or other personal information.

Where applicable, you represent that you have obtained any authorizations needed to share Recipient data with us without causing Instacart to become your “Business Associate” under the Health Insurance Portability and Accountability Act (HIPAA).

Communications with Recipients. If you provide a Recipient’s contact information, you represent that you have obtained their consent for Instacart to send them communications (including emails, texts, calls, or push notifications). These may include automated or prerecorded messages sent by or on behalf of Instacart or Third-Party Providers. Message and data rates may apply, and we are not responsible for delayed or undelivered messages.

Use of Recipient Data. We use Recipient data in the ordinary course of business. We are not responsible or liable if you or anyone else fails to obtain proper consent or authorization from a Recipient.

3. Instacart+ (Membership)

Instacart+ is a paid membership program that waives certain delivery fees on qualifying orders. Memberships may renew automatically unless canceled, depending on your membership type. Membership fees are fully earned upon payment and non-refundable except as expressly described below.

Core Benefits. With Instacart+, the delivery fee is waived when you place an eligible order from a Retailer through the Services, subject to the limitations below. The eligible order minimum shall not exceed $35. You can confirm availability of additional benefits and view additional benefit terms in the Help Center.

What Instacart+ Doesn't Include. 

• Instacart+ benefits are not available on all Instacart Services, including Groceries Powered by Instacart (embedded partner experiences); select locations, prescription medication orders, and pickup orders; 

• Restaurant delivery fee waivers (where available) are discretionary and not a guaranteed benefit of the program;

• Benefits may differ on Retailer-powered sites;

• Instacart+ does not guarantee faster delivery times, priority or guaranteed time slots.

• Other charges still apply (including service fees, surcharges (e.g., fuel surcharges), priority fees, direct-to-consumer shipping, long-distance, regulatory, bag, special handling, taxes, tips);

• Restrictions may apply when combined with other offers.

AUTOMATIC RENEWALS. UNLESS YOU CANCEL, YOUR INSTACART+ MEMBERSHIP WILL AUTOMATICALLY RENEW FOR THE MONTHLY OR ANNUAL TERM YOU SELECTED, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO AN ACTIVE PAYMENT METHOD ON FILE IN YOUR ACCOUNT AT THE TIME OF RENEWAL (WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW). YOU AUTHORIZE US TO CHARGE ANY ACTIVE PAYMENT METHOD ON FILE FOR EACH RENEWAL TERM UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. AUTO-RENEWAL TERMS MAY VARY DEPENDING ON YOUR MEMBERSHIP TYPE. 

• Billing dates. Your billing date depends on the subscription type you select and is shown on your “Your Instacart+ Membership” page. You will be charged within 24 hours of the billing date indicated on the “Your Instacart+ Membership” page. Billing dates may shift in certain circumstances (for example, due to holidays, technical issues, or payment processing issues). 

• Payment methods. If your payment details change, your card issuer may provide us with updated information, which we may use to prevent interruption of your membership. You must keep billing information truthful and accurate and represent that you are authorized to use the payment method. To opt out of card-updater services, contact your card issuer.

• Failed payments. If a payment is declined or not successfully made, you remain responsible for all amounts due. We may retry an authorized payment method and may suspend your access to the Services, including Instacart+, until a valid payment method is successfully charged. 

Cancellation & Refunds. You can cancel your membership at any time through your “Your Instacart+ Membership” page by following the “Cancel Membership” link. Instructions for managing your membership are available in the Help Center.

• Annual memberships: If canceled within the first 5 calendar days of a paid term or renewal, you may receive a refund of the membership fee—but only if you have not used Instacart+ benefits during that period. Annual memberships canceled after the 5-day window are non-refundable, unless a refund is required by applicable law in the jurisdiction where you reside. 

• Monthly memberships: Monthly membership fees are not refundable. If you cancel, you can continue to use benefits until the end of the paid term, and your membership will not auto-renew.

• Third-party purchases: Certain purchases or subscriptions made through third-party partners while using your Instacart+ membership may not be eligible for refund. If a third-party purchase is refundable, the third party (not Instacart) is responsible for processing the refund.

