Für die Nutzungsbedingungen in Österreich (DE) klicken Sie hier.
For Terms of Service in North America (EN), click here.
Last Updated: February 27, 2024
Thank you for using Caper AI by Instacart! These Terms of Service (“Terms”) govern your use of the services and products manufactured and/or provided by SBOT Technologies, LLC (“Caper”), a subsidiary of Maplebear Inc. d/b/a Instacart (“Instacart”), including but not limited to the Caper AI Cart and the Caper AI Counter along with any websites, software or services provided by Caper in connection therewith (collectively, the “Services”).
By using the Services, you agree to be bound by these Terms and acknowledge the collection, use, and disclosure of your personal information in accordance with Caper’s Privacy Policy.
Caper partners with certain retailers (each a “Retailer”) to provide customized shopping experiences through Caper’s smart shopping carts and smart self-checkout kiosks at Retailers’ physical store locations. The Services allow customers to purchase goods through AI-powered checkout technology. By continuing to use the Services, you understand and agree that each Retailer operates independently of Caper. You agree that your purchase is being made from the Retailer, the Retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the Retailer’s store. You also acknowledge and agree that, except as expressly provided in these Terms or a separate agreement between you and Caper, Caper does not form any employment or agency relationship with you and does not hold title to any goods that you purchase through the Services.
You agree that Caper and/or the Retailer may utilize third-party processors to process your payment information, including your payment card data. You may be subject to the third-party processor’s terms and your information may be subject to their privacy practices. For more information about any applicable third-party processor terms, please contact the Retailer at which you have utilized the Services.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. You understand and agree that such information has been provided by the Retailer, manufacturers or third parties, and Caper does not assume responsibility for any such errors, inaccuracies, or omissions. Caper reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including while the Services are in use).
Caper grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms, any other Caper policies, and all applicable laws and regulations. In addition, we expect you to respect those who you encounter in your use of the Services, including Caper and Retailer personnel, and any other customers or third parties. Caper reserves the right to withhold, revoke, cancel and/or terminate your access to the Services if you have engaged in fraud, tampering, abuse or violation of the Terms. You acknowledge that, in addition to these Terms, your use of the Services 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.
By using the Services, you represent and warrant that you are of legal age in the jurisdiction in which you reside to form a binding contract with Caper. If you are under the age of majority in your home state, you may use the Services only with the supervision of a parent or guardian who agrees to be bound by these Terms.
You may not, nor may you permit any third party, directly or indirectly to, copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Caper’s written permission, you may not, nor may you permit any third party, directly or indirectly to, decompile, disassemble, or otherwise attempt to reverse engineer any part (including tracking the inputs and outputs flowing through our system or application in order to mimic or recreate the system or application), or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Caper provides for that purpose (for example, you may not “scrape” or “data mine” the Services through automated means or “frame” any part of the Services), and you may not, nor may you permit any third party, directly or indirectly to, work around, bypass, or circumvent any technical limitations of the Services, or otherwise interfere or attempt to disrupt the Services. You further agree that you will not use the Services or any information contained therein or obtained therefrom, including any output or other information derived from the Services, to directly or indirectly create, train, test, or improve any machine learning, large language, or artificial intelligence models, or similar or competing product, service, or technology (including for research purposes, open source, or other non-commercial use).
Some software, or portions of software, in the Services may be governed by open source licenses. In that case, Caper will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
By using the Services, you represent and warrant that (i) you will ensure that any products are correctly scanned by you; (ii) for products that are sold by weight, you will ensure that the products are weighed correctly by you; (iii) you will not manipulate the sensors, load cell, weighing function, or other features utilized by the Services; (iv) you will pay for all products prior to leaving the store; and (v) you will comply with all laws applicable to your use of the Services. You acknowledge that Retailer personnel may conduct checks (including checking the items in your cart or kiosk and confirming you are of legal age to purchase age-restricted products), or taking other steps to verify proper use of the Services. If you have any issues with scanning or completing your purchase, you must alert a Retailer employee in the store. If you are unable to successfully process your payment for your purchase using the Services, you must complete your transaction at a register.
We’re constantly modifying and improving the Services. Caper may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Caper with any feedback on or comments regarding the Services, you grant Caper the right to use such feedback or comments for any purpose without restriction or payment to you.
