Fast Fare Terms and Conditions

Metro Transit – Madison, Wisconsin

End User Terms and Conditions for Mobile App and Web Portal

Thank you for using the City of Madison’s bus service. The service is provided by Metro Transit, the transit agency of the City of Madison, Wisconsin.

These terms and conditions (“End User Terms”) apply to your usage of the App and use of tickets purchased through the App, at Metro Transit kiosks, or in-person sales locations. The word “App” in these terms means the mobile app and/or the website. The App is licensed to you by Metro Transit, with mobile ticket sales provided by Masabi LLC and their payment processors (together, “Masabi”). Metro Transit or Masabi may modify these End User Terms at any time. Such changes will not be retroactive. By using or downloading the App, you agree to be bound by these End User Terms.

IMPORTANT NOTICE:

YOU AGREE TO INDEMNIFY AND HOLD METRO TRANSIT, THE CITY OF MADISON, AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES, INCLUDING MASABI LLC HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES, OR LIABILITIES RELATING TO, ARISING FROM, OR AS A RESULT OF YOUR USE OR ACCESS TO THE APP.

License

Metro Transit grants you a license to download, install, access, and use the App on your device to purchase bus tickets or passes (“tickets”), purchase Stored Value ("Stored Value" refers to funds loaded onto your account using the App), access information about Metro Transit services, and/or to access and use the Fast Fare Web Portal for the same purposes. This license is subject to your compliance with these End User Terms and is limited, non-exclusive, and cannot be transferred. The App is free to use, but tickets to ride the bus require payment, except as provided herein (see “Discount Fares” below).

Once you have installed the App or accessed the web portal version of the App and created an account, you will be able to:

• Purchase or load Stored Value to your account
• Purchase tickets (such as individual tickets or monthly passes) for use on Metro Transit (including mobile or printed paper tickets)
• Use the Stored Value on your account to pay bus fare using either a mobile app or a linked smartcard

You do not and will not own the App, or any information or data provided in the App or by Metro Transit. You may not alter, modify, copy, tamper with, or transfer the App to other users.

Additional City Policies

All tickets purchased through the App are subject to:

• Riding Rules 
• Code of Conduct / Transit Exclusion Policy (“Code of Conduct”) 

Your use of the App is also subject to the City of Madison’s Privacy Policy. 

The Riding Rules, Code of Conduct, and Privacy Policy may be modified from time to time. Such changes will not be retroactive.

Rules of Use

Your mobile device or computer must have the required operating system and version.

Tickets are valid after you make your purchase. The price you pay will be valid for the duration on the ticket. To use a ticket, the ticket must be activated (enabled for use) prior to you boarding the bus. You will display or scan your ticket on a device onboard the bus. You might be asked to show your ticket or show use of Stored Value to an employee of Metro Transit or another authorized agent, employee, or contractor of the City of Madison.

An internet connection (wi-fi or data) will be required to activate your mobile tickets. Please allow enough time for the App to load before boarding the bus when using a mobile ticket or Stored Value. If you are unable to display your ticket or use Stored Value, you will be responsible for another acceptable form of payment to ride. You are responsible for all data charges when using the App with your mobile data provider.

When using the mobile app, make sure you have enough battery charge for your whole bus trip. Metro Transit is not responsible and will not refund or reimburse you for any loss if you do not have sufficient battery power on your device. Metro Transit is not responsible for your mobile device or computer functionality, display condition, including lack of power to display the proper information for payment functionality.

Metro Transit is not responsible for any refunds or credits as a result of card clashing. Card clashing happens when you accidently touch more than one bank card and/or Smart Card on the payment reader at the same time. You must keep your Contactless Payments and Smart Cards away from each other when utilizing the payment reader to ensure the correct fare is paid.

Where you register an account, you may be required to provide certain other information (“Registration Data”). The following conditions will apply all of your Registration Data:

• you agree that the Registration Data provided by you is accurate, complete and will be kept up-to-date. Failure to do so will constitute a breach of these Terms and may result in a termination of your account and access to the App without notice.
• you are responsible for maintaining the security and confidentiality of your account user identification (“User ID”) and password. You are solely responsible for all activities that occur through the use of your User ID, password, and mobile device.
• you shall not access or use or attempt to access or use the App using the identity or the Registration Data of any person other than your own.
• you agree to immediately notify Metro Transit of any unauthorized use of your User ID or password.
• you may be asked via an email message from Metro Transit or Masabi to confirm your Registration Data from time to time. If such information is not confirmed, your account may be deleted by Metro Transit. Once your account has been deleted, your account information may be retained or removed by Metro Transit in accordance with the Privacy Act of 1974 (Pub.L. 93–579, 88 Stat. 1896, enacted December 31, 1974, 5 U.S.C. § 552a).

