Tapp Pay Terms and Conditions

The following terms and conditions (the “Terms”) govern your access to, and use of, the Greater Dayton RTA Mobile Pay (“TAPP Pay”) provided by Greater Dayton RTA (“RTA”), with sales provided by Masabi LLC “Masabi”, including, without limitation, provision of the RTA software application (Transit App) and related products (including Mobile Passes, as defined below) and customer support services. For the purposes of these Terms, the meaning of “TAPP Pay” does not include any physical transit services provided in connection with the purchase and use of Mobile Passes.

Greater Dayton RTA reserves the right to modify these Terms at any time and in our sole discretion by posting revised Terms on http://www.i-riderta.org/. By using the Greater Dayton RTA Mobile Ticketing App, you are agreeing to accept these terms and conditions, as well as the general terms and conditions relating to the website managed by Greater Dayton RTA.

If you have any questions regarding the use of the TAPP Pay, please refer first to the Support and Communications section of these Terms. All other questions or comments about the ticket should be directed to the RTA Customer Services at http://www.i-riderta.org/.

**1. Mobile Ticketing**

A mobile pass refers to a type of pass valid for use on a Greater Dayton RTA operated vehicle, which are purchased only through Greater Dayton RTA’s mobile app on an iOS or Android device.

When a Mobile Ticket is purchased through the Transit App, the Mobile ticket will be placed in the ‘digital wallet’ section of the Transit App. The pass must be activated using the Transit App prior to boarding a transit vehicle.

You must display the previously activated Mobile Ticket immediately upon the request of a RTA official who will inspect or validate the Mobile Ticket, which may include electronic scanning. Any delay in displaying or failure to display the Mobile Ticket, including, but not limited to, your mobile device being in use for another reason at the time of inspection or validation is requested or required, may result in the RTA official issuing a violation ticket.

The security of your mobile phone or pass is your responsibility. In the event that the pass or your mobile phone is lost or stolen, Greater Dayton RTA will not provide a duplicate or replacement pass. Your mobile pass should be displayed clearly on the mobile phone screen when asked by a Greater Dayton RTA fare enforcement officer, police officer, or bus operator to view the mobile pass. The mobile pass must be retained during your entire trip on a Greater Dayton RTA operated vehicle. If you are unable to show a valid pass, you may be subject to a fine. If the mobile pass has been damaged or is not readable in any way, the pass becomes invalid and a new one must be purchased. If you delete the mobile ticket app you will also delete your mobile passes. If you reinstall the mobile ticket app on the same device it was deleted, your passes will be re-downloaded to the device. You cannot print or transfer mobile passes.

Your Greater Dayton RTA mobile pass will be sold to you via Greater Dayton RTA’s mobile pass partner, Masabi. The mobile pass itself creates a contract between you and Greater Dayton RTA for the provision of the transport services that the mobile pass allows you to use. It is Greater Dayton RTA that provides these services to you under the mobile pass and in no event will Masabi be responsible for or have any liability to you in relation to these services or their availability or performance (including your use or access to any Greater Dayton RTA operated vehicle, the Greater Dayton RTA network, your use of any services provided under your mobile pass or for your use of the mobile retail app).

**2. Prices and Receipts**

The price of a mobile pass is the same as a pass you purchase from any authorized selling location. When you purchase a mobile pass on the mobile ticketing app you will be notified of the price of the pass before you confirm your purchase. For more information on fares please visit the Greater Dayton RTA fare information web page located at http://www.i-riderta.org/.

**3. Reduced Fare**

When you purchase a reduced mobile pass on the mobile ticketing app you must be eligible for reduced fare eligibility and have a reduced fare card issued to you. For more information on reduced fares please visit these links: Greater Dayton RTA FAQ - http://www.i-riderta.org/how-to-ride/fares-passes

**4. Transit Mobile Application**

The RTA TAPP Pay, the Site, and the respective contents thereof are protected by US and international copyright, trademark laws, and other laws. Unauthorized use of the RTA TAPP Pay, the Site, or their respective contents may violate such copyright, trademark, and other laws.

You do not and will not own RTA TAPP Pay or any information that is provided to you through the RTA TAPP Pay, the Site, or by RTA or our third party service providers. However, you are granted the limited, non-exclusive, revocable, non-transferable license to download, install, and use the RTA TAPP Pay on your mobile device, and to access and use the Site, to purchase Mobile Passes and access certain information relating to the TAPP Pay system in accordance with these Terms.

The RTA TAPP Pay and the Site are provided to you free of charge, on an “as is” basis, and you use them at your own risk. RTA shall endeavor to use reasonable care and skill in providing the TAPP Pay, within a reasonable time, in accordance with these Terms. Otherwise, except as and where expressly provided in these Terms, RTA specifically disclaims any representations, endorsements, guarantees, and warranties regarding the RTA TAPP Pay, the Site, or their respective contents, or any other services or products provided in connection therewith, including any warranties that the TAPP Pay will be provided without interruption, or that the TAPP Pay or any associated content will be secure, accurate, current, complete, or error free.

All products, services, or content provided by third parties are provided “as is” and any representations or warranties of or concerning any such third party products, services, or content are strictly between you and the third party providers.

Greater Dayton RTA can suspend access to purchasing passes through the mobile application and can do so for any reason.

** 5. Registration**

If you wish to utilize TAPP Pay, you must first register for a user account. There are two registration options available to you on the RTA TAPP Pay and the Site.

If you choose the option to create an anonymous account, you will be required to provide an email address for the purpose of obtaining your purchase receipts only. If you choose to register for an account with full access to your transaction history and other information, in addition to an email address, you may be required to provide certain other information (“Registration Data”) about yourself, as well. The following conditions will apply to your provision of such Registration Data:

  • You agree that the Registration Data you provide 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 RTA TAPP Pay without notice to you.
  • 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 agree not to access or use, or attempt to access or use, the TAPP Pay or any part thereof using the identity or the Registration Data of any person other than yourself.
  • You agree to immediately notify RTA of any unauthorized use of your User ID or password.
  • From time to time, you may be asked via an email message from RTA or Masabi LLC, the RTA TAPP Pay App provider, to confirm your account or any Registration Data related thereto. If such information is not confirmed, your account may be deleted by RTA without notice to you. Once your account has been deleted, your account information may be retained or removed by RTA in accordance with the Privacy Act of 1974 (Pub.L. 93–579, 88 Stat. 1896, enacted December 31, 1974, 5 U.S.C. § 552a), a United States federal law.

** 6. Privacy**

RTA is subject to the Privacy Act of 1974 and strictly adheres to the principles contained therein. The Registration Data and any other personal information provided by you in connection with the RTA TAPP Pay will be used for the purposes of processing your user account registration, providing you with the RTA TAPP Pay (including support), and communicating with you regarding the RTA TAPP Pay and your account.

In order to make the RTA TAPP Pay available to you, we will need to share your information with some of our third party service providers, including the RTA TAPP Pay App provider (Masabi LLC), credit card payment processing agencies, and financial institutions. These parties may also need to collect certain financial and other additional information about you. Masabi LLC’s privacy policy (available at http://www.masabi.com/privacy-statement) explains how they will use the information which you have provided in connection with the TAPP Pay.

Further information with respect to RTA’s collection, use, and disclosure of personal information can be found at http://www.i-riderta.org/. By using the Site and the RTA TAPP Pay, you consent to the collection and use of your information in the manners and for the purposes as aforesaid. Please direct any inquiries regarding RTA’s use of this information to http://www.i-riderta.org/.

** 7. Methods of Payment**

Visa, Mastercard, and American Express Credit and Debit cards are all accepted forms of payment. Additional pay methods will be added over time as they become available and possible. All ticket prices indicated in RTA TAPP Pay are stated in US Dollars

 ** 8. Conditions of Use**

In connection with your use of the TAPP Pay, you agree that you will not:

  • restrict or inhibit any other user or other person from using the TAPP Pay, including, without limitation, by means of hacking or defacing any portion of the TAPP Pay;
  • use the TAPP Pay or any products provided by RTA in connection therewith for any unlawful purpose;
  • engage in any activity that could compromise the security of or disrupt or interfere with the RTA TAPP Pay or the Site;
  • transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive or harmful nature;
  • modify, adapt, copy, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the RTA TAPP Pay or the Site, or otherwise attempt to derive any source code or underlying ideas or algorithms or any part of the RTA TAPP Pay or the Site;
  • remove any copyright, trademark, or other proprietary rights notices contained within the RTA TAPP Pay or the Site;
  • use any robot, spider, offline reader, site search/retrieval application, or any other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the RTA TAPP Pay, the Site, or their respective content; or
  • take any action that imposes or may impose (in RTA‘s sole discretion) an unreasonable or disproportionately large load on RTA‘s infrastructure, or on the infrastructure of RTA’s third party providers.

** 9. Data charges**

The mobile ticketing app is free but data charges may be incurred to you by your cell phone network provider. The RTA TAPP Pay requires a correctly configured and functional wireless internet data connection, both for the initial download and installation onto a mobile device and for the purchase of Mobile Passes. You are responsible for any such costs. Greater Dayton RTA will not take responsibility for any connectivity issues you may experience. 

** 9. Support and communications**

If you have any questions or problems with the mobile applications, please review Greater Dayton RTA’s FAQs at http://www.i-riderta.org/for answers to the most common questions Greater Dayton RTA receives from its users. If that does not answer your questions please contact Greater Dayton RTA at 937-425-8300.

The RTA TAPP Pay will not work on all mobile devices. Currently supported device platforms include Apple iOS and Google Android. RTA makes no warranty or representation regarding the continued availability, content, or performance of such support. Download and operational success may depend on your device’s settings.

If you have any questions about or problems with the ticket, or RTA TAPP Pay or the Site in particular, please refer first to the FAQ sections of the RTA TAPP Pay and the Site. If the FAQs do not answer your questions or resolve your problems, please contact RTA Customer Services online at http://www.i-riderta.org/(please do not contact Masabi LLC or any distributor of the RTA TAPP Pay for a support request as they will not be able to assist you.)

RTA may send communications to you through RTA TAPP Pay or any email or phone number provided as part of Registration Data. These communications may include marketing material, technical, and support information, and information on updates or changes. By registering for an account through RTA TAPP Pay or the Site, you agree to allow RTA to provide you with such communications.

Please note that RTA may cease to operate and support RTA TAPP Pay, or a particular version of it, at any time. If this happens, you will be unable to access the TAPP Pay (or relevant versions of it) and you may be unable to download or install updates of RTA TAPP Pay. RTA may also require you to delete RTA TAPP Pay from your mobile device, or to remotely deactivate your account on your mobile device at any time and for any reason in RTA’s sole discretion.

**10. Availability & Updates**

The mobile pass can be used on Greater Dayton RTA transit routes. The travel is based on fare applicability on Greater Dayton RTA vehicles at the time of purchasing a pass. The mobile pass is valid when the ticket is activated on the mobile app after purchase. You may not start your trip on a Greater Dayton RTA vehicle until you have a valid pass. Once purchased, the mobile pass will specify the fare type, the validity of the pass and its expiration date.

Greater Dayton RTA reserves the right to issue updates to the mobile application, in which case you may not be able to continue use of the version of the mobile application installed on your mobile handset without downloading the latest update. Greater Dayton RTA recommends that you download and install all updates issued. Greater Dayton RTA is not liable for errors which become apparent in old versions of the mobile application.

RTA has the right, at our sole discretion, to suspend access to the tickets available through RTA TAPP Pay or the Site at any time and for any reason, with or without notice. Except when RTA suspects fraudulent activity or believes that you are seeking to access or use the tickets other than in accordance with these Terms, RTA will use reasonable efforts to only suspend access when carrying out maintenance on the RTA TAPP Pay, the Site, or the systems supporting them.

**11. Changes, Refunds and Pass Expiration**

The Greater Dayton RTA operates a no refund policy. Mobile passes cannot be changed, cancelled, or refunded. The decision to change, cancel or refund a mobile pass is made at Greater Dayton RTA’s sole and absolute discretion.

Neither Greater Dayton RTA nor Masabi shall be obliged to change, cancel, replace or refund a ticket where Greater Dayton RTA has reason to believe that the circumstances prompting the change, cancellation, replacement or refund is the result of fraud.

