Toast Acceptable Use Policy

Last Updated: September 16, 2024 

Effective Date: September 16, 2024 

This Toast Acceptable Use Policy (“Toast AUP”) outlines the terms and conditions that apply to your use of any products or services offered by Toast, Inc. (“Toast”, “we”, “us”, “our”), including without limitation messaging services, websites, mobile applications, products powered by AI, ads tools, APIs or integrations, and products that enable guests to interact with each other and Toast restaurants (“Services”). 

By using the Services, you agree to the rules and restrictions as outlined in this Toast AUP, and agree to be bound by applicable terms, policies, agreements and guidelines, including without limitation the Toast Merchant Agreement (the “Merchant Agreement”), Guest Terms of Service, Privacy Statement, and Merchant Data Processing Addendum as applicable (collectively, the “Terms”). Toast may modify this Toast AUP at any time without notice, and by continuing to use any Services you agree to such modifications. 

User Content: The Services may contain features that allow you to upload, post, share, promote, submit, publish, distribute, store, display, or transmit (collectively, “Share”) content or materials, including without limitation text, graphics, videos, images or other data (including without limitation personal information) (collectively, “User Content”). Toast is under no obligation to edit or control User Content and will not be in any way responsible or liable for User Content. Toast may at any time and without prior notice, either directly or through a third party of its choosing, take action to screen, remove, edit, or block any User Content, or revoke or limit access to features and/or suspend, block, or terminate your access to the Services if any User Content violates this Toast AUP, violates any relevant third party acceptable use policy or other applicable terms, creates unreasonable risk for Toast, or is otherwise objectionable in Toast’s sole judgment or the judgment of Toast’s relevant service providers and third party parties.

Prohibited Content & Activities: You are responsible for all User Content that you Share or otherwise make available when using the Services. You agree not to use the Services for any purpose that is unlawful, harmful, inappropriate or objectionable or to otherwise Share any User Content, that contains, offers, promotes, references, or links to such information, as determined by Toast in its sole discretion. Prohibited content and activities include without limitation:

  1. Illegal or harmful content. You must not Share any User Content that is illegal, objectionable, violates the rights of others, or may be harmful to others or to Toast (collectively, “Objectionable Content”). Examples of Objectionable Content include without limitation:
    1. Illegal goods or services, including without limitation paraphernalia that may be used for such illegal activity; 
    2. Lotteries; 
    3. Child sexual abuse material (“CSAM”), child pornography, or other sexually exploitative content; 
    4. For SMS and MMS messages, “SHAFT-C” (Sex, Hate, Alcohol, Firearms, Tobacco, and Cannabis) content, as defined under the CTIA Short Code Monitoring Guidelines, without appropriate age-gating;
    5. Tobacco products, vaporizers, electronic cigarettes; 
    6. Marijuana, cannabis, or related products or byproducts;
    7. Drugs and drug-related products, including without limitation illegal or recreational drugs; 
    8. Unsafe products and supplements; 
    9. Weapons, ammunition or explosives;
    10. Adult products or services;
    11. Phishing or pharming activity;
    12. Scams;
    13. Malicious content, such as malware or viruses; or
    14. Fireworks
    15. Any of the items in Toast’s Prohibited Items list, as referenced in Toast’s Payment Processing Terms
  2. Abuse of the Services. You must not use the Services for any activity that violates the rights of others; threatens, incites, promotes, or encourages violence, terrorism, or other serious harm; violates the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device; involves sending or facilitating the sending of spam or unsolicited commercial messages, including without limitation unsolicited bulk messages using any automated system or bots.
  3. Misrepresentation, fraud, and impersonation. You must not use the Services for any activity or purpose that is fraudulent or contains false, deceptive or misleading statements, claims, or representations, including without limitation misinformation or impersonation such as of a person, company, or brand.
  4. Infringement and inappropriate content. Your User Content must not infringe or have the potential to infringe the intellectual property, privacy, or other proprietary rights of another; be libelous, slanderous, or otherwise defamatory; or demonstrate or promote illegal behavior, be inappropriate, offensive, obscene, illicit, pornographic, hateful, harassing, abusive, or violent.

Representations & Warranties: By using the Services, you affirm, represent, and warrant that: (i) you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use, and to authorize Toast to use, your User Content as necessary to provide and improve the Services and in accordance with applicable licenses to Toast; (ii) your User Content, and the use of your User Content  does not and will not: (A) infringe, violate, or misappropriate any third-party right, including without limitation any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (C) cause Toast to violate any law or regulation; or (D) contain Objectionable Content,(iii) you will comply with all applicable laws, regulations, and rules governing the Services and your activity including without limitation the Telephone Consumer Protection Act and its implementing rules and regulations, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission’s Telemarketing Sales Rule, Children's Online Privacy Protection Rule (COPPA); and the CAN-SPAM Act of 2013; and (iv) you will comply with all applicable industry best practices including without limitation, where applicable, the messaging principles and best practices as promulgated by the Cellular Telecommunications Industry Association (CTIA) from time to time and any messaging principles and/or acceptable use policies of any applicable upstream vendor or provider of any messaging services. 

Waiver of Liability: You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Toast with respect to User Content.  TOAST EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT.