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Toast Cash Agreement

IMPORTANT: KEEP THIS AGREEMENT FOR FUTURE REFERENCE


  1. General Terms and Conditions

By purchasing and/or using Toast Cash as defined below, you accept the following terms and conditions:

This Toast Cash Agreement ("Agreement") is between and among the purchaser and/or redeemer of Toast Cash (“you”), Toast, Inc. (“Toast”), and Green Dot Bank and its successors, affiliates, and assignees (the “Bank”; and collectively with Toast, “we” or “us”).  

"Toast Cash," for the purposes of this Agreement, means: (i) a stored value amount purchased by you in the form of a virtual Toast Cash Gift Card (“Gift Card”), which is issued directly to you by the Bank for use solely through your Toast Account (as defined below), and (ii) in other cases, discretionary or rewards value in the form of promotional codes for discounts at Toast Merchants (defined below) provided to you by Toast, without consideration, for use in your Toast Account. 

Toast Cash is not for resale. Toast Cash is not insured by the Federal Deposit Insurance Corporation. You will not receive any interest on Toast Cash.  Toast is not a bank or other financial institution and does not provide banking or money transmission services for Toast Cash.  All financial services, including Gift Cards, are provided solely by Bank. 

Toast may modify any of this Agreement’s terms and conditions at any time, with or without notice to you, subject to applicable law. Bank may also modify the terms and conditions of this Agreement at any time, with or without notice to you, subject to applicable law. The most current Agreement shall be available here, and will supersede all previous versions of the Agreement. The most current Agreement shall be effective upon posting of such modified Agreement. Your use of any portion of Toast Cash after such posting constitutes your acceptance of the modified Agreement. If any term of this Agreement is deemed to be invalid, void or for any reason unenforceable, such term shall be deemed severable and will not affect the validity and enforceability of any remaining terms of this Agreement. 

THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING INDIVIDUAL ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION APPEAR AT THE END OF THIS AGREEMENT.

  1. Obtaining Toast Cash 

To purchase Toast Cash, you must have (1) an active and valid Toast digital ordering account (“Toast Account”), and (2) downloaded and installed the Toast mobile application (the “Toast App”).  You can only purchase Toast Cash from Bank via the Toast App.  Your use of Toast Cash is also subject to the Toast Account Terms, which are posted separately here.; in the event of a conflict between This Agreement and the Toast Account Terms, the terms of this Agreement will control solely to the extent of such conflict.

In addition to purchasing Toast Cash, you may also receive Toast Cash from Toast as a gift or reward.  To receive Toast Cash as a gift or reward, you must have a Toast Account.

  1. Redeeming Toast Cash

You must have a Toast Account to redeem Toast Cash.  You may only redeem Toast Cash by using it via your Toast Account to purchase goods and services from merchants who have an agreement with Toast (“Toast Merchants”) and have also agreed to accept Toast Cash, and subject to the applicable geographical limitations below (see Sections 5 and 6).  Not all Toast Merchants accept Toast Cash. Toast reserves the right to add or remove Toast Merchants, including those that accept Toast Cash, or modify the scope of goods and services for which Toast Cash can be redeemed. If you close your Toast Account, you will not be able to redeem any Toast Cash you have obtained; however, any Gift Card portion of your Toast Cash will remain available to you, subject to your re-opening the Toast Account to redeem that Toast Cash (which may be subject to additional verification).

When you redeem Toast Cash, any Toast Cash you have in the form of promotional codes will first be applied to your purchase.  Then, any Toast Cash you have in the form of Gift Cards will be applied to your purchase.  With respect to the Gift Card portion of your Toast Cash, the redemption of funds will be done under a first in first out method (e.g., if you purchased Gift Card A with $20 and then Gift Card B with $15 and then Gift Card C with $10, a redemption of $30 will leave you with a balance of $5 in Gift Card B and $10 in Gift Card C).

  1. Additional Information May Be Required

Toast and Bank may from time to time request information from you before it will allow use of Toast Cash in order to confirm your identity or comply with relevant laws, including anti-money laundering laws.  Your access to Toast Cash may be delayed until you comply with such requests.

  1. Purchased or Gifted Toast Cash Only Usable in Boston Metropolitan Area

Toast Cash that has been purchased or gifted to you can only be redeemed at certain Toast Merchants in Boston, Massachusetts, and the surrounding metropolitan area. We may from time to time expand or limit the locations where Toast Cash is usable at our discretion.

  1. Toast Cash Provided by Toast Only Usable in United States

You may use Toast Cash that has been provided to you by Toast (as opposed to Toast Cash that has been purchased by you or for you) in the fifty (50) states of the United States and the District of Columbia.

  1. Availability of Toast Cash

Toast Cash on each Gift Card may take up to 60 minutes after purchase or gifting before it becomes available to you through your Toast Account.

