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Instacart Platform Portal Terms of Use

Last Updated: April 2, 2025

These Terms of Use together with the Instacart Terms and Conditions (if applicable) and the Instacart Corporate & B2B Privacy Policy ("Terms") govern your use of the Instacart Platform Portal, including all information and data presented therein (the "Portal"), and are entered into by you and Maplebear Inc. (d/b/a Instacart), a Delaware corporation ("Instacart"). These Terms apply to you as an employee or authorized representative accessing the Portal (each, hereafter, a "user") as permitted and authorized by the company account owner ("Company"). The Portal is provided to you separately and distinctly from, and in addition to, any obligation that Instacart may have under any commercial agreement with you.

You agree these Terms shall govern your rights, obligations, and duties in connection with your access to and use of the Portal, as further described below. If you are party to the Instacart Master Services Agreement ("Services Agreement"), these Terms shall not modify any terms of the Services Agreement which shall continue in full force and effect. In the event of conflict between these Terms and the Services Agreement, these Terms shall govern solely with respect to your use of the Portal.

By using the Portal, you are indicating that: (1) you have read and agreed to be bound by these Terms, and (2) where you are acting on behalf of Company, that you have authority to bind that company, and in such case "you" or "your" in these Terms will mean you or the company you represent, as applicable. If you do not agree to the Terms, you should immediately stop all use of the Portal.

  1. THE PORTAL

    The purpose of the Portal is to provide access to certain self-service features, functionalities and tools ("Feature(s)") and communicate information and data relating to the Company and in accordance with metrics selected by the Company. The Portal does not provide an analysis of such information and data and is not intended to constitute advice or recommendations on which the users should rely. All users must obtain professional or specialist advice before taking, or refraining from, any action based on the Portal.