Travel is based on fare applicability on Metro Transit services at the time of purchasing a ticket. Metro Transit reserves the right to issue updates to the App, in which case you may not be able to continue use of the version of the mobile application installed on your mobile device without downloading the latest update. Metro Transit recommends that you download and install all updates issued. Metro Transit is not liable for errors which become apparent in old versions of the mobile application.

Paper tickets: If printing your ticket, you are responsible for presenting a readable copy of your ticket for travel on the bus. If your paper ticket is not readable, you will be responsible to pay the fare to ride. Paper tickets may not be duplicated – customers are responsible for protecting paper tickets from fraudulent duplication.

Metro Transit can suspend your account, suspend your access to making purchases through the App, and may void your tickets or products (such as Stored Value) for violating these End User Terms, the Riding Rules the Code of Conduct, and/or the Privacy Policy linked above, or for fraudulent use or suspected fraudulent activity, unless it is contrary to law for Metro Transit or Masabi to do so.   

Your Data & Privacy

When using the App, purchasing Stored Value, or a Smart Card, you acknowledge and agree that both Metro Transit and Masabi will collect and store certain personal information about you and your travel including, but not limited to: name, email address, zip code, transaction history, payment history, debit and/or credit card details (stored by Masabi and/or their payment processors only) and travel history.

The collection, use, and security of any information obtained from you by Metro Transit when you use the App are subject to applicable privacy law and the Privacy Policy (see above).

You acknowledge and agree that although Masabi uses AWS servers located in the USA in order to provide the services offered by the App, your personal data may be accessed by Masabi employees or agents in locations outside the USA, including but not limited to the United Kingdom and Romania. By downloading or using the App you expressly consent to your personal data being accessed by Masabi employees or agents in locations outside the USA.

While Metro Transit and Masabi have taken steps to limit the exposure of user information to Google and Apple, Madison does not control the app store policies on Apple or Android devices. To wit, Google explicitly collects user information under Google’s privacy policy and related documentation, including but not limited to: device(s), browser(s), app use, language, social contacts, device settings, mobile carrier information, IP address (including for location purposes), crash reports, system activity, date, time, google server contacts, app installs, purchase activity, GPS data, location of activities, Wi-Fi access points, cell tower usage, Bluetooth devices, demographic information, health information, employment information, education, interest categories, cookies, other unique identifiers, and more. Under Google’s privacy policy they retain substantial rights to process this information, including analysis, combination, and other algorithmic, automated, machine learning, and artificial intelligence uses. While Google’s policy indicates at the time of these terms being published that Google anonymizes this data before selling to third parties, it is forseeable third parties may be able to reverse engineer some identifiers, including through the use of automated, machine learning, and artificial intelligence tools.

Discount Fares

Children under 5 may ride Metro Transit buses for free. Seniors 65 and older, people with disabilities, and children ages 5 to 17 are eligible for discount fares. 

For more information on discounts, please visit the Metro Transit fare information web page.

Metro Transit may discontinue or change these discounts at any time.

Support

If you have any questions or problems with the App, please review the FAQs. If that does not answer your question, please contact the Metro Transit Customer Service Center at (608) 266-4466 or email mymetrobus@cityofmadison.com.

Lost Devices

If you lose your device with a valid ticket saved on it, please call our customer support number at (608) 266-4466. Tickets and account value are associated with your device.  Value and account associations on your ticket will be transferred to your new phone/device. Metro Transit is not responsible for transactions or usage of your account between the time you lose your device and when Metro Transit is able to either block use or effectuate the transfer

Changes, Refunds, and Replacements

All refund requests will be reviewed on a case-by-case basis. Refunds will not be given for failure to have an internet connection or battery power on your device. The decision to replace, change, or issue refunds for a ticket, Smart Card, or account is made at Metro Transit's sole discretion. Neither Metro Transit nor Masabi are obliged to refund, replace, change, or cancel, a ticket when Metro Transit or Masabi has reason to believe that the circumstances prompting the replacement, change, cancellation, or replacement is the result of fraud.

