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 * 
 * Restaurant Types
   Featured
   
   Switching to Toast
   
   Feeling limited by your current tech? Toast is here for you, starting with
   easy onboarding.
   
   Featured
   
   Opening a New Restaurant
   
   We'll take care of the technology, so you can focus on what matters most.
   
   SERVICE MODELS
   
    * Quick Service
    * Full Service
    * Fast Casual
    * Restaurant POS System
   
   RESTAURANT CONCEPTS
   
    * Bar & Lounge
    * Casual Dining
    * Cafe & Bakery
    * Fine Dining
    * Enterprise
    * Food Truck
    * Pizza
    * Hotel Restaurant
    * Restaurant/Retail Hybrid
    * Catering & Events
   
   
 * Products
   Popular
   
   Online Ordering
   
   A commission-free solution, totally integrated with your POS for real-time
   updates.
   
   Popular
   
   Payroll Suite
   
   Fast, easy payroll synced right with your POS.
   
   Access Capital
   
   Fast, flexible funding to power your restaurant.
   
   RESTAURANT OPERATIONS SUITE
   
    * Point of Sale
    * Payment Processing
    * Toast Now Management App
    * Toast Mobile Order & Pay™
    * Catering & Events
    * Restaurant Retail
   
   MARKETING SUITE
   
    * Email Marketing
    * Loyalty
    * Gift Cards
    * Toast Tables™
   
   DIGITAL STOREFRONT SUITE
   
    * Online Ordering
    * Local by Toast
    * Toast Delivery Services©
    * Grubhub, Uber Eats, DoorDash
   
   RESTAURANT GRADE HARDWARE
   
    * Handheld POS
    * Self-Ordering Kiosk
    * Kitchen Display System
   
   RESTAURANT MANAGEMENT SUITE
   
    * Benchmarking
    * Multi-location management
    * Integrations
   
   SUPPLIER & ACCOUNTING SUITE
   
    * xtraCHEF Cost Analytics
    * Inventory Management
   
   PAYROLL SUITE
   
    * Payroll
    * Pay Card & PayOut
   
   TEAM MANAGEMENT SUITE
   
    * Tips Management
    * Scheduling
   
   ACCESS CAPITAL
   
    * Get a Loan
   
   
 * Pricing
 * Resources
   
   Free Tools and Templates
   
   Guides, e-books, and templates designed to help you run your restaurant
   business better.
   
   Video Courses
   
   Learn something new today — whether you've got 5 minutes or 50.
   
   INDUSTRY INSIGHTS
   
   Trends and analysis from across the industry
   
   TOAST SUPPORT
   
   Resources to help you get the most out of Toast
   
   CUSTOMER STORIES
   
   Restaurants of all kinds finding success with Toast
   
   LOCAL PARTNER ADVOCATES
   
   Get rewarded for helping restaurant clients succeed
   
   INNOVATION AT TOAST
   
   Explore new and upcoming Toast solutions
   
   

Restaurants | Login Get a Demo
Call Sales
(617) 297-1005

RESTAURANT TYPES

Toast solutions for any concept

PRODUCTS

Run your business with online ordering, payroll, and more

PRICING



RESOURCES

Tools, insights, and advice

SEE HOW TOAST WORKS

Front of house, back of house, and online seamlessly connect and work in sync.

Learn more
Get a Demo
Restaurants | Login

RESTAURANT TYPES

Switching to Toast
Featured

Feeling limited by your current tech? Toast is here for you, starting with easy
onboarding.

Opening a New Restaurant
Featured

We'll take care of the technology, so you can focus on what matters most.

 * Quick Service
 * Full Service
 * Fast Casual
 * Restaurant POS System

 * Bar & Lounge
 * Casual Dining
 * Cafe & Bakery
 * Fine Dining
 * Enterprise
 * Food Truck
 * Pizza
 * Hotel Restaurant
 * Restaurant/Retail Hybrid
 * Catering & Events

BUILT FOR RESTAURANTS

Toast is designed for restaurant success. Customize Toast to fit the needs of
your restaurant type.

Learn more
Get a Demo
Restaurants | Login

PRODUCTS

Online Ordering
Popular

A commission-free solution, totally integrated with your POS for real-time
updates.

Payroll Suite
Popular

Fast, easy payroll synced right with your POS.

Access Capital

Fast, flexible funding to power your restaurant.

RESTAURANT OPERATIONS SUITE

 * Point of Sale
   Start Here
 * Payment Processing
 * Toast Now Management App
 * Toast Mobile Order & Pay™
 * Catering & Events
 * Restaurant Retail

MARKETING SUITE

 * Email Marketing
 * Loyalty
 * Gift Cards
 * Toast Tables™

DIGITAL STOREFRONT SUITE

 * Online Ordering
   Popular
 * Local by Toast
 * Toast Delivery Services©
 * Grubhub, Uber Eats, DoorDash

RESTAURANT GRADE HARDWARE

 * Handheld POS
 * Self-Ordering Kiosk
 * Kitchen Display System

RESTAURANT MANAGEMENT SUITE

 * Benchmarking
 * Multi-location management
 * Integrations

SUPPLIER & ACCOUNTING SUITE

 * xtraCHEF Cost Analytics
 * Inventory Management

PAYROLL SUITE

 * Payroll
   Popular
 * Pay Card & PayOut

TEAM MANAGEMENT SUITE

 * Tips Management
 * Scheduling

ACCESS CAPITAL

 * Get a Loan

Get a Demo
Restaurants | Login

RESOURCES

Free Tools and Templates

Guides, e-books, and templates designed to help you run your restaurant business
better.

Video Courses

Learn something new today — whether you've got 5 minutes or 50.

Industry Insights

Trends and analysis from across the industry

Toast Support

Resources to help you get the most out of Toast

Customer Stories

Restaurants of all kinds finding success with Toast

Local Partner Advocates

Get rewarded for helping restaurant clients succeed

Innovation at Toast

Explore new and upcoming Toast solutions

Get a Demo
Restaurants | Login

Get a Free Demo


TOAST GUEST TERMS OF SERVICE



Please note, the End User License Agreement is now located here.

