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Toast Capital Terms of Service



Last Updated: November 1, 2019


1.           General.

These Terms of Service (these “Terms” or this “Agreement”) form a binding agreement between you and Toast Capital, LLC (“Toast Capital”, “we”, “us”, “our”, and “ours”), and govern your use of the services that Toast Capital provides, including, without limitation, the Internet-based business platform via which Toast Capital may offer financial and other types of products or services, the related Toast Capital Application Program Interfaces (“APIs”), Documentation, and technical support that may be made available by Toast Capital to you in connection with such platform, and subsequent updates or upgrades of any of the foregoing made generally available by Toast Capital (collectively, the “Services”).  “Documentation”, as used in these Terms, means the printed and digital instructions, online help files, technical documentation and user manuals made available by or on behalf of Toast Capital for the Services. For the avoidance of doubt, these Terms do not govern any products or services that you may obtain or use, provided by Toast, Inc., nor do they cover any website except for those websites relating to the Services. Such products, services, and websites are governed by the Toast, Inc. Terms of Service. 

Except as otherwise set forth in this paragraph, in this Agreement, “you,” “your” and “Customer” will refer to you. If you are using the Services on behalf of an entity or other organization, you are agreeing to these Terms for that entity or organization and representing to Toast Capital that you have the authority to bind that entity or organization to these Terms, in which case, the terms “you”, “your” and “Customer” will refer to that entity or organization. The exception to this is if that organization has a separate contract with Toast Capital covering one or more accounts and use of the Services, in which case that contract will govern the Services with respect to those accounts only.  

PLEASE REVIEW THESE TERMS CAREFULLY. By using any of the Services, you agree to these Terms. If you do not agree to be bound by these Terms, you should not use the Services. 

Some of the features of the Services may be subject to additional terms and conditions, which are posted or made available separately from these Terms (“Additional Terms”).  Your use of the Services may also be subject to additional policies, guidelines or rules we also post or make available.  Such Additional Terms policies, guidelines and rules are incorporated and form a part of these Terms.  If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control unless stated otherwise.

IMPORTANT NOTES:

TOAST CAPITAL DOES NOT PROVIDE WARRANTIES OR INDEMNITIES FOR THE SERVICES, AND THESE TERMS LIMIT THE LIABILITY OF TOAST CAPITAL, ITS PARENT, AND EACH OFFICER, EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE FOREGOING.

DISPUTES RELATING TO THIS AGREEMENT, YOUR ACCOUNT OR THE SERVICES MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY.

More information about these provisions is contained in these Terms below.

2.           Changes.

Toast Capital may revise these Terms from time to time. If Toast Capital does revise these Terms, the applicable revised terms will supersede prior versions and will become the “Terms” for the purpose of this Agreement. Unless Toast Capital says otherwise, revisions will be effective upon the effective date indicated at the top of the applicable revised Terms. If required by law, Toast Capital will provide you advance notice of any material revisions. This notice will be provided either via your Account portal, via an email to the email address Toast Capital has for you on file, or by posting on Toast Capital’s website. For other revisions, Toast Capital will update the effective date of the Terms at the top of the page. Toast Capital encourages you to check the effective date of the Terms whenever you visit Toast Capital’s website or your Account portal.  Your continued access or use of the Services constitutes your acceptance of any revisions. If you don’t agree to the revisions, you should stop using the Services and Toast Capital is not obligated to provide you with the Services.

You acknowledge that Toast Capital may change, deprecate or republish any Toast Capital APIs for any Services or feature of the Services from time to time, and that it is your responsibility to ensure that calls or requests you make to the Services are compatible with then-current Toast Capital APIs for the Services. Although Toast Capital endeavors to avoid changes to the Toast Capital APIs or Services that are not backwards compatible, if any such changes become necessary Toast Capital will endeavor to notify you at least 30 days prior to Toast Capital’s implementation of any such incompatible changes to the Toast Capital Service of which it becomes aware, to the extent required by law.

