Instacart Express was a free trial until very recently - no one was charged for the service. When Instacart starting charging the $99 fee, they also sent out the email (which apparently didn't reach anyone?) and changed the policy such that it made sense for the company while also providing that people could opt-out on the new conditions. I agree 100% they shouldn't be changing the policy if people had paid for it (e.g., breaking the contract), but in this case everyone was getting a free service.