Version 1.1 posted and effective as of January 17, 2025.
Version 1.0
posted on March 1, 2022 and effective until and including January 16, 2025.
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “user”) and TransitFare & Systems Ltd (“TransitFare,” the “Company,” “us,” “we,” or “our”), an Ontario (Canada) corporation, governing your use of our website https://www.usetransit.com, the UseTransit iOS App, the UseTransit Android App, UseTransit SMS, and any related services or products that link to or reference these Terms (collectively, the “Products”).
Please read these Terms carefully. By accessing or using any of the Products, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree, you may not use or access the Products.
Our Privacy Policy describes how we collect, use, store, and share your personal information. It is available at https://www.usetransit.com/privacy and is incorporated into these Terms by reference. By using the Products, you also agree to the terms of our Privacy Policy.
Additional policies or guidelines may apply to specific features or offerings within the Products. We will notify you when such policies apply. In the event of a conflict between these Terms and any additional policy, the latter will prevail with respect to the specific feature.
a) Eligibility. You must be the age of majority in your jurisdiction (or have obtained parental/guardian consent if you are a minor) to use or access the Products. By creating an account, you represent and warrant that you meet these eligibility requirements.
b) Account Creation. Certain features of the Products require an account. When you create an account, you agree to provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.
c) Accuracy of Information. You agree to promptly update any information you provide to ensure it remains accurate. If we discover information in your account is false, misleading, or incomplete, we may suspend or terminate your account.
a) Device & Network Requirements. You are responsible for obtaining and maintaining compatible devices, internet connections, and wireless service plans to access the Products. You are responsible for any fees charged by third parties related to your access or use (e.g., data charges, messaging fees).
b) Updates & Modifications. We may introduce new features or modify existing ones at any time. These Terms also apply to any updates or modifications, unless an Update includes separate terms, in which case those terms will govern.
c) Acceptable Use / Prohibited Activities. You agree not to:
The Products and all related text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”) are owned, controlled, or licensed by or to TransitFare. You have a limited, non-exclusive, non-transferable, revocable license to use the Products for personal, non-commercial use. This license does not grant you any ownership rights in the Content.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content without our prior written consent, unless otherwise permitted under applicable open-source licenses included in the Products.
a) Your Content. If you submit or post any content (e.g., reviews, questions, feedback) to the Products, you grant TransitFare a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display such content as necessary to provide or improve the Products. You represent that you have all necessary rights to grant this license.
b) Third-Party Services. The Products may contain links or integrations to services, websites, or apps operated by third parties (“Third-Party Services”). We do not control or endorse these Third-Party Services, nor are we liable for any issues or damages arising from your use of or reliance on them. We encourage you to review the third parties’ own terms and privacy policies.
While we strive to offer accurate and timely transit schedules, route information, and related data, these details may be sourced from third parties or be subject to real-world conditions (e.g., traffic, weather, service disruptions). We cannot guarantee complete accuracy or availability at all times. You acknowledge that you should verify critical travel information through official transit agencies or alerts before making travel decisions.
We implement commercially reasonable security measures to protect our Products and your data, but no system is perfectly secure. Unauthorized third parties may still gain access to stored data or intercept transmissions. By using the Products, you acknowledge that any personal data or other information you share is at your own risk. We disclaim any liability arising from unauthorized access or use of your data.
TransitFare will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, governmental actions, labor disputes, internet or utility failures, or any other force majeure event.
Third-Party Transit Agencies. When you purchase a fare product (e.g., transit passes, ride credits) through our Products, you acknowledge and agree that you are purchasing from (or on behalf of) the relevant transit agency offering the fare product, and not directly from TransitFare. Your purchase, use, and any refunds or exchanges of these fare products are governed by the applicable transit agency’s terms, conditions, and policies (“Transit Agency Terms”), which may differ from ours.
Additional Agency Terms. You may be required to accept or acknowledge these Transit Agency Terms at the time of purchase or when you create an account for the Products. We strongly encourage you to review them carefully before completing your purchase. If you do not agree, you should not proceed with your purchase of the fare product.
No Guarantee of Agency Performance. We provide a platform that facilitates the display and purchase of fare products, but we do not guarantee any specific transit agency’s performance, schedule, or refund policies. We are not responsible for any transit agency’s acts, omissions, or failures, including fulfillment, refunds, or customer support.
Description of Auto-Reload Feature. We may offer an automatic reload feature (“Auto-Reload”) for certain fare products. By enabling Auto-Reload, you authorize us (or our third-party payment processor) to automatically charge your selected payment method when your account balance falls below a threshold you set. The applicable reload frequency and amount will be communicated to you at the time you enable Auto-Reload.
Your Responsibility. You must ensure that your chosen payment method is valid, current, and has sufficient funds or credit. If a payment attempt is declined, your account may not reload, and your ability to use the associated transit services may be affected.
Modifying or Canceling Auto-Reload. You can disable or adjust Auto-Reload at any time through your account settings. Any reload or payment that has already processed prior to your modification or cancellation is non-refundable, except as required by applicable law or the Transit Agency Terms.