3.           Account Registration; Other Customer Responsibilities. 

To use the Services, you may be asked to create an account or use an existing account with Toast, Inc. (your “Account”). Until you have an Account, your access to the Services will be limited to what is available to the general public. When registering an Account, you must provide true, accurate, current and complete information about yourself as requested during the Account creation process. You must also keep that information true, accurate, current and complete after you create your Account, and promptly update Toast Capital with any changes. 

You will: (a) be solely responsible for all use of the Services and Documentation under your Account (whether or not authorized), (b) be solely responsible for the accuracy, quality, integrity and legality of any information, documentation, or other materials that you provide to Toast Capital in connection with the Services, (c) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and Documentation and notify Toast Capital promptly of any such unauthorized access or use and (d) be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including as set forth in the Documentation.  You will be solely responsible for your failure to maintain such equipment, software and services, or to use the current version of the APIs (an interface that allows software programs to interact with Toast software) made available by Toast Capital or, if you choose to use any of the SDKs (a set of tools that can be used to develop software applications targeting the Toast platform) made separately available by Toast Capital, the current version of such SDKs, and Toast Capital will have no liability for such failure.  With your permission (which may be by email or other reasonable means), Toast Capital may log into user Accounts in order to debug the Services.

Toast Capital reserves the right to change the Account type, suspend or terminate your Account or the access to the Services of anyone who provides inaccurate, untrue, or incomplete information in connection with your use of the Services, who fails to comply with this Agreement, or fails to comply with any other agreement in connection with the Services, or any other reason within our discretion.

4.           Restrictions. 

You may not, nor may you permit any third party, directly or indirectly to:

(a)           Export the Services, which may be subject to export restrictions imposed by law, including US Export Administration Regulations (15 C.F.R. Chapter VII).

(b)           Engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities.

(c)           Access or monitor any material or information on any Toast Capital system using any manual process or robot, spider, scraper, or other automated means.

(d)           Except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;

(e)           Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure.

(f)           Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Toast Capital.

(g)           Use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement.

(h)           Transfer any rights granted to you under these Terms.

(i)           Use the Services in a way that distracts or prevents you from obeying traffic or safety laws.

(j)           Use the Services for any illegal activity or goods or in any way that exposes you, other Toast Capital users, our partners, or Toast Capital to harm; or

(k)           Otherwise use the Services except as expressly allowed under these Terms.

For the purposes of this Agreement, the foregoing restrictions shall be referred to as the “Restrictions”. If we reasonably suspect that you have used the Services for unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement.

5.           Proprietary Rights and Confidentiality.

As between you and us, Toast Capital exclusively owns all right, title and interest in and to the Services.  Except for the express rights granted hereunder, Toast Capital reserves all rights, title and interests in and to the Services and Toast Capital’s Confidential Information.  For the purposes of this Agreement, “Confidential Information” means any information or data disclosed by Toast Capital that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential in light of the nature of the information and the circumstances surrounding disclosure.  However, “Confidential Information” will not include any information which (a) is in the public domain through no fault of you; (b) was properly known to you, without restriction, prior to disclosure by the us; (c) was properly disclosed to you, without restriction, by another person with the legal authority to do so; or (d) is independently developed by you without use of or reference to the our Confidential Information.

You agree to use our Confidential Information solely in accordance with the provisions of this Agreement and will not disclose, or permit to be disclosed, the same, directly or indirectly, to any third party without our prior written consent, except as otherwise permitted hereunder.  However, you may disclose Confidential Information (a) to your employees, officers, directors, attorneys, auditors, financial advisors and other representatives who have a need to know and are legally bound to keep such information confidential by confidentiality obligations consistent with those of this Agreement; and (b) as required by law, in which case you will provide us with prior written notification thereof, will provide us with the opportunity to contest such disclosure, and you will use reasonable efforts to minimize such disclosure to the extent permitted by applicable law.  You agree to exercise due care in protecting our Confidential Information from unauthorized use and disclosure.  In the event of actual or threatened breach of the provisions of this Section or the Restrictions, we are entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to us.  You will promptly notify us in writing if you become aware of any violations of your confidentiality obligations set forth in this Agreement.

