Toast Community Terms
Effective as of October 13, 2022
Hello! Welcome to the Toast Community!
Toast Community is a space to interact with one another and share knowledge, information, best practices, and experiences related to the restaurant industry and the use of Toast, Inc. (“Toast”) products and services. By using Toast Community, you agree to these Toast Community Terms, Toast’s End User License Agreement , the Toast Privacy Statement , and the Community Guidelines (the “Terms”).
These Terms constitute a legally binding agreement between you and Toast, so please read them carefully. If you do not agree to the Terms, please do not use the Toast Community.
THESE TERMS INCORPORATE A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE SECTION TITLED “ARBITRATION” WITHIN TOAST’S END USER LICENSE AGREEMENT, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND (“ARBITRATION AGREEMENT”).
We may modify these Terms from time to time as described in the Section below titled “Modifications”. We further reserve the right to change, add to or disable the Toast Community at any time, without notice or liability.
“We,” “our,” and “us” refers to Toast. “You” and “your” refers to you, the individual user and participant in Toast Community. If you are participating in the Toast Community on behalf of a company, organization or other entity, then “you” means that entity, and you are binding that entity to these Terms and represent and warrant that you have all necessary authority to do so. If you do not have authority or if you do not agree with these Terms, you may not participate in the Toast Community. In addition, in order to participate in the Toast Community, you must be at least 18 years of age and legally capable of entering into contracts.
As our business evolves, we may change the Terms. Any revisions to the Terms will become effective on the date we publish the change. If you use the Toast Community after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions. Please do not use the Toast Community if you do not agree to the new Terms.
Technical difficulties or maintenance may, from time to time, result in temporary interruptions to the Toast Community. Toast reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Toast Community or any of its functions and features with or without notice. If Toast modifies or discontinues the Toast Community for any reason, Toast shall have no liability or responsibility to you.
2. No official support
Information, advice or other material of any kind posted on the Toast Community ("Content") is not official support provided by Toast. For official support with product and account related questions, please contact Toast’s support team at Toast Central located at central.toasttab.com. You acknowledge that opinions expressed in Content on the Toast Community are those of contributors of such Content only and do not reflect the opinions or policies of Toast. We do not endorse Content posted by you or others.
3. Toast Community Content
You are solely responsible for all Content that you post on the Toast Community. Toast has no control over the Content that you post and assumes no responsibility for such Content, or any Content posted by other users. Toast does not make any promises about the reliability of any source or the accuracy, safety, or intellectual property rights of any Content available to you as a member of the Toast Community. You may find Content on the Toast Community to be offensive, indecent or otherwise objectionable; however, you agree not to hold us responsible in any way for any Content you encounter. We do not promise to store or make available on the Toast Community any Content for any length of time.
4. Toast Community Moderation
It is strictly prohibited to include any information in any Content that suggests you are a Toast employee or moderator, or to otherwise pose as such an employee or moderator when using the Toast Community.
To ensure and foster a positive environment, Toast may designate Toast employees to act as moderators for the Toast Community. We have no obligation to (but may, in our discretion) remove or edit any Content for any or no reason, including, without limitation, Content that, in Toast’s sole discretion, violates these Toast Community Terms.
Toast has the discretion to block users who violate the Terms and/or to terminate the user’s Toast Community account.
Please help Toast to protect the integrity of the Toast Community and to ensure that the Toast Community remains as helpful as possible by reporting any inappropriate activity or user posts in the Toast Community. Inappropriate content or activity may be reported by reaching out to our Community Managers within the Community platform.
5. Toast Community Guidelines
Users of Toast Community must monitor and control all activity conducted through your Toast Community account. You are responsible for your Toast Community account and everything that happens under your account, including if someone accesses your account without your permission. The integrity and safety of the Toast Community and our users means a lot to us. In order to keep the Toast Community a positive experience for all, we expect you to observe our Community Guidelines.
You grant Toast an unlimited, irrevocable, perpetual, and royalty-free license to access, use, reproduce, display, prepare derivative works of, sublicense, perform, and distribute any Content, including all feedback, suggestions, or ideas for any purpose without any obligation or compensation to you.
