Toast Websites – Free Trial Terms of Service

This Online Ordering Pro – Free Trial Terms of Service (this “Agreement”) is between you, a current Toast, Inc. (“Toast”) merchant customer (“Merchant,” “you,” or “your”) and Toast, and it governs your access to, evaluation of, and use of Toast’s Websites service (the “Service”) for the duration of the Trial Period (defined below). By accepting the terms and conditions of this Agreement or accessing or using the Service through the trial portal, you agree to be bound by the terms and conditions herein.

1. Trial Period and Termination. The duration of Merchant’s trial of the Service will be ninety (90) days (the “Trial Period”) beginning on the date on which Merchant accepts the terms of this Agreement (the “Agreement Effective Date”). Toast reserves the right to suspend, modify, or cancel this Agreement or access to the Service at any time in its sole discretion.
2. Pricing and Conversion to Paid Subscription. Merchant’s use of the Service will be free of charge during the Trial Period. aDuring the Trial Period, Merchants may be given the option to convert to a paid subscription of the Service at the then-current subscription fee or pricing terms and Merchant’s use of the Service shall then be governed by the terms of the Merchant Agreement in place between Merchant and Toast. For the avoidance of doubt, if Merchant does not convert to a paid subscription of the Service following the Trial Period, Merchant’s access to the Service will be terminated and any information provided, used, created, stored or shared during the course of the Trial Period (collectively, “Merchant Data”) will not be accessible to Merchant. Merchant acknowledges and agrees that Toast has no obligation to retain Merchant Data and that Toast will have the right to irretrievably delete and destroy Merchant Data following the termination of this Trial Period.
3. Limitation of Liability. DURING THE TRIAL PERIOD, THE SERVICE WILL BE PROVIDED TO MERCHANT “AS-IS,” WITHOUT ANY WARRANTY OF ANY KIND. TOAST SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR LIABILITY OF ANY TYPE, WITH RESPECT TO MERCHANT’S USE OF THE SERVICE DURING THE TRIAL PERIOD, UNLESS THE EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE TOAST’S LIABILITY SHALL NOT EXCEED $1,000.
4. Governing Law and Venue. Any action, claim, or dispute related to this Agreement will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts or choice of law provisions, and controlling U.S. federal law. The parties agree that the federal or state courts in the city of Boston, Massachusetts shall have exclusive authority to hear and determine any dispute between them. The Uniform Computer Information Transactions Act, and the United Nations Convention on the International Sale of Goods shall not apply to this Agreement. 
5. Entire Agreement. This Agreement, and, in the case of Merchant’s continued use of the Service after the Trial Period, the Merchant Agreement executed between Merchant and Toast, together with all exhibits, attachments, and addenda incorporated by reference herein and therein, represent the parties entire understanding relating to Merchant’s use of the Service and the subject matter hereof and thereof, and supersede any prior or contemporaneous, conflicting, or additional communications, whether written or verbal, and will control over any different or additional terms.