You may from time to time provide Toast Capital suggestions or comments for enhancements or improvements, new features or functionality or other feedback (“Feedback”) with respect to the Services.  Toast Capital will have full discretion to determine whether or not to proceed with the development of any requested enhancements, new features or functionality.  Toast Capital will have the full, unencumbered right, without any obligation to compensate or reimburse you, to use, incorporate and otherwise fully exercise and exploit Feedback in connection with its products and services.

Notwithstanding anything to the contrary, Toast Capital will have the right to aggregate, collect and analyze data and other information relating to the provision, use and performance of the Services and will be free (during and after the term hereof) to (a) use such data and other information to develop and improve the Services and other Toast Capital offerings, and (b) disclose such data and other information solely in an aggregated and anonymized format that does not identify you or any individual.

6.           Grant of License.        

Toast Capital hereby grants you a limited, non-transferable, non-sublicensable, non-exclusive license during the term of this Agreement to display the trade names, trademarks, service marks, logos, domain names of Toast Capital (each, a “Toast Capital Mark”) for the limited purpose of promoting or advertising that you use the Services. In using Toast Capital Marks, you may not: (a) display a Toast Capital Mark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Toast Capital; (b) use Toast Capital Marks to disparage Toast Capital or its products or services including, without limitation, the Services; or (c) display a Toast Capital Mark on a site that violates any law or regulation. Further, Toast Capital may modify any Toast Capital Mark at any time, and upon notice, you will use only the updated Toast Capital Marks. Other than as permitted in this Section, you may not use any Toast Capital Marks without prior written consent of Toast Capital.  All use of the Toast Capital Marks will be subject to any trademark usage guidelines that Toast Capital may provide from time to time, and you will conduct your business in a professional manner that reflects favorably on the goodwill and reputation of Toast Capital.

Toast Capital hereby further grants you limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software that is part of the Services, solely to the extent authorized, and in accordance with, these Terms. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.  

7.           Warranties and Disclaimers.

THE SERVICES, INCLUDING ANY BETA SERVICES (AS DEFINED BELOW), ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. TOAST CAPITAL HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE SERVICES AND BETA SERVICES.  WITHOUT LIMITING THE FOREGOING, TOAST CAPITAL DOES NOT WARRANT THAT THE SERVICES OR BETA SERVICES WILL BE ERROR-FREE OR THAT THEY WILL MEET ANY SPECIFIED SERVICE LEVEL OR WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME. TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER THAT LAW.

FROM TIME TO TIME, YOU MAY HAVE THE OPTION TO PARTICIPATE IN A PROGRAM WITH TOAST CAPITAL WHERE YOU GET TO USE ALPHA OR BETA SERVICES, PRODUCTS, FEATURES OR DOCUMENTATION (COLLECTIVELY, “BETA SERVICES”) OFFERED BY TOAST CAPITAL. THESE BETA SERVICES ARE NOT GENERALLY AVAILABLE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS.  YOU OR TOAST CAPITAL MAY TERMINATE YOUR ACCESS TO THE BETA SERVICES AT ANY TIME.

8.           Indemnification.

You will defend, indemnify and hold harmless Toast Capital, its parent, affiliates, business partners, including but not limited to the lender of any financial product offered through the Services, third-party service providers, and any of the respective officers, directors, employees, representatives, or agents of any of the foregoing parties (each, an “Indemnified Party”), against any actual or threatened claim from a third party, loss, liability, proceeding, governmental investigation or enforcement action arising out of or relating to your activities under these Terms or your acts or omissions in connection with the Services (“Claim”), including any violation of this agreement or applicable law.  Toast Capital will cooperate as fully as reasonably required in the defense of any Claim, at your expense. Toast Capital and each Indemnified Party reserves the right, at your expense, to retain separate counsel for itself in connection with any Claim or, if you have not responded reasonably to the applicable Claim, to assume the exclusive defense and control of any Claim in which you are a named party and that is otherwise subject to indemnification under this Section. You will pay all costs, reasonable attorneys’ fees and any settlement amounts or damages awarded against an Indemnified Party in connection with any Claim. You will also be liable to Toast Capital or any applicable Indemnified Party for any costs and attorneys’ fees Toast Capital incurs to successfully establish or enforce its right to indemnification under this Section.

