PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
Effective date: November 10, 2019
Welcome to Token Transit. Please read on to learn the rules and restrictions that govern your use of our website(s), application(s), products and services (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice in the TT App, on the beta.tokentransit.com website, by sending you an email, and/or by some other means. You use of the Services after we notify you of the changed Terms constitutes your agreement to such changed Terms. If you don’t agree with the changed Terms, you will no longer be able to use the Services.
By providing us with your wireless phone number, you confirm that you want Token Transit to send you information that facilitates your use of the Services, which may include Token Transit using automated dialing technology to text message you at the wireless number you provided.
Our Services allow you to buy (or receive) and use transit passes with participating transit agencies (“Transit Agencies”) through our mobile app (also referred to as the “TT App”) or through third party apps that integrate with our Services if you have agreed to use the Services through such third party app (each a “Third Party App with TT Integration”). These Terms apply to your use of our Services, whether through the TT App or through a Third Party App with TT Integration.
You must have a Token Transit account to use the Services; you can create one via TT App; or if through Third Party App with TT Integration, third party will share your information with TT to create the Token Transit account.
If you access the Service from us, such as via the TT App, you will be required to sign up for an account and provide an e-mail and/or telephone number for account verification purposes. You shall provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.
If you access our Services through a Third Party App with TT Integration, the third party provider may have its own account sign-up process which is independent of Token Transit. If you use our Services through a Third Party App with TT Integration, the third party provider will provide us with information to set up your account with our Service and may link it with the account you have set up in the Third Party App with TT Integration so that we can process the payment for you.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and your parent or guardian has agreed to these Terms on your behalf).
You will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We cannot and will not be responsible for your using the Services in a way that breaks the law.
You must protect the security of your account and your mobile device, and you are responsible for any activity associated with your account.
Purchasing Transit Tickets. The Services allow you to purchase certain transit tickets which are listed and described in the TT App or, if applicable, the Third Party App with TT Integration (the “Ticket(s)”).
Token Transit is not the issuer of Tickets or the organizer or owner of the transit services for which Tickets may be purchased. Token Transit is responsible only for providing the Services, which allow transit agencies (each, an “Agency”) to list and promote their own transit services and to sell Tickets through the Services. Each Agency is solely responsible for issuing Tickets or providing the actual transit services associated with a Ticket. If any issues arise with such transit services or Tickets, you must contact the appropriate Agency.
Creating a Token Transit account and accessing some of the features of the Services are free; you will only be charged the price of the Ticket when you buy Tickets through the Services. Additional Ticket terms may apply. Tickets may expire after a certain period of time, as noted when purchasing Tickets and/or on the applicable Agency’s website. If you purchase Tickets from a Third Party App with TT Integration, the third party provider (the “Third Party App Provider”) may have additional terms that apply to your relationship with that third party; such terms do not apply to Token Transit.
Program Passes. Some Agencies we work with have transit pass programs (each a “Transit Program”) through which the Agency, employers and other institutions enable their employees or other eligible participants to purchase or obtain eligible Tickets through the TT App or through a Third Party App with TT Integration (“Program Passes”). This may include, for example, employer and institution passes, as well as “paratransit” and other programs offered by the Agency. Each Transit Program is offered by the applicable Agency and the participating employer/institution and we are not responsible for determining eligibility or other terms and conditions. Your use of Program Passes through the Services is subject to these Terms even if you are not required to pay for such Program Passes (e.g., if your employer or the Transit Agency funds the Program Pass).
Billing. When you purchase a Ticket through the Services, you will pay the amount of the Ticket as presented to you. We use a third-party payment processor (the “Payment Processor”) to charge your designated payment method (“Payment Method”) linked to your account on the Services (your “Billing Account”) and remit your payment to the relevant Agency that issue the Ticket. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors caused by the Third Party App Provider, or Agency. By agreeing to purchase a Ticket(s), you authorize us, through the Payment Processor, to initiate a charge to your Payment Method for the total purchase price of the Ticket(s). If we, through the Payment Processor, are unable to process payment from you, you agree to pay all amounts due on your Billing Account upon demand. The Payment Processor is responsible for settling Ticket payments to Agencies. Token Transit does not at any point hold, own or control funds, actually or constructively receive, take possession of or hold any money or monetary value for transmission, or advertise, solicit or hold itself out as receiving money for transmission.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT, INCLUDING YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, EMAIL ADDRESS, DEBIT OR CREDIT CARD NUMBER, OR DEBIT OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT beta.tokentransit.com. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. IF WE RECEIVE ANY UPDATED INFORMATION ABOUT YOUR PAYMENT METHOD FROM YOUR BANK OR CARD ISSUER, YOU AUTHORIZE US TO UPDATE YOUR BILLING ACCOUNT WITH SUCH UPDATED INFORMATION AND CONTINUING CHARGING THE UPDATED PAYMENT METHOD.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Token Transit’s) rights.
You understand that Token Transit owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
You represent, warrant, and agree that you will not contribute any Content or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Any information or content transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We are not responsible for which users gain access to the Services.
You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Token Transit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Token Transit is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Token Transit, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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, which, if known by him or her must have materially affected his or her settlement with the debtor.”
We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We are not obligated to provide you notice of changes to the Services however, we may provide such notice for changes we consider to be material. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Token Transit is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Token Transit has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
These Terms apply to your use of all the Services, including the iPhone, iPod Touch, and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
Warranty Disclaimer. Neither Token Transit nor its licensors or suppliers makes any representations or warranties, nor provides any conditions concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties, and provide no conditions, regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty or condition of any kind from Token Transit or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED BY TOKEN TRANSIT (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL,EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OF OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TOKEN TRANSIT (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR:
A. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION;
B. ANY DIRECT DAMAGES ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 AND (II) THE AMOUNTS PAID BY YOU TO TOKEN TRANSIT IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM; AND
C. ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold Token Transit, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Token Transit’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Disputes. In the United States, these Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
In Canada, these Terms are governed by and will be construed under the laws of the jurisdiction in which you reside. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in any court of competent jurisdiction in the jurisdiction in which you reside. Each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Token Transit may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Token Transit agree that unless expressly stated otherwise in these Terms, these Terms are the complete and exclusive statement of the mutual understanding between you and Token Transit, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Token Transit, and you do not have any authority of any kind to bind Token Transit in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Token Transit agree there are no third party beneficiaries intended under these Terms.