Toast Hemp & CBD Products Policy

Last updated September 10, 2025

By using the Services, you, as a Merchant, agree to the rules and restrictions as outlined in this Toast Hemp & CBD Products Policy (the “Hemp Policy”), and agree to be bound by all applicable terms, policies, agreements and guidelines, including without limitation the Toast Merchant Agreement (the “Merchant Agreement”), Payment Processing Terms, and Privacy Statement (collectively, the “Terms”). 

Capitalized terms used but not defined herein shall have the meaning set forth in the Merchant Agreement. Toast may modify this Hemp Policy at any time without notice, and by continuing to use the Services, you agree to such modifications.      

You may use the Toast Services to sell products containing hemp-derived cannabidiol (“CBD”), tetrahydrocannabinol (“THC”), or other derivatives or byproducts of hemp (collectively, “Hemp Products”) only if:

For clarity, you may not use the Services to sell the following types of Hemp Products:

You further understand and acknowledge that by selling Hemp Products, you may be restricted from using certain Toast products and/or services. Such restrictions include the following, without limitation: 

Violation of any provision of this Hemp Policy or any other policies or Terms issued by Toast may result in action against you, including but not limited to the immediate suspension or termination of the Merchant Agreement and access to the Services. Toast reserves the right to monitor your use of the Services to ensure compliance with this policy. Toast, in its sole discretion, has the right to require you to immediately remove any Hemp Product from your menus or otherwise discontinue selling any Hemp Product at any time, and for any reason. Toast reserves the right to change its designated payment processor(s) at any time with or without notice. You acknowledge and agree that you may not be able to use certain Toast products, features, and/or services if you sell Hemp Products. You agree to provide additional information in support of this policy, including without limitation proof of a current license, permit, or registration to Toast, upon request. 

You represent that none of the Hemp Products have been the subject of a local, state or federal agency recall, safety alert, warning letter, or other enforcement action by a relevant agency, and represents that you will promptly notify Toast of any such event. You understand and agree to promptly notify Toast of any of the following occurrences, (1) any recall request, (2) felony criminal charge, summons, or arrest received by you (or your officers or representatives), or (3) any federal, state, or local enforcement actions commenced against you (or your officers or representatives), and you understand and agree that in the event of the foregoing, Toast may take action against you, including without limitation suspending or immediately terminating the Merchant Agreement and/or access to the Services.

To the extent not provided in the Merchant Agreement, you agree to indemnify, defend and hold harmless Toast and its directors, officers, employees, affiliates and agents from and against any and all losses, damages, liabilities, fines, fees, penalties, costs, expenses or other amounts whatsoever including all reasonable legal and accounting fees and expenses and all reasonable collection costs (including such amounts imposed or assessed by the Payment Networks or regulatory authorities) arising from any proceedings, claims, investigations or demands brought by any third party (including Payment Networks or regulatory authorities) arising out of or related to (a) your violation of the Hemp Policy, (b) products liability claims relating to any Hemp Product, whether arising out of warranty, negligence, strict liability (including manufacturing, design, warning, or instruction claims), or any other product based statutory claim; and (c) any third party claim alleging that your intellectual property and marks used in the promotion of the products hereunder infringes any intellectual property rights of any third party.

Toast may, in its sole discretion, require an attestation from you from time to time confirming that you have read, understood, and agreed to this Hemp Policy, which you must promptly execute.

For clarity, this Hemp Policy only applies to Toast Merchants located in the United States of America, and only Merchants located in the United States of America are eligible to sell Hemp Products (in accordance with this Hemp Policy).