Risk Score
0 = very fair · 100 = very risky
Summary
This is Instacart's Terms of Service governing use of their grocery delivery platform in the US and Canada. The document is moderately aggressive, featuring mandatory binding arbitration with a class action waiver for US users, broad indemnification requirements, and significant liability limitations. Instacart acts primarily as a technology middleman, distancing itself from responsibility for retailers, delivery providers, and product quality. The terms are largely standard for a gig-economy delivery platform, though several provisions — particularly around dispute resolution, unattended prescription delivery liability waivers, and unilateral modification rights — are notably one-sided in Instacart's favor.
Flagged Clauses
US users give up the right to sue Instacart in court or participate in a class action lawsuit. Disputes must go through private arbitration, which is typically less favorable to consumers than court proceedings. There is a 30-day opt-out window from when you accept the terms.
“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.”
Before you can even begin arbitration, you are required to go through a 60-day informal resolution period with Instacart. This delays any formal legal recourse by at least two months.
“Before initiating any legal proceedings, all users must complete a 60-day informal dispute resolution process, except where prohibited by applicable law.”
If you choose unattended prescription delivery and something goes wrong — theft, loss, privacy breach — you agree to pay Instacart's legal costs if they get sued as a result of your choice. This is an unusually broad indemnification tied to a feature Instacart offers.
“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.”
If you choose unattended prescription delivery, you waive your right to hold Instacart liable even for their own negligence, including if your prescription is lost, stolen, or exposes your private health information. Acknowledged risks include serious adverse health consequences and death.
“To the maximum extent permitted by law, you waive, release, and discharge Instacart, its affiliates, and Third-Party Providers from any and all claims...arising out of or related to Unattended Delivery, whether resulting from the negligence...of Instacart, its affiliates, or Third-Party Providers or as a result of any theft of the prescription.”
Instacart broadly disclaims responsibility for the people and businesses actually performing the services — the shoppers, delivery drivers, and retailers — even though they are the core of the Instacart experience.
“Instacart and Third-Party Providers are not responsible for delays or failures in performance resulting from events beyond our reasonable control... Instacart is not responsible for your interactions with Third-Party Providers or Retailers.”
Instacart reserves the right to change fees, credit expiration dates, and pricing with limited or no advance notice. Credits you earn could expire sooner than expected with only an email as warning.
“Instacart may change the expiration date of Credits with 30 days' email notice... Retailers may set prices on the Services that differ from in-store prices... Fees may also vary based on demand, order attributes, or other factors.”
Instacart can place multiple authorization holds on your payment method for a single order, and the initial hold may exceed your expected total. While these are not permanent charges, they can temporarily reduce your available credit or account balance.
“We may temporarily authorize your payment method for an amount higher than the checkout total... If your order changes after you place it...we may place additional temporary authorization holds on your payment method for the same order.”
Your ability to cancel is limited and time-sensitive. Once shopping begins, cancellation may not be possible or may come with fees, and you may still be charged for items already purchased.
“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.”
Instacart decides at its own discretion whether to give you a cash refund, a replacement order, or just a store credit. You may not always get your money back.
“If your order is refunded, we may issue a refund, replacement, or credit at our discretion.”
When you use the Scan & Pay feature, images you scan with the app become Instacart's property and can be retained and used to improve their services. You do not retain rights to these scanned images.
“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 openly acknowledges that prescription-related communications may be sent unencrypted and could be intercepted by third parties, potentially exposing sensitive health information. Users waive claims related to this risk.
“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.”
Instacart can cancel your order and potentially reverse charges if there was a pricing or product error on their platform, even after you've placed and seemingly confirmed the order.
“The Services may occasionally display typographical errors, inaccuracies, or omissions...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.”
Repeated scanning errors with the Scan & Pay feature can result in account suspension or termination, even if the errors were unintentional. The terms do not specify a clear appeals process.
“If you scan items incorrectly on multiple occasions, we may suspend, disable, or terminate your use of Scan & Pay or the Services.”
Instacart provides no guarantee of quality or safety for prescription drugs ordered through the platform. Any issues with the actual medication must be taken up directly with the pharmacy.
“Instacart makes no warranties about the quality of prescription drug products or the services provided by any pharmacy.”
Missing Protections
- No explicit data retention limits — the document references a Privacy Policy but does not specify how long user data, scanned images, or order history are kept
- No guaranteed refund timeline — the terms say refunds 'may' be issued but don't commit to a specific processing window
- No explicit account reinstatement process after termination or suspension
- No mention of data portability rights (right to download your own data)
- No explicit price-lock guarantee — fees and retailer pricing can change at any time without notice
- No clear cap on indemnification obligations users take on for unattended delivery
- No mention of how disputes are handled for Canadian users in provinces where arbitration is not permitted — process is vague
- No explicit children's privacy section or COPPA compliance statement within the Terms themselves (likely delegated to the Privacy Policy)
Fair Terms
- US users have a 30-day opt-out window for the arbitration agreement, which is explicitly disclosed upfront
- Instacart discloses during checkout that temporary authorization holds may exceed the order total, rather than hiding this practice
- Users can opt out of unattended prescription delivery at any time by updating delivery preferences or contacting support
- Multiple duplicate authorization holds are clearly explained as temporary, not duplicate charges
- Instacart offers a 'Second Store Check' for out-of-stock items that can be canceled at no cost before delivery
- Credit expiration changes require 30 days' email notice, providing at least some advance warning
- Opt-out mechanism for promotional SMS is simple (reply STOP), and opting out does not affect service communications
Document information only — not legal advice.