Curious what your recipients will see?

Welcome to Toasty!

Toasty is an ultimate solution for giving thoughtful gifts without having to guess the recipients’ preferences. Our platform offers easy-to-use gift cards, empowering recipients to select their desired brands. With Toasty, it's never been easier to send the perfect gift! 

Toasty offers a variety of gift cards and/or other products and services to corporate clients (“User”, “you” or “your”), and you provide these gift cards and/or other products or services to employees and other individuals (“Recipients”) in a business context as gifts, incentives or rewards for redemption.

Thes terms of use (“Terms”) are entered by and between you and WINCUBE Inc. (“Toasty,” “we,” “us,” or “our”). These Terms govern access to, and use of, a website, mobile applications, or any other similar platforms owned, operated or made available by us (the “Site”), including any content, functionality, and services offered on or through the Site (collectively, the “Services”). These Terms constitute a binding contract between us and you. 

Before you may access or use the Services, please read and agree that you have read, understood and accepted all of the terms and conditions contained in and linked to these Term as well as our Privacy Policy. We strongly recommend that, as you read these Terms, you also access and read the linked information, since it is incorporated into and hereby made part of these Terms. Your use of the Services and any functionality of the Site are subject to these Terms, and such use constitutes acceptance of these Terms. If these Terms conflict with any other documents, these Terms will prevail regarding the usage of the Services. Certain portions of the Site or the Services are accessible only to a registered User of Toasty. If you do not agree to these Terms and the Privacy Policy, you may not use the Site and the Services in any capacity.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICES. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS.

Updates to Terms of Use

We reserve the right to modify or update any portion of these Terms in our sole discretion at anytime and will indicate changes with an update to the “Last Updated” date at the top of the Terms. All changes are effective immediately when we post them and apply to and use of the Services thereafter. Continued use of the Services after any modifications or changes constitutes your agreement and acceptance to such changes. You are encouraged to review these Terms periodically and to check the “Last Updated” date at the top of the Terms for the most recent version. In addition, when using Services or features on the Site, you will be subject to any posted guidelines or policies, including but not limited to our Privacy Policy, as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms.

Privacy Policy

By using the Services, you accept and agree to our Privacy Policy, which are part of and incorporated herein these Terms. Please also review our Privacy Policy carefully before accessing the Services.

Eligibility

General Eligibility.

You must be a valid and legally existing business entity existing under the laws of the state in which you are organized, and your representative authorized to provide your information on your behalf and to bind you these Terms. You are solely responsible for complying with all laws and regulations that are applicable to your business and your use of the Services, including consumer privacy laws and data security laws.

Use Only for Business Purposes.

You must be using our Site or any Services provided by us for business purposes and not for any personal, family or household purposes.

Sanctions and Other Risks.

You may not use the Site or the Services if:
a.    you are the subject of the United States sanctions, including the OFAC and the United Nations Security Council; 
b.    you are located, organized, or resident in a jurisdiction that is subject to United States sanctions or that otherwise poses reputational, fraud, or legal risk to Toasty, or any other jurisdictions prohibited by applicable law; or
c.    you are, directly or indirectly, engaged in any activity that violates applicable laws, including but not limited to money laundering, terrorist financing, fraud, other financial crimes or any attempt to circumvent or violate any sanctions.
This prohibition applies to the Recipients as well. We reserve the right to refuse service or terminate any transactions or accounts at our discretion if we believe, in good faith, that such transactions may violate applicable sanctions or laws. 

Age Requirement.

Our Site and Services are offered and available only to Users who are at least 18 years old. By using the Site or the Services, you represent to us that your employees, officers, representatives and other agents accessing the Site and using the Services on your behalf are of legal age to form a binding agreement with us and are authorized to access the Site and use the Services and to legally bind you to these Terms and all transactions conducted under their respective usernames and passwords. If you are not at least 18 years old or otherwise do not have the legal capacity to enter into an agreement on behalf of User for which you are acting, you must not access our Site or use the Services.