If you make available through Toast Community ideas and suggestions on Toast products or services, you acknowledge and agree that posting such Content does not make you an inventor of any invention that may arise during any development of any Toast product or service, including those that may incorporate or are related to user contributions to Toast Community. If, despite the foregoing, you retain any right, title, or interest in any invention, you agree to assign to Toast all right, title, and interest in and to such invention, effective upon the invention’s conception, creation, or development. To the extent that you retain any right to or interest in any invention after all permissible assignment, you waive all claims with respect to such rights or interests against Toast and its affiliates, and any user of any Toast product or service. In addition, you grant Toast an unlimited, irrevocable, perpetual, and royalty-free license to access, use, reproduce, display, prepare derivatives works of, sublicense, perform, distribute, modify, make, sell, offer to sell, import, analyze, and exploit all or any portion of such invention. You waive and quitclaim to Toast any claim for infringement, misappropriation, or other violation of any invention or intellectual property rights assigned or licensed under these Terms.
7. Term and Termination
These Toast Community Terms will become effective in relation to you when you register for the Toast Community and will remain in effect until you terminate your Toast Community account or its earlier termination by Toast.
You may terminate your Toast Community account at any time by visiting My Settings > Personal > Close Account. Without limiting our other rights to terminate access to the Community, Toast reserves the right to terminate or suspend your Toast Community account at any time if, in Toast's sole discretion, you are in contravention of any of the Terms. If Toast terminates or suspends your Toast Community account for any reason whatsoever, Toast, shall have no liability or responsibility to you. Please note that if your Toast Community Account is terminated by you or Toast for any reason, Content that you have posted may be kept in the Community in an anonymized form.
8. Intellectual Property Rights
We take the intellectual property rights of others seriously and require that our Toast Community users do the same. The Toast Community contains proprietary and confidential information that is protected by intellectual property and other laws. Toast retains all right, title and interest in and to the Toast Community, any text, information, data, graphics, messages, sounds, videos, content, code, scripts, software or other materials on the Community (other than user posted Content) and all other Toast products and services. Toast retains all rights to its branding, logos, trademarks and service marks, and nothing in these Terms grant you rights to use them. You do not have the right to use the Toast Community other than as covered by these Toast Community Terms.
9. WARRANTY DISCLAIMER
THE USE OF TOAST COMMUNITY IS AT YOUR OWN RISK. TOAST COMMUNITY IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, TOAST EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT TOAST DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. TOAST DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY CONTENT POSTED ON THE TOAST COMMUNITY OR ANY HYPERLINKED WEBSITE.
10. LIMITATION OF LIABILITY
NEITHER TOAST, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO YOUR PARTICIPATION IN TOAST COMMUNITY, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS WITH THE TOAST COMMUNITY IS TO TERMINATE YOUR ACCOUNT AND STOP USING THE TOAST COMMUNITY.
You will defend and indemnify Toast and its affiliates, and their respective officers, directors, employees, and contractors, from and against any claim by a third party arising from or related to: (a) your use or attempted use of Toast Community in violation of these Terms, (b) your violation of any law or the rights of any third party, or (c) any Content you post to Toast Community, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights.
12. Privacy and Security
When you sign up for and use the Toast Community, Toast and its hosting providers may gather, store, share and use your personal data. You can read more about our privacy practices in Toast’s Privacy Statement , which includes information about your privacy, your rights and how to exercise them.
13. General Terms
We may provide you with notices via email or the Toast Community, as determined by us in our discretion.
Toast may assign its rights and obligations in connection with these Toast Community Terms without restrictions. You may not assign your rights or obligations in connection with the Toast Community or your Toast Community account, or any part, to any third party.
Any action, claim, or dispute related to these Toast Community Terms will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts or choice of law provisions, and controlling U.S. federal law. Except as set forth in the Arbitration Agreement, the parties agree that the federal or state courts in the city of Boston, Massachusetts shall have exclusive jurisdiction to hear and determine any dispute between them. The Uniform Computer Information Transactions Act, and the United Nations Convention on the International Sale of Goods, shall not apply to the Toast Community Terms.