9.           Limitation of Liability.

You agree that your use of the Services is at your own risk. Neither Toast Capital, nor any third party involved in creating, producing or delivering the Services, has or will have any responsibility for any consequences relating, directly or indirectly, to any action or inaction that you may take based on the Services, or any aspect thereof.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TOAST CAPITAL, ITS PARENT, AFFILIATES, BUSINESS PARTNERS, INCLUDING BUT NOT LIMITED TO THE LENDER OF ANY FINANCIAL PRODUCT OFFERED THROUGH THE SERVICES, NOR THIRD-PARTY SERVICE PROVIDERS, NOR ANY OF THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING PARTIES, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF, OR INABILITY TO USE, THE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR OTHER SERVICES OBTAINED THROUGH ITS USE OF THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, FEDERAL OR STATE SECURITIES LAWS, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BANK OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, DAMAGES, LOSSES OR EXPENSES. NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.

10.           Termination and Suspension.

We may terminate these Terms or any Additional Terms or suspend or terminate your Account or your access to any Service, at any time for any reason. We may add, remove, suspend, stop, delete, discontinue, or impose conditions on Services or any aspect of a Service. Toast Capital may terminate or suspend your Account in the event you commit any material breach of any provision of these Terms and fail to fix that breach within five days after written notice of that breach.  Toast Capital may also terminate or suspend your Account immediately for cause if: (a) there is reason to believe the traffic created from your use of the Services or your use of the Services is fraudulent or negatively impacting the operating capability of Services; (b) Toast Capital determines, in its sole discretion, that providing the Services is prohibited by law, it has become impractical or unfeasible for any legal or regulatory reason to provide the Services, or that termination or suspension is appropriate in its business judgment; (c) to the extent otherwise provided in this agreement; and (d) subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets or change of control, a failure to continue business, assignment for the benefit of creditors, or if you become the subject of bankruptcy or similar proceeding. If Toast Capital suspends your Account, Toast Capital will make a reasonable attempt to notify you if required by law.  Note that no refund will be provided in the event of any suspension or termination of your Account.

If this Agreement terminates, all rights and obligations hereunder, including, without limitation, any grant of license, will immediately terminate, except that any terms or conditions that by their nature should survive such termination will survive, including, without limitation, any conditions relating to proprietary rights and confidentiality, disclaimers, indemnification, limitations of liability, termination and the general provisions below.

11.           Third-Party Services and Links.

You may be offered services, products and promotions provided by third parties and not by Toast Capital (“Third-Party Services”). If you decide to use Third-Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third-Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third-Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not Toast Capital. The Services may contain links to third-party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Toast Capital except to the extent that Toast Capital expressly states otherwise. Such third-party websites are not governed by these Terms. You access any such website at your own risk. We expressly disclaim any liability for these websites. Your browsing and interaction on a third-party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies, including any privacy policy.

12.           Export Controls.  

The Services, including, without limitation, any software Toast Capital may provide in connection with the Services, may be subject to applicable export control laws and economic sanctions regulations. In receiving the Services, you agree to comply strictly with all domestic and international export laws and economic sanctions regulations as they apply to the Services, and to the extent consistent with these Terms, to obtain any necessary license or other authorization to export, re-export, or transfer software or other aspects of the Services. These laws include restrictions on destinations, users and end use. Without limitation, you may not transfer any such software or other aspect of the Toast Capital Service without U.S. government authorization to any entity on a U.S. government exclusion list (e.g., the Department of Commerce’s List of Denied Persons, Entity, or Unverified List, and the Treasury Department’s List of Specially Designated Nationals and Consolidated Sanctions List). You represent that you are not on a U.S. government exclusion list or under the control of or an agent for any entity on such a list, and you further warrant that you will immediately discontinue use of Toast Capital’s software and the Toast Capital Service if you become placed on any such list or under the control of or an agent for any entity placed on such a list.