Registration and Account Management

User Account.

In order to access the Site and use the Services, you will need to register an account with us. You may be asked to provide certain registration details or information we require to create an account for you.  You hereby permit us to keep a record of such information and to share such information with the bank and other service providers, in accordance with our Privacy Policy. It is a condition of your access to the Site and use of the Services that you agree (1) that all registration information you submit is true, accurate, current, and complete; (2) to maintain the accuracy of such information and promptly update such registration information as necessary; (3) have the legal capacity and you agree to comply with these Terms; (4) not to access the Services through automated or non-human means, whether through a bot, script or otherwise; (5) not to use the Services for any illegal or unauthorized purpose; and (6) that your use of the Services will not violate any applicable law or regulation.

If you choose, or are provided with, a username, password, or any other information as part of our security procedures, you must keep such information as confidential and must be responsible for all uses of your account and password. You agree to promptly notify us at support@toastycard.com if you discover or otherwise suspect that your account or password has been subject to unauthorized use. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 

You acknowledge and agree that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Team Account.

You may designate one of your trusted officers, employees, or representatives (the “Super Admin”) and authorize the Super Admin to create and register a team account (the “Team Account”) under your registered account. The Super Admin has the authority to invite team members to join the Team Account, allowing each team member to create their own unique login credentials. All team members share access to the Team Account’s resources and functionalities, including but not limited to, funding, integrations, placing orders, viewing account balances, accessing order history, and managing or transferring funds between linked team accounts. Permissions and access rights of each team member shall be determined and managed solely by the Super Admin. By creating and registering the Team Account, you and/or the Super Min agree to:
●    Provide complete, accurate, and current information for all team members.
●    Manage team accounts in compliance with applicable laws and regulations.
●    Maintain the confidentiality and security of team account information.
●    Notify us immediately of any unauthorized use of the team account or any breach of security.
We are not responsible for authenticating the identity of the authorized team members. You are fully responsible for all activity that occurs on your account and the Team Account. You are also responsible for maintaining adequate security and control of any and all credentials associated with the Team Account. Unauthorized sharing of credentials, misuse of access, or exceeding assigned permissions may result in suspension or termination of access rights. 

Information and Privacy.

You agree that all information you provide to register with us or otherwise, including through the use of any interactive features on the Site, is governed by our Privacy Policy (https://www.toastycard.com/marketing/privacy-policy), and you consent to all actions Toasty takes with respect to your information consistent with our Privacy Policy.

Suspension or Deactivation of User Account.

Except as expressly prohibited by applicable law, we may, in our sole discretion and without notice or liability to you, suspend or deactivate account or otherwise suspend, restrict or terminate access to, or refuse to provide, any Services at any time, including in the following circumstances:
●    if we determine that you directly or indirectly use, or attempt to use, any Services for any unlawful or improper purpose;
●    if you provide incomplete, incorrect or false information to us;
●    if you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Site or the Services;
●    if we determine that your use of any method of payment is unauthorized, or if your method of payment does not have sufficient available funds (or credit, as applicable) or that has expired, or if your method of payment is declined or your payment is blocked or reversed for any reason;
●    if we determine that you are sending Toasty’s gift cards to yourself for the purpose of distributing them outside of our Services;
●    if you violate any of these Terms;
●    if we determine that  your account is inactive (i.e., if you have not accessed to the Site or use the Services for the twelve (12) months, we will immediately proceed with our termination action); or
●    if we determine termination is necessary to comply with these Terms, any of our policies, procedures or practices, or any applicable law.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Intellectual Property Rights

The Site and its entire contents, features and functionalities are owned by Toasty or our licensors or other providers of such materials and are protected by United States and international copyright, patent, trademark, trade secret, and other proprietary laws. Toasty, along with its affiliates and partners, retains all rights to the Site's underlying technology and software. You are prohibited from modifying, copying, leasing, selling, distributing, or creating derivative works of any of the materials on our Site, except for your own legally uploaded content. Unauthorized use of data mining, robots, scraping, or similar data extraction methods is strictly prohibited.

