Effective: March 25, 2021
The following Toast for Good Terms of Service (“Terms” or “Terms of Service”) are a legal agreement between you (“you” or “your”) and Toast, Inc. ("Toast," "we," “us” or “our”) and govern your access to and use of our services, which include any websites, applications, digital ordering features, or any other ways Toast allows you to engage with us directly or through a Merchant that uses Toast (collectively, part of the “Services”). These Terms supplement the Toast Merchant Agreement, Guest Terms of Service, and any other legal agreements between you and Toast. In the event of conflict between these Terms and any other legal agreement between you and Toast, these Terms shall govern. Our Services governed by these Terms include all Toast for Good programs or features, including but not limited to the round up feature, as may be made available to Merchants and/or Guests. Capitalized terms used but not defined herein shall be as defined in the Merchant Agreement.
Toast for Good is a service offered by Toast to Merchants to create campaigns, as applicable, to raise money for Merchants or other organizations or causes in need (“Campaigns”), and/or to allow Guests to contribute funds to such Campaigns. All Campaigns must comply with these Terms. Toast may restrict or end any Campaign or place limitations on the creation of new Campaigns that do not comply with these Terms, at any time in its sole discretion.
By creating a Campaign as a Merchant, and/or contributing to a Campaign as a Guest, you expressly acknowledge and agree to these Terms. Toast may modify, update, suspend, or cancel these Terms at any time, subject to applicable law. By continuing to use Toast for Good after any such changes become effective, you agree to be bound by the updated Terms.
Creating a Campaign
Merchants may create one active Campaign at any time. In order to participate, Merchant must be a Toast customer in good standing, and must be enrolled in the Online Ordering module throughout the period that a Campaign is active. Toast reserves the right to disable, end, or prohibit the creation of a Campaign at any time if Merchant does not meet these eligibility criteria.
Each Merchant chooses a cause to benefit from a Campaign. By creating a Campaign, you expressly agree that you will promptly contribute the full amount of money raised through the Campaign to the cause you designate to benefit from the Campaign. You agree to provide information about your chosen campaign as requested by Toast. You further agree that the information you provide is accurate and is provided with the consent of the chosen cause, where required by Applicable Law. You may not provide information that is inaccurate, false or misleading, information that is harmful or invasive of another person’s right to privacy, violates another person or entity’s intellectual property or proprietary rights, or violates any other laws. Toast reserves the right to disable, end or prohibit the creation of any Campaign that violates any of the above restrictions or which Toast finds is otherwise harmful or unlawful. All information you provide will be subject to Toast’s Privacy Statement.
Guests may choose to participate in a Campaign by selecting the option to round up during a Purchase. If a Guest chooses to participate, their purchase will be rounded up to the next whole dollar. The new total amount will be shown prior to the completion of the Payment Transaction and on the Guest’s receipt. In the event that a Payment Transaction or a portion thereof is later reversed, the round up portion of the transaction may not be included in the refund provided.
Toast does not allow, and Merchant agrees not to select, foreign domiciled charitable organizations as causes to benefit from Campaigns. Toast encourages restaurants to choose public charitable organizations that are registered and in good standing with the Internal Revenue Service (IRS) as 501(c)3 organizations. However, Toast does not verify the tax-exempt status of any organization. Toast does not endorse any individual charitable cause selected by a restaurant. Toast does not condone any organization that engages in, supports, encourages, or promotes intolerance, hate, terrorism, violence, money laundering, or other illegal activities.
Contributions or gifts made as part of the Toast for Good program are not generally tax deductible as charitable contributions for federal income tax purposes. Toast does not provide any tax advice regarding Campaigns or contributions made to Campaigns.
Merchants who choose to create a Campaign, along with the cause they choose to support, are solely responsible for assessing, collecting, reporting, and/or remitting any taxes, duties or other charges or assessments applicable to funds raised by a Campaign. Before you create a Campaign, you should consult your own tax, financial, legal or other advisor as appropriate.
Toast is not a charity and does not hold funds on behalf of Merchants or Guests for the purpose of completing charitable contributions. Funds collected as part of a Campaign are remitted to Merchants’ designated bank account and are not segregated from other funds received by Merchant in the course of your use of Toast Services. Merchants are solely responsible for collecting funds and donating those funds on their own behalf. Guests who choose to contribute to a restaurant’s campaign may not be eligible for any tax benefits as a result of their gift. Amounts contributed via the round up feature will also be subject to the restaurant’s standard credit card processing fee.
From time to time, Toast may, through its philanthropic arm Toast.org, partner with 501(c)3 public charitable organizations that align with Toast’s mission to enrich the food experience for all. Toast may make additional giving opportunities available with such featured partners and may at time conduct gift matching for contributions made through programs or products Toast offers. Specific program details, terms, and conditions related to such featured charity programs will be disclosed at the time of transaction.
Limitation on Liability
Toast disclaims all liability and responsibility for the success of Campaigns, and does not guarantee the outcome of any Campaign. Toast does not guarantee that funds raised through a Campaign will be used as described by Merchant in that Campaign. Toast expressly disclaims any and all liability toward any Guest who contributes to a Campaign.
Merchants accept all risk associated with Campaigns, including but not limited to any liability or legal obligation arising from your creation, use, or promotion of a Campaign, including but not limited to federal or state fundraising or charitable solicitation laws. Merchant acknowledges that creation of a Campaign does not guarantee the success of that Campaign. Merchant bears any and all responsibility for providing funds raised as part of a Campaign to the cause selected by Merchant to benefit.
Guests bear all responsibility for determining the purpose of a Campaign and choosing whether or not to contribute to a Campaign presented as part of a Purchase or Payment Transaction. If funds raised as part of a Campaign are not provided to the chosen cause, the Guest’s sole and exclusive remedy lies with the Merchant. Toast is not obligated to monitor Campaigns to determine whether Merchant distributes funds to causes in accordance with their stated purpose.