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Toast AI Terms


Last updated: August 7, 2024

Effective Date: August 7, 2024


By using any of the products, features, and/or tools that leverage AI or Generative AI (an “AI Product” or collectively, “AI Products”) offered by Toast, Inc. (“Toast”, “we”, “us”, “our”), you agree to be bound by applicable terms, policies, agreements and guidelines, including without limitation the the Toast Merchant Agreement (the “Merchant Agreement”), the Privacy Statement, the terms of the Merchant Data Processing Addendum, and these Toast AI Terms (the “AI Terms”). Together, these documents are the “Terms”. All capitalized terms used but not defined herein shall have the meaning set forth in the Merchant Agreement. Toast may modify these AI Terms at any time without notice, and by continuing to use any AI Products you agree to such modifications. 

  1. AI Products & AI Content. 

    1. 1.1 When using any AI Product, you are responsible for anything you input or upload (an “Input” or “Inputs”), including without limitation any content, files, documents, images, or text and you represent and warrant that you have all rights, licenses, and permissions required to provide any Input. You are also responsible for any outputs generated by the AI Product through your use of AI Products or through prompts you provide to AI Products (an “Output” or “Outputs”). Together, Inputs and Outputs are referred to as “AI Content.” 

    2. 1.2 Your use of an AI Product may be subject to additional applicable terms for that AI Product.

    3. 1.3 When using Outputs, you agree to inform viewers of those Outputs that the content is AI-generated where required by applicable law, industry standards or best practices.

    4. 1.4 Prior to including any personal information in any Input, you confirm that (1) where required, you have provided any written notices to individuals to whom the personal information relates or obtained any required consents (including consents for secondary uses) and (2) any processing of such personal information is in accordance with applicable law. 

    5. 1.5 You agree that you will not include any sensitive personal data of any individual (including data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health data or data concerning anyone’s sex life or sexual orientation, or financial or credit card information) in any Input to AI Products.

    6. 1.6 You agree not to use any Output relating to a person for any purpose that could have a legal or material impact on that person, including without limitation access to essential goods or services, or making credit, financial, educational, employment, housing, insurance, legal, medical, or other important decisions about them.

    7. 1.7 As between you and Toast, to the extent permitted by applicable law and subject to any applicable Terms, you retain all ownership rights to your AI Content. You grant Toast and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your AI Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the AI Products. You retain all rights in your Inputs and Outputs, subject to the rights you granted to Toast in these AI Terms.

  2. Suitability of Outputs. You understand and acknowledge that use of AI Products may result in Outputs that are unexpected, unsuitable, incorrect, inaccurate, offensive, or unlawful. An Output may not be unique, and other users of AI Products may generate the same or similar Output. You are responsible for evaluating whether any Output is appropriate for your intended use, and you should not rely on any Output as a sole source of truth or factual information or as a substitute for professional advice. Outputs may not be protectable by intellectual property rights. By using any AI Product, you agree to engage in human review of all Outputs before they are distributed and regularly review the quality of the AI Product for your particular use case. You also understand that Outputs do not represent Toast’s viewpoint, advice, or opinion. 

  3. Use Restrictions You are responsible for all AI Content, including without limitation ensuring that AI Content complies with all Applicable Law and Rules before generating, using, or sharing it. You agree that you will not use AI Products to: 

    1. 3.1 Create any content that is harmful, misleading, or violates the rights of any user, person, or third party;

    2. 3.2 Mislead anyone that any content generated by AI Products is human-generated;

    3. 3.3 Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

    4. 3.4 Deploy subliminal, manipulative, or deceptive techniques that distort behavior or impair a user’s informed decision-making;

    5. 3.5 Exploit any vulnerabilities related to age, disability, or socio-economic circumstances; 

    6. 3.6 Infer sensitive attributes (race, political opinions, trade union membership, religious or philosophical beliefs, sex life, or sexual orientation), except when lawfully acquired, or evaluate or classify individuals based on sensitive attributes, social behavior, or personal traits causing harmful or unfavorable treatment to those individuals; 

    7. 3.7 Provide medical, legal, financial, or other specialized advice; 

    8. 3.8 Intentionally or unintentionally violate any applicable law or regulation; or

    9. 3.9 Generate or disseminate:

      1. 3.9.1 Private information of others in violation of their privacy or data protection rights;

      2. 3.9.2 Content, including images, that infringes, misappropriates, or is otherwise  subject to  the intellectual property or other proprietary rights of another;

      3. 3.9.3 Content that may be libelous, slanderous, or otherwise defamatory;

      4. 3.9.4 Political content, including for dissemination in electoral campaigns;

      5. 3.9.5 Spam, ransomware, keyloggers, viruses or other software.

      6. 3.9.6 Content that contains corrupted data or any other harmful, disruptive, or destructive files;

      7. 3.9.7 Hateful, harassing, abusive, violent, or highly offensive content that attacks or dehumanizes a group based on race, ethnicity, national origin, religion, serious disease or disability, gender, age, or sexual orientation; or

      8. 3.9.8 Pornographic material, images of explicit nudity, depictions of graphic violence or gore, or content that otherwise promotes, glorifies, or threatens violence.

  4. Responsibility for AI Content; Suspension. You are solely responsible for the creation and use of AI Content and for ensuring AI Content complies with the Terms; however, Toast may, but is not obligated to, use available technologies, vendors, or processes to monitor, screen for and block any AI Content that may violate Applicable Law and Rules, the rights of a third party, Toast’s Acceptable Use Policy, or the Terms, including before the Output is delivered to you.  Toast reserves the right to suspend, terminate, or otherwise modify your access to AI Products or other Services, including without limitation by blocking any Input or Output, as determined in our sole discretion if we identify any actual or suspected misuse of AI Products. For illustrative purposes only, such misuse may include but is not limited to any use of an AI Product that violates the rights of a third party, any applicable law, the Terms, or if your use of an AI Product creates unreasonable risk for Toast.

  5. Disclaimer of Warranties; Indemnification. Toast makes no representations or warranties whatsoever in connection with your use of any AI Product or AI Content. Toast will have no liability under the Terms (including any indemnification obligations) arising out of or related to use of any AI Product or AI Content by you  or your affiliates, partners, clients, or customers. You will indemnify and hold harmless Toast from any claims arising from or relating to any AI Product or AI Content. 

  6. No AI/ML Training. You must not, and must not allow third parties to, use any AI Products, AI Content or other information related thereto to directly or indirectly create, train, test, or otherwise improve any AI or machine learning models or systems. 

  7. Third Parties. 

    1. 7.1 You understand and agree that Toast may engage third parties to provide some or all of the functionality of AI Products. You agree that any Input you provide may be shared with such third parties to enable the functionality of the AI Products. Your use of AI Products may be subject to the terms of such third parties, which Toast may share from time to time. 

    2. 7.2 Toast may also share your data with select third party service providers Toast engages to enable functionality of AI Products and they may also use your data to improve their services. This may include any personal data you choose to include within Inputs. Toast handles such personal data as described in its Privacy Statement.