  2. INSTACART PLATFORM PORTAL SERVICES

    1. Additional Terms. Certain Features available to you via the Portal may be subject to additional Feature-specific terms, specifications, or other policies ("Additional Terms"). These Additional Terms are incorporated herein, and by using the Portal you agree to comply with these Additional Terms.
    2. License and Use Restrictions. Instacart grants you a limited, non-exclusive, non-transferable, and revocable license to use the Portal for its intended purposes subject to your compliance with these Terms and Instacart’s Terms and Conditions and Privacy Policy. You may not provide, copy, modify, distribute, sell, or lease any part of the Portal to any third party. Unless such restriction is prohibited by law or you have Instacart’s written permission, you may not reverse engineer or attempt to extract the source code of the Portal. You may only access the Portal through the interfaces that Instacart provides for that purpose (for example, you may not "scrape" the Portal through automated means or "frame" any part of the Portal), and you may not interfere or attempt to disrupt the Portal. Instacart reserves the right, without liability or prejudice to our other rights, to disable your and/or any authorized users’ access to all or part of the Portal if Instacart reasonably believes there has been (or might be) a breach of the provisions of this clause.
    3. Account Security. You must use all reasonable endeavors to prevent any unauthorized access to, or use of, the Portal and, in the event of any such unauthorized access or use, you must promptly notify Instacart. In relation to authorized users, you undertake that:
      1. the maximum number of authorized users that it authorizes to access and use the Portal will not exceed that permitted by Instacart;
      2. If Instacart creates "Admin" accounts and/or if you’re acting on behalf of the Company, you acknowledge that (i) the Company is solely responsible for determining the permission rights (being either Admin or read-only permission rights) of each authorized user and for monitoring compliance with these permission rights; (ii) Admin users will comply with the provisions of these Terms and will not exceed the number of authorized users permitted by Instacart and (iii) it will not allow any user account to be used by more than one individual authorized user unless it has been reassigned in its entirety to another individual authorized user, in which case the prior authorized user will no longer have any right to access or use Portal; and
      3. each authorized user must keep a secure password for their use of the Portal and that each authorized user must keep the password confidential;
      4. you will not permit any unauthorized users to access your Portal account. You also agree that you are responsible for all conduct and transactions that take place on or using your Portal account. Instacart is not responsible for any losses arising out of the unauthorized use of your Portal account.
    4. Publishing Content. By publishing any content via the Portal, including promotional, advertising, marketing, display and other materials, including, but not limited to, products, product packaging, product names, slogans, logos, trademarks, plans, ideas, marketing claims, creative materials, artwork, layouts, works, content, data, images, photographs, graphics, multimedia, audio, video, audio-visual and other content ("Content"), you authorize Instacart and its affiliates to use, reproduce, modify, display, and distribute the Content on the any websites or property owned by Instacart or its affiliates (the "Instacart Platform") and in connection with the Portal and Features. You agree that you will only use the Portal to promote your Virtual Store(s) on the Instacart Platform, and to understand and improve the end user shopping experience on your Virtual Store(s) on the Instacart Platform. All Content must comply with Instacart terms and policies, including the Instacart Ads Policies. Instacart reserves the right to remove any Content, in whole or in part, in its sole discretion.
    5. Coupons, Discounts, and Offers. By publishing any coupons, discounts, or other offers ("Offers") through the Portal, you agree to provide Instacart with any terms and conditions or disclaimers associated with the Offer. You represent and warrant that any terms and conditions or disclaimers provided to Instacart (i) are accurate; (ii) comply with all applicable laws, rules and regulations, and (iii) are legally sufficient to allow you to provide the Offer to end users through your Virtual Storefront.
    6. Alcohol-Related Content. To the extent you display or promote an alcohol beverage product, in addition to complying with all local, state and federal alcohol beverage laws, rule, policies, advisories, and the like, you will comply with industry standard advertising guidelines, including but not limited to those issued by DISCUS, Beer Institute, Brewer’s Association and The Wine Institute.
    7. SNAP/EBT. To the extent you display or promote any content to SNAP/EBT users, you represent, warrant, and covenant that such content and/or promotion complies with all applicable laws and regulations which govern the United States Department of Agriculture’s ("USDA") Food and Nutrition Service Supplemental Assistance Program, including, but not limited to, the USDA’s "Retailer Requirements to Provide Online Purchasing to SNAP Households" (available at: https://www.fns.usda.gov/snap/retailer-requirements-provide-online-purchasing).
    8. Prohibitions. You will not, and shall ensure your authorized users will not: (a) remove any proprietary or legal notices or labels displayed on the Instacart Platform; (b) create a derivative work of any part of the Instacart Platform; (c) intentionally use the Portal, including the Instacart Platform, for any unlawful purpose; (d) use any automated system or software, whether operated by a third party or otherwise, to extract any data from the Instacart Platform; or (e) introduce, post, or upload to the Instacart Platform any Content that (i) is illegal under applicable law, rule, or regulation; (ii) violates any third party right, including intellectual property rights, including, without limitation, copyrights, trademarks, patents, and trade secrets; (iii) contains libelous, slanderous, or defamatory material, or material constituting an invasion of privacy or misappropriation of publicity rights; (iv) promotes unlawful or illegal goods, services, or activities; or (v) violates any Instacart terms or policies.
    9. Beta Products; Tools and Materials. Instacart may make available to you certain experimental products and/or features ("Beta Products"). Notwithstanding anything to the contrary herein, Beta Products are provided as-is without any representations, warranties, or covenants of any kind and your use of such Beta Products is at your own risk. Instacart reserves the right to modify or remove any Beta Products at any time in its sole discretion.
    10. Testing. You acknowledge that during Instacart’s provision of the Portal, in the ordinary course of business, Instacart may run experiments and tests on the Instacart Platform. Instacart reserves the right to perform such experiments and tests.
    11. Feedback. In the event you provide Instacart any feedback, enhancement requests or recommendations regarding the Portal, Features, Instacart Platform, including Instacart products or services ("Feedback"), you hereby grant to Instacart a worldwide, perpetual, irrevocable, fully paid-up, royalty-free, non-exclusive license to such Feedback, including for use or incorporation into the Portal, Features, or Instacart Platform, the rights to make derivative works therefrom or to otherwise commercially exploit in any way, without any restriction and without any payment.

