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Terms of Use

Massachusetts Bay Transportation Authority (MBTA) 

Online Services Terms and Conditions

Effective Date: August 1, 2024

These Terms & Conditions (these "Terms & Conditions" or "Terms") apply to the website located at mbta.com, other websites (each a “Website”) and mobile applications (each a “Mobile App”) operated by the Massachusetts Bay Transportation Authority and our affiliates and subsidiaries (collectively, the "MBTA", "we", "our", or "us"), and the services and information (collectively, the "Services") that we provide on such Websites and Mobile Apps (the Services, Websites, and Mobile Apps are collectively referred to as the "Platform").

To assist you in using the Platform and to ensure a clear understanding of the relationship arising from your use of the Platform, we have created these Terms & Conditions and our Privacy Policy. Our Terms govern your use of our Platform, and our Privacy Policy explains how we treat information that we have about you. Our Terms apply to anyone that uses or visits our Platform (collectively, "you" and "your").

1. Your Agreement

If you do not agree with these Terms, then please do not use our Platform. PLEASE NOTE THAT THESE TERMS INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND A WAIVER TO BRING CLAIMS AS CLASS ACTIONS.

By accessing or otherwise using our Platform, you acknowledge that you have read these Terms and agree to be legally bound by them. We may also confirm your agreement to be bound by these Terms by asking you to click an "I accept" button, checkbox, or similar mechanism when you access certain portions of our Platform, such as during the registration process when creating an online account with us.

Moreover, if you are agreeing to these Terms on behalf of a company, an organization, or other legal entity ("Your Organization"), then: (i) you represent and warrant that you have authority to act on behalf of, and to bind, Your Organization; and (ii) for all purposes in these Terms and the Privacy Policy, the term "you" means Your Organization on whose behalf you are acting.

YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE PLATFORM OR TO CREATE AN ACCOUNT OR OTHERWISE PARTICIPATE IN THE SERVICES. DO NOT USE THE PLATFORM OR CREATE AN ACCOUNT OR OTHERWISE PARTICIPATE IN THE SERVICES IF YOU ARE UNDER 13 YEARS OLD. PLEASE REFER TO OUR PRIVACY POLICY FOR ADDITIONAL INFORMATION REGARDING AGE RESTRICTIONS ON OUR PLATFORM.

2. Scope; Relationship to Privacy Policy and Other Contracts. 

Our Privacy Policy explains, among other topics, how we treat information that you provide to us through the Platform. By accessing our Platform, you consent to our privacy practices as set out in our Privacy Policy (available here: https://www.mbta.com/policies/privacy-policy). Our Privacy Policy is incorporated herein by reference.

Moreover, certain portions of the Platform may be subject to additional or different terms and conditions (the "Separate Terms"). For example, the services and information available on the subdomain at charlie.mbta.com and your use of the Charlie System are governed under the Charlie System Terms of Service (available here: https://www.mbta.com/policies/terms-use-charlie), as further set out in Section 5 (Payments; Purchases). These Terms must be read in conjunction with: (i) Separate Terms; (ii) any other agreements into which you and the MBTA may enter; and (iii) our Privacy Policy. To the extent that these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms conflict with the terms and conditions of any Separate Terms or other specific agreements you enter with us, the terms and conditions of such Separate Terms or other specific agreement shall control.

3. Registered Users. 

To access and participate in certain Services, you must create certain accounts with us and become a registered user ("Registered User"). By creating an online, single sign-on (SSO) account, you may be able to access and participate across a variety of Services. Certain Service(s), however, may require that you create an account that specifically governs your access to and participation in such Service(s). For example, you will need to create a Charlie account to utilize certain features of our fare payment system, as further set out in Section 5 (Payments; Purchases). To become a Registered User, and to participate in certain Services, you may also be required to agree to other terms and conditions with us and/or our service providers. As set forth in Section 2 (Relationship to Privacy Policy and Other Contracts), your use of our Platform as a Registered User is further subject to and governed by the terms of other agreements into which you may enter in addition to these Terms.

During the registration process, you must provide certain information. You agree that the information you provide to us in this process is complete and accurate. If you become a registered user and obtain a password, we will treat anyone who uses your username and password as "you", and you agree to be responsible for all uses by anyone using your password. Please notify us immediately if you suspect that someone is using your username and/or password in an unauthorized or inappropriate manner.

4. T-Alert; SMS Terms and Conditions.

You may subscribe to receive T-Alerts, which are notifications about delays and planned disruptions for the routes and services you select. T-Alerts are delivered via email or text messages. You may edit your alerts subscriptions and otherwise manage your account and settings by signing into your MBTA Account.