Effective: July 31, 2024

The following Terms of Service (“Terms” or “Terms of Service”) are a legal
agreement between you (“you” or “your”) and Toast, Inc. ("Toast," "we," “us” or
“our”) and govern your access to and use of any technology or services supplied
by Toast, which include any websites, applications, digital ordering features,
or any other ways Toast allows you to engage with us directly or through a
Merchant that uses Toast (collectively, part of the “Services”). Our Services
include, but are not limited to, our websites, including
https://www.pos.toasttab.com (our “Websites”); the Local by Toast mobile
application (formerly known as Toast TakeOut) and related websites and services
(“Local App” or “App”); any digital ordering feature that Toast offers to
Merchants, including a Merchant’s Online Ordering page and Order & Pay at the
Table features (collectively “Digital Ordering”); and Payment Transactions
facilitated on the Toast point of sale or via Toast’s scan to pay feature
(“Point of Sale”); any features or services that allow you to join a waitlist or
make a reservation at a Toast Merchant ("Toast Tables"); and other features,
including those that allow Merchants to communicate with you. Capitalized terms
used but not defined herein shall be as defined in the Merchant Agreement.

By accessing and/or using any of the Services, you agree to these Terms and any
other policies or terms referenced within or posted throughout the Services,
including but not limited to promotion terms, guidelines, as well as any rules
or terms applicable to particular features or promotions, which are hereby
expressly incorporated into these Terms by reference. You also acknowledge that
you have read and understand our privacy statement (the “Privacy Statement”).

FROM TIME TO TIME WE MAY UPDATE OR MODIFY THESE TERMS OF SERVICE IN OUR
DISCRETION, AND WILL POST THE UPDATED TERMS TO
https://pos.toasttab.com/toast/terms-of-service. SUCH UPDATES MAY BE REQUIRED IN
ORDER TO REFLECT ENHANCEMENTS TO OUR SERVICES OR OUR WEBSITE. IF OUR CHANGES
REDUCE YOUR RIGHTS OR INCREASE YOUR RESPONSIBILITIES, WE WILL USE COMMERCIALLY
REASONABLE EFFORTS TO PROVIDE YOU WITH NOTICE BY EMAIL OR THROUGH THE LOCAL APP,
IN ACCORDANCE WITH ANY NOTIFICATION PREFERENCES YOU HAVE PROVIDED. THE UPDATED
TERMS OF SERVICE WILL BECOME EFFECTIVE AS OF THE EFFECTIVE DATE INDICATED IN THE
TERMS OF SERVICE (“EFFECTIVE DATE”). ANY USE OF THE SERVICES AFTER THE EFFECTIVE
DATE MEANS YOU HAVE ACCEPTED THE UPDATED TERMS. YOUR SOLE AND EXCLUSIVE REMEDY
IN THE EVENT YOU DO NOT ACCEPT THE UPDATED TERMS OF SERVICE IS TO CEASE YOUR
ACCESS TO AND USE OF THE SERVICES AND OUR WEBSITE.

These Terms include an agreement to resolve disputes by arbitration, which means
that you and Toast waive the right to a trial by jury and agree to resolve any
and all disputes through binding arbitration on an individual basis.

If you are an individual, you must be at least 18 years of age, a U.S. or
Canadian resident, and legally capable of entering into contracts. If you are an
entity, organization, or company, or acting on behalf of one, you represent and
warrant that you are an authorized representative of such entity, and that you
have the authority to and agree to bind it to these Terms. You represent that
you will not use the Services, directly or indirectly, for any fraudulent
undertakings. When you pay for a Purchase made through Point of Sale, the Local
App, or Digital Ordering, you authorize Toast to charge your credit or debit
card or other permitted payment method (“Payment Method”) on behalf of the
participating Merchant from which you are making a purchase.

1. Services

Toast provides a variety of technology products and services to Toast Merchants.
Such Toast services enable dining customers (“Guests”) to interact with Toast
Merchants in a variety of ways, including without limitation to (i) place orders
for food, beverages, and other items provided by the Merchant (“Purchases”),
(ii) join a waitlist or make a reservation at a Toast Merchant, (iii)
communicate with a Toast Merchant and vice versa (“Merchant Communications”).
Additionally, Toast facilitates Purchases with Merchants and processes Guests’
payments to Merchants on behalf of each Merchant for those purchases with an
eligible Payment Method (“Payment Transaction”).

1.1 Opening and Accessing a Toast Digital Ordering Account

When you use certain Toast services, you can choose whether you would like to
register and create a Toast Account (hereinafter “Toast account” or “account”).
If you create an account, you may save your credit or debit card and other
personal information to make future orders faster and easier. You may make
Purchases without creating an account, but you will not be able to save any
personal information or preferences for future Purchases. In order to use the
Local App, you must download the app to your mobile device and create a Toast
account. If you use the same email address for Digital Ordering, the Local App,
Toast Tables, and/or any Merchant loyalty programs, you will be registered for
one account across those services.

When you create an account, we will ask you for certain personal information
such as your name, mobile number, and email address, which will be stored with
Toast to facilitate your transactions. You may also choose at any time to store
Payment Method information, which can be used to pay for future Purchases.
Information on how we collect, use, and protect the personal information you
provide to us can be found in our Privacy Statement. You agree to provide true,
accurate current and complete information for your account registration, and you
agree not to misrepresent your identity or your Payment Method information. It
is your responsibility to keep the information you provide us up-to-date and
accurate.

Toast may, in its sole discretion, terminate or refuse to approve registrations
for Toast accounts with or without cause or notice, other than any notice
required by Applicable Law and Rules. At this time, Toast Services are offered
only to users residing in the United States, Canada, the United Kingdom and
Ireland.

1.2 Confidentiality.

Only you have the right to access and use your account. You are responsible for
ensuring that your login information and Payment Method information remain
confidential at all times. Toast will assume that if your login or Payment
Method are used to access the Services, the user has the legal authority to use
such login or Payment Method. If you become aware of unauthorized use of your
login or Payment Method, you agree to notify Toast immediately by email at
help@toasttakeout.zendesk.com. You remain liable for any activity on your
account until such time as Toast has been notified and has had an opportunity to
take appropriate action.

1.3 Toast is not a Party to Payment Transactions

Purchases and Payment Transactions you make through our Services are
transactions between you and the Merchant only, not with Toast or any of our
affiliates. Toast is not the seller of any product or service offered by
Merchants and is not a party to any Payment Transaction facilitated through the
Services.