Limitations & Liability. We do not guarantee uninterrupted functionality of the Auto-Reload feature. If it is unavailable or a transaction fails, you remain responsible for manually reloading your account if you wish to continue using fare products. We shall not be liable for any damages, losses, or inconveniences arising from Auto-Reload feature failures, except as provided by law.
Refunds Governed by Transit Agency Terms. All refunds or returns of fare products, including partial credits or cancellations, are governed by the relevant Transit Agency Terms. TransitFare does not administer refunds for fare products sold or managed by a transit agency. If you have concerns regarding a refund, you should contact the applicable transit agency directly.
TransitFare’s Limited Involvement. We may help facilitate communication with the transit agency regarding refund or dispute requests, but we cannot guarantee a particular outcome. We bear no liability if a transit agency declines to issue refunds, credits, or other remedies.
Accepted Payment Methods. We (or our payment processor) may accept various forms of payment (e.g., credit cards, debit cards, digital wallets). Accepted payment methods will be disclosed at checkout.
Authorization. By providing a payment method, you represent and warrant that you have the right to use it and that any information you provide is accurate and complete.
Billing Errors. If you believe a billing or payment error has occurred, please notify us promptly at info@usetransit.com. We will cooperate with our payment processor and/or the relevant transit agency to investigate and correct legitimate errors.
Chargebacks. If you initiate a chargeback or payment dispute, we reserve the right to suspend or terminate your access to the Products (including the ability to purchase fare products) until the dispute is resolved.
No Endorsement or Warranty. We facilitate the purchase of fare products but do not endorse, warrant, or guarantee the quality, availability, or performance of any fare product or transit service. We are not responsible for any disruptions, route changes, or other service issues experienced by the transit agency.
Regulatory Compliance. Transit agencies are solely responsible for complying with any legal, regulatory, or licensing requirements applicable to their fares and services. TransitFare disclaims any liability for a transit agency’s failure to meet such requirements.
We reserve the right to update or modify our purchase and payment terms at any time. Such changes will apply to purchases and transactions made after the changes become effective, unless otherwise required by law or the applicable Transit Agency Terms.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND ALL RELATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR THAT ALL INFORMATION IS COMPLETE OR ACCURATE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF STATUTORY RIGHTS. SEE SECTION 19 FOR FURTHER JURISDICTION-SPECIFIC TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRANSITFARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SERVICE PROVIDERS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PRODUCTS. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED ONE HUNDRED AND FIFTY DOLLARS ($150 CAD OR USD EQUIVALENT).
CERTAIN JURISDICTIONS MAY NOT ALLOW THE ABOVE LIMITATIONS IN THEIR ENTIRETY. SEE SECTION 19 FOR FURTHER JURISDICTION-SPECIFIC TERMS.
You agree to indemnify, defend, and hold harmless TransitFare, its officers, directors, employees, agents, contractors, affiliates, service providers, licensors, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use or misuse of the Products, your violation of these Terms, or your violation of any applicable law or third-party rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully with our defense.
By using the Products, you consent to receive electronic communications from us, including emails, text messages, calls (including prerecorded messages), or push notifications. Standard data and messaging rates may apply. You can opt out of certain promotional messages by following the unsubscribe instructions in the communication. However, we may still send you important administrative messages (e.g., about your account or changes to these Terms).
If you use our UseTransit SMS service available at 47711, be aware that standard message and data rates may apply. Text “HELP” for assistance or “STOP” to opt out.
We may terminate or suspend your access to the Products at any time, with or without notice, for any reason. You may also discontinue use of the Products at any time. Upon termination, you must cease all use of the Products and remove any software or applications related to the Products from your devices. The provisions of these Terms that should survive termination (e.g., intellectual property, warranty disclaimers, limitation of liability, dispute resolution) will do so.
These Terms and any dispute or claim arising out of or relating to them or the Products are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict-of-law principles.
a) Mandatory Arbitration (Where Permitted)
Except where prohibited by law, any dispute arising from these Terms or your use of the Products
will be resolved by binding arbitration in Toronto, Ontario, in accordance with applicable
arbitration rules. The arbitration will be conducted on an individual basis and not as a
class or consolidated action. If your local laws prohibit mandatory arbitration for certain
disputes, see Section 19 for your jurisdiction-specific carve-outs.
b) Class Action Waiver (Where Permitted)
To the fullest extent allowed by law, you waive any right to participate in any class,
collective, or representative proceeding.
a) Assignment. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may freely assign or transfer these Terms in whole or in part.
b) No Waiver. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver. Any waiver of any provision shall be effective only if in writing and signed by an authorized representative of TransitFare.
c) Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
d) Third-Party Beneficiaries. Except as noted in Section 3(c) (Additional Terms for iOS) or if otherwise stated herein, these Terms do not create any third-party beneficiary rights.
e) Entire Agreement. These Terms, together with the Privacy Policy and any additional policies referenced, constitute the entire agreement between you and TransitFare concerning the Products and supersede all prior agreements or communications.
f) Language. The parties have expressly requested and required that these Terms
and all other related documents be drawn up in the English language.
(Les parties ont expressément demandé et exigé que la présente convention et tous les
documents qui s’y rapportent soient rédigés en langue anglaise.)
If you have any questions, concerns, or feedback regarding these Terms or the Products, please contact us at: