Toast Fundraising Terms of Service

Toast Fundraising Terms of Service

Last Updated: September 1, 2023 

These Terms of Service (the “Terms”) apply to all users of Toast Fundraising, including without limitation both Merchants and Guests. 

These Terms are a legal agreement between you as a user of Toast Fundraising (“you,” “your” or “Merchant” as applicable) and Toast, Inc. ("Toast," "we," “us” or “our”) and govern your access to and use of all Toast Fundraising programs, services, and features  (“Toast Fundraising” or the “Fundraising Services”), including without limitation features that enable guests to make donations in connection with their dining checks (“Donations”) for causes selected by Merchants (“Recipients”) (collectively, a “Campaign” or “Campaigns”). 

These Terms supplement the 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. 

BY USING TOAST FUNDRAISING, INCLUDING WITHOUT LIMITATION 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 AND/OR TOAST FUNDRAISING AT ANY TIME WITH OR WITHOUT NOTICE TO YOU, SUBJECT TO APPLICABLE LAW. BY CONTINUING TO USE TOAST FUNDRAISING AFTER ANY SUCH CHANGES BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE UPDATED TERMS.

If you are a Toast Merchant, the following terms apply to your use of Toast Fundraising:

1. General; Use of Toast Fundraising. In order to use Toast Fundraising to create Campaigns, you must be a current Merchant in good standing with Toast. Capitalized terms used but not defined herein shall be as defined in the Merchant Agreement. Toast Fundraising is only available on select Toast products and services, including without limitation Toast’s point-of-sale system and Online Ordering. Toast does not allow, and Merchant agrees not to select, organizations outside of the United States as Recipients. Toast reserves the right to remove or modify the list of participating Toast products and services at any time without notice. Donations collected via Toast Fundraising are subject to Merchant’s applicable credit card processing rates and in some cases additional fees from Toast’s integration partner(s). Please note that certain features of Toast Fundraising may be restricted and subject to availability. Toast reserves the right to prohibit the creation of, temporarily suspend, restrict the use of or terminate any Campaign, any feature and/or Toast Fundraising at any time and for any reason or no reason at all without notice. 

2. Selecting a Cause and Distributing Funds
   1. For each Campaign, you are solely responsible for choosing the Recipient. 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. Toast partners with Benevity to provide Merchants with a list of registered 501(c)(3) nonprofit organizations on whose behalf you may fundraise within Toast Fundraising (the “Benevity List”); however, Toast does not endorse any individual charitable cause and does not independently verify the tax-exempt status of any organization. If you choose a Recipient from the Benevity List, Benevity will supply the information that such nonprofit organization has provided for campaigns on its behalf. 
   2. If you choose a Recipient from the Benevity List, at the end each month, the funds you raise will be sent to the American Online Giving Foundation (“AOGF”), Benevity’s foundation partner, subject to any fees charged by Benevity and/or AOGF (“Fees”). Such Fees will be deducted from the Campaign amount distributed to the recipient charity. AOGF will also receive a corresponding recommendation as to the recipient charity based on the Recipient you selected from the Benevity List. In the event AOGF cannot grant the funds to the charity you selected (in its sole discretion), AOGF may select an alternate recipient charity of its choosing without notice to Toast, you or the Merchant. For avoidance of doubt, Toast does not control Benevity or AOGF or the actual disbursement of funds raised from a Campaign.
   3. If you choose a Recipient outside of the Benevity List, you are solely responsible for distributing the full amount of funds collected from the Campaign to such Recipient upon completion of the Campaign. You expressly agree to promptly distribute the full amount of funds collected to the Recipient upon completion of any Campaign. You agree to promptly provide information about your Campaign and such Recipients as requested by Toast from time to time, including but not limited to amounts collected and disbursed, Recipients selected by the Merchant, and the dates of collection and disbursement of the Donations. 

3. Consent of Recipient; Information Sharing
   1. You hereby acknowledge and agree that you have obtained consent from any Recipient to fundraise on such Recipient’s behalf using Toast Fundraising and that any information you provide for a Campaign or Recipient is true, accurate, and approved where such Recipient where required.  For the avoidance of doubt, you are solely responsible for complying with Applicable Law and Rules related to your Campaign and/or use of Toast Fundraising.
   2. Merchant agrees and acknowledges that Toast may create public or external content related to Merchant’s use of Toast Fundraising and may use any of Merchant’s Marks and information about Merchant’s use of Toast Fundraising, including without limitation Campaigns, funds raised, and Recipients. Such public-facing content may include without limitation customer case studies, marketing materials, press releases, or other publicity about the Toast Fundraising product.
   3. 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. Without limiting any of its rights, including those set forth in the preamble or Section 1, 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.

4. Representations. If you are a Merchant Employee using Toast Fundraising on behalf of a Toast Merchant, you represent to Toast that you have authority to bind that Merchant to these Terms and that the Merchant accepts these Terms.