You may have access to promotion codes, discounts, coupon codes, and offers (“Coupons”) that may provide a benefit to you when making a purchase using the Services. Unless otherwise indicated, these Coupons are offered by the Retailer, manufacturers or other third parties, not Caper. Coupons are available for a limited time only and may be subject to certain restrictions and subject to related manufacturers’ or retailers’ terms. Coupons are subject to change, cancellation, or expiration at any time, and to the terms and conditions of the relevant coupon offeror. If you do not purchase the qualifying items while the Coupon is still in effect, the Coupon’s offer will not apply. Coupons are only valid when applied to qualifying items displaying the offer and may not be combined with other promotional offers or mail-in rebates. Caper is not a retailer or seller and is not responsible for the fulfillment of Coupons unless otherwise indicated. You are responsible for, and you are required to pay any applicable tax or levy of any kind related to your use of the coupon and you acknowledge that Caper has no obligation for payment of any such tax or levy of any kind in conjunction with the distribution or use of such Coupons. When Coupons are redeemed, sales tax may be charged on the undiscounted original price of the product(s). If you return any of the products purchased with a coupon, the coupon discount or value will be subtracted from the return credit. Coupons may not be sold, copied, modified, or transferred. Coupons have no cash value and may be limited to one per user unless otherwise disclosed. Coupons are only good while supplies last and are void where restricted or prohibited by law.
Certain Retailers may allow you to utilize memberships or loyalty programs through the Services. If you utilize a Retailer membership or loyalty program through the Services, you understand that the membership or program is offered directly by the Retailer and not Caper and separate terms and conditions provided by the Retailer apply, which you should read carefully. Please note that you will need to contact the Retailer if you have any questions regarding your membership or loyalty program or the management of your account.
You may have the option to purchase prescription drug products, alcohol or other restricted products in some locations and from certain Retailers. You agree that you will comply with all applicable laws and not cause Caper, the Retailer or any third party to contravene any applicable laws. If you purchase products through the Services that require personal identification, you agree to provide valid government-issued identification which may be scanned by the Retailer to prove your identity to purchase such products. If you purchase alcohol products through the Services, you agree that you are of legal drinking age for purchasing, possessing, and consuming alcohol. If you purchase any other age-restricted products through the Services, you agree that you are of legal age for purchasing, possessing, and/or consuming such age-restricted products and agree to provide valid government-issued identification which may be scanned by the Retailer to prove your eligibility to purchase such products. You also agree that the age-restricted products have not been purchased with the intent to resell or provide to someone who is not of legal age.
If you use the Services to purchase a prescription drug product for a child or other member of your household, you represent and warrant that it is your intention not to consume or use the medication but instead to transfer the medication to the ultimate consumer or user for their consumption. You also agree that Caper is not a pharmacy and that we make no referrals or recommendations as to which pharmacies you should use for prescription processing. You agree that you are solely responsible for the selection of the pharmacy dispensing the prescription. Caper makes no warranties regarding the quality of the prescription drug products or the services provided by the pharmacy. If you have any issues with the processing of your prescription, you should contact the pharmacy directly. You also agree that Caper does not provide any medical advice, diagnosis or treatment, and that neither a pharmacy-patient relationship nor a physician-patient relationship exists between Caper and you as a result of your use of the Services. We encourage you to consult with your healthcare professional or pharmacist regarding all health-related issues.
You agree that Caper does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services, nor does Caper assume responsibility for your interactions with any third party (including a Retailer). You further agree that Caper does not warrant or guarantee that any product information contained on the Services (including but not limited to product descriptions and pricing information) or any result returned from queries made through the Services, whether made using AI powered generative experiences or otherwise, is accurate, complete, reliable, current, or error-free. All health and wellness information, nutritional content, and nutritional information is provided for informational purposes only and is not a substitute for the diagnosis, treatment and advice of a qualified health-care provider. Caper does not warrant or guarantee that any such health, wellness, or nutritional information is accurate, complete, reliable, current, or error-free.
You understand that search results obtained from the Services, whether done through AI powered generative experiences or otherwise, may be the same or similar or vary between different users and at different times, and may not necessarily be identical or consistent. You further agree that Caper does not warrant or guarantee that any material created through any AI powered generative experience does not infringe the rights of any third party in any subsequent use of the content you may make. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services or you engage with any third party (including a Retailer), you agree that you do so at your own risk and that Caper will have no liability based on such purchase, use, access, or engagement. Any request for refunds, returns, or other concerns with products purchased through the Services should be directed to the Retailer. Notwithstanding the foregoing, Caper reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including while the Services are in use).
IF YOU ARE A RESIDENT IN THE EUROPEAN ECONOMIC AREA (“EEA”), NATIONAL CONSUMER LAWS PROVIDE YOU WITH A LEGAL WARRANTY THAT THE SERVICES WILL BE IN LEGAL CONFORMITY AT THE TIME OF SUPPLY AND DURING THE LIFE OF THESE TERMS. THE DISCLAIMER OF WARRANTIES BELOW IS NOT INTENDED TO LIMIT YOUR RIGHTS UNDER APPLICABLE CONSUMER LAWS, INCLUDING HAVING THE SERVICES BROUGHT BACK INTO CONFORMITY, OR YOUR ABILITY TO TERMINATE THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CAPER 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, CAPER MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY ANY THIRD PARTIES (INCLUDING RETAILERS), OR GOODS PURCHASED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CAPER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTIES, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTIES, OR ANY PRODUCTS SHOPPED FOR OR PURCHASED BY YOU, REMAINS SOLELY WITH YOU. THE SERVICES ARE SUBJECT TO PERIODIC CHANGES, WHICH MAY BE MADE AT ANY TIME AND WITHOUT NOTICE TO YOU.
CAPER DOES NOT GUARANTEE THAT THE SERVICES WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT CAPER WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SERVICES.
YOU AGREE THAT NEITHER CAPER (NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS) IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD PARTY OR FOR ANY SERVICES PROVIDED BY ANY THIRD PARTY. NEITHER CAPER (NOR ANY OF ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS) WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAPER (INCLUDING ANY OF ITS PARENT COMPANY, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, EVEN IF CAPER, OR ANY OF THEIR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT APPLY FOR PERSONAL INJURIES AND DAMAGES CAUSED BY CAPER INTENTIONALLY OR BY GROSS NEGLIGENCE.
IN NO EVENT SHALL CAPER (INCLUDING ANY OF ITS PARENT COMPANY, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTIES, OR ANY PRODUCTS SHOPPED FOR OR PURCHASED BY YOU, EVEN IF CAPER, OR ANY OF THEIR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT APPLY FOR PERSONAL INJURIES AND DAMAGES CAUSED BY CAPER INTENTIONALLY OR BY GROSS NEGLIGENCE.
CAPER AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTIES, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE TOTAL AMOUNT PAID BY YOU ON TRANSACTIONS INITIATED THROUGH CAPER’S SERVICES DURING THE PAST 12 MONTHS IN CONNECTION WITH THE SERVICES.
You agree to defend, indemnify and hold harmless Caper and its parent company, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, shareholders, and Retailers (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses caused by you by intent or negligence, including necessary attorneys’ and experts’ fees and expenses to a reasonable extent, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation; (ii) any third party’s unauthorized access or use of the Services or any goods purchased through the Services, at your direction; (iii) any dispute or issue between you and any third party, including without limitation any Retailer or their business invitees; or (iv) your subsequent use of any content created by AI powered generative experiences.
You can stop using the Services at any time and without notice to us. Similarly, Caper may terminate access to the Services to you or any other users or stop offering all or part of the Services at any time without notice. In the event of Termination, Sections 8-10 survive and continue to apply to you.
To the extent permitted by applicable law, if you are a resident of the EEA, these Terms will be governed by the laws of the country you reside or are domiciled in, without respect to its conflicts of laws principles, and to the exclusion of the Convention on the International Sale of Goods . You may bring a claim related to or arising from these Terms in the courts of the territory of residence or domicile.
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Caper, shall constitute the entire agreement between you and Caper with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
Caper’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Caper may assign its rights, licenses, and obligations under these Terms without limitation.
We may make changes to these Terms from time to time. When Caper does so, Caper will post the most current version of the Terms on Caper’s website and indicate the date the Terms were last updated. We recommend that you review Caper’s website from time to time for any updates. Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
Caper respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Caper will respond to valid notices of copyright or trademark infringement and reserves the right to terminate any users, at Caper’s sole discretion and without notice, who infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Caper’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which Caper may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Caper c/o Instacart
ATTN: Copyright Agent
50 Beale St. Suite 600
San Francisco, CA 94105
copyright@instacart.com
If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to Caper’s designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).
If you have any questions, or comments about these Terms please contact Caper at:
Caper c/o Instacart
50 Beale St. Suite 600
San Francisco, California 94105
legal@instacart.com
For customer service inquiries, please contact support@caperlab.com or contact the Retailer from whom you purchased products.
