Toast AI Terms

1. Definitions 

2. AI Products: Responsible Conduct 

1. When using any AI Product, You are responsible for any Inputs, including without limitation any content, audio, 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 the use of an AI Product. Together, Inputs and Outputs are referred to as “AI Content”. 
2. Your use of an AI Product may be subject to additional applicable terms specific to that AI Product as notified to You from time to time.
3. You will:
   1. Agree to inform users of Outputs that the content is generated by AI or Generative AI where required by Applicable Regulations; 
   2. Provide notices or obtain any consents (including consents for secondary uses) before including any Merchant Data in any Input where required by Applicable Regulations; and
   3. Process such Merchant Data or Customer Data in accordance with Applicable Regulations.
4. You will not:
   1. Include any sensitive personal Merchant Data or Customer 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 an AI Product;
   2. Use any Output relating to a person for any purpose that could have a legal or material impact on that person, including, without limitation, affecting their access to essential goods or services, or making credit, financial, educational, employment, housing, insurance, legal, medical, or other similarly significant decisions about them;
   3. Attempt  to gain unauthorised access to, interfere with, damage, or disrupt any parts of the AI Products or any connected or related computer, software, firmware, hardware, device, data, database, system, or network;
   4. Violate, attempt to violate, or knowingly facilitate the violation of the security, integrity, or availability of the AI Products or any connected or related computer, software, firmware, hardware, device, data, database, system, or network;
   5. Introduce or distribute to the AI Product or use the AI Products to introduce or distribute any viruses, trojan horses, backdoors, malware, worms, logic bombs, malicious code, or other software, device, technology, or material that is malicious or technologically harmful;
   6. Circumvent or interfere with features, functionality, filters, or safeguards of the AI Product that are intended to limit or mitigate violations of Applicable Regulations or these Terms or other harms resulting from use of the AI Products; 
   7. Prompt the AI Products to perform in a way that violates these Terms, any terms and conditions applicable to the relevant Toast product or service that uses AI Products, or any Applicable Regulation; or
   8. Otherwise attempt to interfere with the proper working of the AI Products.

3. Suitability of Outputs

1. You understand and acknowledge that use of AI Products may result in Outputs that are unexpected, unsuitable, delayed, incorrect, inaccurate, offensive, or unlawful. An Output may not be unique, and other users of AI Products may generate the same or similar Output. 
2. 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. 
3. 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. 
4. You also understand that Outputs do not represent Toast’s viewpoint, advice, or opinion. 
5. You will be responsible for all AI Content, including without limitation ensuring that AI Content complies with all applicable law before generating, using, or sharing it. 

4. Use Restrictions 

1. You may use the AI Products only for lawful purposes and in accordance with these Terms. You must not modify, use or distribute the AI Products or any Outputs, and You must not use the AI Products to submit, upload, or input any Merchant Data or Customer Data, information or materials, or generate or produce any Outputs, in any of the ways described below:
   1. Create any content that is harmful, misleading, or violates the rights of any user, person, or third party;
   2. Mislead anyone that any content generated by AI Products is human-generated;
   3. Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
   4. Deploy subliminal, manipulative, or deceptive techniques that distort behavior or impair a user’s informed decision-making;
   5. Exploit any vulnerabilities related to age, disability, or socio-economic circumstances; 
   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. Provide medical, legal, financial, or other specialized advice; 
   8. Support unlawful active attacks or malware campaigns that cause technical harms, such as delivering malicious executables, organizing denial of service attacks, or managing command and control servers;
   9. Intentionally or unintentionally violate Toast’s Acceptable Use Policy or any Applicable Regulation; or
   10. Generate or disseminate:
       1. Private information of others in violation of their privacy or data protection rights;
       2. Content, including images, that infringes, misappropriates, or is otherwise  subject to  the intellectual property or other proprietary rights of another;
       3. Content that may be libelous, slanderous, or otherwise defamatory;
       4. Political content, including for dissemination in electoral campaigns;
       5. Spam, ransomware, keyloggers, viruses or other software;
       6. Content that contains corrupted data or any other harmful, disruptive, or destructive files;
       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;
       8. Pornographic material, images of explicit nudity, depictions of graphic violence or gore, or content that otherwise promotes, glorifies, or threatens violence; 
       9. Content that engages in, promotes, or facilitates human trafficking or sexual solicitation, exploitation, or violence.

5. Responsibility for AI Content; Suspension

1. You are solely responsible for the creation and use of AI Content and for ensuring AI Content complies with the Terms. You will promptly notify Us of any known or suspected breaches of these Terms, including any unauthorized use of the AI Products or generation of Outputs that may infringe third party rights.
2. 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 Regulations, the rights of a third party, Toast’s Acceptable Use Policy, or the Terms, including before the Output is delivered to You.  
3. 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.

6. Disclaimer of Warranties; Indemnification 

1. Toast makes no representations or warranties whatsoever in connection with the use of any AI Product or AI Content. 
2. 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. 
3. You will indemnify and hold harmless Toast from any claims arising from or relating to any AI Product or AI Content. 

7. Intellectual Property Rights

1. As between You and Toast, to the extent permitted by Applicable Regulations and subject to any applicable Terms, You retain all pre-existing ownership rights to Your AI Content. 
2. You hereby grant Toast and Our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid up, transferable, irrevocable, perpetual, and sub-licensable right to use, copy, modify, (including the right to create derivative works of), display and transmit Your AI Content in connection with Toast services, including the development of potential offerings or other future products and services under consideration by Toast (whether developed independently by Toast or through a third party). 
3. You retain all rights in Your Inputs and Outputs, subject to the rights You granted to Toast in these Terms.

8. AI Training

9. Third Parties

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. 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.