Trials & Promotions. Trial or promotional memberships may be offered to select users. These additional benefits or features may not be available to all subscribers and may be subject to additional terms referenced in the offer terms or included in the Instacart+ Promotional Terms and Conditions. Only one trial/promo per household; not combinable with other offers. At the end of a trial/promo, we automatically charge your payment method unless you cancel first. If you cancel your Instacart+ membership before the free trial or promotional membership period has expired, Instacart will not charge you for the subsequent Instacart+ membership term unless you restart your membership.

Fee Changes. Instacart may change the monthly or annual fee charged for membership at any time, but any such fee change will not apply to current Instacart+ members until such time as their current memberships expire and their memberships are renewed for another term. Where the fee has increased, Instacart will notify you prior to the renewal of your membership of the relevant fee increase. If you do not wish to accept the new fee, you may cancel before the new rate takes effect.

Membership Changes. 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.

Non-Transferable. Your membership may not be transferred or assigned. 

Personal Use Only. Instacart+ memberships are for personal, non-commercial, household use only. You may not use an Instacart+ membership for any commercial purpose, including but not limited to: reselling goods purchased through the Services, operating a drop-shipping business, bulk purchasing for business operations, or any other commercial or business-to-business use. We may suspend or cancel memberships used for commercial purposes. For information about Instacart+ membership options for your business, visit instacart.com/business or contact the Instacart Business sales team.

Our Rights. Instacart reserves the right to accept, refuse, or cancel any membership at any time in its sole discretion.

4. Access & Responsible Use

You must use the Services lawfully, safely, and respectfully. This section explains your responsibilities when using the Services and the rules that apply to your access.

4.1. Access & Eligibility

Your Responsibility. You may need to create a user account to use certain features. You’re responsible for all activity conducted through your account or associated with your use of the Services, including any orders placed and any activity conducted by any person or system you authorize, permit, enable, deploy, delegate to, or otherwise cause to access or use the Services. Keep your access credentials secure and notify us promptly if you suspect unauthorized use.

Eligibility & Authority. By using the Services, you represent that you are of legal age in the jurisdiction in which you reside to form a binding contract with Instacart. If you use the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" means both you individually and the organization.

Instacart's Rights. If we suspect or determine, in our sole discretion, any fraud, tampering, abuse, or violation of these Terms, we may cancel or decline orders, refuse partial or full delivery, restrict or terminate access to accounts or Services, decline or reverse refunds, charge your payment method on file for amounts you owe to Instacart, revoke or terminate incentives or benefits, or take other remedial measures.

Business Use. If we determine you're using your account primarily for business purposes, we may convert it to an Instacart Business Account, which includes additional benefits designed for businesses. We'll notify you before any conversion, and you can elect to remain on your current account. Learn more about Instacart Business.

4.2. Acceptable Use, License & Community Standards

License to Use the Services. Instacart grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purposes, subject to these Terms and our policies. This license does not permit automated, programmatic, or agentic access except as expressly authorized under Section 4.4.

Community Standards & Law. 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.

4.3. Platform Security & Data Misuse

Technical Restrictions. You—and any person or system you authorize, permit, enable, deploy, delegate to, or otherwise cause to access or use the Services (including household members, employees, contractors, recipients, and any Automated Systems or AI Agents)—must not:

• Copy or misuse the Services. Copy, modify, distribute, sell, lease, or otherwise exploit any part of the Services or their content beyond what these Terms allow.

• Reverse engineer or probe systems. Reverse engineer, decompile, disassemble, tamper with, or otherwise attempt to discover the source code or underlying components of the Services—including by tracking inputs and outputs to mimic or recreate system behavior—unless applicable law expressly allows it despite this restriction or Instacart gives prior written permission.

• Interfere with the Services. Interfere with or disrupt the Services (for example, by introducing malware, bypassing security measures, disabling features, or attempting to overload systems).

• Bypass technical or compliance controls. Circumvent technical restrictions, access controls, rate limits, challenges, security features, or compliance controls such as age-verification, identity-verification, or geographic restrictions.

• Scrape or harvest data. Scrape, crawl, data-mine, collect, harvest, or otherwise access the Services or their content except through interfaces expressly authorized by Instacart for that purpose.

• Disregard robots.txt directives. Access the Services using any automated means, crawler, or bot in a manner that circumvents or disregards Instacart's robots.txt file (available at instacart.com/robots.txt), which is incorporated into these Terms by reference and updated from time to time.

• Misuse data or outputs. Except as otherwise authorized by Instacart, use the Services—or any data, content, or output made available through them (including information relating to products, pricing, promotions, or users)—to create, train, fine-tune, refine, test, or improve any machine-learning model, large-language model (LLM), or other AI system, including for research, open-source, or non-commercial purposes.

• Compete using Service data. Use any data, content, or output obtained through the Services to build, enhance, or provide a product or service that competes with or substitutes for any aspect of the Services.

Software & Open Source. Consistent with these Terms, you may access the Services through downloadable software, which may update automatically on your device. Some portions of the Services are governed by open-source licenses. If a conflict arises between these Terms and an open-source license, the open-source license will control but only with respect to the software, or portion of the software, to which it applies. 

4.4. Automated Systems and AI Agents

What This Covers. 

• “Automated System” means any software or service that accesses or interacts with the Services through automated or programmatic means, whether 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 that apply to Automated Systems apply equally to AI Agents. 

• Assistive Technology. 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.

Automated Access; Approved Systems Only. You may not authorize, permit, enable, deploy, delegate to, or otherwise cause any Automated System to access or operate the Services through your account unless Instacart has expressly authorized that access. Any authorized Automated System may access or operate the Services only through Instacart-provided interfaces, tokens, and scopes, and only for the specific actions and purposes Instacart expressly permits. 

Ethical and Responsible Use. 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. 

Programmatic Access. Programmatic and automated access to the Services (including APIs, data feeds, webhooks, and SDKs) is subject to separate API Terms, Developer Terms, and licenses. Any Automated System acting on your behalf or at your direction that you use to access the Services must properly identify and authenticate itself, and you must ensure that such usage complies with those Terms. Instacart may limit, tier, suspend, or revoke programmatic or automated access (and update or disable interfaces) at any time for security, policy, business, or legal reasons, with or without notice.

Identification and Transparency. You must ensure that any Automated System that interacts with the Services, or with Instacart, any Retailer, Third-Party Provider, or their respective personnel on your behalf: 

• Clearly identifies itself as an automated system and does not misrepresent its nature, origin, or affiliation, or impersonate any other tool, service, or agent. 

• Does not give false or misleading responses to any prompts or challenges seeking to determine whether it is human, and does not impersonate or attempt to appear as a human user. 

• Discloses that it is an agent and its name by including “Agent/[agent name]” in the user-agent string of all HTTP/HTTPS requests.

Third-party Tools. If you connect any third-party Automated System to Instacart, you do so at your own risk. Such tools may introduce errors and act inconsistently with your intent. Instacart is not responsible for data shared with or actions taken by those tools. 

User Responsibility for Automated Content. You are responsible for any content, data, or instructions submitted to the Services via any Automated System. Instacart's license to use user content (see Section 5.1) includes content submitted by or through Automated Systems acting on your behalf.

robots.txt and Search Indexing Permissions. Where Instacart's robots.txt file expressly permits access by a search engine crawler or indexing agent, that permission is granted solely for the purpose of passive search engine indexing. It does not — expressly or by implication — authorize any Automated System to access those same pages or content for any other purpose, including agentic browsing, interactive or transactional use, AI-assisted functionality, or any other commercial purpose. The scope of any robots.txt permission is strictly limited to the specific crawling agent and the specific indexing purpose for which it is granted.

5. Content, Data & AI

5.1. Your Content

Your Content. You retain any rights in any content you upload or submit to the Services (such as text, images, video, recipes, lists, or links), but you are solely responsible for that content.

Your Representations. By submitting content, you represent that you either own the content or have the authority to grant us the rights described here, and that your content and the use as contemplated by these Terms does not violate the intellectual property, privacy, or other rights of any third party.

License to Instacart. You grant Instacart a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, display, modify, distribute, and otherwise use any content you provide to or through the Services (including text, images, prompts, feedback, voice, or other submissions) to operate, secure, and improve the Services and related technologies. This includes using such content to maintain functionality, prevent fraud, enhance search and recommendations, and develop, improve, and evaluate machine-learning models or related technologies that support the Services.

Our Rights. We may in our sole discretion, for any reason (including without limitation if we believe it violates these Terms, our Community Guidelines, or other policies) remove or disable access to any content you provide.

Feedback. If you provide feedback or comments, you grant Instacart the right to use them for any purpose without restriction or payment to you.

5.2. AI Features

Some parts of the Services use automated systems and means—including large language models, agentic AI, and other AI technologies (“AI Features”)—to generate, summarize, rank, recommend, or assist with information, content, or actions. For rules about using AI Agents to access Instacart, see Section 4.4.

Accuracy & Limitations. 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). Use your own judgment and verify important information before relying on it. You are responsible for your use of Outputs and any decisions or actions you take based on them.

Variability of Results. 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.

Inputs and Outputs. You retain any rights in prompts, queries, and other content you submit to Instacart’s AI Features ("Inputs"). Inputs are part of the content you provide under Section 5.1, and the same license and responsibilities apply. Instacart owns all AI-generated content ("Outputs"). You may use Outputs generated for you for your personal, non-commercial use under these Terms. You do not acquire any ownership interest in Outputs or any rights in the underlying models, algorithms, datasets, or technology used to generate Outputs. Outputs may be similar to content provided to other users. 

Intellectual Property & Third-party Rights. We do not promise that Outputs or any 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 ensuring that your use complies with applicable law and these Terms.

Prohibited Uses. 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.

Data Processing. We may process Inputs, Outputs, and your interactions with AI Features to operate, secure, prevent fraud and abuse, and improve the Services. See our Privacy Policy for details, including your choices where available.

Third-party Technology Providers. Some AI Features may be powered by third-party technology providers. We may change or substitute providers at any time. Those providers' terms or policies may also apply.

Beta / Experimental Features. 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.

6. Responsibilities & Limits

This section sets the ground rules for warranties, risk allocation, indemnities, IP complaints, and when we or you can end access to the Services.

6.1. Warranties & Disclaimers

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

As-is Basis. 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.

Performance Disclaimers. 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. The Services, website, and software are subject to periodic changes that may occur at any time without notice.

Economic Costs. 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.

Third-Party Disclaimers. 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.

Release of Claims. 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, 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), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Savings Clause. 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. These Terms give you specific legal rights, and you may also have other rights that vary by jurisdiction. The disclaimers above apply only to the extent permitted by law.

6.2. Limitation of Liability

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

Limitation on Damages. To the fullest extent permitted by law, Instacart and its retail partners, licensors, and suppliers 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 includes, for example: loss of data or programs, deletion, corruption, or failure to store information; service interruptions or downtime; the cost of substitute goods or services; and any economic or business losses. This limitation applies regardless of how the claim arises — including from your use of the Services, services provided by Third-Party Providers, or products requested by or delivered to you — even if we have been advised of the possibility of such damages.

Aggregate Cap. 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.

Savings Clause. 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. These Terms give you specific legal rights, and you may also have other rights that vary by jurisdiction. The exclusions and limitations above apply only to the extent permitted by law.

6.3. Indemnification

You’re responsible for your use of the Services. 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 (and each of their respective officers, directors, employees, agents, and shareholders) from and against any losses, claims, actions, damages, penalties, fines, costs, or expenses (including reasonable attorneys’ and experts’ fees) that arise out of or relate to:

• Your use or breach. 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.

• Third-party use of your account. 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.

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

• Use of AI Outputs. Your subsequent use of content generated by AI Features.

6.4. Intellectual Property Policy

Using the Services does not give you rights in Instacart’s intellectual property, and we respect the rights of others.

Our Rights. Using the Services does not give you the right or license to frame, use, copy, reproduce, or display any of Instacart's copyrighted material, trademarks, service marks, patents, or other proprietary rights, except as expressly permitted in writing by Instacart.

Our Policy. Instacart respects the intellectual property rights of others. We have implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws. We will respond to valid infringement notices and, at our sole discretion and without notice, may terminate users who repeatedly infringe or violate others’ intellectual property rights.

Copyright Complaints. If you believe content available on the Services infringes your copyright, send a written notice to our designated Copyright Agent (contact information below). Your notice must include:

• An electronic or physical signature of the copyright owner or authorized agent;

• A description of the infringing material and how to locate it on the Services (for example, URL);

• Your full contact information (name, title, address, phone number, email);

• Letter of Authorization from the brand or content owner;

• A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and

• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Trademark Complaints. If you believe content available on the Services infringes your trademark, send a notice to our Copyright Agent (contact information below). Please include as much detail as possible so we may respond quickly, such as:

• A description of your trademark(s);

• Registration number(s);

• Your full contact information (name, title, address, phone number, email);

• Letter of Authorization from the trademark owner;

• Electronic or physical signature of the trademark owner or authorized agent;

• Description of the allegedly infringing products or services and where those products/services appear on the Services.

Contact information for IP notices: 

Instacart 

ATTN: Copyright Agent 

50 Beale St., Suite 600 

San Francisco, CA 94105 

copyright@instacart.com

6.5. Termination & Suspension

Your Right to Stop. You may stop using the Services at any time and without notice to us.

Our Rights. We may suspend or terminate your access to the Services, or stop offering all or part of the Services, at any time and without notice, for any reason or no reason.

Effect of Termination. 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.

7. Dispute Resolution & Arbitration Agreement

This Section explains how disputes between you and Instacart are resolved. All users must first follow the informal dispute resolution process in Section 7.1. If a dispute remains unresolved, 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.” 

7.1. Informal Dispute Resolution

Before you or Instacart can start arbitration or go to court, the side raising the dispute must send a written notice and allow at least 60 days to try to work things out, except where prohibited by applicable law in the jurisdiction where you reside (“Informal Dispute Resolution”).

Good Faith Requirement. You and Instacart agree to make good faith efforts to resolve any dispute through the Informal Dispute Resolution process described in this Section 7.1 before starting any arbitration or court proceeding. 

Notice of Dispute. 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 (or, if Instacart is raising the dispute, our contact information);

• 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); and

• 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.

How to Send a Notice. For any dispute you raise, send your Notice to:

Instacart 

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.

Informal Dispute Resolution Conference. The party receiving the Notice may request an individual settlement discussion by telephone or video conference during the resolution period (“Conference”). If a Conference is requested, you and Instacart must each fully participate—it is not enough for only lawyers to attend. 

If you’re represented by a lawyer, your lawyer may also attend; if your lawyer attends, Instacart may also have counsel present. 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.

Individual Conferences Only. 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.

Resolution Period. 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. 

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

Compliance. 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.

7.2. Arbitration Agreement (United States)

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).

7.2.1. Governing Law

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

7.2.2. Covered Claims

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. “Claims” include disputes arising out of or relating to:

• 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

• any Third-Party Disputes as described in Section 7.2.6.

7.2.3. Exceptions

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

• Small Claims. 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. 
  
  If a Claim qualifies for small claims court but a party instead asserts the Claim in arbitration, 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. Where such an election is timely made, the arbitration will be administratively closed. Any dispute about whether a Claim qualifies for small claims court will be resolved by that court, not by the arbitrator.

• Injunctive or Equitable Relief for IP & Proprietary Rights. 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. 

7.2.4. Delegation Clause

Except as otherwise provided here, you and Instacart agree that the arbitrator, not any court or agency, has exclusive authority to decide disputes about the interpretation or application of the Arbitration Agreement, including the applicability, enforceability, formation, revocability, scope, or validity of this 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. 

7.2.5. Arbitration Procedures for U.S. Residents

Administrator & Rules. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and, where applicable, its Mass Arbitration Supplementary Rules, available at www.adr.org. If the AAA Rules conflict with this Arbitration Agreement, this Agreement controls.

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

Location & Format. Except as provided in Section 7.2.9 (Batch Arbitration), 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.

Fees & Fee-shifting. The AAA Rules govern payment of filing, administrative, and arbitrator fees (“Arbitration Fees”). Either party may request an award of reasonable attorneys' fees and costs (including Arbitration Fees), and if the arbitrator finds that the other party's claim, cross-claim, or defense was groundless, brought in bad faith or for harassment, or otherwise frivolous under the standard of Federal Rule of Civil Procedure 11 or a state or local equivalent, the arbitrator shall award appropriate attorneys’ fees and costs.

7.2.6. Application to Third Parties

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

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.

For the avoidance of doubt, 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.

7.2.7. Jury Trial Waiver

TRIAL BY JURY WAIVER: 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. 

7.2.8. Class, Collective, and Representative Action Waiver

Individual Claims Only. 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, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY CLAIM BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW.

Arbitrator Authority for Individual Relief. Subject to this 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. 

Batch Arbitration and Class-Wide Settlements. 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.

Severability of This Subsection. 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. 

7.2.9. Batch Arbitration

Overview: To increase the efficiency of arbitration, 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, with one arbitrator and one set of administrative fees per batch as described below (“Batch Arbitration”). 

When It Applies. 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.

How Batching Works. 

• Grouping. The AAA will administer Demands in batches of 100 Demands per batch. If between 25 and 99 Demands are filed, they will be administered in a single batch. To the extent fewer than 100 Demands remain after batching, the remaining Demands will be administered in a final batch. The AAA will appoint one arbitrator for each batch. 

• Administration. Each batch will be administered together for case-management purposes, 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. The AAA will administer all batches concurrently to the extent possible.

• Individual relief. Nothing in this Section authorizes any class, collective, or representative arbitration or action of any kind, except as expressly provided here. Each Demand will be decided on an individual basis, and the final award will specify the relief, if any, awarded to each individual claimant. 

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

• Cooperation. 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 and taking reasonable steps to reduce the time and cost of arbitration.

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

Disputes About Applicability. Any dispute regarding the applicability of the Batch Arbitration process will be resolved in accordance with the AAA’s Mass Arbitration Supplementary Rules.

7.3. Arbitration Agreement (Canada)

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

Application of Law. 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. 

Covered Claims. 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. 

Arbitration Procedure (Where Permitted). 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:

• Governing Law: The arbitration will be governed by the arbitration legislation in force in your province or territory of residence; 

• Rules: Unless otherwise agreed, the arbitration will be conducted under the simplified procedure rules of the ADR Institute of Canada, Inc. (ADRIC), available at http://adric.ca/.

• Seat: The seat of arbitration will be in the province or territory in which you reside. 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.

• Location: 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.

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

Individual Claims. 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.

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

Statutory Rights. 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.

7.4. Arbitration Opt-Out

How to Opt Out. You may opt out of this Arbitration Agreement within 30 days of first accepting these Terms. To do so, 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.

Opt-Out Window. 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.

Individual Opt-Out Requirement. 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.

Effect on Other Arbitration Agreements. 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 — or any other arbitration agreements you may enter into with us in the future.

Other Terms Still Apply. 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.

7.5. Changes to this Arbitration Agreement

Modifications. Instacart may modify this Arbitration Agreement in the future. We will post any updated version on our website at https://www.instacart.com/terms. 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. 

Effect on Already-Noticed Claims. 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.

7.6. Severability

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.

7.7. Survival

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.

8. General Provisions

This section explains how we may change the Services or these Terms, how you may contact us, and other legal housekeeping provisions.

8.1. Changes to the Services and/or these Terms

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

Changes to these Terms. 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.

8.2. Relationship to Other Agreements 

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.

Your Independent Contractor Role. 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.

8.3. Governing Law & Venue (Non-Arbitrable Claims)

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.

8.4. Electronic Records & Signatures

By using the Services or creating an account, you agree that we 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.

Where supported, Instacart may accept spoken commands or confirmations (for example, through an approved voice assistant) as your electronic signature, with the same legal effect, to place orders, authorize substitutions, or provide other consents. You are responsible for all actions taken through voice-enabled features on your account. We may retain records of voice interactions to document and verify such actions, and to operate and improve the Services. 

8.5. Entire Agreement & Severability

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. The remainder will remain in full force and effect.

8.6. No Waiver

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.

8.7. Assignment

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.

8.8. Contact Information

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. 

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, 1625 N. Market Blvd., Ste. N 112, Sacramento, CA 95834, or call 1-800-952-5210 or 916-445-1254.