Switching to Toast
Feeling limited by your current tech? Toast is here for you, starting with easy onboarding.
Opening a New Restaurant
We'll take care of the technology, so you can focus on what matters most.
ONLINE ORDERING
A commission-free solution, totally integrated with your POS for real-time updates.
PAYROLL SUITE
Fast, easy payroll synced right with your POS.
ACCESS CAPITAL
Fast, flexible funding to power your restaurant.
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.
Trends and analysis from across the industry
Resources to help you get the most out of Toast
Restaurants of all kinds finding success with Toast
Get rewarded for helping restaurant clients succeed
Explore new and upcoming Toast solutions
Toast solutions for any concept
Operations, team management, payroll and more
Tools, insights, and advice
Front of house, back of house, and online seamlessly connect and work in sync.
Toast is designed for restaurant success. Customize Toast to fit the needs of your restaurant type.
Industry Insights
Toast Central
Customer Stories
Local Partner Advocates
Innovation at Toast
Under 10 Employees? Explore Starter Kits
This Beta Participation Agreement (“Beta Agreement”) sets forth the terms and conditions governing Merchant’s participation in Toast’s program to evaluate certain new Toast products and services (the “Beta Program”). Merchant agrees to comply with all the terms of the Toast Merchant Agreement (the “Merchant Agreement”), End User License Agreement (the “EULA”), Privacy Statement, and any other agreements applicable to Merchant’s relationship with Toast (collectively, the “Toast Agreements”). All capitalized terms used but not defined herein shall have the meaning set forth in the Merchant Agreement.
Merchant understands and acknowledges the following:
Definitions. “Beta Products” means the Toast software, hardware, website, application, support, services, or other products and/or features, and any associated documents, materials, information, and data, which are not yet available to the public or to other Toast Merchants and/or their customers in the normal course of business, and being made available to Merchant as a Beta Program participant, or otherwise designated as a beta, pilot, preview, or any similar description.
License. Toast grants to Merchant a limited, non-exclusive, non-transferable, revocable license to access and use the Beta Products, for the duration of Merchant’s participation in the Beta Program, solely for the purposes of evaluating, testing, and providing feedback on the Beta Products. Merchant shall not use the Beta Products for any purpose beyond the scope of the Beta Program, nor shall Merchant directly or indirectly allow access to and/or use of the Beta Product(s) by any third party.
Restrictions on Use. Except as expressly permitted in this Beta Agreement, Merchant shall not, and shall not permit others to engage in any activity prohibited under Section 4.1 of the Merchant Agreement. The Beta Product(s) may be evaluated solely at the approved location(s) (“Location”), and may be used only by Merchant and its employees. Merchant shall not remove the Beta Product(s) from the Location unless upon written permission from Toast.
Data. As between the parties, Toast (and/or its licensors) owns or has license to all rights, title, interest, copyright and other worldwide Intellectual Property Rights in and to the Beta Products provided under this Beta Agreement, all of which shall and is expressly intended to remain vested in Toast. Section 5 of the Merchant Agreement shall govern the provision, ownership, and use of data associated with Merchant’s use of the Beta Product(s). Any rights not expressly granted herein are reserved by Toast.
Feedback. Merchant agrees to provide ongoing reasonable Feedback to Toast about the Beta Products throughout the duration of Beta Program. Feedback may include responses to interviews, surveys, email communications, or in-person visits to the Location. All Feedback provided shall be the sole and exclusive property of Toast. Merchant hereby irrevocably assigns and, to the extent any such assignment cannot be made at present, will assign and transfer all right, title, interest and other worldwide intellectual property rights in and to the Feedback to Toast, and acknowledges that Toast is free to use, disclose, reproduce and otherwise exploit any and all Feedback provided by Merchant in Toast’s sole discretion, entirely without obligation or restriction of any kind.
