Terms of Service

Service

Toasty Inc offers a software-as-a-service solution for commercial use, delivered via a cloud-based platform that enables audience interaction at an offline or online event. The service is provided through Toasty’s own proprietary software, and software, systems and networks owned or licensed by Toasty.

The service can be accessed on an electronic device via a web browser at https://toasty.ai.

Levels of service vary according to the plan chosen by the customer. A free plan is available, however other plans require agreement to payment terms and the payment of service fees.

The level of service can be chosen and changed by the customer after agreeing to these Terms of Service and creating an account with their email address and password to start using the Toasty service.

An individual who agrees to these Terms of Service and creates an account to access the Toasty service does so on behalf of the organization they represent, and is an authorized representative of that organization and responsible for that organization’s agreement and adherence to these terms. Toasty’s service is for professional use only and as such the organization represented by the account holder shall be considered Toasty’s Customer.

The Toasty service enables a Customer to invite participants to interact in the context of an event via the Toasty platform. To start using the service, a participant does not need to create an account with Toasty and the service is delivered to them free of charge on behalf of the Customer.

Toasty endeavors to make its service available at all times, but there may be occasional times when the service is unavailable for scheduled or unscheduled maintenance. Toasty will send communication regarding its service or Customer account via email to the Customer’s provided email address  

Customer data

The Toasty service enables the recording and storage, creation, collection and transmission of data. This data may be provided directly by the Customer of provided to the Customer by participant users.

The Customer owns and retains ownership of this Customer Data

Customer Data shared by the Customer to their participants, or created and provided by the participants is considered public data, however this and all other Customer Data is shared by the Toasty platform only to: • The Customer • The Customer’s participants • Toasty staff and third-party service with which the Toasty service is delivered

The Customer grants Toasty a worldwide, free-of-charge, non-exclusive license to collect, access, store, process, use, duplicate, disclose and display Customer Data for these purposes: • As needed to provide the Toasty service and enforce these Terms of Service, including to provide support or prevent technical issues. • As expressly permitted by the Customer. • As required by any applicable law. • As needed to protect Toasty or its Customers from any harm.

Toasty’s use of Customer Data is governed by its Privacy Policy.

Customer Data is protected by Toasty with industry standard storage, processing and handling policies and technologies. Toasty will endeavor to protect Toasty and its Customers from unauthorized access, use or modification or Customer Data including in its use of third-party services. However, the Customer is solely responsible for adequate security, protection and backup of Customer Data.  

Restrictions and limitations on use

The Customer is responsible for all activities and use of the Toasty service within their account.

The Customer may not share, provide or sell their account access details to any unauthorized third-party. If the Customer suspects their exclusive account access has been compromised they must notify Toasty as soon as possible. The Customer must not use their exclusive account to access the Toasty service and should not access Toasty with multiple accounts except as directed by Toasty.

The Customer and its participants must not use the Toasty service in any way that does not adhere to any relevant law or regulation.

The Customer and its participants must not use the Toasty service in any way that may damage Toasty or its Customers, or jeopardize the reliable delivery of the Toasty service via the Toasty platform and any third-party services required to deliver it, including undermining Toasty’s security systems or attempting to probe, scan or test vulnerability.

The Customer must not collect sensitive data from its participants using the Toasty platform, including: • Any form or partial form of Identification including passport number, Social Security number, driver’s licence number, and similar. • Any financial account number. • Any credit card information or any other payment method information. • Any password, security PIN, and similar. • Medical information

The Customer must ensure that all Customer Data adheres to these Terms and any applicable laws or regulations. In addition, the Customer must ensure that Customer Data: • Does not contain advertising or solicitation • Is not objectionable according to professional standards, including ensuring it is not discriminatory, hateful, inciting violence, lewd or sexually explicit or violent.

The Customer must inform Toasty immediately if they suspect or are informed that Customer Data has been created that breaches these Terms of Service.


Fees and payment

The Customer agrees to pay the specified Fee to access the Toasty service according to their chosen service plan, however a different Fee may be agreed between Toasty and the Customer.

Toasty reserves the right to change its pricing fees at any time

Toasty accepts payment made through an online payment gateway, for example by credit card. Toasty does not accept cheques, bank transfer or any other payment method unless agreed upon between Toasty and the Customer

Toasty reserves the right to terminate the service in the event that the Customer does not pay the agreed fee. In most cases, Toasty will revert the Customers service plan level to the free plan if available.

Toasty provides invoices for payment via email.

Payment is provided to Toasty via a third-party service and as such, Toasty does not store any payment information including Credit Card details.  

Disclaimers

The Toasty service is provided on an “as is” basis.

Toasty does not assert or guarantee the accuracy of any data available to the Customer.

Due to the nature of the service, the Toasty service acts as a conduit that enables collaboration between the Customer and its participants. Toasty does not moderate, modify, improve or guarantee this collaboration or the data created as a result of this collaboration in any way. All Customer Data should not be considered to have originated from, been endorsed by or be the opinion of Toasty.

Toasty endeavors to create and maintain a service that is secure, free from errors and works well on all modern devices and web browsers, however Toasty does not guarantee this.

Except for the obligations and warranties set out in these Terms, Toasty excludes and Customers waive all other representations, conditions, terms, guarantees and warranties, express, implied or collateral, arising by operation of law or otherwise, including but not limited to implied warranties, terms or conditions of satisfactory quality or fitness for a particular purpose or conformance to description or sample, except to the extent such representations, conditions, terms, guarantees or warranties may not be excluded by law. To the extent that they cannot be excluded, the liability of Toasty for any breach is limited, at the Customer’s discretion, to: • Supplying the Service again • Refunding the Customer for the Fees paid.

Toasty shall not be liable to Customer for any indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to damages for lost profits, contracts, revenues, savings, income, business, use, data (including Customer Data), and/or goodwill arising out of or in connection with these Terms, however caused (including through negligence) and regardless of whether the Customer has been informed of the possibility or likelihood of such damages arising.