ADA website accessibility.

[Capybara]

I operate Capybara Ramen & Sushi in Clermont, Florida. I recently tested our Toast Online Ordering page with Chrome Lighthouse because of growing concerns about ADA website accessibility.

A recent post in a Florida Thai restaurant owners’ group reported that restaurant owners are receiving accessibility complaints or lawsuits alleging that visually impaired customers could not use their online ordering websites. Other restaurant owners commented that similar cases have occurred before and may result in legal expenses or settlements.

Toast Support also informed me that Toast does not officially confirm that the complete Online Ordering process complies with WCAG 2.2 Level AA, and that the restaurant is responsible for compliance. This is concerning because restaurant owners do not control the Toast ordering platform’s code.

Has anyone received a VPAT, Accessibility Conformance Report, or accessibility audit from Toast? I would also appreciate an official response from Toast explaining how restaurant owners can report and resolve accessibility issues on Toast-controlled pages.

Thank you.

[jenni]

Hi there, thank you so much for sharing this!

I reached out to legal and other relevant teams to get an accurate answer for you. They said: 

"With respect to ADA compliance, Toast customers have flexibility relating to the manner in which our products are utilized, and ultimately they must determine their own legal obligations in relation to any regulations applicable to them, including the ADA, as we do not control the way the product is used. As a result, Toast is not able to make any representations around whether a customer’s use of our products are compliant with the ADA, or other accessibility laws and standards.

However, please know that Toast values accessibility and is committed to making Online Ordering accessible to our customers and their guests. We regularly update our products, including Online Ordering, taking into account accessibility and industry standards. Notably, we work closely with a third party accessibility partner to conduct regular audits, which enables us to implement product updates designed to enhance accessibility based on current industry standards. 

Lastly, we always welcome customer feedback, especially as it relates to accessibility. Please do not hesitate to reach out to Toast Customer Support in the future with any questions or concerns."

@Capybara please let me know if you have any other questions or feedback that I can share with the teams and I'm happy to do so!

[Capybara]

Hi Jenni,

Thank you for checking with Toast’s legal and accessibility teams. I appreciate the response, but I still have an important concern that I do not believe has been answered.

As a restaurant owner, I understand that I am responsible for my own obligations under the ADA. However, there are significant portions of Toast Online Ordering that are designed, coded, hosted, and controlled by Toast, and that I cannot independently modify.

Therefore, could Toast please answer the following questions specifically:

1. Does Toast currently represent that Toast Online Ordering conforms to WCAG 2.1 Level AA or WCAG 2.2 Level AA?

2. If yes, can Toast provide an Accessibility Conformance Report (ACR/VPAT), independent third-party accessibility audit, certification, or other written documentation showing the level of WCAG conformance and the date of the most recent audit?

3. What portions of accessibility compliance are the restaurant’s responsibility, and what portions are Toast’s responsibility because they involve Toast-controlled code and functionality?

4. If a restaurant receives an ADA accessibility claim or lawsuit specifically because of an accessibility defect in Toast-controlled Online Ordering code, what assistance or protection does Toast provide to the restaurant?

5. Does Toast provide any contractual warranty, indemnification, or other protection relating to accessibility defects in Toast-controlled products?

I am not asking Toast to guarantee that my restaurant can never be sued. I am asking what objective evidence Toast can provide that the product I am paying for has been independently tested and conforms to recognized accessibility standards.

Simply stating that Toast “values accessibility” and conducts regular audits does not tell customers what standard was tested, whether the product passed, when it was tested, or what the results were.

As a Toast customer, I believe these are reasonable questions, particularly because restaurant owners cannot modify the underlying Toast Online Ordering platform ourselves.

Thank you, and I would appreciate it if the Toast Legal or Accessibility team could provide a direct response.

[jenni]

Hi @Capybara, thank you for your patience again while I reached out to the relevant teams. They answered: 

"Hi there,

Please see below for responses to your questions.

