GREATER DAYTON REGIONAL TRANSIT AUTHORITY TAPP PAY PROGRAM TERMS AND CONDITIONS FOR PREPAID ACCOUNTS 

The following terms and conditions (the “Terms”) govern the access to, and use of, the Greater Dayton RTA Fare Payment System (“Tapp Pay”) as a participant (in their individual capacity, “Participant” or generally, the “Participants”) for services provided by Greater Dayton RTA (“RTA”), with sales provided by Masabi LLC (“Masabi”), including, without limitation, provisions of the RTA software application (“Transit App”), related products, and customer support services. For the purposes of these Terms, Tapp Pay does not include any physical transit services provided in connection with the purchase and use of Account-Based Payments (defined in Section 1). 

The RTA reserves the right to modify these Terms at any time and in its sole discretion by posting revised Terms on http://www.i-riderta.org/tapppay. By using the Transit App, Participants agree to accept these terms and conditions, as well as the general terms and conditions relating to Tapp Pay Webpage managed by the RTA and the Tapp Pay Hub managed by Masabi (the “Tapp Pay Hub and Webpage”). 

1. Account-Based Payments 

RTA shall utilize, two pre-paid mechanisms to receive payment: (1) a mobile account (“Mobile Account”) or (2) a physical smartcard account (“Smartcard Account”), which when accounts are loaded with appropriate value by the Participant, that value is valid for use on a RTA operated vehicle. 

Mobile Account value may be loaded to a Mobile Account, through the following mechanisms by using the Transit App on an iOS or Android device: 

a. Transit App via a Participant’s valid debit or credit card; 

b. Cash via RTA approved third party retail cash conversion outlets (“Tapp Pay Outlet Locations”); 

c. Credit or debit card at select Tapp Pay Outlet Locations; or 

d. RTA Payment Kiosk, where a minimum transaction amount of $3.00 is required and the full $3.00 value is added to the Participant’s account balance (subject to change). 

Smartcard Account value may be loaded to the Participant’s Smartcard Account, through the following mechanisms by using a Tapp Pay smartcard: 

a. RTA’s Tapp Pay Hub and Webpage; 

b. Cash at Tapp Pay Outlet Locations; 

c. Credit or debit card at select Tapp Pay Outlet Locations; or 

d. RTA Payment Kiosk, where a minimum transaction amount of $3.00 is required and the full $3.00 value is added to the Participant’s account balance (subject to change). 

Physical smartcards for Participants wanting to utilize a Tapp Pay Smartcard Account are available at RTA Payment Kiosks, and select Tapp Pay Outlet Locations. RTA is not responsible for the availability of Tapp Pay Outlet Locations including hours and locations, or the availability of smartcards at Tapp Pay Outlet Locations. Tapp Pay Outlet Locations are not staffed with RTA employees and have no direct affiliation with RTA, therefore RTA is not responsible for any actions of Tapp Pay Outlet Locations employees or events that may occur while at Tapp Pay Outlet Locations.  

Participants shall load value to their Mobile Account through the Transit App. Mobile Account value will be placed in the ‘digital wallet’ section of the Transit App. The appropriate Mobile Account balance must be loaded, available and must be activated using the Transit App prior to boarding a transit vehicle. RTA is not responsible for any Participant’s mobile device functionality, display condition, including lack of power to display the proper information for proper payment of fare. 

RTA’s Code of Conduct and Rules of the Road establishes reasonable expectations with regards to behavior for all Participants on RTA vehicles or property. Participants, prior to boarding the vehicle, are responsible for providing a valid Mobile or Smartcard Account payment, ensuring an appropriate account balance, and providing proof of eligibility when obtaining a reduced fare is required. 

Participants shall display the Mobile Account balance or provide their physical smartcard immediately upon the request of an RTA employee, who will inspect or validate the Mobile or Smartcard Account, which may include electronic scanning. Any delay in displaying or failure to display the Mobile or Smartcard Account, including, but not limited to a Participant’s mobile device or smartcard being in use for another reason at the time of inspection or validation is requested or required, any person's failure to comply may result in removal from the vehicle or property, prohibition from RTA's facilities and services (including vehicles) in the future, criminal prosecution, and further penalty as outlined in Ohio Revised Code 306.99. 

The security of a Participant’s mobile phone, physical smartcard, Mobile Accounts, and Smartcard Accounts are each Participant’s responsibility. The RTA assumes no responsibility for lost or stolen mobile devices or smartcards. The RTA will not provide a duplicate or replacement Mobile or Smartcard Account. A Participant shall not print or transfer Mobile Accounts. 

