This ConnectSmart™ application provides personalized and contextual relevant traveler information, options to connect with other travelers to coordinate and arrange carpooling,  connections to third-party transportation service providers, and incentives to users so they can make informed decisions about their mobility options, improve transportation system efficiency and reduce environmental emissions. To utilize the ConnectSmart™ application, you have to agree to be bound by these Terms of Service.

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ConnectSmart™ is an application service owned by the State of Texas acting by and through the Texas Department of Transportation Houston  with a current address of 3040 Post Oak Blvd., Suite 1800-136, Houston, TX 77056 (“TxDOT HOU”) and operated by Metropia, Inc. and its affiliates (“Metropia,” TxDOT HOU and Metropia, collectively referred to as “Application Provider”, “we,” “us,” or “our”). These ConnectSmart™ application Terms of Service including all addenda attached hereto or made part hereof now or at a later time,  (these “Terms of Service” or this “Agreement”) are a legally binding agreement between you and Application Provider that governs your use of the ConnectSmart™ application, including, without limitation, access to and the use of supporting ConnectSmart™ websites (the “Service”). Whenever these Terms of Service mention “Application Provider,” "we," "our," or "us," they are referring to Metropia and TxDOT HOU.  Whenever these Terms of Service mention "ConnectSmart™," they are referring to the ConnectSmart™ application and our related Service.

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Please read the terms and conditions of this Agreement carefully before downloading, installing, registering for, or using the Service.

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By using the Service or accessing the Service, you expressly accept this Agreement and all of its terms, and you agree to abide by them. In accepting this Agreement, you (a) acknowledge that you have read and understand this Agreement; (b) consent to this Agreement; and (c) agree to be legally bound by this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service.  In addition, by using the Service, you signify your acknowledgement of the ConnectSmart™ Privacy Policy located at https://www.connectsmartmobility.com/privacy-policy (as modified or amended from time to time, the “Privacy Policy”). The Privacy Policy is subject to modification or amendment from time to time in accordance with the terms set forth in the Privacy Policy. 

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The Service is a mobile application that provides information, tools, and functionality to help users discover routes and connect with third-party transportation providers. Application Provider (a) is not a transportation carrier, broker, or agent; (b) does not provide, control, or operate any transportation services; (c) is not a party to, and disclaims all responsibility for, any agreements or dealings between users and third parties; and (d) does not verify the licensing, registration, insurance, qualifications, or compliance of any third party. All transportation services are provided by independent third parties at your direction and risk.

 

1. Eligibility

The full scope of the Service is intended for use by users who are eighteen (18) years of age or older and with the legal capacity to form legally binding contracts under applicable law and register an account with us; however, with parental or guardian consent certain information only access to maps and other public transit information can be made available to users under the age of eighteen, but not younger than the age of thirteen. By using the Service, you represent and warrant that you are eighteen (18) years of age or older, or that such parent or guardian has consented to such limited information only access for users who are between eighteen (18) years and thirteen (13) years of age. 

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Users that do not register an account with us are considered “Guest Users” and as such, Guest Users shall be over the age of eighteen (18) and shall not be entitled to access certain features that a fully registered user may have. Accordingly, we may determine in our discretion at any time and without notice which features are accessible to a Guest User, and a Guest User’s access to a particular feature or features does not guaranty or constitute a right to continuing access to such feature or features. Notwithstanding the foregoing, all Guest Users shall be subject to the continuing obligations of registered users in all other regards under these Terms of Service and the Privacy Policy. The Service is not to be used to transport or coordinate the transportation of unaccompanied minors.

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2. ConnectSmart™ Account and Contact Information

You will be required to create a ConnectSmart™ account to be able to use all of the features of the Service. When you create a ConnectSmart™ account via the Service, you will be providing your name, phone number, and email address (VoIP phone numbers are not eligible). You may also register for a ConnectSmart™ account by using your Google or Apple ID.

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You are personally responsible for any use of the Service through your ConnectSmart™ account. You agree to provide and maintain true, accurate, complete, and up-to-date information in your ConnectSmart™ account, and the Application Provider may rely on the information that is in your ConnectSmart™ account. You agree to create and use only one ConnectSmart™ account, and that creating multiple accounts is a violation of these terms. If you wish to terminate the Service and your ConnectSmart™ account, please follow the steps in Section 15 below.

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In addition, when you use the feature of the Service that enables you to arrange for carpooling or book a service with any third-party services provider (e.g., Metropolitan Transit Authority of Harris County, Uber, Lyft, other users offering carpooling to you) (each, a “Transportation Service Provider”), who provides its transportation services, transportation logistics services, ride hailing services, parking services or related services (collectively, “transportation services”) to you through such feature, you may be asked to provide your name and phone number to facilitate the Service.

 

3. Your Responsibilities as a User of the Service

• You acknowledge that if you disable certain functionalities of the Service, including without limitation location services, the Service will not function as intended. 