We hereby grant you a limited, non-transferable, non-exclusive, revocable license to use the Site in accordance with these Terms, including any additional policies set by us. This license is subject to your commitment not to engage in copying, distributing, creating derivative works, publicly displaying or performing, selling, or reselling any content, products, or services from the Site without Toasty's explicit permission.

Trademarks.

Toasty name, logos, and any other Toasty product or service names appearing on the Site are Toasty’s intellectual property and may not be used, whether in whole or part, without prior written permission of Toasty, as applicable. All goodwill generated from the use of Toasty trademarks benefits Toasty exclusively.

All other trademarks and names mentioned in the Services are the property of their respective owners and cannot be used without the permission of the relevant holder. 

Copyright and Intellectual Property Complaints.

Toasty respects intellectual property rights and expects you to do the same. If you believe your work has been infringed upon on our Site, please contact us at support@toastycard.com with a detailed infringement claim. This claim must include your contact information, a description of the copyrighted work, the location of the infringing material on the Site, a statement of unauthorized use, and a statement under penalty of perjury that the information provided is accurate.

If you dispute the removal of your content due to a copyright claim, you may submit a counter-notice to support@toastycard.com with specific details outlined in the Digital Millennium Copyright Act (DMCA), including your contact information, a statement of good faith belief, and consent to federal court jurisdiction.

Toasty commits to addressing and resolving copyright complaints in accordance with the DMCA and applicable laws, reserving the right to terminate access for repeat infringers or those infringing on intellectual property rights.

Software Applications and Export Control

Software available in connection with the Site and the transmission of applicable data, is subject to United States export control laws. Downloading or using our software in violation of these laws is prohibited and done at your risk. Users must comply with all local rules concerning online conduct and acceptable content, recognizing the global nature of the Internet.

Third-Party Operators and Websites

Our Services include links to other sites and resources provided by third parties, which may offer their own products, goods, and services. These links are provided for your convenience and may lead you to external sites not under our control or endorsement. We are not responsible for the content, accuracy, or legality of any third-party site or their offerings. Your use of third-party links and interactions with any third-party providers are solely between you and such parties. We expressly disclaim any liability for third-party content or transactions.
Please be aware that third-party sites might contain:
●    Potentially offensive or inappropriate content.
●    Misleading or inaccurate information.
●    Material that may infringe on rights or be otherwise unlawful.

If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Service, your account activities, your content submissions, your breach of these Terms, your infringement of rights, or your interactions with third parties through our Services.

Warranties, Disclaimers, and Limitations of Liability

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Statute of Limitations

You agree that any claim related to the Services must be filed within one (1) year after the cause of action arose or be permanently barred.

California Residents

If you are a California resident, you waive California Civil Code Section 1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release.

Toasty Choice Cards

You may purchase Toasty Choice Cards and direct us to distribute such Choice Cards to the Recipient electronically via email. Upon receiving Toasty Choice Cards, the Recipient can select their preferred country, and the redemption will be processed in their local currency. The Choice Cards allows the Recipient to choose their preferred brand from a variety of eligible gift card options on the Site or any of our affiliated websites. Please note that the selection of brands and availability of gift cards may change without notice, and we cannot guarantee the availability of any specific brand at any given time.

Balance and Redemption. 

The value of any purchases made by the Recipient will be deducted from the Toasty Choice Card balance. Any remaining balance will stay on the Choice Card for future use. To check the balance, the Recipient can click on the “Redeem Your Toasty Choice Card” button found in the reward email. The current balance will be displayed on the redemption page.

Terms and Conditions.