  3. INTELLECTUAL PROPERTY RIGHTS

    You acknowledge and agree that Instacart and/or its licensors own all intellectual property rights in the Portal. Except as expressly stated herein, these Terms do not grant you any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Portal.

  4. ACCESSIBILITY

    You agree that you shall use commercially reasonable efforts to conform any Content and any changes you make to your Virtual Store(s) on the Instacart Platform to the requirements of the Americans with Disabilities Act of 1990 and all similar laws and regulations ("ADA"), as such may be amended from time to time, including compliance with website accessibility standards meeting or exceeding Version 2.1 AA of the Web Content Accessibility Guidelines ("WCAG 2.1 AA"). You further agree to promptly investigate and address any complaint or reported nonconformance regarding the accessibility of the Content or changes you make to your Virtual Store(s). You agree to defend, indemnify, and hold harmless Instacart, its affiliates, and its and their respective representatives (collectively, the "Indemnitees") against all liabilities, damages, and costs (including settlement costs, fines, penalties, and reasonable attorneys’ fees) incurred by any Indemnitee to the extent arising out of, or relating to, any actual or threatened third party claim arising from or in connection with your breach of applicable accessibility laws, including without limitation the ADA.

  5. CONFIDENTIALITY

    1. Each party may have access to Confidential Information of the other party. "Confidential Information" has the meaning given to such term in the confidentiality agreement between Instacart and the Company, or if there is no such agreement, then "Confidential Information" is information that is proprietary or confidential and is clearly labeled or conveyed as such, or information that would be regarded as confidential by a reasonable business person.
    2. Each party must hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party or use the other's Confidential Information for any purpose other than the implementation of these Terms. For clarity,
      1. you may not disclose Portal data to any person or entity other than your employees, officers and directors who need to know such information in order to perform their respective duties; provided that each such person has a legal or contractual obligation to maintain the confidentiality of such information; and
      2. you may not use Portal data for any purpose other than your internal purposes.
    3. Each party agrees to take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of these Terms.
    4. This Section 6 will survive termination of these Terms for any reason.

  6. MONITORING AND ACCESS

    At our discretion and in accordance with the Instacart Corporate & B2B Privacy Policy, Instacart may monitor and/or log your interaction with and use of the Portal. If at any time Instacart chooses to monitor user interactions with the Portal, Instacart nonetheless assumes no responsibility for any user’s access to or use of the Portal, and assumes no obligation to modify or remove any inappropriate Content uploaded by users to the Portal. Instacart reserves the right to review, disable, terminate or restrict access to the Portal, in its sole discretion.

  7. REPRESENTATIONS AND WARRANTIES.

    You represent and warrant that you and the Company will ensure (i) you have the legal authority to enter into these Terms and perform the obligations set forth herein, (ii) you have all necessary consents, licenses, authorizations, and rights needed to provide the licenses herein, and your use, publishing, or display of any Content will not violate any applicable law or any third party agreements; (iii) you will at all times comply with all laws applicable to the performance of your obligations and exercise of your rights under these Terms; (iv) all advertising claims, copy, or messages contained in the Content (whether express or implied) will be accurate, not misleading, and supported by reasonable substantiation; (v) the Content will not be false, misleading, defamatory, harassing, or threatening; and (vi) the Content will not infringe, misappropriate or otherwise violate the rights of any third party or libel or slander any third party. Further, you and the company represent and warrant that you will not, and will not authorize any third party to, (i) generate automated, fraudulent or otherwise invalid impressions, inquiries, clicks or conversions, (ii) conceal conversions where they are required to be disclosed, (iii) use any automated means or form of scraping or data extraction to access, query or otherwise collect Instacart advertising-related information from the Instacart Platform or any property provided by Instacart or its affiliates, except as expressly permitted by Instacart, or (iv) attempt to interfere with the functioning of the Portal or any other Instacart services provided to you.