• You are solely responsible for maintaining the confidentiality of your ConnectSmart™ account. You undertake that you will safeguard, protect, and keep your ConnectSmart™ account confidential and you agree not to disclose your ConnectSmart™ account to any person, or store the information in any manner, except as required by law. You agree not to create more than one ConnectSmart™ account, and not to transfer your ConnectSmart™ account to another person or lend or otherwise transfer your use of or access to the Service to anyone else. You are also solely responsible for any and all activities that occur under your ConnectSmart™ account with the Service.

• By using the Service to request services from any Transportation Service Provider or other third party in connection with any transportation services, you accept, agree, and acknowledge that a direct legal relationship is created and assumed solely between you and such Transportation Service Provider or other third party. The Application Provider shall not be responsible or liable for your and/or any such Transportation Service Provider or other third party’s actions, omissions, and behavior or in relation to your and/or such Transportation Service Provider’s or other third party’s activities, and you agree not to assert (to cause or assist any other person or entity to assert) any claims against the Application Provider arising from or in connection with any of the foregoing. For purposes of this clause, the participation of a driver or a passenger in carpooling facilitated by the Service shall be considered third-party services Transportation Service Provider. Transportation Services and Carpooling features are available only for users that are eighteen (18) years of age or older. 

• If you are providing third-party transportation services as Transportation Service Provider, you  represent you are duly licensed and insured, your vehicle meets legal standards, and you will not use the Service to transport unaccompanied minors or as a for‑hire service.

• You represent and undertake to procure and ensure that you comply with, adhere to, and observe the terms and conditions set forth in this Agreement and all applicable laws, regulations, rules, statutes, and ordinances governing or otherwise relating to your use of the Service.

• You shall immediately notify the Application Provider of any actual, suspected, or potential security breach or improper use of the Service or the User Data.

• You agree that you will behave in a safe and lawful manner while using the Service and that you will not engage in reckless or unsafe behaviors, including without limitation carrying a weapon (unless legally authorized to do so), or threatening the health, safety, and wellbeing of yourself, or other third-parties while using the Service.

• While driving, you agree not to access the Service other than by using a hands-free device.

• You agree to only use the Service if you are of legal age.

 

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4. The Service

The Service provides you with the ability to navigate to your desired destination and to seek transportation from Transportation Service Providers via the Service, strictly for your individual, non-commercial use. These providers may include, but are not limited to, individual ride hailing services, public transportation systems, parking providers, and other users with whom you may carpool. We provide informational and matchmaking functionality only; we do not screen, endorse, supervise, control, or guarantee any third party or carpool participant. No provider, driver, or passenger is our employee, agent, joint ventures, or partner. You are solely responsible for determining whether any third party or carpool participant meets your safety, licensing, insurance, and legal requirements.

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You acknowledge and agree that the Application Provider acts only as the provider of the mobile application, enabling the Service that provides you with the ability to navigate and to obtain transportation services from a third-party Transportation Service Provider. The Application Provider is not, under any circumstance, a party to any agreements that you may enter into with the Transportation Service Provider. The Application Provider does not provide transportation services and does not independently verify, certify or guaranty that any Transportation Service Provider is duly licensed, insured, or in compliance with the law. It is up to you to decide whether to use a third-party Transportation Service Provider. The Application Provider has no control over the quality or safety of the transportation services that a Transportation Service Provider may provide or procure for you as a result of the Service. As such, the Application Provider is not and shall not be responsible for, liable for or involved in any issues, Claims (as defined in Section 20) below or disputes between you and the Transportation Service Provider or any other third party in connection with any transportation services, including without limitation Claims or disputes regarding cost/pricing, overcharges, refund issues, accidents or any other occurrences or incidents, which amounts are subject to the limitations on liability in Section 19. You must send any communications—such as cancellation requests, route changes, and time changes—for any rides you booked directly to the Transportation Service Provider. Please note that the Application Provider has no control over the cancellation policies of the Transportation Service Provider’s terms of use, which you must obtain from the Transportation Service Provider.

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The Application Provider also does not verify the identity, safety, compliance or reliability of the Transportation Service Provider or any other third party in connection with any transportation service. You acknowledge and agree that the Application Provider is not and shall not be responsible or liable in any way whatsoever for: (i) their compliance with all applicable laws and regulations; (ii) the accuracy, completeness, reliability, or error-free nature of the  details, descriptions, or other Content (as defined in Section 10 below) provided by or on behalf of a Transportation Service Provider or any other third party in connection with any transportation services, including without limitation whether the Transportation Service Provider or other third party is lawfully licensed, registered, and insured to provide transportation services;  (iii) any act or omission of a Transportation Service Provider or any other third party in connection with the Service or any transportation services, including without limitation the quality or safety of the transportation services; (iv) the terms of use, terms and conditions, or agreements which may be applicable between you and a Transportation Service Provider or any other third party in connection with any transportation services; or (v) any Claims arising out of or resulting from any of the foregoing. You agree not to assert (to cause or assist any other person or entity to assert) any Claims against the Application Provider or the Application Provider Indemnitees arising from or in connection with any of the foregoing.