Upon electronic transmission, the risk of loss and title for Toasty Choice Cards transfers to you. We are not liable for cards that are lost, stolen, destroyed, or used without authorization.

Trademarks.

The Toasty name, logos, and any other company, product, and service names appearing on the Site may be trademarks of their respective owners. These trademarks may not be used without prior written permission from Toasty or the trademark owner, as applicable. All goodwill generated from the use of Toasty Trademarks benefits Toasty exclusively.

Restrictions.

Toasty Choice Cards cannot be exchanged for cash, returned, credited, or exchanged. They may not be directly presented or used on the websites or in the stores of the brands featured on the Site. Choice Cards must be redeemed first through the Site or affiliated websites and such Choice Cards then can be used on the respective brand’s website or stores. Redemption is subject to the terms and conditions set by the respective brands, which may include geographical restrictions and other limitations on use.

Security and Usage Terms. 

For the security of Toasty Choice Cards and the rewards it entails, it is the Recipients responsibility to keep the email or notification containing the card information secure. The responsibility for safeguarding the Toasty Choice reward falls entirely on you or the Recipient once it is delivered. The unique link provided in the Toasty Choice Card email or notification serves as the sole method for accessing and redeeming the Recipient’s reward.

We do not offer replacements for Toasty Choice Cards or their values if they are lost, stolen, used without your permission, or in the event of unauthorized access due to device compromise. The transfer, sale, sharing, or exchange of Toasty Choice Cards is prohibited. Additionally, Toasty Choice rewards are non-reloadable, cannot be merged with other rewards, and are non-redeemable for cash, except as mandated by law. Once a specific reward is redeemed with the Toasty Choice Card, the selection is irreversible.

Expiration and Unredeemed Rewards (Applies to Toasty Choice Cards and Branded Gift Cards)

Toasty Choice Cards and Branded Gift Cards provide access to a redemption platform or redemption link that allows Recipients to access, activate, or, in the case of Toasty Choice Cards, select a third-party brand gift card.

Unless otherwise expressly stated in writing by Toasty, the redemption link or access mechanism associated with a Toasty Choice Card or Branded Gift Card must be used by the Recipient within six (6) months from the date the reward email is delivered.

If the Recipient does not use the redemption link within this period, access to the redemption platform or gift card may expire. Any reward that has not been accessed or redeemed within the applicable redemption period may be deemed unredeemed and unclaimed and may be forfeited, reallocated, or otherwise handled by Toasty in accordance with its internal policies, to the extent permitted by applicable law.

Relationship to Applicable Gift Card Laws.

The expiration of a Toasty Choice Card applies solely to the access mechanism or redemption link and does not apply to any underlying third-party brand gift card.

Once a Recipient redeems a Toasty Choice Card and selects a specific brand gift card, the selected brand gift card is governed exclusively by the issuing brand’s terms and conditions and applicable federal and state gift card laws, including any minimum expiration periods required by law. Toasty does not control and is not responsible for the expiration, usage restrictions, or terms imposed by third-party brands.

 

Branded Gift Cards

You may purchase branded gift cards from specific brands available on our Site (“Branded Gift Cards”). These Branded Gift Cards are subject to additional terms and conditions set by the respective brand  and may only be used at the designated stores or websites of that brand. At the time of your order, you will select a specific brand, and the Recipient will receive such Gift Card for that brand. We are not responsible for the actions, products, or content of any brands featured on our Site. Additionally, the availability, denominations, and locations of use for these Branded Gift Cards may change.

 

Global Gift Card

Currency Conversion.

Gift card values are subject to currency conversion rates at the time of purchase and redemption. We apply our own currency conversion rates, which may differ from the prevailing market rates. The exchange rates used for each transaction is determined by us and will be based on the rate available at the time of the transaction.

 

Due to fluctuations in currency exchange rates, the converted value of the gift card may differ from the original value. We are not responsible for any financial loss or gain resulting from changes in currency exchange rates.