If you are a Guest, the following terms apply to your use of Toast Fundraising:

1. Campaigns. Toast restaurant Merchants are solely responsible for selecting their charitable causes. Toast provides Merchants with tools to select from a list of registered 501(c)(3) nonprofit organizations on whose behalf to fundraise; however, Merchants may elect to fundraise for any cause of their choosing, and Toast does not independently verify any Toast Fundraising campaign or recipient cause, regardless of whether selected from the provided list or independently selected. If a Merchant elects to fundraise for a registered 501(c)(3) nonprofit, funds from the applicable campaign will be sent to the American Online Giving Foundation (“AOGF”), the fundraising partner of Benevity, at the end of month, subject to a 2.9% fee charged and retained by Benevity. AOGF receives donations and disburses those donations in the form of grants to charitable causes. In the event AOGF cannot grant the funds to the charity recommended by the applicable Merchant, AOGF may select an alternate recipient charity without notice to you, the Merchant, or Toast. For avoidance of doubt, Toast does not control Benevity or AOGF or the actual disbursement of funds raised from a Campaign.

2. Making a Donation; Refunds. You may participate in a restaurant’s Campaign by selecting the option to make a Donation during the checkout process via the applicable Toast product or service. If you choose to make a Donation, your order total at the applicable restaurant will include the Donation amount, which will be shown on your receipt. Any Donation you make is non-refundable. In the event that a Payment Transaction or a portion thereof is later reversed, the Donation amount of the transaction will not be included in the refund provided. As a Guest, any Donation you make using Toast Fundraising will be subject to the restaurant’s standard credit card processing rates.

Terms that apply generally to all users of Toast Fundraising including but not limited to Merchants and Guests:

1. Causes. Merchants, and not Toast, are solely responsible for selecting their Recipient causes. Toast does not condone any organization that engages in, supports, encourages, or promotes intolerance, hate, terrorism, violence, money laundering, or other illegal activities.

2. Taxes. As a Guest, any Donation you make using Toast Fundraising may not be tax deductible. Please consult your own tax advisor for advice specific to your circumstances. Toast does not provide any tax advice, documentation, or reporting regarding Campaigns or Donations made to Campaigns. Merchants are solely responsible for assessing, collecting, reporting, and/or remitting any taxes, duties or other charges or assessments applicable to Donations or their use of Toast Fundraising. As a Merchant, before you create a Campaign, you should consult your own tax, financial, legal or other advisor as appropriate. 

3. Featured Charities. From time to time, Toast may choose to promote certain charitable causes. Toast may make additional giving opportunities available with such featured causes and may elect to conduct gift matching for contributions made through programs or products Toast offers, including without limitation in partnership or sponsorship with third parties. Specific program details and applicable terms and conditions related to such featured charity programs will be provided.

4. Indemnification. You agree to indemnify, defend and hold harmless Toast and its affiliates and each of its and their officers, directors, employees, agents, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to (i) your use of or activities related to Toast Fundraising; (ii) your violation of Applicable Law and Rules, or (iii) your breach of these Terms.

5. LIMITATIONS OF LIABILITY
   1. TOAST DISCLAIMS ALL LIABILITY AND RESPONSIBILITY RELATING TO TOAST FUNDRAISING INCLUDING BUT NOT LIMITED TO 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 OR ANY THIRD PARTY IN THAT CAMPAIGN NOR THAT FUNDS WILL BE DISBURSED TO THE RECIPIENT IDENTIFIED IN CONNECTION WITH A GIVEN CAMPAIGN. TOAST EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY TOWARD ANY GUEST WHO CONTRIBUTES TO A CAMPAIGN.
   2. MERCHANTS ACCEPT ALL RISK ASSOCIATED WITH CAMPAIGNS, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LEGAL OBLIGATION ARISING FROM THE 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. IF THE MERCHANT ELECTS TO FUNDRAISE ON BEHALF OF A CAUSE OUTSIDE OF THE BENEVITY LIST, MERCHANT BEARS ANY AND ALL RESPONSIBILITY FOR PROVIDING FUNDS RAISED AS PART OF A CAMPAIGN TO THE CAUSE SELECTED BY MERCHANT TO BENEFIT.
   3. CONTRIBUTIONS TO TOAST FUNDRAISING BY GUESTS ARE ENTIRELY VOLUNTARILY. GUESTS BEAR ALL RESPONSIBILITY FOR DETERMINING THE PURPOSE OF A CAMPAIGN AND CHOOSING WHETHER OR NOT TO MAKE A CONTRIBUTION. IF FUNDS RAISED AS PART OF A CAMPAIGN ARE NOT DISTRIBUTED TO THE RECIPIENT, THE GUEST’S SOLE AND EXCLUSIVE REMEDY LIES WITH THE MERCHANT. TOAST IS NOT OBLIGATED TO MONITOR CAMPAIGNS FOR ANY REASON, INCLUDING WITHOUT LIMITATION TO DETERMINE WHETHER MERCHANT DISTRIBUTES DONATIONS TO RECIPIENTS.
   4. IN NO EVENT WILL TOAST BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF TOAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW TOAST’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100).