1.4 Using your Account

Once you have created your account, you will be able to make Purchases from
Merchants through the Digital Ordering features and the Local App. You can make
changes to your account information by logging in on any Online Ordering page or
within the App. You will also be able to view your recent Purchase and Payment
Transaction history by logging in to your account.

You acknowledge and agree that all aspects of Purchases beyond the services that
Toast provides, as well as all engagement and interactions between the Merchant
and you, are solely the responsibility of the Merchant.

1.4.1 Digital Ordering.

Digital Ordering features, including Online Ordering pages and Order & Pay at
the Table, allow you to make Purchases from a participating Merchant using your
own computer or mobile device. You can also manage your Toast account from any
Online Ordering page by logging in. You can see your order history from that
Merchant while you are logged in.

Some Digital Ordering features may allow you to place multiple orders as part of
one Purchase. When you open a check, you may be required to provide payment
information prior to completing your Purchase. By providing your payment
information for pre-authorization, you agree to pay the total amount shown when
you submit the final portion of your order. If you fail to complete payment for
your Purchase, the Merchant may be able to charge your payment method after a
certain amount of time has passed.

1.4.2 Local by Toast App.

The Local by Toast App is formerly known as Toast TakeOut. The Local App is a
mobile application that enables you to make Purchases from participating
Merchants for pickup and/or delivery. If your workplace offers a Toast Drop
location, you can make Purchases for delivery to your available Drop location
via the Toast app. You can manage your Toast account by logging in, and can
review your Purchase history within the app.

If you access or download the Local App from the Apple App Store, you agree to
Apple’s Licensed Application End User License Agreement.

To use the Local App, you must have a mobile device that is compatible with the
App. Toast does not warrant that the App will be compatible with your mobile
device. You may use mobile data in connection with the App and incur additional
charges from your wireless provider for these services. You agree that you are
solely responsible for such charges. Toast hereby grants you a non-exclusive,
non-transferable, revocable license to use the App for one Digital Ordering
Account on a mobile device owned or leased by you, for your personal use.

1.4.3 Loyalty and Rewards.

Toast provides technology services that enable Merchants to offer loyalty and/or
rewards programs to Guests. By enrolling in any loyalty program offered by Toast
or by a Merchant using Toast’s technology services, you expressly agree to these
program terms.

You may enroll in a Merchant’s loyalty program by signing up at the Merchant or
while placing an order, subject to the Merchant’s terms and conditions related
to its loyalty program. Toast does not control the Merchant’s terms and
conditions related to its loyalty program. Once you have enrolled, you may earn
points when you make Purchases from Merchants, which can later be redeemed for
discounts or other benefits. If you initiate a return, chargeback, or refund,
points associated with the Purchase may be revoked. You may check your current
rewards balance by clicking the link you receive when you sign up for a
Merchant’s loyalty program or through the Merchant’s online loyalty lookup page.
When you enroll in a Merchant Loyalty program your payment card information may
be linked to your Loyalty account. If you pay with a different payment card
number and identify yourself as a loyalty member with a Merchant, the additional
payment card number may be associated with your loyalty account in the future.
You can remove linked payment cards by clicking the link you receive when you
sign up for a Merchant’s loyalty program or through the Merchant’s online
loyalty lookup page.

If you choose to enroll in a Merchant’s loyalty program, you agree that the
Merchant may contact you using the contact method(s) you provide with program
information, offers, and other marketing and transactional communications. Any
information shared by Toast with Merchants is subject to our Privacy Statement.
Once a Merchant has received information you provide from Toast, the use and
governance of that information will be managed by the Merchant, which may have
separate privacy practices and policies. Merchants may not send marketing
messages to your mobile number unless you expressly authorize the Merchant to
send you such messages.

Each Merchant is solely responsible for the operation and maintenance of its own
loyalty program, including establishing the number of points that you may earn
when you make Purchases, setting redemption thresholds, and determining how and
when points may be redeemed for rewards. Merchants have the ability to modify
their loyalty programs and/or to modify the points balance held by any
individual Guest. Toast is not responsible for notifying you in the event that
the Merchant changes any element of its loyalty program or ceases to offer a
loyalty program. The Merchant is solely responsible for communicating program or
points balance changes to you.

Points earned through any loyalty program offered by Toast or a Merchant using
Toast have no cash value and cannot be transferred, redeemed, or sold for cash.
Loyalty programs may be based on spend, visit or transaction frequency, or any
other manners of engagement, in the Merchant’s discretion. Subject to notice
requirements under Applicable Law and Rules, Toast reserves the right, in its
sole discretion and at any time, to modify, suspend, terminate, revalue or
cancel its own loyalty program and/or the technology services that enable
Merchants to offer loyalty programs through Toast. In the event Toast terminates
any loyalty program offered by Toast or by a Merchant, Toast will, in accordance
with the Applicable Law and Rules, maintain records of Guest’s loyalty points
for one year following termination of the loyalty program in the event the
loyalty program is reinstated within one year of termination. Toast reserves the
right to adjudicate any discrepancies or disputes regarding rewards allocations
or these program terms in its sole discretion and you agree to abide by any such
adjudication.

1.5 Merchant Responsibilities

You hereby acknowledge and understand that each Merchant is solely responsible
for all aspects of its own day-to-day operations, including provision of food
and beverages (by any method, including through delivery), service, environment,
and overall quality and accuracy.

1.5.1 Compliance.

You hereby acknowledge and understand that each Merchant is solely responsible
and liable for all marketing, selling, pricing, packaging, and provision of any
products or services offered to Guests through the Services in compliance with
all Applicable Law and Rules. Toast makes no representation or warranty
regarding whether a Merchant holds any applicable permit, license, registration,
or other credential for its business; whether representations by a Merchant are
true and accurate; or whether a Merchant complies with Applicable Law and Rules,
and Toast is not responsible for the quality of the products or services
provided by Merchants.