 

Denominations and Balance Use.

 

Many gift cards do not support decimal denominations, which may result in residual balances when the card amount is converted between currencies. If the converted amount does not align with available denominations in the Recipient’s country, we are not liable for any residual or unused balances due to these denomination limitations.

 

Partial Redemptions.

If a gift card has a remaining balance that cannot be fully utilized due to denomination constraints, the unused balance will remain on the card for future use, where applicable. However, we cannot guarantee that the remaining balance will be easily usable in future transactions, as it may be subject to denomination or usage limitations.

 

Product Availability.

The availability of specific brands and products may vary by country. We do not guarantee that all gift card options available in one country will be accessible in another. Product selections and brand offerings are subject to change without notice.

 

 

Order and Gift Card Value Limits

You may not send gift cards with a total combined value exceeding $10,000 to any one Recipient in a single day. Additionally, the value of any individual gift card may not exceed $2,000. We reserve the right to impose or modify order limits at our sole discretion. These limits may apply to individual gift cards, specific redemption options, or your account as a whole. If we impose or change any limit on the account, it will promptly notify you of the new limit and the reason(s) for the adjustment. 

 

AI-Generated Designs 

Intellectual Property.

AI-generated images created through the Site do not grant copyright ownership to either you or Toasty. Neither party may claim ownership rights over the content generated through the use of the Site.

Licensing of AI-Generated Content. 

We are granted a non-exclusive license to use AI-generated images for business purposes. This includes, but not limited to, using the images for marketing, product demonstrations, or other promotional activities. We reserve the right to utilize these images as necessary for the operation and promotion of our Services. 

Prohibited Content. 

Either party  is prohibited from generating content that is explicit, harmful, illegal, or otherwise inappropriate. This includes, but is not limited to, content that promotes violence, discrimination, harassment, or misinformation.

Content Moderation.

We reserve the right to review and remove any AI-generated images that violate these Terms without prior notice.

Data Collection.

The Site may collect non-identifiable metadata related to AI-generated designs for purposes of quality assurance and service improvement. This data will be used solely to enhance your experience and optimize the performance of the Services. 

Accuracy and Suitability.

AI-generated images may not always meet expectations or be entirely accurate. We do not guarantee the accuracy, completeness, or suitability of the content generated. We are not liable for errors, inaccuracies, or unintended outcomes resulting from the use of the Service.

 

Toasty Refund Option

If the Refund Option is selected prior to redeeming, the expiration date of the gift card is adjusted to 30 days from the order date. To finalize redemption, the Recipient must activate the gift card by clicking the “Redeem” button in the gift card email within this 30-day period. If the gift card remains unused or the “Redeem” button is unclicked until this expiration date, you are eligible for a refund of 70% of the unused gift card value, which will be credited directly to the User’s account balance. 

This refunded amount can only be used for future orders placed through the Site and cannot be refunded back to the original payment method. The refunded amount is non-transferable and must remain within the account to which was originally refunded. Please note that this refund percentage is subject to change at our discretion, with or without prior notice.

 

Integration Feature Terms

Use of Integration Services. 

Integrations are provided to facilitate data exchange between the Site and third-party platforms for business purposes only. You must ensure their use complies with the terms and privacy policies of any external platforms they connect. We are not responsible for any issues caused by third-party platforms or violations of their policies.

Security and Data Compliance.

You are responsible for safeguarding API keys, passwords, and other credentials associated with integrations. Any data transmitted through integrations must comply with applicable laws and privacy regulation. We are not responsible for any unauthorized access, data loss, or service disruptions caused by external applications.

Third-Party Changes and Service Interruptions.

Third-party platforms may change their services without notice, which may impact the functionality of integrations. We are not responsible for disruptions caused by these changes or for interruptions due to technical, legal, or policy updates. You acknowledge that we cannot guarantee continuous or error-free integration functionality.

Support and Responsibility.