Confidential Information. Confidential information shall be governed pursuant to the Merchant Agreement, except as expressly stated in this Beta Agreement. Toast’s Confidential Information includes, without limitation, the Beta Products, Feedback, and any communications, documents, materials, information, or data relating to Merchant’s participation in the Beta Program. Merchant acknowledges and agrees there may be no adequate remedy at law for breach of this section and that such breach may cause irreparable harm to Toast; therefore, in the event of a breach or threatened breach of this section by Merchant, the Toast shall be entitled to seek immediate injunctive relief, in addition to whatever remedies it might have at law or under this Beta Agreement.
Disclaimer of Warranties. Merchant acknowledges and agrees that by their nature, Beta Products are still under development when made available to Merchant, and have not been commercially released for sale or subscription by Toast. Beta Products may not be fully functional, and may include design flaws, errors, bugs, or other problems, including problems that may impact the operation of Merchant’s existing Services. Merchant acknowledges and agrees that Beta Products may contain fewer features or different commercial terms than subsequent, generally available versions. Toast retains the right to alter, modify, suspend or cancel the Beta Products, the Beta Program, and/or Merchant’s participation in it at any time, in its sole discretion.THE TOAST BETA PRODUCTS ARE PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USE OR TRADE. TOAST SHALL HAVE NO LIABILITY (INCLUDING ANY INDEMNIFICATION OBLIGATIONS) TO MERCHANT (OR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, OR PARTNERS) OR ANY THIRD PARTY RELATING TO THIS BETA AGREEMENT OR THE USE OF ANY BETA PRODUCTS BY MERCHANT WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE. IN NO EVENT WILL TOAST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, INCIDENTAL, EXEMPLARY, COVER OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS OR REVENUE, LOST BUSINESS OPPORTUNITIES, LOST SAVINGS, LOST DATA, OR COMPUTER FAILURE, EVEN IF TOAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANOTHER LIMITED REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE.
Compliance with Applicable Laws. Merchant acknowledges and agrees that Merchant is solely responsible for its own compliance with Applicable Law and Rules, including without limitation with respect to its use of the Beta Products.
Term and Termination. This Beta Agreement shall commence on the date that Merchant demonstrates consent to these terms, and shall expire at the end of Merchant’s participation in the Beta Program. This Beta Agreement will automatically terminate upon any material breach by Merchant of any of its obligations hereunder. If Merchant breaches this Beta Agreement, Toast may immediately remove Merchant from the Beta Program and revoke Merchant’s access to any Beta Products. If Toast determines that any Beta Product Merchant is testing will be released as a generally available part of the Toast Services, Merchant’s participation in the Beta Program as to that Product shall expire as of the date that Product becomes generally available. Toast may terminate this Beta Agreement and Merchant’s participation in the Beta Program at any time and for any reason in Toast’s sole discretion without notice to Merchant.
Special Terms. A Beta Program may include additional terms and conditions of participation (“Special Terms”), which Toast will disclose to Merchant. Any Special Terms disclosed by Toast are herein incorporated by reference into this Beta Agreement.
AI Product Terms. You understand that by participating in the Beta Program you may be interacting with an AI system (“Beta Product AI Service”). When using any Beta Product AI Service, anything you input into the Beta Product AI Service (“Inputs”) are considered User Content as defined in Section 2.2, and any outputs generated by the service (“Outputs”) are considered Third-Party Content as defined in Section 2.3 of the End-User License Agreement. Toast makes no representations or warranties whatsoever in connection with your use of any Beta Product AI Service and/or any Outputs. You may not use any Beta Product AI Service in any way that infringes, misappropriates, or violates any person’s rights or in any manner that is likely to result in unlawful Outputs; nor may you input any personal information into any Beta Product AI service. By using any Beta Product AIService you agree to engage in human review of all Outputs before they are distributed and you understand that use of such service may result in incorrect, inaccurate, offensive, and unlawful Outputs and that you must evaluate whether any Output is appropriate for your intended use. Toast will have no liability under the Toast Agreements (including any indemnification obligations) arising out of or related to any use of Inputs or Outputs by Merchant or its affiliates, partners, clients, or customers. You will indemnify and hold harmless Toast from any claims arising from or relating to your use of any Beta Product AI service.