  1. No Cash Access

Except where required by the law, you may not use Toast Cash to obtain cash from an Automated Teller Machine (“ATM”), POS device, or by any other means. Toast Cash can only be redeemed via your Toast Account at select Toast Merchants (see Section 3 above).

In addition, any refunds authorized by Toast related to your redemption of funds from a Gift Card shall not be in cash; rather, the refund shall be made in the form of a new Gift Card, available as Toast Cash and last in line under the first in first out redemption method (see Section 3 above).

  1. Not Refundable or Transferable

No portion of Toast Cash is refundable, returnable, transferrable (except when gifted to another Toast user), or redeemable for cash except where required by law. Neither Bank nor Toast are responsible for unauthorized use of Toast Cash. Bank and Toast each reserve the right to suspend or void their respective portions of Toast Cash if either Bank or Toast suspects that the Toast Cash was obtained or used fraudulently, unlawfully, or otherwise in violation of this Agreement.

  1. Fees and Expiration Date

No fees apply to the Gift Card. The load value of Toast Cash in the form of a Gift Card never expires; Toast Cash provided to you by Toast (i.e. outside of the Gift Card), however, may expire as determined by Toast. You will receive notice of any applicable expiration date upon receipt of the Toast-provided Toast Cash.

  1. You are Responsible for Authorized Toast Cash Users

If you authorize anyone to use your Toast Cash, you are responsible for all transactions made by that person, even if they exceed the authorization granted.

  1. Default Payment Method

Toast Cash will be set as your default payment method in the Toast App. If you wish to use another payment method, go to the ‘Payment’ section in the Toast App and select the payment method before the service is provided.

  1. Limits (Including Maximum/Available Balance)

  1. Maximum Balance.  You may only have access to a maximum amount of a total of $1,000 in Toast Cash on any day.  For example, if you have $700 in Toast Cash, and spend $100 in Toast Cash, you may only purchase an additional $300 in Toast Cash that day.  You will only be able to access any refund, credit, gift, or other form of Toast Cash if doing so will not allow you to access more than $1,000 in Toast Cash on any day. 

  2. Available Balance. You are not allowed to exceed the available amount of Toast Cash through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds your balance of Toast Cash, you will remain fully liable to us for the amount of the transaction.

  3. Additional Limitations on Gift Card. The Gift Card is a non-reloadable virtual gift card loaded with a specific amount of funds when it is purchased. Other than the Toast Account, it is not connected to any other account, and the Gift Card cannot be redeemed or used except through the Toast Account at participating Toast Merchants as set forth in this Agreement. It is not a debit or credit card.

  4. Other Limitations. For security reasons, we may limit the amount, number, and type of transactions you can make with Toast Cash without prior notice to you. You agree not to use Toast Cash at unlawful websites, at payment processors supporting unlawful gambling websites, or to purchase illegal goods or services. You do not have the right to stop payment on any transaction made with Toast Cash. You may not make preauthorized regular payments with Toast Cash. Any transaction that may violate the terms of this Agreement may not be processed.

  1. Balance and Transaction History

You may obtain information in your Toast App about the amount of Toast Cash you have available to spend (which balance would reflect any amount in a Gift Card).  You may also be able to obtain information in your Toast App about any recent transactions you have made with Toast Cash.

  1. Information Given to Third Parties

Toast and Bank may use and/or disclose to each other and third parties information about you, Toast Cash, and the Toast Cash transactions: (a) when necessary for completing transactions; (b) in order to verify the existence and condition of the Toast Cash for a third party, such as a Toast Merchant; (c) in order to comply with government agency or court orders or other legal reporting requirements; (d) if you give us your consent; (e) to service providers who administer Toast Cash or the Gift  Card or perform data processing, records management, or other similar services for us, in order that they may perform those services; (f) in order to identify, prevent, investigate, or report possible suspicious or illegal activity; (g) in order to issue authorizations for transactions with Toast Cash; and (h) as otherwise permitted by applicable law. For more information about how Toast and Bank will collect, use and share your information, see the Toast Privacy Policy and Green Dot Privacy Policy.

  1. No Warranties and Limitation of Liability

We are not responsible for the delivery, quality, safety, legality, or any other aspect of goods or services that you purchase from others with Toast Cash. We also are not liable: (a) if through no fault of Toast or the Bank, you do not have enough funds available in Toast Cash and any secondary payment method to complete the transaction; (b) if a Toast Merchant refuses to accept the Toast Cash; (c) if an electronic terminal where you are making a transaction does not operate properly; (d) if access to the Toast Cash has been blocked after you reported the Toast Cash lost or stolen; (e) if we have reason to believe the requested transaction is unauthorized; (f) if circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction; or (g) any other exception stated in this Agreement. We are not liable to you in any case for special, punitive, or consequential damages or for any incidental expenses incurred by you, including, without limitation, attorneys’ fees.