We provide basic support for integration setup but are not responsible for the ongoing operation or availability of third-party platforms. You must contact the relevant third-party providers to resolve issues directly related to their services.

Intellectual Property.

We retain all intellectual property rights related to integration services. You are prohibited from reproducing, modifying, or distributing any portion of the integration features without our prior written consent. Any feedback provided by you regarding integrations will be considered the property of Toasty and may be used for any purpose.

Modifications to Integration Services.

We reserve the right to modify or discontinue integration services at any time. Any changes to these Terms related to integrations will become effective upon posting on the Site. Continued use of integration services constitutes acceptance of the updated Terms.

 

Purchases, Payments, and Refunds

Purchase of Services. 

The agreement for purchasing the Services is finalized once you confirm your purchase, with the service performance beginning immediately upon confirmation.

Payment Processing. 

We support various payment processing methods, subject to the terms of use or legal agreements of third-party payment processors. We reserve the right to modify available payment methods without prior notice. You are responsible for all charges incurred for the Services purchased, including additional fees.

Credit Card Payments. 

When you choose to fund your account or any Team Accounts using a credit card, you agree to:

  • authorize us to charge your credit card for the transaction amount.
  • ensure that all credit card information provided is accurate and up to date.
  • acknowledge that we use third-party services for payment processing and agrees to their terms and conditions.
  • understand and accept our policies regarding disputes, chargebacks, and refunds.
Non-Refundable Credit Card Processing Fees.

All credit card payments processed through Toasty are subject to a non-refundable payment processing fee charged by our third-party payment service providers.

If you request and receive an approved refund after a credit card payment has been successfully processed, the applicable payment processing fee will not be refunded to Toasty and therefore will be deducted from the refund amount issued to you.

Unless otherwise expressly stated at checkout, the standard non-refundable payment processing fee is fifteen dollars (USD $15) per credit card transaction. Any refund issued will reflect the original transaction amount minus the applicable non-refundable processing fee.

By submitting a credit card payment through the Services, you acknowledge and agree that you are responsible for all non-refundable payment processing fees associated with your transaction.

Refund, Return, Exchange Policy.

Purchase of the Services you ordered on our Site are final. Gift cards are non-returnable and non-refundable. In cases where a gift card is non-functional, we may, at our discretion, offer a refund of the purchase price or replace the card with one of equal value from the same or a different vendor.

Refund Processing and Timing. 

Approved refunds are processed in accordance with Toasty’s internal review procedures and applicable payment processor requirements.

Toasty does not guarantee a specific refund arrival date. Final settlement timing depends on third-party financial institutions, payment processors, banks, and the customer’s payment method, all of which are outside of Toasty’s direct control.

Once a refund is approved:

  • Toasty will initiate the refund promptly following internal confirmation.

  • Refund timelines communicated to customers are estimates only and are intentionally conservative.

  • Actual refund receipt times may vary based on the payment method used, including but not limited to credit cards or ACH (or Wire) transfers.

Toasty may provide status updates upon request but does not commit to expedited settlement or fixed delivery dates. By using the Services, you acknowledge and agree that delays caused by external financial institutions do not constitute a breach of these Terms.

 

Promotional Rewards

By participating in any promotional events, you agree to adhere to these general terms as well as any specific rules ("Specific Rules") that apply to the promotion. Specific Rules, including how to enter, along with any additional details, conditions, or requirements for a particular promotion, may be found on our Site, our partners' websites, social media platforms, or other media showcasing the promotion. These Rules may reference and be considered an extension of these Terms.

Failure to redeem promotional rewards within the specified time frame, or providing inaccurate or fraudulent information, will result in the forfeiture of the rewards. Promotional rewards are strictly non-refundable, non-transferable, non-returnable, and cannot be exchanged for cash under any circumstances.

Dispute Resolution

Governing Law and Jurisdiction.