1.5.2 Alcoholic Beverages.

Certain Merchants may hold alcoholic beverage licenses and sell alcoholic
beverage products. The Merchant holding the alcoholic beverage license must
approve your Purchase before the Purchase will be finalized, and only upon
acceptance of the order by the Merchant will your Payment Method be charged. The
portion of the funds charged to your Payment Method which pertains to your
alcoholic beverage product Purchase may be held in an account for the benefit of
the alcoholic beverage supplier in compliance with Applicable Law and Rules.
Toast acts as a third-party technology provider to and facilitates payment
processing on behalf of the Merchant, and has no responsibility or liability to
you or any other person for any alcoholic beverage products you may purchase
from a Merchant or for any Merchant’s compliance with Applicable Law and Rules,
including without limitation, local regulations regarding sale of alcohol. By
making a Purchase through the Services for alcoholic beverage products, you
represent and warrant that (i) if you are a U.S. consumer attempting to consume
alcoholic beverages in the U.S., you are twenty-one (21) years of age or older
and, if you are a Canadian consumer attempting to consume alcoholic beverages in
Ontario and British Columbia, you are nineteen (19) years of age or older, (ii)
you are not procuring alcoholic beverage products for a person under twenty-one
(21) years of age in the U.S. or under nineteen (19) years of age in Ontario or
British Columbia and, (iii) you will provide bona fide government issued photo
identification evidencing your age.

1.6 Closing your Account

You may close your Toast account at any time and without cost, but you will
remain liable for any outstanding Purchases as well as any fees or other charges
incurred. Toast will not issue refunds for amounts previously incurred through
our Services once you close your account.

Guests can close their accounts by emailing help@toasttakeout.zendesk.com.
Please review our Privacy Statement for further information about our practices
regarding your personal information.

In certain cases, we may not allow you to close your account, including but not
limited to:

 * to evade an investigation;
 * you have open or pending Purchases or Payment Transactions; or
 * if you owe money to Toast or a Merchant due to your use of the Services.

2. Data Privacy and Security

The privacy and security of your personal information is important to us.
Toast’s Privacy Statement describes what information we collect about you, how
we may use personal information and the security measures we have taken to
protect your personal information. We encourage you to read the Privacy
Statement carefully, as it forms a binding part of these Terms of Service and
contains important information about your rights.

3. Purchases

Toast makes available the Services and, either directly or through a third party
service provider, processes Payment Transactions for Purchases on behalf of
Merchants as the agent of the Merchants through the payment networks. When you
make a Purchase, you authorize Toast, as agent for the Merchant, to submit the
charge in the amount of the Purchase (including any gratuities, fees and taxes)
to your Payment Method as well as any credits in connection with chargebacks,
reversals, refunds or adjustments. Toast, as the agent of the Merchant, will
assist the Merchant in submitting the Payment Transaction to the payment network
and processing the Payment Transaction. Upon Toast receiving the proceeds of the
transaction, your payment obligation to the Merchant will be deemed completed
(except in the case of a later chargeback or reversal).

You must provide a valid Payment Method to pay for your Purchases made through
any of the Services. You authorize Toast to confirm your Payment Method is in
good standing with the issuing financial institution. In order to do so, Toast
may obtain an authorization to charge your Payment Method for a Payment
Transaction. This authorization may reduce your available funds balance by the
authorization amount until the Payment Transaction is actually charged to your
Payment Method and the proceeds are processed and settled. Please contact your
Payment Method issuer if you have questions regarding the status of an
authorization or of a charge to your Payment Method. You agree that Toast, on
behalf of the Merchant, may resubmit a Payment Transaction for processing to a
payment network in the event a prior Payment Transaction was declined or
returned.

If you choose to store Payment Method information with Toast via any of the
Services for your convenience and use in future transactions, you agree that
Toast may receive up-to-date information on your Payment Method information
(such as card number or expiration date) through services available from the
card networks and may update your Payment Method credentials stored with Toast
(if you choose to store your Payment Method credentials) from time to time.

We may establish limitations concerning use of the Services, including without
limitation individual or aggregate transaction limits on the dollar amount or
number of Payment Transactions you may make within certain time periods. We may
decline to process any Payment Transaction without any notice to you. We may
delay processing of or hold or cancel processing of any Payment Transaction upon
the direction of the Merchant or if we believe, in our sole discretion, that the
transaction is invalid, suspicious, involves misconduct or fraud, or otherwise
violates Applicable Law and Rules, these Terms of Service, or any other
policies.

Payments made through the Services are also subject to the terms of your
agreement with your Payment Method issuer. You are solely responsible for any
charges or fees that may be imposed by your Payment Method issuer as a result of
using the Services.

4. Permitted Activities

By using the Services, you agree that:

 * You will not use the Services in any way that violates Applicable Law and
   Rules, these Terms, or any other policies.
 * You may only use the Services to make Purchases of a legitimate, bona fide
   product or service that is purchased from a Merchant. The Services may not be
   used to transfer money or process a Payment Transaction that is unrelated to
   a purchase of a product or service from a Merchant.
 * The information that you upload or post in connection with the Services does
   not infringe on anyone else's intellectual property or proprietary rights or
   otherwise conflict with the law or the rights of others.
 * You will not upload, post or otherwise transmit through the Services any
   content that contains any viruses, trojan horses, time bombs, or any other
   harmful programs or elements.
 * You will not provide false information about yourself to us, impersonate any
   other person, collect information about other users, or otherwise attempt to
   mislead others about your identity or the truthfulness or accuracy of the
   data you transmit through the Services.
 * You will not damage, disable, disrupt, overburden, interfere with, or attempt
   to gain unauthorized access to any portion of our Services, computer systems,
   servers or networks, or any other person’s use and enjoyment of the Services.
 * Toast may suspend or terminate your use of the Services at its sole
   discretion for any actual or suspected violation of these limitations or
   other applicable policies or rules referenced in these Terms of Service.

5. Fees

Toast may charge you a fee to make Purchases from Merchants using Toast
Services. Such a fee may be referred to as an “Order Processing Fee”, “Service
Fee”, “Convenience Fee” or other terminology. Such fee may be charged by and
paid to Toast. We reserve the right to charge additional fees in the future. Any
fees applicable to a Purchase or Payment Transaction you make will be clearly
disclosed to you prior to the completion of your Purchase.

Merchants may charge you fees as well as taxes in addition to the price of the
products or services you purchase. You may also be permitted to provide a
gratuity. By making a Purchase through the Services, you agree to pay all such
charges, including gratuities, fees and taxes. All amounts to be charged to your
Payment Method associated with your Purchase will be displayed to you before you
complete your Purchase.

6. Order Changes, Cancellation, Refunds and Customer Service

Merchants each set their own cancellation and refund policies. Once a Purchase
has been made through the Local App, any Digital Ordering feature, or a Point of
Sale feature, you will need to contact the Merchant directly to inquire if you
can make a change to or cancel the Purchase or whether you may receive a refund.

For questions or customer service regarding a Purchase or the product or service
provided by a Merchant, please contact the Merchant directly. For the Local App,
each Merchant’s contact information for customer service is available on its App
listing. Toast is not responsible for any Merchant service issues or content
errors or inaccuracies related to a Merchant’s website, menu, or other
materials.

For technical questions that relate to your use of Toast app, please email
help@toasttakeout.zendesk.com.

7. Promotions and Gift Cards

When you use the Toast Local App, Digital Ordering, or other Toast Services, you
may be eligible to use codes (“Promotion Codes”) at checkout to receive
promotional offers on purchases (“Promotions”), subject to any terms and
conditions of the specific Promotion Code or Promotion, as displayed on our
Websites, on the App, or related print, social media, or digital marketing
materials. The promotional value may be issued by Toast or by a Merchant.
Promotion Codes may not be redeemed for cash and are non-refundable and
non-transferrable. Toast reserves the right to modify, suspend, terminate, or
alter the terms of any Promotion Code or Promotion at any time. Promotion codes
may not be reused in the event of a cancellation and/or refund.

Merchants may make gift cards available for purchase, either as physical gift
cards or as electronic gift cards (collectively “Gift Cards”). Toast may provide
the software to assist with gift card issuance, but the Merchant is solely
responsible for Gift Card issuance and management, for communicating any and all
terms and conditions connected to such Gift Cards (which terms and conditions
are controlled by Merchant and not by Toast), and for compliance with applicable
laws, rules and regulations.

7.1 Toast Cash

Toast offers Toast Cash as a way for Guests to have part or all of their meal
paid through a promotional code (“Toast Cash”). Toast Cash is not cash, and does
not represent prepaid or stored value. Toast Cash is not redeemable for cash or
credit. Toast may, in its sole discretion, make offers for Toast Cash
promotional codes (“promo codes”) available to certain individuals, which offers
and promo codes are subject to these Terms and the terms of the applicable
offer. In order to receive a Toast Cash promo code, you must have a Toast
account. If you qualify for a promotional offer for Toast Cash, your Toast Cash
promo code(s) may be sent to you via email or SMS using contact information
associated with your Toast account, or provided via the App. Toast Cash promo
codes expire sixty (60) days from the day they are generated, or as otherwise
set forth in the terms of the applicable offer. Each Toast Cash promo code you
receive may have a different expiration period. Unless otherwise indicated in
the offer terms, you can only use your Toast Cash promo code at checkout in the
Local App and Online Ordering at participating Toast Merchants. Not all Toast
Merchants accept Toast Cash promo codes.

Toast reserves the right to withdraw, limit, modify, cancel, or terminate any
aspect of Toast Cash (including without limitation any Toast Cash promo code or
offering and any associated terms) for any reason and at any time without
notice, in Toast’s sole discretion, without any liability to you. Void where
restricted or prohibited by law. Toast Cash is not transferable, cannot be
duplicated, and can only be used in accordance with these Terms and the specific
terms provided by Toast and in accordance with Applicable Law and Rules. You are
responsible for paying any applicable taxes related to your use of any Toast
Cash promo code. Toast has no obligation for payment of any taxes in connection
with the distribution or use of any Toast Cash promo code. Toast Cash promo
codes may not be applied towards taxes, fees, purchases of alcoholic beverages,
or other certain menu items as designated by the Merchant. Unless otherwise
indicated, Toast Cash promo codes are single use only and cannot be combined.
Any use of Toast Cash is final and will not be refunded or returned.

8. Disclaimer of Warranties, Waiver and Limitation of Liability

8.1 DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL
INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES)
INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

NEITHER TOAST NOR ITS THIRD-PARTY PROVIDERS WILL BE LIABLE OR RESPONSIBLE FOR
ANY PRODUCTS OR SERVICES PROVIDED BY MERCHANTS THAT ARE A CAUSE OF INJURY OR
THAT ARE UNACCEPTABLE OR DO NOT MEET YOUR REQUIREMENTS OR EXPECTATIONS.

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, TOAST AND ITS THIRD-PARTY
PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH
REGARD TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT
(INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY. TOAST RELIES
UPON MerchantS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL
PRODUCT SAFETY. TOAST DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION
ACCESSIBLE THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR
ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN
INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION,
OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE
RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN
RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.

TOAST AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES
REGARDING (I) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE
RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF
THE SERVICES; (III) THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES; (IV)
WHETHER THE OPERATION OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE; OR (V) WHETHER THE QUALITY OF THE SERVICE, OR PRODUCTS OR SERVICE,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL
MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM TOAST OR A THIRD PARTY THROUGH OR FROM THE
SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU ACKNOWLEDGE THAT NEITHER TOAST NOR ITS THIRD-PARTY PROVIDERS CONTROLS THE
TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND
THAT NEITHER TOAST NOR ITS THIRD-PARTY PROVIDERS ARE RESPONSIBLE FOR ANY
LIMITATIONS, DELAYS, OR OTHER PROBLEMS INHERENT IN THE USE OF SUCH
COMMUNICATIONS FACILITIES. WITHOUT LIMITING THE FOREGOING, NEITHER TOAST NOR ITS
THIRD-PARTY PROVIDERS WARRANTS OR GUARANTEES THAT ANY OR ALL SECURITY BREACHES
OR ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE
ANY SECURITY BREACHES BY THIRD PARTIES.

8.2 Waiver of Liability

You acknowledge and agree that the Merchant is the seller of the food, beverages
and related products and services which you may order and pay for through the
Local App. The Merchant is solely responsible for any and all damages, claims,
liabilities, costs, injuries or illness caused in whole or in part by the
Merchant. Merchant is also solely responsible for any unclaimed property
liability which may arise from Purchases, including gift cards, paid for but not
received by you.

8.3 LIMITATION OF LIABILITY

IN NO EVENT WILL TOAST BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES, EVEN IF TOAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIAL PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY LAW TOAST’S AGGREGATE LIABILITY TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100).

