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Terms & Conditions

TOASTIQUE TERMS & CONDITIONS

Last updated: May 07, 2026


Important — please read carefully. These Terms & Conditions ("Terms") contain a binding arbitration provision and a class-action waiver in §17. By accessing or using toastique.com (the "Site") or any service that links to these Terms (together, the "Services"), you agree to these Terms. If you do not agree, please do not use the Site or Services.

1. Who We Are

The Site and Services are operated by Toastique Holdings, LLC, an Arizona limited liability company with its principal place of business at 764 Maine Avenue SW, Washington, D.C. 20024 ("Toastique," "we," "our," or "us"). Toastique cafés are independently owned and operated by franchisees; in-store transactions are governed by the franchisee's own terms.

2. Acceptance and Eligibility

You may use the Site and Services only if you can form a legally binding contract with Toastique. By using the Site, you represent and warrant that (a) you are at least 18 years old (or, in jurisdictions where the age of majority is older, you meet that age), (b) you have the legal authority to accept these Terms, and (c) you will use the Site in compliance with these Terms and all applicable laws.

We require you to affirmatively accept these Terms and our Privacy Policy by checking the appropriate box at account creation, email or SMS sign-up, and checkout (a "clickwrap" acceptance). Continued use of the Site after material updates constitutes acceptance of the updated Terms; we will give at least 30 days' notice of material changes by email or in-Site notice.

3. Your Account

Some Services require an account. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately at support@toastique.com if you believe your account has been compromised. We may suspend or terminate accounts at our discretion in accordance with §15.

4. Orders, Payment, Gift Cards, and Refunds

  • Orders. The Site offers gift cards, merchandise, and similar online purchases. Online food orders are typically fulfilled by an independently owned Toastique café through a third-party ordering vendor; the café and the vendor are responsible for order fulfillment and delivery.

  • Pricing and availability. Prices, promotions, and availability are subject to change. We reserve the right to refuse or cancel any order, correct pricing or other errors, and limit quantities.

  • Payment. Payments are processed by our payment processor (currently Shopify Payments / Shop Pay). You authorize us and our processor to charge the payment method you provide.

  • Gift cards. Toastique gift cards may be redeemed at participating Toastique cafés. Gift cards are not refundable, are not redeemable for cash (except where required by law), and are subject to additional terms presented at purchase.

  • Returns and refunds. Merchandise and gift card return rules are described at the time of purchase. Food and beverage orders are non-returnable except where required by law or Toastique policy.

  • Promotions and coupons. Promotional codes are subject to their own terms (validity period, exclusions, one-per-customer, etc.) and may be modified or revoked by Toastique.

5. Marketing Communications and SMS Terms

Email. You may opt out of marketing email at any time by clicking the "unsubscribe" link in any marketing email or by marketing@toastique.com. Transactional and service messages will continue.

SMS. By providing your mobile number and opting in, you consent to receive recurring marketing text messages from Toastique at the number provided, including via automated technology (where used). Consent is not a condition of any purchase. Up to 12 messages per month. Message-and-data rates may apply. Reply STOP to unsubscribe and HELP for help. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy. By participating, you also agree to comply with the terms of any third-party SMS provider.

6. Loyalty and Referral Program

Membership in the Toastique Loyalty Program and any referral program is voluntary, free, and subject to additional program terms presented at sign-up. The programs offer benefits in exchange for personal information; see the "Notice of Financial Incentive" in our Privacy Policy. Toastique may modify, suspend, or terminate the programs at any time, subject to applicable law.

7. Intellectual Property and License to Use the Site

The Site, the "Toastique" name, the Toastique logos and designs, and all content on the Site (collectively, the "Toastique IP") are owned by or licensed to Toastique and are protected by U.S. and international intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Site for your personal, non-commercial use in accordance with these Terms. All other rights are reserved.