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The Service will also allow you to receive information about available public transportation and the route to the location where you can use the public transportation of your choice. Please note that the Application Provider relies on third-party resources, including, for example, public transportation service providers, to obtain route, location timetable, and fare information, and is not responsible for the accuracy, reliability, completeness, or error-free nature of this information.

You acknowledge that the route, timetable, and location services we provide are intended for basic location and navigation purposes and should not be relied upon when a precise location is needed, or where inaccurate location information may cause death, personal injury, property, or environmental damage. Neither the Application Provider nor our third-party service providers guaranty the accuracy or reliability of the location information provided through the Service.

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5. Electronic Communications

You agree that we may provide notices and messages about the Service to you in the following ways: (a) within the Service, or (b) sent to your contact information provided to us (e.g., email or phone number). You agree to keep your contact information shared with us up-to-date.

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You agree that texts may be generated by automatic systems. Communications from us, or our affiliated companies, may include text, email messages, and push notifications regarding the operation of the Service, as well as updates regarding new, existing, and discontinued features of the Service. We do not charge for text messages, but standard or other charges imposed by your carrier may apply. Please check your carrier’s plan before using the Service to be sure you understand any charges that may be incurred by you.

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You may unsubscribe from promotional emails and texts at any time by using the “Unsubscribe” link at the bottom of text messages or emails we send to you, or by emailing us at: connectsmart@metropia.com.

 

6. Changes to this Agreement

We reserve the right, at our discretion, to update, change, modify, add, or remove any portions of this Agreement at any time. Your continued use of the Service following such notification will constitute your acceptance of the change and consent to this Agreement as revised. If you do not agree with these Terms of Service you can refrain from using the Service.

 

7. License Grant

During the term of this Agreement, the Application Provider hereby grants you a free-of-charge, limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, install, register for, and use the Service and the Content (as defined in Section 10) for non-commercial use on your device(s), owned or otherwise controlled or leased to you, including without limitation mobile cellular telephones and internet-enabled tablets (collectively “Device(s)”), strictly in accordance with this Agreement. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by this Agreement and subject to the use restrictions described herein. You may only use the Service and Content for your private and personal purposes. You may not make any commercial use of the Service and the Content. Please note that certain Content may only be available to residents of certain geographical areas. You are bound by any restrictions applicable to specific Content you obtain through the Service.

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The Application Provider will have the right, at all times, as further set out at Section 15, to reclaim, prohibit, suspend, limit, or otherwise restrict you from accessing or using the Service.

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You acknowledge and agree that the Service and the Content are provided under license and not sold to you. You do not acquire any ownership interest in the Service and the Content under this Agreement, or any other rights thereto other than to use the Service and the Content in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Application Provider and its licensors and, to the extent applicable, its Transportation Service Providers and other third party service providers reserve and retain their entire right, title, and interest in and to the Service and the Content, including without limitation all copyrights, trademarks, patents, software rights, and other intellectual property rights (whether registered or unregistered) therein or relating thereto, except as expressly granted to you in this Agreement.

 

8. License Restrictions

You (and/or any third-party on your behalf) may not:

• copy, modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Service, the Content, or any part thereof;

• save, reverse-engineer, disassemble, decode, or otherwise attempt to derive or gain access to the source code of the Content, the Service, or any part thereof;

• remove, delete, alter, or obscure any trademarks or any copyright, patent, or other intellectual property or proprietary rights notices from the Content, the Service, including without limitation any copy thereof;

• infringe any third-party rights, including without limitation intellectual property rights, copyrights, patents, trademarks, trade secrets, or other proprietary rights or rights of publicity or privacy;

• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Content, the Service, or any features or functionality of the Service, to any individual or third-party for any reason, or make the Service available on a network where it is capable of being accessed by any Third-Party Outlet (as defined in Section 27), or individuals;

• remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Content, the Service, or any part thereof;

• use any Content that may include, link to, or distribute any viruses, spam, files, code malware, or any other malicious software programs, technology, or Content that may harm or disrupt the operation of the Service or any other Application Provider product or service;

• engage in or encourage any activity or use of Content that violates any applicable law, rule, or regulation, including, without limitation, privacy laws and regulations;

• use, endorse, or promote Content, which is pornographic, obscene, excessively profane, racist, ethnically offensive, threatening, infringing, excessively violent, libelous, gambling-related, or discriminatory, offensive, misleading, or deceptive;

• except for instances where a private vehicle is used for carpooling, refuse, cancel, degrade, or otherwise treat another person unfavorably on the basis of race, color, religion, creed, national origin, ancestry, citizenship, sex, gender, gender identity or expression, sexual orientation, age, disability, medical condition, genetic information, marital status, veteran or military status, or any status protected by applicable law;

• carry illegal weapons or otherwise endanger the health, safety, or wellbeing of any person;

• defame, abuse, harass, stalk, threaten, engage in abusive, sexually explicit, or violent conduct, or otherwise violate the legal rights of others;

• Infringe upon and violate others’ copyrights and other intellectual property rights;

• transmit or otherwise make available in connection with the Service, or any part thereof, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malicious code, malware, or any other computer code, file, or program that may or is intended to damage, interfere with, or hijack the functionality of the Service or any part thereof or the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

• interfere with or disrupt the operation of the Content, the Service, or any part thereof, including without limitation disrupting service or network connectivity, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

• sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service, or any part thereof;

• frame or mirror any part of the Content, the Service, or any part thereof, without our prior express written consent;

• transfer or assign your ConnectSmart™ account to any third-party, even temporarily;

• engage in fraudulent misrepresentation, such as impersonating any person or entity, or forging or manipulating identifiers to disguise the origin of information transmitted through the Service;

• use the Content or the Service in any way not expressly permitted by this Agreement.