**12. Materials, Ownership and Restrictions on Use**

The mobile ticket app is operated by Greater Dayton RTA and is either owned by Greater Dayton RTA or its third party licensors (including without limitation Masabi) and any data, text, graphics, images, audio and video clips, logos, icons, software and links and any intellectual property and other rights relating thereto, are and will remain the property of Greater Dayton RTA or Masabi or their respective licensors. You may not copy (other than copies made incidentally on your mobile device in the course of your use of the mobile ticket app), reproduce, republish, upload, post, transmit or distribute the mobile ticket app or any of its content without the prior written permission of Greater Dayton RTA 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 mobile ticket app. Use or downloading of the mobile ticketing app is conditioned on acceptance of the terms and conditions of this agreement. By using or downloading the mobile ticketing app, you agree to such terms and conditions. To be clear, the mobile ticketing app is supplied to you by Greater Dayton RTA and neither Masabi nor any of Greater Dayton RTA’s other third party licensors shall have any liability to you arising out of or in connection with the mobile ticketing app.

Ohio law applies to these terms and conditions and users agree that any dispute between Greater Dayton RTA and the users of the mobile ticketing app regarding the mobile application or arising out of or in connection with these terms and conditions are subject to Ohio laws. The user of the mobile app understands that any information it submits under this Agreement is subject to public, unless exempt by law.

** 13. Liability Disclaimer**

RTA is not responsible for any loss or damage which you may suffer in relation to your use of RTA transit services in connection with Mobile Passes purchased through the RTA TAPP Pay or the Site (including delays, cancellations, or disruption to transit services). Any further terms and conditions imposed by RTA regarding transit services will apply to all such transit services provided to you in connection with Mobile Passes purchased through the RTA TAPP Pay or the Site and you should read such additional terms and conditions carefully.

All third party suppliers of products, services, or content accessible through links contained within the RTA TAPP Pay or the Site are independent entities and RTA is not responsible or liable for any wrongful act or omission on the part of any such third parties, for any products or services provided by such third parties, or for any of the content on such third party websites. If you decide to access linked third party websites, you do so entirely at your own risk. When you visit another site, please review their terms of use.

In no event will RTA be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of the use or misuse of, or inability to access or use, the RTA TAPP Pay, the Site, or any ticket or products provided in connection therewith, whether or not RTA has been advised of the possibility of or foreseen such losses or damages and howsoever caused or arising, whether based on breach of contract, tort (including negligence), product liability, or any other theory of legal liability.

12. Indemnity

You agree to indemnify, defend, and hold harmless RTA and its officials, officers, employees, contractors, and authorized agents and representatives from and against any liability, loss, damages, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind (including, without limitation, lawyers’ fees) in any way arising out of your use or misuse of, or inability to access or use, RTA TAPP Pay, the Site, or any ticket or products provided in connection therewith.

13. Termination

If you violate these Terms or any policies or guidelines posted on the RTA TAPP Pay or the Site, RTA will have the right to immediately terminate your license to use the ticket and all access to your account through RTA TAPP Pay and the Site. RTA reserves all of its other rights at law and in equity.

14. Other Terms

RTA may amend or update these Terms from time to time. Whenever you make a purchase via the RTA TAPP Pay or the Site, you will be asked to confirm your acceptance of the most up-to-date version of these Terms. If you do not agree to any changes RTA makes to these Terms, you should stop using the RTA TAPP Pay and the Site, as your use of the RTA TAPP Pay or the Site after the effective date of such changes will constitute your continued acceptance of these Terms, as updated.

These Terms (as may be amended, updated, or supplemented from time to time) are intended by RTA to set out the entire agreement between RTA and you with respect to your use of, and the provision by RTA, of the ticket. RTA recommends that you read them carefully to protect your own interests and to ensure that you understand your rights and obligations hereunder. The use of the ticket, and any purchase made through the RTA TAPP Pay or the Site, are governed by the laws in force in Ohio and the United States. You agree and submit to the exclusive personal jurisdiction and venue of the courts located in Dayton, OH. The United Nations Convention on Contracts for the International Sale of Goods will not apply.