You may not (a) copy, modify, distribute, sell, or lease any part of the Site or Toastique IP, (b) reverse engineer, decompile, or attempt to extract source code, (c) use any automated means (bots, scrapers, crawlers) to access or index the Site without our prior written consent, (d) frame, mirror, or otherwise reproduce the Site, (e) use Toastique IP in a way likely to create confusion as to source or sponsorship, or (f) circumvent any security or access-control measure.

8. User Content

You may have the opportunity to submit reviews, comments, photos, videos, hashtag-tagged social posts, and other content (collectively, "User Content"). You retain ownership of your User Content. By submitting User Content (including by tagging @toastique or using a Toastique-controlled hashtag in a public post), you grant Toastique and its franchisees a perpetual, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, and display the User Content in connection with our Services and our marketing of the Toastique brand (including in advertising). You represent and warrant that (i) you own or have the right to grant this license, (ii) the User Content does not infringe any third-party rights, and (iii) the User Content complies with these Terms and applicable law. We may, but are not obligated to, monitor User Content and may remove any content at our discretion.

9. Acceptable Use

You agree not to use the Site or Services to (a) violate any law, (b) infringe any intellectual-property or privacy right, (c) post defamatory, harassing, threatening, obscene, hateful, or sexually explicit material, (d) impersonate any person or entity, (e) introduce malware or interfere with the security or integrity of the Site, (f) attempt to gain unauthorized access to any account or system, (g) collect personal information from other users, (h) engage in commercial activity not expressly authorized by Toastique, or (i) circumvent any access or rate-limiting controls.

10. Third-Party Services and Links

The Site may link to or integrate with third-party websites and services, including online-ordering vendors, payment processors, social-media platforms, mapping services, and advertising partners. Those services are operated by third parties under their own terms and privacy practices. Toastique does not control and is not responsible for those services.

11. Privacy and Cookies

Our Privacy Policy at toastique.com/policies/privacy-policy describes how we collect, use, and disclose personal information, and your rights and choices, including your right to opt out of "sale" and "sharing" of personal information and the use of personal information for cross-context behavioral or targeted advertising. By using the Site, you acknowledge our Privacy Policy. To exercise privacy rights, visit our Your Privacy Choices page or email marketing@toastique.com.

12. Accessibility

Toastique is committed to digital accessibility. We aim to conform with the Web Content Accessibility Guidelines 2.1 Level AA published by the World Wide Web Consortium. If you experience any difficulty accessing any portion of the Site or Services, please contact us at accessibility@toastique.com so that we can assist you and address the issue. Our Accessibility Statement is available at toastique.com/pages/accessibility.

13. Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOASTIQUE AND ITS AFFILIATES, FRANCHISEES, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS. NUTRITIONAL, ALLERGEN, AND INGREDIENT INFORMATION ON THE SITE IS APPROXIMATE; ACTUAL VALUES MAY VARY BY LOCATION, SUPPLIER, AND PREPARATION. PERSONS WITH FOOD ALLERGIES SHOULD INFORM CAFÉ STAFF AND USE OWN JUDGMENT.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TOASTIQUE, ITS AFFILIATES, FRANCHISEES, LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF TOASTIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOASTIQUE'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID TO TOASTIQUE THROUGH THE SITE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS, THE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

15. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Toastique and its affiliates, franchisees, and licensors and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site or Services; (b) your User Content; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party right.

16. Termination

We may suspend or terminate your access to the Site or Services at any time, with or without notice, for any reason, including for breach of these Terms. Sections that by their nature should survive termination (including §§7–9, 13–17) will survive.

17. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Read this section carefully. It limits your rights, including your right to a jury trial and to participate in a class action.

17.1 Informal resolution

Before initiating arbitration, you and Toastique agree to attempt to resolve any dispute informally for at least 60 days. To start, send a written notice to legal@toastique.com (and by mail to Toastique Holdings, LLC, Attn: Legal, 764 Maine Avenue SW, Washington, D.C. 20024) describing the dispute, your claim, and the relief sought. We will respond and attempt good-faith resolution.

17.2 Mediation

If informal resolution fails, the parties will submit the dispute to non-binding mediation administered by JAMS or the American Arbitration Association ("AAA") in Washington, D.C., before initiating arbitration. Each party bears its own costs of mediation.