  8. INDEMNITY

    You must indemnify Instacart against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) (collectively, "Claims") arising out of or in connection with your use or misuse of the Portal, including, without limitation, Claims arising out of or related to (i) the Content, including the infringement of an intellectual property right by any Content or allegation that any Content is false, misleading, or defamatory, or violates any applicable law or regulation; or (ii) your breach of any of its representations, warranties, covenants or agreements contained in these Terms, provided that:

    1. you are given prompt notice of any such claim;
    2. Instacart provides you with reasonable cooperation in the defense and settlement of such claim, at your expense; and
    3. you are given sole authority to defend or settle the claim.

  9. PORTAL PROVIDED AS IS

    THE PORTAL IS PROVIDED "AS IS" AND "AS AVAILABLE." INSTACART DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, INSTACART MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PORTAL. INSTACART DOES NOT GUARANTEE THAT THE PORTAL WILL OPERATE WITHOUT ERRORS OR THAT THE PORTAL IS FREE OF COMPUTER VIRUSES OR OTHER MALWARE. THE PORTAL IS SUBJECT TO PERIODIC CHANGES, WHICH MAY BE MADE AT ANY TIME AND WITHOUT NOTICE TO YOU. YOU AGREE THAT INSTACART WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE PORTAL.

  10. LIMITATION OF LIABILITY

    Except as expressly and specifically provided in these Terms:

    1. you assume sole responsibility for results and data obtained from your use of the Portal, and for conclusions drawn from such use. Instacart will have no liability for any damage caused by errors or omissions in any information or instructions in the Portal.
    2. Instacart will not in any circumstances be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for: (i) loss of profits; (ii) loss of business; (iii) depletion of goodwill or similar losses; (iv) loss or corruption of data or information; (v) any pure economic loss; or (vi) any special, indirect or consequential costs, damages, charges or expenses.
    3. Instacart's total aggregate liability in contract, tort (including without limitation negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms will in all circumstances be limited to the lesser of: (i) the amount actually paid by you to Instacart in the past 12 months in connection with services Instacart may provide to you, and (ii) five thousand dollars ($5,000).

  11. TERMINATION

    You can stop using the Portal at any time and without notice to us. Similarly, Instacart may terminate access to the Portal to you or any other users or stop offering the all or part of the Portal at any time without notice. In the event of termination, Sections 3 through 12 survive and continue to apply to you.

  12. GENERAL

    1. Entire Agreement. These Terms constitute the entire agreement between the parties solely with respect to your access to and use of the Portal. Each party acknowledges that in entering into these Terms it does not rely on, and will have no remedies in respect of, any statement, representation, assurance or warranty (whether in writing or not) of any person (whether party to these Terms or not), relating to the subject matter of these Terms, other than as expressly set out in herein.
    2. Governing law; Jurisdiction and Venue. To the extent permitted by applicable law, these Terms will be governed by the laws of the State of Delaware for residents of the United States and by the laws of the Province of Ontario for residents of Canada (except Quebec), without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Portal shall be brought exclusively in the federal or state courts of New Castle County, Delaware, USA, for the residents of the United States, and the courts of competent jurisdiction in the City of Toronto for residents of Canada (except Quebec), and you and Instacart consent to the personal jurisdiction of those courts.
      For Quebec residents only, to the extent permitted by law, these Terms will be governed by the laws of the Province of Quebec without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Portal shall be brought exclusively in the courts of competent jurisdiction in the City of Montreal, and you and Instacart consent to the personal jurisdiction of those courts.
    3. Third Party Rights. No one other than a party to these Terms, and authorized users, will have any right to enforce any of its terms.
    4. Notices. Any notice given to a party under or in connection with these Terms must be in writing and be sent by pre-paid first-class post or regular email to the Instacart support team or the email address provided by you during registration. Any notice will be deemed to have been received: if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting or at the time recorded by the delivery service; or if sent by email, at the time the notice is sent, provided that the sender did not receive a delivery failure notification.