Each Participant who downloads the Transit App or utilizes a smartcard creates a contract with the RTA for transport services. RTA hereby indemnifies Masabi for any liability to any Participant in relation to these services or their availability or performance (including any Participant’s use or access to any RTA operated vehicle, the RTA network, any Participant’s use of any services provided of a Mobile or Smartcard Account or for any Participant’s use of the Transit App). 

**2. Prices and Receipts** 

A minimum single transaction amount of $1.00 must be loaded to the Participants Mobile or Smartcard Account, with a maximum single transaction amount of $100.00. Section 1 describes the mechanisms in which value can be loaded to the account. 

Participants shall keep a balance equivalent to that of the RTA’s required standard fare payment to board the vehicle. Participants holding a negative Mobile or Smartcard Account balance shall be denied boarding on the vehicle for having insufficient funds available, unless the account is fare capped, in which a positive balance is required following the completion of the fare capped period. Participants shall pay all costs, including attorney’s fees, incurred by the RTA to collect any monies due under Tapp Pay. 

For more information on fares please visit the Greater Dayton RTA fare information web page located at http://www.i-riderta.org/how-to-ride/fares-passes. 

**3. Paratransit and Reduced Fare** 

Participants eligible for Paratransit or Reduced Fare may be required to show the RTA driver applicable identification following Mobile or Smartcard Account payment on-board the vehicle, as indicated by the Tapp Pay payment reader.  

Participants are responsible for identifying their Mobile or Smartcard Account as Paratransit or Reduced Fare when loading value to their account through the mechanisms described in Section 1. RTA is not responsible for refunding or crediting Mobile or Smartcard Account balances due to the Participants failure to properly identifying their account at the time of any Tapp Pay transaction. 

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 App Mobile Application and Tapp Pay Hub and Webpage** 

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

No Participant owns any portion of Tapp Pay or any information that is provided through Tapp Pay, the Tapp Pay Hub and Webpage, or by RTA or its third-party service providers. However, each Participant is granted the limited, non-exclusive, revocable, non-transferable license to download, install, and use the Tapp Pay on the Participant’s mobile device, and to access and use the Tapp Pay Hub and Webpage, to utilize or load value to the Participants Mobile Account and access certain information relating to the Tapp Pay system in accordance with these Terms. 

Tapp Pay and Tapp Pay Hub and Webpage are provided on an “as is” basis, and each Participant uses them at the Participant’s 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 Tapp Pay, the Tapp Pay Hub and Webpage, 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. 

** 5. Registration** 

Participants should choose one Tapp Pay account type, either a Mobile Account or a Smartcard Account. Participants choosing a Smartcard Account are not required to register, and remain anonymous, however the Participant will lose the ability for RTA to temporarily close the account in the event of a lost or stolen smartcard or have the availability to potentially other promotional offers and account benefits made through information gained during the registration process. 

If a Participant opts to utilize a Mobile Account, the Participant must first register for an Account on the Transit App.  

When a Participant registers a Mobile Account with full access to the Participant’s transaction history and other information, in addition to an email address, the Participant may be required to provide certain other information (“Registration Data”) about the Participant. The following conditions will apply all of the Participant’s Registration Data: 

The Participant agrees that the Registration Data the Participant provides 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 the Participant’s account and access to Tapp Pay without notice. 

The Participant is responsible for maintaining the security and confidentiality of the Participant’s account user identification (“User ID”) and password. The Participant is solely responsible for all activities that occur through the use of the Participant’s User ID, password, and mobile device. 

The Participant shall not access or use, or attempt to access or use, Tapp Pay or any part thereof using the identity or the Registration Data of any person other than the Participant. 

The Participant agrees to immediately notify RTA of any unauthorized use of the Participant’s User ID or password. 

From time to time, the Participant may be asked via an email message from RTA, Masabi, or Transit App, to confirm the Participant’s account or any Registration Data related thereto. If such information is not confirmed, the Participant’s account may be deleted by RTA without notice. Once the Participant’s account has been deleted, the Participant’s 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. 

If a Participant opts to utilize a Smartcard Account, registration is available through the Tapp Pay Hub and Webpage. 

When a Participant chooses to register for a Smartcard Account with full access to the Participant’s transaction history and other information, in addition to an email address, the Participant may be required to provide certain other information (“Registration Data”) about the Participant, as well. The following conditions will apply all of the Participant’s Registration Data: 

The Participant agrees that the Registration Data the Participant provides 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 the Participant’s account and access to Tapp Pay without notice. 

The Participant is responsible for maintaining the security and confidentiality of the Participant’s account user identification (“User ID”) and password. The Participant is solely responsible for all activities that occur through the use of the Participant’s User ID, password, and smartcard. 

The Participant shall not access or use, or attempt to access or use, Tapp Pay or any part thereof using the identity or the Registration Data of any person other than the Participant. 

The Participant agrees to immediately notify RTA of any unauthorized use of the Participant’s User ID or password. 

From time to time, the Participant may be asked via an email message from RTA or Masabi, to confirm the Participant’s account or any Registration Data related thereto. If such information is not confirmed, the Participant’s account may be deleted by RTA without notice. Once the Participant’s account has been deleted, the Participant’s 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 the Participant in connection with Tapp Pay will be used for the purposes of processing the Account, providing the Participant with Tapp Pay (including support), and communicating with the Participant regarding the Tapp Pay and the Participant’s account. 

In order to make the Tapp Pay available to Participants, RTA will need to share Participants’ information with some of its Tapp Pay Outlet Locations, including Masabi, Transit App, credit card payment processing agencies, and financial institutions. These parties may also need to collect certain financial and other additional information about you. Masabi’s privacy policy (available at http://www.masabi.com/privacy-statement) explains how it will use the information which the Participant has provided in connection with Tapp Pay. 

By using the Tapp Pay, Transit App, Payment Kiosks, Tapp Pay Outlet Locations, Tapp Pay Hub and Webpage and Tapp Pay, Participants consent to the collection and use of Participants’ information in the manners and for the purposes as aforesaid. Please direct any inquiries regarding RTA’s use of this information to [email protected] or by calling 937-425-8300. 

**7. Conditions of Use** 

In connection with the use of Tapp Pay, each Participant shall not: 

restrict or inhibit any other user or other person from using Tapp Pay, including, without limitation, by means of hacking or defacing any portion of Tapp Pay; 

use 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 Tapp Pay or Tapp Pay Hub and Webpage; 

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 Tapp Pay or the Tapp Pay Hub and Webpage, or otherwise attempt to derive any source code or underlying ideas or algorithms or any part of Tapp Pay or the Tapp Pay Hub and Webpage; 

remove any copyright, trademark, or other proprietary rights notices contained within Tapp Pay or the Tapp Pay Hub and Webpage; 

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 Tapp Pay, the Tapp Pay Hub and Webpage, 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. 

** 8. Data Charges** 

The Transit App is free, but data charges may be incurred to each Participant by the Participant’s cell phone network provider. 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 use of a Mobile Account. The Participant is responsible for any such costs. The RTA will not take responsibility for any connectivity issues the Participant may experience.  

** 9. Support and Communications** 

If Participant has any questions or problems with Tapp Pay, its mobile applications or smartcards, please review RTA’s FAQs at http://www.i-riderta.org/tapppay for answers to the most common questions RTA receives from its users. If that does not answer the Participant’s questions please contact RTA at 937-425-8300 or via email at [email protected]. However, in some rare instances, Participants may be asked by RTA staff to contact Transit App or Masabi. RTA is not responsible for contacting Tapp Pay Retail Outlets on behalf of the Participant or the Participant’s credit card provider or financial institution. 

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 the Participant’s device’s settings. 

RTA, Transit App or Masabi may send communications to Participants through 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 the Transit App or Tapp Pay Hub Webpage, each Participant agrees to allow RTA, Transit App or Masabi to provide Participants with such communications. 

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

**10. Availability & Updates** 

The RTA reserves the right to issue updates to the Transit App and Tapp Pay Hub and Webpage, in which case a Mobile Account Participant may not be able to continue use of the version of the mobile application installed on the Participant’s mobile device without downloading the latest update. RTA recommends that each Participants downloads and installs all updates issued. The RTA is not liable for errors which become apparent in old versions of the mobile application, Tapp Pay Hub and Webpage. 

RTA has the right, at our sole discretion, to suspend access to the Mobile or Smartcard Account available through Transit App, or Tapp Pay Hub and Webpage at any time and for any reason, with or without notice. Except when RTA suspects fraudulent activity or believes that a Participant is seeking to access or use the Mobile or Smartcard Account other than in accordance with these Terms, RTA will use reasonable efforts to only suspend access when carrying out maintenance on the Tapp Pay, the Tapp Pay Hub and Webpage, or the systems supporting them by Transit App and Masabi. 

**11. Changes, Refunds and Account Balance Expiration** 

The RTA has a no-refund policy. Any Mobile and Smartcard Account transactions cannot be changed, cancelled, or refunded. The decision to change, cancel or refund a Mobile or Smartcard Account transaction is made at RTA’s sole and absolute discretion. 