1. Does Toast currently represent that Toast Online Ordering conforms to WCAG 2.1 Level AA or WCAG 2.2 Level AA? No. Toast considers accessibility in our product development process and we have partnered with Level Access to administer our digital accessibility program and oversee its governance. Their accessibility program evaluates and audits our digital products on an ongoing basis in accordance with best practices and is supported by a diverse team of accessibility professionals, including users of assistive technologies. However, because Toast does not control how the product is ultimately set up or used by the customer, we do not formally represent, warrant, or guarantee that Toast Online Ordering fully conforms to WCAG 2.1 Level AA, WCAG 2.2 Level AA, or any other specific accessibility standard.
2. If yes, can Toast provide an Accessibility Conformance Report (ACR/VPAT), independent third-party accessibility audit, certification, or other written documentation showing the level of WCAG conformance and the date of the most recent audit? Because Toast does not make any specific representations about the product’s compliance with WCAG or other similar accessibility requirements, Toast does not issue or provide Accessibility Conformance Reports (ACRs), Voluntary Product Accessibility Templates (VPATs), or independent third-party certification documents. Please note that, as a private entity, Toast is not subject to Section 508 of the Rehabilitation Act, which typically requires VPATs, and providing these reports is not part of our standard commercial practice.
3. What portions of accessibility compliance are the restaurant’s responsibility, and what portions are Toast’s responsibility because they involve Toast-controlled code and functionality? Toast merchants are exclusively responsible for the content and configuration applied to the Online Ordering product. This includes, but is not limited to, menu item names, descriptions, uploaded images (and ensuring appropriate alternative text), and any branding or color choices configured by the merchant.
4. If a restaurant receives an ADA accessibility claim or lawsuit specifically because of an accessibility defect in Toast-controlled Online Ordering code, what assistance or protection does Toast provide to the restaurant? Under the terms of the Toast Merchant Agreement, Toast does not provide legal defense, financial assistance, or specific protections to merchants facing third-party ADA claims or lawsuits. 
5. Does Toast provide any contractual warranty, indemnification, or other protection relating to accessibility defects in Toast-controlled products? No. Toast products are provided as outlined in our Merchant Agreement, which does not include warranty, indemnification, or other protection for digital accessibility compliance. For a full understanding of Toast’s legal terms, we encourage you to review the Toast Merchant Agreement, which outlines the limitation of liability and warranty disclaimers in detail."

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I will be sure to share any further feedback or questions! -Jenni

[Capybara]

Hi Jenny, thank you again for the clarification.

I just want to make sure I understand everything correctly. My summary is:

1. Toast does not certify that Toast Online Ordering complies with WCAG 2.1 AA or WCAG 2.2 AA.
2. Toast does not provide an ACR/VPAT or accessibility certification to merchants.
3. Merchants are responsible for the content and settings they control, such as menu descriptions, images, alt text, colors, and branding.
4. Merchants cannot control or modify Toast’s underlying code and platform functionality.
5. If a merchant receives an ADA accessibility claim or lawsuit, Toast does not provide legal defense, indemnification, or financial protection under the Merchant Agreement.
6. Therefore, even if an accessibility issue comes from Toast-controlled code or functionality, the merchant may still be responsible for dealing with the claim.

Is my understanding above correct?

Thank you for confirming.

[jenni]

Hi again!

Since this is completely out of my wheelhouse, I don't want to speak incorrectly so was confirming with the team. This is their response: 

"Thanks for following up. Rather than just confirm or correct your summary, I want to give you a clearer picture since accessibility on a platform like Toast’s involves both what we build and what our merchants control.

On certifications, WCAG is a set of technical guidelines rather than a certification program itself. Some third-party providers do offer accessibility certifications, but those capture a single point in time on a platform that updates continuously. What I can tell you is that at Toast, we are continually improving our platform and strive to meet the needs of the broadest possible audience and conform with established accessibility standards.

You're right that there are a number of elements within your control (for example, menu descriptions, images and alt text, color and contrast choices, and branding). These pieces are often where some of the most meaningful accessibility improvements can happen, and I'd suggest W3C's Web Accessibility Initiative guidance and ADA.gov as starting points.
On your question about how the Merchant Agreement would apply if you received a claim, that would depend heavily on specific facts, and we're not able to interpret the agreement or give legal advice. Your own counsel would be the right resource for you there.

Thanks again for the thoughtful questions here, and I hope this gives you a clearer picture. If anything else comes up on your Toast account, our support team is always happy to help."

@Capybara let me know if you have any further questions!

Jenni