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9. Allegations of Copyright Infringement

You may notify us of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to connectsmart@metropia.com, (b) by a document titled “Copyright Notification” mailed to Metropia, Inc. at 3040 Post Oak Blvd., Suite 1800-136, Houston, TX 77056. Your notice must:

• identify the original copyrighted work you claim is infringed;

• identify the Content on the Service that you claim is infringing the copyrighted work (please provide enough detail for us to locate the allegedly infringing Content on the Service);

• provide your contact information, including your full name, mailing address, telephone number, and email address, if available;

• provide a statement that you have a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;

• provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed";

• provide your signature, as applicable; and

• the foregoing shall not affect your rights should it be your copyright that is being infringed.

 

10. Intellectual Property Rights

The Service, and any Content, materials, graphics, audiovisual files, processes and code, features, functionality, and products or services accessible on or through the Service (collectively, “Content”) and all upgrades, updates, corrections, and enhancements thereto and all copyrights and other intellectual property rights related thereto are the property of Application Provider, its affiliates, and its licensors or suppliers, and Application Provider, its affiliates, and its licensors and suppliers retain all right, title, and interest in and to the Service, the Content and all intellectual property rights therein or in connection thereto. The Service and the Content are owned and operated by the Application Provider and they are licensed, not sold, to you.

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The Application Provider retains all intellectual property rights in all of the Application Provider logos, trademarks, service marks, trade dress, logos, designs, graphics, icons, scripts, service names and other intellectual property of the Application Provider, whether or not registered (collectively, the “Application Provider Marks”). In addition, the design, trade dress, and the ‘look and feel’ of the maps available to you as part of the Service are protected works under applicable copyright laws and we and our affiliates, licensors, and suppliers retain all intellectual property rights in them. The license granted to you in this Agreement does not extend to or include a license to use the maps displayed by the Service or any mark, indicator, logo, or notation embedded in the maps other than as part of the Service. You acknowledge that we are the owner and licensor of the Application Provider Marks, including without limitation all goodwill associated therewith, and that your use of the Application Provider Marks will confer no additional interest in or ownership of the Application Provider Marks in you but rather inures to the benefit of the Application Provider. Use of the ConnectSmart™ name, logo or icon or any other Application Provider Marks in any way without written permission from the Application Provider is strictly prohibited.

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All other trademarks, logos, service marks, product names or other intellectual property set forth in the Service, such as the logos or trademarks of any third-party Transportation Service Provider, are the property of their respective owners. Your use of such third-party trademarks, logos, icons, service marks, or product names or any other intellectual property rights in any way without written permission from the applicable third party is strictly prohibited.

 

11. Your Data & Consent

Through your use of our Service,  personal data, as described in the Privacy Policy available on the ConnectSmart™ mobile app and website, will automatically be collected by the Application Provider or a third-party provider, and you may, in addition and as described in the Privacy Policy, actively enter and submit information or data in connection with your use of the Service, including without limitation information provided in the free-text comments box of a ride you wish to book with a Transportation Service Provider, or your ConnectSmart™ account (collectively “User Data”). User Data specifically excludes the data and content associated with minors and the use of the Services by minors as permitted by these Terms of Service. You assume sole responsibility for any User Data you share, and you alone are liable for the consequences when you post User Content (as defined below) or User Data. All User Data and User Content are subject to the Privacy Policy.

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To enable us to provide you with the Service, you hereby grant us: (a) a non-exclusive, worldwide, royalty-free, transferable, sublicensable, right and license to collect, process, and use your User Data as set forth in the Privacy Policy and this Agreement; and (b) an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, transferable and sublicensable right and license to use for any lawful purpose your User Data. The Application Provider’s use of the personal information you provide shall be subject to the terms set forth in the Privacy Policy.

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In addition, in the course of your use of the Service, you may submit and share Content and information with us or with other users of the Service, which may include without limitation feedback, comments, improvements, suggestions, questions, ideas, or other information (collectively “User Content”). You represent and warrant that you own all intellectual property rights in your User Content or otherwise have the right, and received all required consents, authorizations and licenses, to use the User Content for the Service and to provide the User Content to us as contemplated hereunder, and that by submitting or sharing your User Content with us, you are granting us, with an irrevocable, worldwide, perpetual, unrestrictive, non-exclusive, royalty-free, transferable and sublicensable right and license to use, copy, distribute, disseminate, prepare derivative works of, and display your User Content in any manner we deem fit, including without limitation for commercial purposes or otherwise, at our sole discretion and without acknowledgment or compensation to you, all in accordance with the terms of the Privacy Policy.