Neither RTA nor Transit App, Masabi or Tapp Pay Outlet Locations shall be obliged to change, cancel, replace, or refund an a Mobile or Smartcard Account where 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 Transit App and Tapp Pay Hub and Webpage are not directly operated by the RTA and is owned by its third-party licensors (including without limitation, Masabi and Transit App) 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 the RTA, Transit App or Masabi or their respective licensors. Participants shall not copy (other than copies made incidentally on a Participant’s mobile device or other computing device in the course of a Participant’s use of the Transit App or Tapp Pay Hub and Webpage, reproduce, republish, upload, post, transmit or distribute the Transit App or the Tapp Pay Hub and Webpage or any of its content without the prior written permission of the RTA and its licensors. Participants shall not: (i) reverse engineer, decompile or seek to obtain the source code to the Transit App or Tapp Pay Hub and Webpage 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 Transit App. Use or downloading of the Transit App or Tapp Pay Hub and Webpage is conditioned on acceptance of the Terms. By using or downloading the Transit App, Participants agree to the Terms. The Transit App and Tapp Pay Hub and Webpage is supplied to Participants by the RTA and RTA shall not have any liability to Participants arising out of or in connection with the Transit App or Tapp Pay Hub and Webpage. 

Ohio law applies to these terms and conditions and users agree that any dispute between the RTA and the users of the Transit App or Tapp Pay Hub and Webpage regarding the mobile application or arising out of or in connection with these Terms. Participants understand that any information it submits under this Agreement is subject to public disclosure, unless exempt by law. 

** 13. Liability Disclaimer** 

RTA is not responsible for any loss or damage which any Participant may suffer in relation to the use of RTA transit services in connection with Tapp Pay Mobile and Smartcard Accounts, Tapp Pay Outlet Locations, Payment Kiosk s, Transit App, or the Tapp Pay Hub and Webpage (including delays, cancellations, or disruption to transit services). Any further Terms imposed by the RTA regarding transit services will apply to all such transit services provided to in connection with Mobile and Smartcard Accounts accessed through those mechanisms described in Section 1 and Participants should read such additional terms and conditions carefully. 

All third-party suppliers of products, services, or content accessible through links contained within Tapp Pay, Transit App, Tapp Pay Outlet Locations, or the Tapp Pay Hub and Webpage 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 a Participant decides to access linked third-party websites, the Participant does so entirely at the Participant’s own risk. When you visit another site, please review their terms of use. 

The RTA shall not 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 Tapp Pay, Transit App, Tapp Pay Outlet Locations, Payment Kiosk s, the Tapp Pay Hub and Webpage, or any Mobile or Smartcard Accounts, 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.  

**14. Indemnity** 

Participants 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, Tapp Pay, Transit App, Tapp Pay Outlet Locations, Payment Kiosk s, the Tapp Pay Hub and Webpage, or any Mobile or Smartcard Accounts, or products provided in connection therewith . 

**15. Termination and Inactive Accounts** 

If a Participant violates these Terms or any policies or guidelines posted on the Transit App, Tapp Pay or the Tapp Pay Hub and Webpage, then RTA shall have the right to immediately terminate the Participant’s license to use the Transit App and all access to your Mobile or Smartcard Account through Tapp Pay and the Tapp Pay Hub and Webpage. RTA reserves all of its other rights at law and in equity. 

An “Inactive Account” occurs when a Participant’s Account or any other account has been inactive for more than one year. If the RTA closes an Inactive Account, the remaining funds in the Inactive Account shall become the property of the RTA and the Account will be closed. 

**16. Other Terms** 

RTA may amend or update these Terms from time to time. Whenever a Participant makes a transaction via Tapp Pay, Transit App or the Tapp Pay Hub and Webpage, the Participant will be asked to confirm the Participant’s acceptance of the most up-to-date version of these Terms. If the Participant does not agree to any changes, the Participant shall not be permitted to use Tapp Pay, Transit App and/or the Tapp Pay Hub and Webpage. 

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 Participants with respect to Participants’ use of, and the provision by RTA, of the Transit App. RTA recommends that each Participant read them carefully to protect the Participant’s own interests and to ensure that the Participant understands the Participant’s rights and obligations hereunder. The use of Mobile and Smartcard accounts, and any transactions made through the mechanisms described in Section 1, 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 shall not apply. 

If a Participant has any questions regarding the use of Tapp Pay, please refer first to the Support and Communications section of these Terms. All other questions or comments about Tapp Pay should be directed to the RTA Customer Services at 937-425-8300 or by email at [email protected].