Delivery scheduling tool Cartdash shut down last Thursday after its developer Devon Koch received a cease-and-desist letter from Instacart, an online grocery shopping service.
Similarly to Amazon Fresh and Whole Foods, Instacart uses a “delivery slot” system to schedule orders. The time slots have been filled quickly recently due to increasing online grocery sales during the COVID-19 pandemic. To ensure customers’ timely access to delivery slots, developers began making tools to grab the slots quickly and automatically. One of these tools, Cartdash, was designed for exclusive use with Instacart.
Before Cartdash closed, its users could select the delivery slot of their preference and the software would repeatedly refresh the checkout page until a new delivery window appeared. When asked if the system gave certain customers an unfair advantage over those who did not use it, Koch said, “at this point, it’s a matter of awareness, not technical ability, since people who can use Instacart can use Cartdash.”
Similar tools for use with Amazon Fresh and Whole Foods have appeared, including a Chrome extension that notifies customers when delivery spots become available. Man Fong, the developer behind this extension, said, “Yes, it’s an unfair advantage over others who aren’t tech-savvy but may still need to purchase items urgently. However, I try my best to reduce the abused [sic] problem.”
Cartdash’s system, according to the cease-and-desist, violates Instacart’s terms of service, which says, “Users may only access the Services through the interfaces that Instacart provides.” Instacart clarified that Cartdash and similar independent tools are not affiliated with the company, and added that their practices infringe upon their trademarks.