As between you and the Application Provider, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Data and User Content and any intellectual property rights or other proprietary rights associated with your User Data and User Content.

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You are solely responsible for making backup copies of your User Data and User Content. If the Service is discontinued or canceled, we may permanently delete your User Data and User Content in accordance with the terms of the Privacy Policy.

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12. Geographic Restrictions

The Service and the Content are provided from the United States and data will be stored in the United States. If you reside outside of the United States, you acknowledge that you may not be able to access all or some of the Content within your country, and that access thereto may not be legal by certain persons or in certain countries. If you access the Content outside of the United States, you are responsible for compliance with local laws, including without limitation any laws applicable to the export of software or technology. If you provide the Application Provider with your personal data, you hereby expressly agree to such transfer, storage, and processing within the United States. For additional information on our data collection, please refer to the Privacy Policy.

 

13. Updates; Availability

The Application Provider may, from time to time in its sole discretion, develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features or modifications or discontinuation of existing features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Service. You agree that the Application Provider has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device(s) settings when your Device(s) is/are connected to the internet either: (a) the Service will automatically download and install all available Updates; or (b) you may receive notice of, or be prompted to, download and install all available Updates.

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You shall promptly download and install all Updates and acknowledge and agree that the Service or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Service and be subject to all terms and conditions of this Agreement.

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The Service and the Content availability and functionality depend on multiple factors. We do not warrant or guaranty that the Service and the Content will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or will be error-free. The availability of the Service and the Content may vary and is subject to our sole discretion. We reserve the right at our sole discretion to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part or feature thereof) without notice, at any time and at its sole discretion. The Service, the Content, and their operation and certain features available therein may also be dependent on the network you use, compatibility of your Devices, and the Content formats supported. You will have the right to terminate this Agreement by deleting the app or not using the website if we make any material changes to the Service that you do not agree with.

 

14. Third-Party Materials

The Service may display, include, or make available third-party Content (including without limitation data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including without limitation through third-party advertising (“Third-Party Materials”). You acknowledge and agree that the Application Provider is not responsible for Third-Party Materials, including without limitation their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Application Provider does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third-parties’ terms and conditions.

 

15. Terms and Termination

This Agreement is effective upon your acceptance of this Agreement, as set forth in the introduction to this Agreement. You may terminate this Agreement at any time by deleting the Service from your Device(s) and by ceasing your use of the Service. However, if you wish to delete all the information that is associated with the Service, you must send us an email to connectsmart@metropia.com with your request for deletion. For details of how to access your data and/or delete your data, please see the Privacy Policy: “How to Opt Out”.

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We may terminate this Agreement at any time if:

• you breach, or we reasonably believe that you are in breach of, any term within this Agreement or applicable law; or

• you misuse the Service or pose a threat to the security of the Service.

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Upon termination either by you or by us: (i) all rights granted to you under this Agreement will terminate; (ii) you must cease all use of the Service and delete all copies of the Service, and your User Account; and (iii) our rights with respect to User Data shall survive as set forth in the Privacy Policy.

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Except as set forth in the Privacy Policy, we are not responsible for any removal or loss of your User Data or User Content. When information or Content is removed from the Service by either you or us, traces or copies may still remain elsewhere. The termination of this Agreement will not limit any of the Application Provider’s rights or remedies at law or in equity (including without limitation the terms of Sections 16, 19 and 20), all of which shall survive such termination.

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In addition to our right to terminate the Agreement, we reserve the right to, without limitation and at our sole discretion:

• limit your use of the Service; and

• remove any Content from the Service, including without limitation, User Content, immediately and without notification to you, if we believe, at our sole discretion, that such Content is infringing, offensive, harmful, or inappropriate or otherwise violates the terms of Section 8 above.

 

16. Disclaimer of Warranties

The Service and the Content are provided to you “as-is” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Application Provider, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service and the Content, including without limitation all implied warranties of, merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Information in the Service is provided for general informational purposes and is not professional, safety, or legal advice.

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Without limitation to the foregoing, the Application Provider provides no warranty or undertaking, and makes no representation of any kind that the Service and the Content will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.

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You acknowledge and agree that use of the Service and the Content is at your own risk. By using the Service and the Content, you agree to accept such risks and agree that the Application Provider and its affiliates, or any of its or their respective licensors or service providers, are not liable for any acts or omissions of other users of the Service.

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YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE APPLICATION PROVIDER DOES NOT REPRESENT, WARRANT, VERIFY, OR GUARANTY THAT ANY TRANSPORTATION SERVICE PROVIDER OR ANY CARPOOL PARTICIPANT (DRIVER OR PASSENGER) IS DULY LICENSED, REGISTERED, QUALIFIED, OR INSURED, OR THAT ANY VEHICLE OR SERVICE COMPLIES WITH ANY APPLICABLE LAW, REGULATION, OR STANDARD. 