If the mobile ticket has been damaged, corrupted, or is not readable in any way, it becomes invalid and a new one must be purchased. If you delete the App, you will also delete your mobile tickets. If you reinstall the App on the same device it was deleted, your tickets may be downloaded to the device. You cannot print or transfer mobile tickets.

Termination and Inactive Accounts

If you violate these Terms or any policies or guidelines posted on the App, then Metro Transit shall have the right to immediately terminate your access or block Contactless Payments accounts to use the App and all access to your account or Smart Card. Metro Transit reserves all other rights at law and in equity.

An “Inactive Account” occurs when an account has been inactive for more than one year. Metro Trasnit reserves the right to close Inactive Accounts, and remaining tickets or Stored Value in the Inactive Account may become the property of the Metro Transit.

Governing Law and Forum

Wisconsin law applies to these end user terms.  You agree that any dispute between you and the City of Madison, Wisconsin’s Metro Transit regarding the App or arising out of or in connection with these end user terms that cannot be resolved through informal discussions must be brought in a court of competent jurisdiction in Dane County, Wisconsin.

Materials, Ownership and Restrictions on Use

The mobile ticket app is operated by Metro Transit and is owned by Metro Transit or its third party licensors (including without limitation Masabi) and any data (excluding your Personal Information), text, graphics, images, audio and video clips, logos, icons, software and links and any intellectual property and other rights relating thereto within or provided by the App (together the “Content”) , are and will remain the property of Metro Transit or Masabi or their respective licensors. You may not copy (other than copies made incidentally on your device in the course of your use of the App), reproduce, republish, upload, post, transmit or distribute the mobile ticket app or any of its content without the prior written permission of Metro Transit and its licensors. Nor may you: (i) reverse engineer, decompile or seek to obtain the source code to the mobile ticket app except where and to the extent expressly required to be permitted by applicable law; or (ii) make or seek to make derivative works based on the App.

Liability Disclaimers

In addition to the Important Notice at the beginning of these terms, the following disclaimers apply to the fullest extent allowable by law:

Metro Transit provides the services to you under the App, not Masabi, LLC.

Masabi LLC is not responsible for and shall have no liability to you in relation to these services or their availability or performance (including your use or access to any Metro Transit vehicle, the Metro Transit network, your use of any services provided under the App or for your use of the App.)

In no event will the City of Madison, Wisconsin, Metro Transit, or Masabi, LLC be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the App, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.  Neither Metro Transit nor Masabi shall be liable for any damage or alteration to your mobile device, computer, hand-held device, mobile telephone, or any other equipment as a result of the installation or use of the App or any tickets. Nothing in these terms and conditions shall exclude or limit a person’s liability for any liability which cannot be excluded or limited under applicable law.

In accordance with app store requirements, these terms are exclusively between Metro Transit, Masabi, and you. Apple and/or Google shall not be responsible for, and shall not have any liability under these terms or any breach of these terms by Metro Transit, Masabi, and/or you. Additional Google and/or Apple terms apply, and may be found through their respective App Stores, websites, or other agreements.

Additional Apple Terms

For Apple Device or Apple App Store users, Madison is required to include the following terms:

1. Acknowledgement: Metro Transit and you acknowledge that these terms are concluded between Metro Transit and you only, and not with Apple. Metro Transit, not Apple, is solely responsible for the App and the content thereof. These End User Terms may not provide for usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions or the Volume Content Terms.

2. Scope of License: The license granted to you for the App must be limited to a non-transferable license to use the App on any Apple branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such the App may be accessed, acquired, and used by other accounts associated with the purchaser via

Family Sharing, volume purchasing, or Legacy Contacts.

3. Maintenance and Support: Metro Transit is solely responsible for providing any maintenance and support services with respect to the App, as specified in the these End User Terms, or as required under applicable law. Metro Transit and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

4. Warranty: Metro Transit is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Metro Transit’s sole responsibility.

5. Product Claims: Metro Transit and you acknowledge that Metro Transit, not Apple, is responsible for addressing any claims of the your or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

6. Intellectual Property Rights: Metro Transit and you acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, you and Metro Transit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7. Legal Compliance: You must represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Address: Metro Transit’s contact information is included above.

9. Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the App.

10. Third-Party Beneficiary: Metro Transit and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these End User Terms, and that, upon the your acceptance of these End User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these End User Terms against you as a third-party beneficiary thereof.