These Terms and any disputes arising under or related to these Terms or Services provided by us will be governed by and construed in accordance with the laws of the State of Delaware, except where arbitration is elected as described below.

Legal proceedings, excluding arbitration, must be instituted in the state or federal courts located in Delaware, to which both parties irrevocably submit to exclusive jurisdiction and venue. Both parties waive any objections to such courts as an inconvenient forum and agree to service of process by mail. Additionally, both parties expressly waive any right to a jury trial for any litigation related to these Terms or the services provided.

Arbitration Agreement. 

For disputes requiring arbitration, such disputes will be governed by the laws of the State of New York, U.S.A., and settled exclusively under the Rules of Arbitration of the International Chamber of Commerce (ICC) by a sole arbitrator in New York City, New York. The arbitration process, including the award, will be conducted in English. The award will be final and binding, with the prevailing party entitled to recover reasonable attorneys' fees and costs.

Class Action Waiver.

You agree to waive any rights to participate in a class action, representative action, private attorney general action, or collective arbitration against Toasty related to the service or these Terms. Further, you agree not to combine any action or arbitration under these Terms with any other action or arbitration without the explicit consent of all involved parties. You may opt out of this waiver by sending written notice to us within 30 days of your first use of our Services. Your opt-out notice must include your full name, address, and a clear statement that you wish to opt out of the class action waiver. If you opt out of the class action waiver, all other provisions of the Terms will continue to apply. This class action waiver shall survive any termination of your account or the Services.

Miscellaneous

We are and shall remain an independent contractor of you and nothing contained in these Terms shall be deemed to create an employer/employee, principal/agent, partnership, or joint venture relationship between the parties (hereinafter referred to as respectively “party” and collectively “parties”).

These Terms constitute the entire agreement between the parties and contains all of the agreements between the parties with respect to the subject matter hereof; these Terms supersedes any and all other agreements, either oral or in writing (including any interim agreements executed by the parties), between the parties hereto with respect to the subject matter hereof. No change or modification of these Terms shall be valid unless the same be in writing and signed by both parties, respectively.

All notices and other communications hereunder shall be in writing and shall be deemed given on delivery if delivered personally or sent by facsimile transmission with electronic confirmation, or four (4) business days following such notice being sent, if mailed by registered or registered, postage prepaid, to the other party at the addresses as last reported to the other party.

Neither party has the right to assign, pledge or transfer all or any part of these Terms without the prior written consent of the other.

If any provision of these Terms is held by a competent court to be invalid or unenforceable under applicable law, then such provision shall be severed from these Terms and the remainder of these Terms shall be interpreted as if such provision were so severed and shall be enforceable in accordance with its terms.

Those provisions of these Terms which by their nature should survive termination, and all accrued and unpaid obligations arising hereunder, shall survive the expiration or termination of these Terms for any reason. No delay or omission by either party to exercise any right or power it has under these Terms shall impair or be construed as a waiver of such right or power.

A waiver by either party of any covenant or breach shall not be construed to be a waiver of any succeeding breach or of any other covenant. All waivers must be in writing and signed by the party waiving its rights.

The paragraph headings of these Terms are inserted for convenience only and shall not constitute a part of these Terms for the purposes of construing or interpreting any provision hereof. Whenever the context requires, words used in the singular shall be construed to include the plural and vice versa, and pronouns of any gender shall be deemed to include and designate the masculine, feminine or neutral gender. These Terms shall insure to the benefit of and be binding upon the respective successors and assigns of the Parties.

Nothing in these Terms, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and assigns any rights, remedies, obligations, or liabilities under or by reason of these Terms, except as expressly provided in these Terms. Each party shall use all reasonable efforts to take all actions necessary or desirable to consummate and make effective the transactions these Terms contemplate or to evidence or carry out the intent and purposes of these Terms.

Customer Service

 If you have any comments or questions regarding these Terms or wish to report any violation of these Terms, you may contact us at support@toastycard.com.