  1. Unauthorized Transactions

If you believe a transaction has been made using Toast Cash without your permission, contact Toast’s Customer Service (see below) IMMEDIATELY.  We reserve the right to investigate any claim you may make with respect to an unauthorized transaction, and you agree to cooperate with such investigation. We may not be able to assist you if you do not contact us within 60 days of the unauthorized transaction. NO REFUNDS WILL BE PROVIDED FOR UNAUTHORIZED TRANSACTIONS MADE BEFORE YOU NOTIFY US THAT SUCH TRANSACTIONS WERE UNAUTHORIZED.

  1. Customer Service

For customer service or additional information regarding Toast Cash, please contact Toast at: https://toasttakeout.zendesk.com/hc/en-us/requests/new.

  1. Telephone Monitoring/Recording

You agree that we may monitor and record your telephone and electronic communications with us at any time, without further notice to you or any party to the communication.

  1. Governing Law and Other Miscellaneous Terms

This Agreement will be governed by and interpreted in accordance with federal law and, to the extent federal law does not apply, by the laws of the State of Utah. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Salt Lake City, Utah with respect to all controversies arising out of or in connection with the use of Toast Cash and this Agreement that are not subject to arbitration or to any proceedings to enforce the arbitration provision or to confirm or vacate an arbitration award.

  1. Amendment, Cancellation, and Assignment

We may amend or change the terms and conditions of this Agreement at any time, with or without notice to you, by posting the amended terms on our website, and any such amendment will be effective upon posting. Unless otherwise stated, any change, addition, or deletion will apply to your future and existing Toast Cash balances. Changes made for security reasons may be implemented without notice. Your use of any portion of Toast Cash constitutes your acceptance of the amended Agreement. Any waiver of our rights under this Agreement must be expressly made in writing. We may cancel, revoke, terminate, or suspend your use of Toast Cash or this Agreement at any time and for any reason in our sole discretion. We may assign any or all of our rights under this Agreement.

  1. ARBITRATION NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

  1. Arbitration of Claims. Except as expressly provided herein, any claim, dispute, or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present, or future), including initial claims, counter-claims, cross-claims, and third-party claims, arising from or relating to: (i) Toast Cash; (ii) any service relating to Toast Cash (including but not limited to a Gift Card); (iii) the marketing of Toast Cash; (iv) this Agreement, including the validity, enforceability, interpretation, scope, or application of this Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which will be for a court to decide); and (v) any other agreement or instrument relating to Toast Cash or any such service (“Claim”) shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration. Arbitration replaces the right to litigate a claim in court or to have a jury trial. The American Arbitration Association (“AAA”) will serve as the arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: online at https://adr.org or by writing to the AAA at American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR HEREIN.

  1. Other Claims Subject to Arbitration. In addition to Claims brought by either you, Toast, or the Bank, Claims made by or against Green Dot Corporation or by or against anyone connected with you or the Bank or claiming through you or the Bank (including an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) will be subject to mandatory arbitration as described above.

  2. Exceptions. The above mandatory arbitration does not apply to any individual Claim you bring in small claims court or an equivalent court so long as the Claim is pending only in that court. This arbitration provision also does not limit or constrain Toast’s or Bank’s right to interplead in the event of claims to Toast Cash funds by third-parties.

  3. Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing. However, the Bank, Toast, and their officers, directors, employees, agents, and affiliates are considered as one person.

  4. Arbitration Fees. If you initiate arbitration, Toast and/or the Bank (as applicable) will advance any arbitration fees, including any required deposit. If Toast or the Bank initiates arbitration, Toast or the Bank, as applicable. will pay the entire amount of the arbitration fees, including any required deposit. Toast or the Bank, as applicable, will also be responsible for payment and/or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

  5. Procedure. A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years’ experience or who is a former or retired judge. The arbitration will follow the AAA’s rules and procedures in effect on the date the arbitration is filed, except when there is a conflict or inconsistency between the AAA’s rules and procedures and this arbitration provision, in which case this arbitration provision will govern. Any in-person arbitration hearing for a Claim will take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and will honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable will apply to any arbitration proceeding. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator. Any appropriate court may enter judgment upon the arbitrator’s award. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the FAA.

This arbitration provision shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; or (iii) any transfer, sale or assignment of Toast Cash or the underlying Gift Card by Toast or the Bank, or any amounts owed in Toast Cash or the underlying Gift Card, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION PROVISION, DO NOT REDEEM OR USE YOUR TOAST CASH. SAVE YOUR RECEIPT AND CONTACT https://toasttakeout.zendesk.com/hc/en-us/requests/new TO REQUEST A REFUND OF YOUR GIFT CARD PURCHASE AND CANCEL THE UNDERLYING GIFT CARD.



Rev. 11/2024