Meta updated Instagram's Terms of Use on January 1, 2026, and the new version runs 12,400 words. Almost nobody reads it. This article summarises the parts that actually affect day-to-day users — creators, viewers and people who save content — in plain English.
Who owns the content you post?
You do. Section 3 is clear: "You own the content you post on Instagram." What you give Meta is a "non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence" to host, distribute and promote it. That licence ends when you delete the content (with a caveat for posts others have shared, which can linger in caches for up to 90 days).
What you are not allowed to do
Section 4 lists the prohibitions. The ones that matter most in practice are:
- No automated scraping or crawling without written permission
- No impersonation of another person or company
- No content that infringes third-party IP
- No circumventing access controls on private content
- No reselling or licensing your access to Instagram
- No creating accounts for users under 13 (under 16 in the EU)
The scraping clause and what it means for downloaders
The exact language is: "You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access." The word "automated" is the important one. A browser-based tool that parses a single URL at a time when a human clicks a button is arguably not automated in the bot-net sense this clause was written to cover — but Meta has not publicly clarified the boundary, and prudent tools (including InstaSaver) rate-limit per IP and block obvious batch abuse precisely to stay on the right side of that language.
What happens if you violate the ToS
The penalty is almost always limited to Instagram closing your account or removing the offending content. ToS violations are not crimes, and Meta rarely files civil suits against individuals — the exceptions are large-scale commercial scrapers where Meta has pursued companies like Bright Data and Voyager Labs in court.
Rules for creators using third-party content
If you reupload someone else's Reel to your own account, Instagram's Rights Manager and automated fingerprinting can match the audio and video. First violations usually result in the post being removed. Repeat violations strike your account and can lead to a suspension. Instagram's internal "repeat infringer" policy, mandated by the US DMCA, kicks in after three strikes inside 90 days.
The arbitration clause
Like most US tech platforms, Instagram's ToS includes an arbitration clause that waives your right to sue in court and your right to participate in a class action, except in small-claims cases under $10,000. You can opt out by mailing a physical letter to Meta within 30 days of creating your account. Almost no one does this, but it is available.
Quick reference: allowed vs not allowed
| Activity | ToS status |
|---|---|
| View public Reels without an account | Allowed |
| Save a public Reel for personal viewing | Grey area (not clearly banned) |
| Scrape thousands of posts with a script | Banned |
| Repost someone else's Reel to your grid | Banned without permission |
| Download your own content | Allowed (see Data Download tool) |
| Download private-account content | Banned |