Additional Terms​

I. CRM Marketing Tooling These additional terms shall govern Instacart’s provision of a Customer Relationship Manager (CRM) marketing tooling for Company to access and use through the Portal for Company’s Storefront Pro ("CRM Tooling"). Company acknowledges and agrees that by using the CRM Tooling, Company agrees to these Additional Terms.

  1. Services. Instacart shall provide Company the functionality to create, manage and send email marketing communications to end users of Company’s Storefront Pro selected by Company ("Company’s Customers") through the CRM Tooling. The CRM Tooling shall include the functionality for Company to create, access and send (i) lifecycle trigger emails using an Instacart provided template ("Lifecycle Emails"), and (ii) email communications from a selection of customizable batch email templates (for example, seasonal or offer specific) ("Batch Emails"), together ("Emails").

  2. Company Obligations.

    1. Company shall create and send Emails in accordance with all applicable laws, rules and regulations, including applicable data protection and privacy laws. To the extent applicable, Company shall ensure any Content uploaded by Company to IPP for Emails ("Company Content") or customizations to Instacart templates conform to any ADA requirements and adhere to the then effective WCAG 2.1 AA.
    2. Company represents and warrants: (i) Company has the rights or licenses to Company Content, including marks, logos and imagery, provided by Company through the CRM Tooling, (ii) Company Content does not and will not infringe upon the intellectual property rights, misappropriate or otherwise violate the rights of a third party; and (iii) Company will provide Instacart a URL to Company’s unsubscribe link and Company’s privacy policy, which shall be maintained and updated by Company accordingly for the duration of the CRM Term.
    3. Company’s email alias that will be the legal sender domain of the Campaigns, which shall be maintained and monitored by Company for the duration of the CRM Term.
    4. In the event the Batch Emails include Offers, Company further represents and warrants: (a) all Campaigns and Offers will comply with applicable laws, rules and regulations related to the advertisement and discounting of Products, including those applicable to advertising Alcoholic Beverage Products (if applicable), and (b) all advertising claims, content, copy, or messages contained in the Campaign and Offers (whether express or implied) will be accurate, not misleading, and supported by reasonable substantiation.

  3. Marketing List.

    1. Company may select and send Emails to Company’s Customers in the CRM Tooling ("Marketing List").
    2. On a business week (Monday-Friday) cadence, Company shall provide Instacart via CSV or API any and all Company’s Customers who have unsubscribed from marketing communications (“Unsubcribe Requests”). Company agrees to work with Instacart to establish an API connection for Instacart to receive and process the Unsubscribe Requests from Company’s Customers.
    3. Company shall be responsible for timely provision to Instacart of any Unsubscribe Requests by Company’s Customers to ensure the Marketing List to remain up to date and accurate.
    4. Company represents and warrants that all email addresses included in the Marketing List were and will be obtained, collected and compiled (i) in compliance with all applicable laws and without employing email address harvesting, dictionary attacks and/or any other deceptive or illegal act or practice, and (ii) with the Consent (as defined below) of Company’s Customers as defined in applicable laws, rules or regulations and that such Consent has not been withdrawn by any of Company’s Customers on the Marketing List. Company represents that no email address included in the Marketing List was obtained through any form of incentivization. Company represents and warrants that prior to, or at the time email addresses included in the Marketing List were collected, Company’s Customers were notified of Company’s applicable privacy policy and practices pertaining to the collection of email addresses and use or distribution of user information.
      As used herein, “Consent” means the affirmative consent from Company’s Customers to receive marketing emails (e.g., in a privacy policy displayed in a prominent manner at the point of collection or by a consumer checking a box). If a complaint is made contending that an email address owner has not given its Consent or has withdrawn its Consent, Company will provide, in a timely manner, relevant information to Instacart, as reasonably requested, to prove that the complaining owner's Consent was obtained and not withdrawn.