13.           Publicity.  

Unless you expressly notify Toast Capital in writing otherwise, you agree that Toast Capital may refer to your name and trademarks, or any testimonials that you provide to Toast Capital, in Toast Capital’s marketing materials and on its website as a user of the Services; however, Toast Capital will not use your name or trademarks in any other publicity. 

14.           Assignment; Delegation.  

You may not assign or otherwise transfer this Agreement, in whole or in part, without our prior written consent.  We may assign or otherwise transfer this Agreement, in whole or in part, without your prior written consent.  In addition, you agree that Toast Capital may have any of its obligations performed through an affiliate of Toast Capital, provided that Toast Capital will remain responsible for its obligations hereunder and will be liable for such affiliate’s performance hereunder as if it were Toast Capital hereunder.  Any attempted assignment, delegation, or transfer by either party in violation of this Section will be null and void.  These terms will be binding on the parties and their successors and permitted assigns.

15.           Governing Law; Enforceability.  

The enforceability and interpretation of the arbitration provisions below will be determined by the Federal Arbitration Act (including its procedural provisions). Apart from such arbitration provisions, this Agreement will be governed by the laws of the Commonwealth of Massachusetts, USA, exclusive of its rules governing choice of law and conflict of laws, and all disputes arising out of the Agreement will be subject to the exclusive jurisdiction and venue of the state and federal collocated in Boston, Massachusetts, and both you and Toast Capital hereby consent to the personal jurisdiction of these courts.  This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Our failure to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision in that or any other instance.  If a court of competent jurisdiction determines that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement will remain in full force and effect and bind the parties according to its terms.

16.           Agreement to Arbitrate.

If you have any issues with the Services or Toast Capital, you must try to resolve the issue first through Toast Capital customer support.

If you and Toast Capital are not able to resolve the issue through Toast Capital customer support, all disputes arising under these Terms, or in relation to the Services, shall be resolved by binding arbitration in Boston, Massachusetts, unless otherwise mutually agreed to in writing.  This applies to all claims under any legal theory, unless the claim fits in one the exceptions below. It also applies even after you have stopped using the Services or your Toast Capital Account. If the applicable dispute concerns whether this agreement to arbitrate can be enforced or applies to such dispute, the arbitrator will decide that too.

Disputes relating to (a) intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents) or (b) your violation of any term of this Agreement shall be settled in court and not by arbitration.  Also, either party can bring a claim in small claims court in Boston, Massachusetts or some other place both parties agree on, if it qualifies to be brought in that court. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. Either you or we may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

Prior to filing any arbitration, you and Toast Capital jointly agree to seek to resolve any dispute by mediation conducted by the American Arbitration Association (“AAA”), with all mediator fees and expenses paid equally by you and Toast Capital. If mediation is not successful, either party may initiate an arbitration proceeding with AAA. You can look at AAA’s rules and procedures on their website http://www.adr.org or you can call them at 1-800-778-7879.  The arbitration will be governed by the then-current version of AAA’s Commercial Arbitration Rules (the "Rules") and will be held with a single arbitrator appointed in accordance with the Rules. To the extent anything described in this agreement to arbitrate conflicts with the Rules, the language of this agreement to arbitrate applies. 

Each party will be entitled to get a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This agreement to arbitrate does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party.

The arbitrator’s award will be based on the evidence admitted and the substantive law of the Commonwealth of Massachusetts and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify these Terms.

Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction.

Any action or proceeding by you relating to any dispute must commence within one year after the cause of action accrues.

CLASS ACTION WAIVER: Any claims or controversies arising out of or related to this Agreement must be brought on an individual basis only. That means that you cannot bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action before any court or in any other proceeding. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless both parties agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Toast Capital customers, and cannot be used to decide other disputes with other customers.  If a court decides that this class action waiver is not enforceable or valid, then the entire agreement to arbitrate will be null and void, but the rest of the Terms will still apply.

QUESTIONS?

If you have any questions about these Terms, please contact us at:

Toast Capital, 401 Park Drive, Suite 801 Boston, MA 02115, Attn. Legal Department.

Or, you may call us at (617) 209-3198.