1. Agreement to Terms
These Terms of Service and End User License Agreement (“Terms” or “Agreement”) constitute a legally binding agreement made between you (“User”, “you”) and TransitTracker (“Developer”, “we”, “us”, or “our”), concerning your access to and use of the TransitTracker mobile application (the “App”).
By downloading, installing, or using TransitTracker, you agree that you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST UNINSTALL AND CEASE USE IMMEDIATELY.
2. STRICT DISCLAIMER OF TRANSIT DATA & NO GUARANTEE
TransitTracker is an independent real-time tracking, estimation, and visualization tool. Real-time vehicle positions, arrival estimates (ETAs), route paths, and departure schedules are derived from public Open Data feeds provided by regional transit agencies and third-party services.
- Informational Purpose Only: All transit schedules, live vehicle markers, and trip estimates are provided solely for general informational and convenience purposes.
- No Reliability Guarantee: Transit vehicle coordinates, arrival predictions, and route geometries may be delayed, inaccurate, intermittent, altered, or unavailable due to GPS signal loss, hardware errors, network latency, cellular blind spots, municipal feed disruptions, adverse weather, vehicular breakdowns, detours, or police/emergency interventions.
- Independent Status: TransitTracker is a completely independent application and is NOT affiliated with, sponsored by, authorized by, or endorsed by any public transit agency, including but not limited to the Toronto Transit Commission (TTC), Metrolinx, Brampton Transit, York Region Transit (YRT), Calgary Transit, TransLink, Société de transport de Montréal (STM), or OC Transpo.
UNDER NO CIRCUMSTANCES SHALL THE DEVELOPER BE LIABLE FOR ANY MISSED CONNECTIONS, DELAYED ARRIVALS, CANCELED TRIPS, MISSED FLIGHTS, TRAIN DEPARTURES, EMPLOYMENT DISRUPTIONS, MISSED JOB INTERVIEWS, LOST SALARY, MEDICAL APPOINTMENT DELAYS, OR ANY OTHER ECONOMIC, FINANCIAL, PROFESSIONAL, OR PERSONAL HARDSHIP RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF, OR RELIANCE UPON, DATA PRESENTED IN THIS APP. USERS ASSUME SOLE RESPONSIBILITY FOR PLANNING THEIR COMMUTE AND DEPARTING WITH ADEQUATE BUFFER TIME.
3. End User License Agreement (Apple EULA Requirements)
This Agreement incorporates the terms required by Apple Inc. (“Apple”) for applications distributed through the Apple App Store:
- Acknowledgment: You and the Developer acknowledge that this Agreement is concluded between you and the Developer only, and not with Apple, and the Developer, not Apple, is solely responsible for the App and the content thereof.
- Scope of License: The license granted to you for the App is 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.
- Maintenance and Support: The Developer is solely responsible for providing any maintenance and support services with respect to the App. You and the Developer acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty: The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
- Product Claims: You and the Developer acknowledge that the Developer, not Apple, is responsible for addressing any claims of the end-user 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, privacy, or similar legislation.
- Intellectual Property Rights: You and the Developer 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, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-Party Terms: You must comply with applicable third-party terms of agreement when using the App (for example, you must not violate your wireless data service agreement when using the App).
- Third-Party Beneficiary: You and the Developer acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
4. Subscriptions, In-App Purchases & Billing
TransitTracker offers an optional auto-renewable subscription, “TransitTracker Pro”, providing complete live transit fleet access and removing advertisements.
- Pricing & Trials: TransitTracker Pro is offered at $2.99 USD per month (or local currency equivalent as determined by the Apple App Store), with an optional 7-day free trial period for eligible new subscribers.
- Payment: Payment will be charged to your Apple ID account at confirmation of purchase or following the expiration of the free trial period.
- Automatic Renewal: Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current monthly billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription rate.
- Managing Subscriptions: You can manage or cancel your subscription at any time by going to your iOS Device Settings > [Your Apple ID Name] > Subscriptions.
- Forfeiture of Free Trial: Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that publication, where applicable.
- Refunds: All payments and refunds are processed exclusively by Apple in accordance with Apple Media Services Terms and Conditions. The Developer cannot directly issue refunds for in-app purchases.
5. User Conduct and Restrictions
You agree not to:
- Decompile, reverse engineer, disassemble, or attempt to derive the source code of the App.
- Scrape, crawl, harvest, or systematically extract transit data, vehicle coordinates, or API feeds from the App or its backend servers.
- Use the App in any manner that could disable, overburden, damage, or impair our infrastructure or interfere with any other user’s enjoyment of the App.
- Use the App for any illegal, dangerous, or unauthorized purpose, including while operating a motor vehicle without hands-free equipment or in violation of local traffic and safety laws.
6. DISCLAIMER OF ALL WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRANSITTRACKER, ITS DEVELOPERS, OR AFFILIATES BE LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, MISSED TRAVEL, LATE PENALTIES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE).
IN NO EVENT SHALL THE DEVELOPER’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APPLICATION OR SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) TEN DOLLARS ($10.00 CAD).
8. Indemnification
You agree to defend, indemnify, and hold harmless TransitTracker, its developers, and their respective contractors, agents, officers, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the App.
9. Governing Law & Jurisdiction
These Terms and your use of the App shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You agree to submit to the personal and exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.
10. Changes to Terms
We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide notice by updating the “Effective Date” at the top of this document. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.
11. Contact Information
For any questions, claims, or feedback regarding the App or these Terms, please contact:
TransitTracker Legal & Support
Email: support@transittracker.app