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WITHOUT LIMITING THE FOREGOING, THE APPLICATION PROVIDER DOES NOT CONDUCT, AND HAS NO OBLIGATION TO CONDUCT, ANY BACKGROUND CHECKS, IDENTITY VERIFICATION, LICENSE, REGISTRATION, INSURANCE, SAFETY, OR COMPLIANCE REVIEWS OF ANY TRANSPORTATION SERVICE PROVIDER OR ANY CARPOOL PARTICIPANT. 

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ACCEPTING OR PROVIDING ANY RIDE, CARPOOL, OR OTHER TRANSPORTATION SERVICES ARRANGED, FACILITATED, OR DISCUSSED THROUGH THE SERVICE IS DONE SOLELY AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER A TRANSPORTATION SERVICE PROVIDER OR CARPOOL PARTICIPANT MEETS YOUR REQUIREMENTS FOR SAFETY, LICENSING, REGISTRATION, QUALIFICATIONS, AND INSURANCE.  

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YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE APPLICATION PROVIDER IS NOT A TRANSPORTATION PROVIDER AND DOES NOT PROVIDE TRANSPORTATION SERVICES, AND THAT THE APPLICATION PROVIDER AND THE APPLICATION PROVIDER INDEMNITEES ARE NOT RESPONSIBLE OR LIABLE FOR, AND SHALL HAVE NO OBLIGATION WITH RESPECT TO, ANY ACTS, OMISSIONS, SERVICES, FAILURES TO ACT, REPRESENTATIONS, WARRANTIES, OR OBLIGATIONS OF ANY TRANSPORTATION SERVICE PROVIDER, CARPOOL PARTICIPANT, OR OTHER THIRD PARTY.    

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WITHOUT LIMITING ANY OTHER DISCLAIMER OR LIMITATION IN THIS AGREEMENT, INCLUDING THIS SECTION 19, ALL RISKS ASSOCIATED WITH ANY TRANSPORTATION SERVICES—INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, COLLISIONS, VIOLATIONS OF LAW, AND INSURANCE COVERAGE DISPUTES—ARE STRICTLY BETWEEN YOU AND THE APPLICABLE TRANSPORTATION SERVICE PROVIDER, CARPOOL PARTICIPANT, OR OTHER THIRD PARTY.

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17. User Rewards and Promotional Campaigns

From time to time, ConnectSmart™ may offer contests (“Contests”) through the Service, which may be sponsored by the Application Provider or a third-party (either, the “Contest Sponsor”), but in each case will be administered by the Application Provider. Each Contest will be subject to and governed by these Terms of Service and any other Contest rules that may be applicable to the Contest. The Contest Sponsor reserves the right, at its sole discretion, to suspend, modify, or cancel any Contest. The creation of additional accounts to participate in promotional campaigns, contests, or take advantage of special offers is strictly prohibited. Any violations of these Terms will subject the user to the deletion of their account and forfeiture of any rewards accrued.

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No purchase is required to enter a Contest.

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All Contests are open to legal residents of the United States who are at least 18 years old at the time of entry. By entering a Contest, you (i) accept the conditions stated in these Terms of Service, (ii) agree to be bound by any additional Contest rules, which shall be provided to you at the time of entry, and (iii) warrant you are eligible to participate in the Contest. Employees, independent contractors, officers, and directors of the Application Provider and the Contest Sponsor, and their respective affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, administrators and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in any Contest. CONTESTS ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW and are subject to applicable federal, state, and local laws and regulations.

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Prizes (“Prizes”), the approximate retail value of the prizes, and the number of winners to be selected in each Contest will be determined by the Contest Sponsor at its sole discretion. To receive a prize, the winner may be required to provide proof of identification, and any other information required by the Internal Revenue Service for tax purposes or other applicable laws. Any taxes applicable to prizes are the sole responsibility of the contest winner.

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By participating in the ConnectSmart™ Referral Program, you may earn rewards in accordance with expressed restrictions.

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18. ConnectSmart™ Coins

The Service may include an opportunity for you to earn (by completing tasks or taking part in activities) a type of virtual currency (“Coins”) which may be used to obtain discounts, offers, or other goods or services offered by ConnectSmart™, third-party partners and sponsors, or its successor (such items or other rewards, collectively called “Rewards”). To earn Coins, you must create an account with ConnectSmart™ as directed by the Application Provider. You may earn rewards from using the Service and may earn rewards from participating in certain ConnectSmart™ user-engagement activities such as user surveys, focus groups, user-testing meetings, and other marketing campaigns. ConnectSmart™ Coins are not real money, do not have monetary value, and may never be redeemed for money, or other items of monetary value from outside of the Service (accept as otherwise expressly permitted by ConnectSmart™). We make no guaranty as to the nature, quality, or value of the features of the Service or any third-party good or services that will be accessible through the use of ConnectSmart™ Coins, or the availability or supply of ConnectSmart™ Coins.

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By taking a driving, transit, biking, walking, or carpooling trip using ConnectSmart™’s navigation feature, users may be eligible to earn reward Coins. Trips must meet eligibility requirements. . For ConnectSmart™ to provide the Service and for you to earn Coins, the Service must access your Trip information, including your point of origin, the address of your destination, the starting time of your journey, and the Trip recommended to you, and must periodically receive your GPS location.