8.4 State Exemptions

Some states do not allow exclusion of implied warranties or limitation of
liability for incidental or consequential damages, so the above limitations or
exclusions may not apply to you. IN SUCH STATES, TOAST’S LIABILITY OF WILL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8.5 Reliance on Limitations

Each party acknowledges that the other party has entered into these Terms
relying on the limitations of liability stated herein and that those limitations
are an essential basis of the bargain between the parties.

9. Force Majeure

Toast will not be liable for any failure or delay resulting from any condition
beyond its reasonable control, including but not limited to governmental action
or acts of terrorism, earthquake, fire, pandemic, flood or other acts of God,
labor conditions, power failures, and Internet disturbances.

10. Indemnification

You agree to defend, indemnify and hold harmless Toast and its directors,
officers, employees, affiliates and agents from and against any and all third
party claims, liability, damages, expenses and costs actions or demands,
including, without limitation, reasonable legal and accounting fees, arising or
resulting from (a) your breach of these Terms or any other policy; (b) your
access to, use, or misuse of the Third-Party Content or Services; and (c) your
infringement or infringement by any other user of your account, of any
intellectual property or other right of any other person. Toast will provide
notice to you of any such claim, suit, or proceeding. Toast reserves the right
to assume the exclusive defense and control of any matter which is subject to
indemnification under this Section. In such case, you agree to cooperate with
any reasonable requests assisting Toast’s defense of such matter.

11. Ownership of Content and Use of Trademarks

11.1. Ownership

Toast owns or has license to all rights, title, interest, copyright and other
worldwide intellectual property and trade secret rights in and to the Services
(including all derivatives or improvements thereof). You may voluntarily submit
suggestions, enhancement requests, ideas, feedback, recommendations or other
input about the Services (“Feedback”) at any time. You irrevocably assign all
right, title, interest and other worldwide intellectual property rights in and
to the Feedback to Toast, Inc., and acknowledge that we are free to use,
disclose, reproduce and otherwise exploit any and all Feedback provided by you
relating to the Services in our sole discretion, entirely without obligation or
restriction of any kind. Any rights not expressly granted herein are reserved by
Toast.

11.2. User Content

You retain all rights, title and interest in and to any text, graphics, videos,
images or other data that you upload to the Services (“User Content”). You grant
to Toast a non-exclusive, royalty-free, fully paid-up, worldwide license to
access, use, copy, modify (including the right to create derivative works of),
display and transmit User Content for the purpose of our providing the Services
and in accordance with our Privacy Statement. You are solely responsible for the
accuracy, quality, content, and legality of User Content, the means by which
User Content is acquired, and any transfer of User Content outside of the
Services by you or any third-party authorized by you. You represent, warrant and
covenant that you have all rights necessary to upload the User Content to the
Services and to otherwise have such User Content used or shared, as applicable,
in relation to the Services.

11.3. Third-Party Content

Through your use of the Services you may be presented with material provided by
third parties, not owned or controlled by us, from our partners, Merchants,
and/or from other users of the Services, including but not limited to links to
websites or other materials, software, text, graphics, videos, images, or
advertising content (collectively referred to as “Third-Party Content”). All
Third-Party Content and the Services are protected by United States and foreign
intellectual property laws. Unauthorized use of the Services and/or Third-Party
Content may result in violation of copyright, trademark, and other laws. Except
as expressly provided herein, you have no rights in or to the Services or
Third-Party Content, and you will not use, copy or display the Services or
Third-Party Content except as permitted under these Terms. No other use of the
Services or Third-Party Content is permitted without our prior written consent.
You must retain all copyright and other proprietary notices contained in the
Services and Third-Party Content. You may not sell, transfer, assign, license,
sublicense, or modify the Third-Party Content or reproduce, display, publicly
perform, make a derivative version of, distribute, or otherwise use the
Third-Party Content in any way for any public or commercial purpose other than
as permitted hereunder. The use or posting of any of the Third-Party Content on
any other platform, or in a networked computer environment for any purpose is
expressly prohibited. If you violate any part of these Terms of Service, your
right to access and/or use the Third-Party Content and Services will
automatically terminate.

11.4. Monitoring and Removal of Content

We may not review, pre-screen or filter all User Content, or Third-Party
Content, but we do reserve the right to delete or refuse to accept any User
Content or Third-Party Content in our sole discretion. In addition, we have the
right (but not the obligation) in our sole discretion to reject or delete any
content that we reasonably consider to be in violation of these Terms or
Applicable Law and Rules.

11.5. Third-Party Content Precautions

We do not guarantee the accuracy, integrity or quality of any Third-Party
Content, regardless of whether such products or services are designated as
“certified,” “validated” or the like. Any interaction or exchange of information
or data between you and any third-party is solely between you and such
third-party. You should take precautions when downloading files from any
platform to protect your computer from viruses and other destructive programs.
If you decide to access any Third-Party Content, you fully assume the risk of
doing so. Under no circumstances will Toast be liable in any way for any
Third-Party Content, including liability for any errors or omissions in any
Third-Party Content or for any loss or damage of any kind incurred as a result
of the use of or reliance on any Third-Party Content posted, emailed, linked or
otherwise transmitted via the Services.

11.6. Trademarks

The trademarks, service marks, and logos of Toast (the “Toast Trademarks”) used
and displayed on the Services are registered and unregistered trademarks or
service marks of Toast. Other Toast product and service names located in the
Services may be trademarks or service marks owned by a Merchant or other
third-parties (the “Third-Party Trademarks”, and, collectively with the Toast
Trademarks, the “Trademarks”). Nothing in these Terms of Service should be
construed as granting, by implication, estoppel, or otherwise, any license or
right to use any Trademark displayed in the Services without the prior written
consent of Toast specific for each such use. The Trademarks may not be used to
disparage Toast or the applicable third-party, Toast’s or third-party’s products
or services, or in any manner that may damage any goodwill in the Trademarks.
Except as described herein, the use of any Trademarks is prohibited without
Toast’s prior written consent. All goodwill generated from the use of any Toast
Trademark or Third-Party Trademark will inure to Toast’s, or the applicable
Third Party’s benefit, as applicable.

12. Termination of the Terms of Service

These Terms of Service continue to govern your use of the Services unless and
until such time as you or we terminate your use of any applicable Service(s).
Upon termination, you will lose access to the relevant Services, and we may
delete any information stored regarding you or your transactions through the
Services. Termination of your use of any of the Services does not relieve you of
the obligation to pay for any Purchases made as well as related fees and charges
already incurred. In the event of termination of your use of the Services by you
or us, we will not provide any refunds for amounts previously paid through the
Services.