  4. Intellectual Property. Company acknowledges and agrees that all rights, title, and interest, including any associated intellectual property, in the CRM Tooling and Email templates (excluding Company Content) are solely owned by Instacart.

  5. Reporting Capability. Company agrees Instacart may use reporting and campaign measurement data to improve the CRM Tooling and for its internal business purposes.

  6. Indemnification. Company agrees to indemnify and hold harmless Instacart from and against any Claims for Losses arising out (i) Company’s breach of these Additional Terms, and (ii) Company’s breach of data privacy laws or unauthorized collection, use or disclosure of personal information as it relates to the CRM Tooling.

II. Self-Service Appeasements These Additional Terms shall apply to Company’s use of the following Feature: Self-Servive Appeasements. Company acknowledges and agrees that by using Self-Service Appeasements Company agrees to these Additional Terms.

  1. Self-Service Appeasements. Company shall have the option to remit Appeasements (as defined below) to Storefront Pro end users through the IPP ( the "Self-Service Appeasements Feature"). Company is solely liable for Appeasements issued through the Self-Serve Appeasements Feature. As used herein, "Appeasements" shall mean make-good credits granted to end users after they contact the Company or Instacart to address an issue with their Customer Order. Appeasement credits will be issued exclusively to the end user's account and may be used for future purchases on the Company's Storefront Pro. For clarity, Appeasements does not include, and the Self-Service Appeasement Feature does not allow for, refunds to be issued by Company.
  2. Payment. Company is responsible for any Appeasements provided by Company to an end user through the Self-Service Appeasements Feature. Instacart will invoice Company on a monthly basis for Appeasements issued by Company to end users at such time the end user redeems the Appeasement credit. Company shall render payment in accordance with the terms of the SFP Agreement. Instacart reserves the right to suspend any or all SFP Features, including the Self-Service Appeasement Feature, if the event Company does not timely render to Instacart amounts owed for Company issued Appeasement.

III. Shoppable Flyer Tooling These Additional Terms shall apply to Company’s use of the following Feature: Shoppable Flyer Tooling. Section 3 of these Additional Terms shall additionally apply if the parties have executed an Order Form for Instacart to provide Managed Services (as defined below). Company acknowledges and agrees that by using Shoppable Flyer Feature, and if applicable engaging Managed Services, Company agrees to these Additional Terms.

  1. Services. Company may create a shoppable flyer ("Shoppable Flyer") for Company’s Storefront Pro using the Content provided by Company in the Portal ("Flyer Content").

  2. Company Obligations. Shoppable Flyer Content shall be owned by Company. Flyer Content does not include templates or Instacart provided materials which shall remain owned by Instacart and its licensors. Company is solely responsible for the Flyer Content, including obtaining all necessary licenses and permissions required to provide the Flyer Content in the Portal and utilize it in the Shoppable Flyer. Company is liable for any error or inaccuracy in the Flyer Content, including but not limited to, honoring prices and promotions set forth in the Flyer Content and end user appeasements.

  3. Managed Services. Company authorizes Instacart on Company’s behalf to create and execute a Shoppable Flyer for Company’s Storefront Pro using the Flyer Content (the “Managed Services”). In order for Instacart to render the Managed Services, Company must provide Instacart via the Portal in the form, manner and cadence specified by Instacart, or as specified in applicable documentation available to Company in the Portal, the Flyer Content required by Instacart to create the Shoppable Flyer. Company shall be responsible for timely and accurate provision of the Flyer Content. Company shall be responsible for approving and executing the launch of Digital Shoppable Flyers in the Portal. Company shall promptly respond to any reasonable requests from Instacart for instructions, information, or approvals required by Instacart to provide the Managed Services herein. Any delay or failure by the Company to provide Flyer Content, requested instructions, information, or approvals may affect or prevent Instacart from delivering the Shoppable Flyer for a specific date.

  4. Reporting Capability. Company agrees Instacart may use reporting and campaign measurement data to improve the Shoppable Flyer Tooling or Managed Services for Company and for its internal business purposes.

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