17.3 Binding individual arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, or your relationship with Toastique that is not resolved through mediation will be resolved by binding individual arbitration administered by AAA under its Consumer Arbitration Rules then in effect, conducted in Washington, D.C. (or, at your election if you reside in the United States, by telephone, video, or in writing, or in the federal judicial district where you reside). The arbitrator (and not any court or agency) has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

17.4 Class-action waiver

You and Toastique agree that any dispute will be brought in an individual capacity, and not as a plaintiff or class member in any purported class, collective, mass, consolidated, or representative action. The arbitrator may not consolidate or join the claims of more than one person and may not preside over any form of representative or class proceeding. If a court decides this class-action waiver is unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, but the rest of this Section 17 will remain in effect.

17.5 30-day arbitration opt-out

You may opt out of the arbitration agreement and class-action waiver in §§17.3–17.4 by sending a written opt-out notice within 30 days of first accepting these Terms (or, for existing users, within 30 days of these Terms taking effect). Send the notice to marketing@toastique.com or by mail to Toastique Holdings, LLC, Attn: Arbitration Opt-Out, 764 Maine Avenue SW, Washington, D.C. 20024, and include your name, the email address associated with your account, and a clear statement that you are opting out. Opting out will not affect any other provision of these Terms. If you opt out, the venue and choice-of-law provisions in §17.7 still apply.

17.6 Carve-outs

Notwithstanding §17.3, either party may bring (a) a claim in small-claims court if the claim qualifies, and (b) an action in court for injunctive or equitable relief to protect intellectual-property rights or to enforce confidentiality obligations.

17.7 Governing law and venue

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law principles, except that (a) the Federal Arbitration Act governs §17, and (b) any consumer-protection law of the state where you reside may also apply to the extent it provides greater protection. For any matter not subject to arbitration (including small-claims actions and IP-injunction claims), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Washington, D.C., subject to applicable state law that requires venue elsewhere (including, for California residents, where required by California Business and Professions Code § 20040.5).

17.8 California, Colorado, Connecticut, and other state notices

California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at 1-800-952-5210. Residents of states with consumer-protection or franchise laws that override choice-of-law or venue provisions retain those rights to the extent required by law.

18. Notice and Electronic Communications

You consent to receive communications from us electronically (email, SMS where you opt in, in-Site notices). We may provide notice to you by email at the address on file or by posting on the Site. Notices to us must be sent to marketing@toastique.com and by mail to Toastique Holdings, LLC, 764 Maine Avenue SW, Washington, D.C. 20024.

19. Apple App Store / Google Play (if applicable)

If you obtain a Toastique application from the Apple App Store or Google Play, additional terms apply. Apple and Google are not parties to these Terms, but are intended third-party beneficiaries with respect to enforcing these Terms against you to the extent applicable.

20. International Users

The Site is operated from the United States and is intended for U.S. users. We make norepresentation that the Site is appropriate for use in other locations. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

21. Miscellaneous

  • Entire agreement. These Terms, together with the Privacy Policy and any Service-specific terms, constitute the entire agreement between you and Toastique.

  • Severability. If any provision is found unenforceable, the remaining provisions remain in effect.

  • No waiver. Our failure to enforce any provision is not a waiver of that provision.

  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.

  • Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control.

  • No third-party beneficiaries. Except as expressly stated, these Terms do not confer rights on third parties.

  • Headings. Headings are for convenience only.

22. Contact

Toastique Holdings, LLC

Attn: Legal Department

764 Maine Avenue SW, Washington, D.C. 20024

Email: marketing@toastique.com   |   Privacy: marketing@toastique.com   |   Accessibility: marketing@toastique.com

Governing law (Arizona) and venue (Washington, D.C.) are aligned with the 2026 FDD; consumer-arbitration mechanics adapted for the Site's consumer-facing context. The 30-day arbitration opt-out is included to maximize enforceability under recent California, NJ, and federal case law.