Toast reserves the right, in its sole discretion, to limit, suspend, or
terminate your Toast account and/or access to all or any part of the Services at
any time and for any reason without notice to you and without liability to you
or to any third party. Additionally, any of the Services, or any feature of
portion thereof, may be modified, replaced, suspended, or terminated, without or
notice at any time, in Toast’s sole discretion, without liability.

13. Electronic Communications (including E-Sign Disclosure and Consent)

This section 13 describes how Toast delivers communications to you
electronically. We may amend these terms from time to time, and if we make
substantial changes, we will provide you with reasonable notice in accordance
with any communication preferences you have given to us, and by posting notice
of the updates on our Website.

13.1. Consent for Electronic Communications

You agree and consent to receive electronically all communications, agreements,
disclosures, notices and documents (collectively “Communications”) that we
provide in connection with your Toast account and the Services we provide. We
may at times be required to provide you with Communications in written form,
which you agree to receive electronically instead of in paper form, including by
sending via electronic mail to the email address you provide to us, or by
posting notice or communicating with you via the Toast app or our website.
Communications include these Terms and any and all other agreements or policies
to which you must agree in order to use the Services, including updates to those
agreements and policies; payment authorizations and transaction receipts or
confirmations customer service matters; and any other communication related to
your use of the Services.

It is your responsibility to keep your email address accurate and up to date so
that Toast can communicate with you. You can update the email address associated
with your Toast account by logging in and accessing the Profile section within
the Toast app or any Online Ordering page.

All Communications sent in electronic format will be considered to be in
“writing and are considered received by you upon posting through the Website or
Toast app, via push notifications to your device, or sending to you via
electronic email or SMS, regardless of whether you have accessed that
communication.

13.2. Consent to Contact Mobile Number

By voluntarily providing your mobile phone number to Toast or through any Toast
Services, you confirm you are authorized to provide that number to Toast and
agree that Toast may contact you at that number. If you provide a mobile number,
you expressly agree that Toast may contact you using automated telephone call,
and SMS or MMS messages at that phone number, and you hereby consent to
receiving such communications for transactional, informational, and operational
purposes.

13.3. Term of Consent

Your consent to receive electronic Communications is valid until and unless you
revoke it. You may revoke your consent at any time, however, consent to
electronic Communications is a condition of some of our Services, and if you
revoke it you will no longer be permitted to use the Services. If you wish to
revoke your consent for electronic Communications, please contact
legal@toasttab.com.

13.4. Methods of Agreement

You acknowledge and agree that by clicking on the “I Agree”, “Submit”, “Create
Account” or similar button on the website, Online Ordering page, Local App or
other feature offered under our Services and associated with these Terms or with
any other electronic document authorizing us to provide the Services to you, you
are indicating your intent to sign these Terms and/or other applicable
agreement(s). You also agree that clicking on these buttons on the website,
Digital Ordering feature or Local App shall constitute your electronic signature
to these Terms or other such document displayed with the button(s) and relating
to the Services. You further agree that your electronic signature on these Terms
and any other document shall have the same legal effect under state and federal
law as if you signed the documents in ink on paper.

13.5 Electronic Communications From Merchants

Transactional SMS: By using the Services and providing your email address and/or
mobile phone number you consent to receive transactional text (SMS) messages and
transactional email messages from Toast and the Merchants that you transact
with. Such communications may include, but are not limited to, requests for
secondary authentication, receipts, reminders, order updates, and notifications
regarding updates to your account or account support.

Marketing SMS: Merchants that you transact with may also send you marketing and
promotional communications, and valid consent will be obtained where required.
Such communications may be from the Merchant you transacted with and/or from
other businesses within that Merchant’s restaurant group. Your consent to
receive marketing SMS messages is not a condition of purchase. 

Short-Code SMS: Certain Toast Services, including but not limited to Toast
Loyalty, Order & Pay, Pay Card, Order Notifications, and/or other Toast Services
allow Toast Merchants to utilize certain short code numbers for communications.
When you provide your phone number through the signup flow for these Toast
Services, you are opting-in to receive text messages that may come from
different SMS short code numbers including 86278, which code(s) may change from
time-to-time without prior notice (the “SMS Short-Code”).  When you opt in for
these programs you will receive a text message to confirm your signup for
notifications related to the applicable Toast Services. If you no longer wish to
receive these text messages, text "STOP" to the SMS Short-Code. After you send
the message "STOP", you will receive a reply message confirming that you have
been unsubscribed. Please note that by replying “STOP,” you will be unsubscribed
from receiving text messages for all of the Toast Services using the SMS Short
Code. If you would like to re-subscribe to receive notifications for any of the
relevant Toast Services, you can text or reply to the SMS Short-code with the
word “Start”. If you need assistance with the programs utilizing SMS Short-Code
you can reply to the SMS Short-Code with the keyword HELP, or you can get help
directly by emailing sms@toasttakeout.zendesk.com

General: Call and text message communications may be generated by automatic
telephone dialing systems. Standard message and data rates may apply. Message
frequency varies.  Text HELP at any time for help. You may opt-out of text
messages by replying STOP. You may have to separately opt-out of notifications
related to a specific Toast Services. You acknowledge and agree that you may
continue to receive text messages for a short time while your opt-out request is
processed.  If you opt out of marketing text messages from a single Toast
Merchant you will only be opted out of marketing messages from that Merchant.
You may opt-out of receiving marketing or promotional email communications we
send by following the unsubscribe options on such emails. Merchants control and
are responsible for the content in all Merchant Communications, which shall be
deemed “Third-Party Content” as defined in Section 11.3 of these Terms, and
Toast does not take any responsibility or accept any liability in connection
therewith. Merchants are also responsible for ensuring that Merchant
Communications are only sent where legally required consent has been obtained,
and Toast does not take any responsibility or accept any liability in connection
therewith.   You acknowledge that opting out or unsubscribing from receiving
communications may impact your use of the Toast Services. 