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Users are limited to the number of Coins they may receive in any day. They will not receive credit for trips that exceed the maximum Coins per-day. Furthermore, breaking up a trip to gain additional Coins is not allowed and may subject the user to forfeiting the Coins for the trip. Note that the Application Provider is always looking at ways to improve its services and reward its users; to this end, it may occasionally create different reward systems for certain drivers, passengers, and/or routes. The Application Provider may do this at its sole discretion. In the event that you are affected by such changes, you may be notified.

The ConnectSmart™ Coins obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license to use through the most up-to-date Coins redemption system offered by the Application Provider. Unless otherwise expressly permitted by the Application Provider, Coins and Rewards may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. Use of the Application Provider Coins may be subject to a separate license or agreement with the Application Provider, or one or more other third-parties. Aside from terms specifically provided to you in writing by a third-party as to third-party Rewards, you have no property interest, right, or title in/to any Coins or Rewards appearing or originating in the Service, or any other attributes associated with use of the Service. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value but instead constitutes a measurement of the extent of your license, if any. The value of a Coin is determined solely by the Application Provider at the time of redemption.

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All Coins and Rewards may be forfeited if your account with ConnectSmart™ is terminated or suspended for any reason, or if the Application Provider discontinues availability of some or all of its Coin-related services.

Once Coins have been lost or spent, they will be subtracted from your account and cannot be refunded or returned, except at the sole discretion of the Application Provider. Refunds for unredeemed Coins purchased by the user can be issued upon request at the sole discretion of the Application Provider. No Coins will be re-credited to your account in the event of a return or exchange of a Reward, or any problem with any Reward. 

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We have no liability for hacking or loss of your Coins or Rewards, or any goods or services obtained via Coins. We have no obligation to, and will not, reimburse you for any Coins or Rewards, or any goods or services obtained via Coins that are lost due to your violation of these Terms of Service. We reserve the right, without prior notification, to limit the quantity of Coins and/or Rewards, or to refuse to provide you with any Coins and/or Rewards. Price, exchangeability, and availability of Coins and Rewards are determined by ConnectSmart™ at its sole discretion and are subject to change without notice. You agree that we have the absolute right to manage, distribute, regulate, control, modify, and/or eliminate Coins provided in connection with the Service as we see fit at our sole discretion, and that we will have no liability for exercising such right. We reserve the right to disqualify and prosecute to the fullest extent permitted by law any user who, in our reasonable suspicion, tampers with the Service (including without limitation Coins), intentionally and improperly obtains more than the allowed Coins, or acts in an unsportsmanlike or disruptive manner.

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You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Coins, regardless of the circumstances. You absolve us of any responsibility to maintain or update your Coins account. However, if there is a failure of Coins earned via the Service to be added to your ConnectSmart™ account due to technical or operational problems with the Service, we will make commercially reasonable efforts to credit the appropriate number of Coins once we have verified that you have earned such Coins. Without limiting any of the foregoing, our maximum liability or responsibility to you is to credit the Coins lost.

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In using the Service, you authorize ConnectSmart™ to access your GPS enabled hardware and otherwise obtain this Trip information from your device, and to record, compile and display such information. Our use of such information is subject to the Privacy Policy.

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19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE APPLICATION PROVIDER, THE APPLICATION PROVIDER INDEMNITEES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, OR EXPENSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE APPLICATION PROVIDER, THE APPLICATION PROVIDER INDEMNITEES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, OR BUSINESS INTERRUPTION; (C) LOSS, CORRUPTION, OR INACCURACY OF DATA OR FAILURE OF DATA TRANSMISSION; (D) LOSS OF GOODWILL OR REPUTATION; (E) PERSONAL INJURY OR PROPERTY DAMAGE; OR (F) ANY OTHER COMMERCIAL OR ECONOMIC LOSS, IN EACH CASE WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE OR EVEN IF THE APPLICATION PROVIDER OR THE APPLICATION PROVIDER INDEMNITEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE APPLICATION PROVIDER, THE APPLICATION PROVIDER INDEMNITEES, AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE CONTENT WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND REGARDLESS OF THE NUMBER OF CLAIMS OR THE THEORY OF LIABILITY. YOU ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE APPLICATION PROVIDER. NOTHING IN THIS SECTION 19 IS INTENDED TO LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. 

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As stated throughout these terms and conditions, the Application Provider and the Application Provider Indemnitees are not responsible and may not be held liable for the actions or omissions of any third-party Transportation Service Provider or any other third-party in connection with the Service or with any transportation services. You agree not to assert (to cause or assist any other person or entity to assert) any Claims against the Application Provider or the Application Provider Indemnitees arising from or in connection with any of the foregoing. While Transportation Service Providers or other third parties may provide you with transportation services via the Service, it is your choice whether to use their services or not and we are not responsible for any transportation services that may be procured or accessed via the Service. Any issue that you may have with any such Transportation Service Provider or other third-party should be addressed to that Transportation Service Provider or other third-party and will be subject to that Transportation Service Provider’s or other third-party’s terms and conditions and liability provisions. Without limiting the foregoing, Application Provider will have no liability for, and the foregoing limitations apply fully to, any claims or losses arising out of or relating to third-party transportation services, carpools or carpooling, or user-to-user interactions facilitated by the Service.

 

20. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the Application Provider, its affiliates, the Texas Authorities (as defined in Section 28 below), and your employer who may authorize or promote this Service to you, and each of their respective shareholders, members, owners, managers, directors, officers, employees, contractors, agents, representatives, successors, and assigns (collectively, the "Application Provider Indemnitees") from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including claims alleging joint employment, agency, or vicarious liability arising from third-party transportation services you arrange or take, including reasonable attorneys' fees (collectively, "Claims"), arising from or relating to:

1. your use or misuse of the Service and/or the Content; 

2. your breach of this Agreement, including but not limited to your User Content you submit or make available through the Service or your failure to use the Service as intended;

3. any interactions, arrangements, or disputes between you and any Transportation Service Provider or other third party in connection with transportation services accessed via the Service, including without limitation carpooling and ride‑matching between drivers and passengers facilitated by or arranged through the Service;

4. any bodily injury, death, or damage to real or personal property arising out of or related to any ride, trip, or carpooling activity in which you participate or that you arrange, whether as a driver or passenger, including during pick‑up, transit, or drop‑off; 

5. any misrepresentation or omission by you regarding your or your vehicle’s licensing, registration, inspection, roadworthiness, or insurance status, your eligibility or qualifications to operate a vehicle, or your compliance with any applicable requirements for carrying passengers;

6. your violation of any applicable law, regulation, rule, statute, or ordinance (including without limitation traffic, transportation, ridesharing/carpooling, consumer protection, privacy, and data security laws) in connection with your use of the Service or any transportation services; 

7. any third‑party or governmental inquiries, investigations, citations, assessments, penalties, or Claims arising out of or relating to your Carpooling or other use of transportation services accessed via the Service; 

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The Application Provider will have the right, but not the obligation, to select counsel and assume the defense of any Claim for which you are obligated to indemnify any Application Provider Indemnitee. You shall cooperate fully in such defense. You may not settle any Claim in a manner that imposes any obligation on, or admits liability by, any Application Provider Indemnitee, or that does not include a full and unconditional release of the Application Provider Indemnitees, without the prior written consent of the Application Provider. The Application Provider may settle any Claim on terms it deems appropriate in its sole discretion, without prejudice to its rights to seek indemnification from you. Your indemnity covers all losses, including defense costs and settlement amounts.

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You and the Application Provider acknowledge that, in the event of any third-party Claim that the Service and/or the Content or your possession and use of the Service and/or the Content infringes that third-party's intellectual property rights or otherwise violates the law, the Application Provider, and not you, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

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21. General

This Agreement and the Privacy Policy constitute the entire agreement between you and the Application Provider with respect to the Service and the Content and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service and the Content. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

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22. Choice of Law; Dispute Resolution

The Agreement is governed by the laws the State of Texas without regard to its conflicts of law provisions. To the fullest extent permitted by law, you and the Application Provider agree as follows: 1) any dispute, claim, or controversy between you and the Application Provider (including the Application Provider Indemnitees) seeking or relating to monetary damages or other monetary relief, of any kind or nature, arising out of or relating to these Terms of Service, the Service, or the Content, will be resolved by mandatory, binding, individual arbitration administered by the Judicial Arbitration and Mediation Service.

(“JAMS”) and not in court; 2) you and the Application Provider waive any right to bring or participate in any class, collective, consolidated, coordinated, or representative action or proceeding (including any private attorney general action) in arbitration or in court, and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim; 3) you and the Application Provider irrevocably waive any right to a jury trial in any dispute, whether in arbitration or, as permitted below, in court; and 4) claims that seek solely injunctive relief or specific performance (and, if applicable, temporary restraining orders or preliminary injunctions to preserve the status quo pending arbitration) may be brought exclusively in the state or federal courts located in the State of Texas, County of Harris, and you and the Application Provider consent to the exclusive jurisdiction and venue of those courts for such claims. The foregoing does not allow any claim seeking monetary damages or other monetary relief to be brought in court; all such monetary claims must proceed in individual arbitration to be conducted virtually or if required to be in-person then in New York City. The arbitration will be conducted pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, or the JAMS Streamlined Arbitration Rules and Procedures where applicable based on the amount in controversy, and, if you are a consumer, in accordance with the JAMS Consumer Arbitration Minimum Standards to the extent applicable. The parties will bear their own fees and costs in any arbitration or court proceeding, subject to any non-waivable rights you may have under applicable law.

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23. Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

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24. Assignment

You may not assign or transfer your rights in and to the Service and the Content, without the Application Provider’s prior written consent. We may assign our rights in and to the Service and the Content to any third-party at our sole discretion, provided that such third-party undertakes to comply with our obligations to you under this Agreement.​​​