14. Arbitration

14.1. Agreement to Arbitrate

This Section 14 is referred to as the Arbitration Agreement. You agree that any
and all disputes or claims that have arisen or may arise between you and Toast,
whether arising out of or relating to these Terms of Service or in connection
with your use of the Services, shall be resolved exclusively through final and
binding arbitration, rather than a court, in accordance with the terms of this
Arbitration Agreement, except that you may assert individual claims in small
claims court, if your claims qualify. You agree that, by agreeing to these
Terms, you and Toast are each waiving the right to a trial by jury or to
participate in a class action. Your rights will be determined by a neutral
arbitrator, not a judge or jury. The Federal Arbitration Act governs the
interpretation and enforcement of this Arbitration Agreement. Notwithstanding
the foregoing, this Arbitration Agreement shall not preclude either party from
pursuing a court action for the sole purpose of obtaining a temporary
restraining order or preliminary injunction in circumstances in which such
relief is appropriate, provided that any other relief shall be pursued through
an arbitration proceeding pursuant to this Arbitration Agreement.

14.2. Prohibition of Class and Representative Actions and Non-Individualized
Relief

You and Toast agree that each may bring claims against the other only on an
individual basis and not as plaintiff or class member in any purported class or
representative action or proceeding. Unless both you and Toast agree otherwise,
the arbitrator may not consolidate or join more than one person’s or party’s
claims and may not otherwise preside over any form of a consolidated,
representative, or class proceeding. Also, the arbitrator may award relief
(including monetary, injunctive, and declaratory relief) only in favor of the
individual party seeking relief and only to the extent necessary to provide
relief necessitated by that party’s individual claim(s).

14.3. Pre-Arbitration Dispute Resolution

Most concerns can be resolved quickly and to all parties’ satisfaction by
emailing Toast’s Customer Care team at support@toasttab.com. If such efforts
prove unsuccessful, a party who intends to seek arbitration must first send to
the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice
to Toast should be sent to Toast at 333 Summer Street Boston, MA 02210, Attn:
General Counsel. The Notice must (i) describe the nature and basis of the claim
or dispute and (ii) set forth the specific relief sought. If you and Toast do
not resolve the claim within sixty (60) calendar days after the Notice is
received, you or Toast may commence an arbitration proceeding. During the
arbitration, the amount of any settlement offer made by Toast or you shall not
be disclosed to the arbitrator until after the arbitrator determines the amount,
if any, to which you or Toast is entitled.

14.4. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the
American Arbitration Association’s (“AAA”) rules and procedures, including the
AAA’s Commercial Arbitration Rules (collectively, the “AAA Rules”), as modified
by this Arbitration Agreement. If there is any inconsistency between any term of
the AAA Rules and any term of this Arbitration Agreement, the applicable terms
of this Arbitration Agreement will control unless the arbitrator determines that
the application of the inconsistent Arbitration Agreement terms would not result
in a fundamentally fair arbitration. All issues are for the arbitrator to
decide, including, but not limited to, issues relating to the scope,
enforceability, and arbitrability of this Arbitration Agreement. The arbitrator
can award the same damages and relief on an individual basis that a court can
award to an individual under these Terms of Service and Applicable Law and
Rules. Decisions by the arbitrator are enforceable in court and may be
overturned by a court only for very limited reasons. Unless you and Toast agree
otherwise, any arbitration hearings will take place in a reasonably convenient
location for both parties with due consideration of their ability to travel and
other pertinent circumstances. If the parties are unable to agree on a location,
the determination shall be made by the AAA. If your claim is for $10,000 or
less, Toast agrees that you may choose whether the arbitration will be conducted
solely on the basis of documents submitted to the arbitrator, through a
telephonic hearing or by an in-person hearing as established by the AAA Rules.
If your claim exceeds $10,000, the right to a hearing will be determined by the
AAA Rules. Regardless of the manner in which the arbitration is conducted, the
arbitrator shall issue a reasoned written decision sufficient to explain the
essential findings and conclusions on which the award is based.

14.5. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees will be governed by
the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any
payment of attorneys’ fees will be governed by the AAA Rules.

14.6. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by
the arbitrator, will be strictly confidential for the benefit of all parties.

14.7. Severability

If a court or the arbitrator decides that any term or provision of this
Arbitration Agreement other than Sub-Section 14.1 above is invalid or
unenforceable, the parties agree to replace such term or provision with a term
or provision that is valid and enforceable and that comes closest to expressing
the intention of the invalid or unenforceable term or provision, and this
Arbitration Agreement shall be enforceable as so modified. If a court or the
arbitrator decides that any of the provisions of Sub-Section 14.1 is invalid or
unenforceable, then the entirety of this Arbitration Agreement shall be null and
void. The remainder of these Terms will continue to apply.

15. Survival

Upon termination of your use of the Service or these Terms for any reason, in
addition to this section, the following sections shall survive termination:
Section 1.7 (Merchant Responsibilities), 5 (Fees), 8 (Disclaimer of Warranties,
Waiver and Limitation of Liability), 10 (Indemnification), 11 (Ownership of
Content, Use of Trademarks), 12 (Termination), 14 (Arbitration), 17 (Governing
Law), and 18 (Miscellaneous).

16. Assignment

You may not assign these Terms or any rights or obligations hereunder, by
operation of law or otherwise, without our prior written consent and any
attempted assignment may be void. We reserve the right to freely assign these
Terms and the rights and obligations hereunder, to any third party without
notice and consent. Subject to the foregoing, these Terms shall be binding upon
and inure to the benefit of the parties hereto, their successors and permitted
assigns.

17. Governing Law

Any action, claim, or dispute related to these Terms of Service will be governed
by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law
provisions, and controlling U.S. federal law. The United Nations Convention on
Contracts for the International Sale of Goods and Uniform Computer Information
Transactions Act will not apply to these Terms of Service.

18. Miscellaneous

If any provision of these Terms is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision will not affect the
validity of the remaining provisions of these Terms, which will remain in full
force and effect. Failure of Toast to act on or enforce any provision of these
Terms will not be construed as a waiver of that provision or any other provision
herein. No waiver will be effective against Toast unless made in writing, and no
such waiver will be construed as a waiver in any other or subsequent instance.
Except as expressly agreed by Toast and you, these Terms, including any Toast
policies governing the Services referenced herein, constitute the entire
agreement between you and Toast with respect to the subject matter hereof, and
supersedes all previous or contemporaneous agreements, whether written or oral,
between you and Toast with respect to the subject matter. The section headings
are provided merely for convenience and will not be given any legal import.


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