If you wish to receive T-Alerts via text messages to your cellular phone and you provide us with your cellular phone number, then the following terms shall apply (as further set out in our T-Alerts SMS Terms and Conditions available at https://www.mbta.com/policies/t-alerts-sms-terms-and-conditions).

When you opt in to receive T-Alerts via text messages, we will send you an SMS message to confirm your signup. You can cancel the T-Alerts service at any time. Just text "STOP" to 58541 or visit https://alerts.mbta.com. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text "HELP" to 58541. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. We are able to deliver messages to the following major mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages regarding alerts that are active on the routes and lines you subscribe to during the windows of time you choose when you subscribe. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the service provided by this short code, you can call 617-222-3200. If you have any questions regarding privacy matters, please refer to our Privacy Policy as further set forth in Section 2 (Scope; Relationship to Privacy Policy and Other Contracts).

If you have any questions regarding privacy matters, please refer to our Privacy Policy as further set forth in Section 2 (Scope; Relationship to Privacy Policy and Other Contracts).

5. Payments; Purchases.

Our Platform may include services made available by one or more third-party payment services providers (each, a "Payment Processor") that you must use to set up and manage recurring payments, or to make one-time payments. We do not process payments ourselves. When you make payments or subscribe to recurring payments on our Platform, you authorize our Payment Processor(s) to charge you using your selected payment method. Please note that your use of the Payment Processor's services may be subject to your acceptance of such Payment Processor's own terms and conditions, in addition to or in lieu of these Terms. We reserve the right at any time to reject any order or purchase, and to change prices and fees in accordance with applicable law. If your initial payment authorization is later revoked, your subscription, product, or access will be terminated. You are not permitted to resell or otherwise use the products made available through the Sites for commercial purposes without our advance written permission.

We are currently implementing a new fare payment system as part of our Fare Transformation project (the “Charlie System”). The Charlie System will enable several new features over time, including allowing riders to pay their fare using contactless payment methods (such as with contactless credit cards, or Apply Pay or Google Pay on mobile devices) and the ability to manage accounts online. Your use of the Charlie Services is governed by the separate Charlie Services Terms & Conditions available at https://www.mbta.com/policies/terms-use-charlie. Learn more about the Charlie Services at charlie.mbta.com.

6. Ownership; Reservation of Rights.

The software, video, audio, pictures, trademarks, text, logos, and other content on the Platform, including any Third Party Content (as defined below), and all other intellectual property embodied in the Platform (collectively, the "Platform Content") are the property of the MBTA and its licensors, and protected by copyright and other intellectual property laws, or used under the principles of fair use. We and our licensors retain all rights with respect to the Platform and the Platform Content, except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from Platform Content or other materials presented through the Platform, unless specifically authorized in writing by us. The term Platform Content excludes Submitted Content.

7. Grant of Rights to You.

Subject to these Terms, we grant to you a limited, non-exclusive, non-transferrable right to access and use, strictly in accordance with these Terms, all publicly available and, if expressly authorized, password-protected areas of our Platform and Platform Content to: (i) learn more about us and the products and services that we offer; (ii) provide Submitted Content to us through the Platform; (iii) participate in and receive those Services that we make available to you; and (vi) access other information that we make available through our Platform (collectively, the "Permitted Uses").

You agree that the Platform and Platform Content are made available solely for your personal, non-commercial use, and you shall not use the Platform or Platform Content for any purpose other than the Permitted Uses.

8. Grant of Rights in Your Content.

  • 8.1 Grant of Rights to the MBTA in Submitted Content. We may give you the ability through the Platform to provide information and materials that you wish to share (collectively, the "Submitted Content"), including reviews and feedback regarding our Platform. By providing Submitted Content, subject to Section 8.5 (Personal Information) and your rights set out in our Privacy Policy, you authorize us to copy, modify, publicly display, distribute, publicly perform, use, and otherwise exploit the Submitted Content in connection with our provision of the Services, and as provided in our Privacy Policy (the "Use Rights").
  • 8.2. Permissions You Must Have in Your Submitted Content. By providing Submitted Content, you represent and warrant that: (i) that you own the Submitted Content (including any related copyrights or other intellectual property rights) or have sufficient authority and right to provide the Submitted Content and to grant us the Use Rights; (ii) the Submitted Content is accurate, complete, and up-to-date; (iii) the Submitted Content will not infringe upon, violate, or otherwise conflict with any third-party rights; (iv) you have not breached and will not be in breach of any agreement you have entered into with any third party; and (v) the Submitted Content will be in compliance with all applicable laws.
  • 8.3. Right to Decline Submitted Content. We reserve the right to refuse to use, disable, or remove Submitted Content that we conclude, in our sole discretion, violates any applicable law, these Terms, or our Privacy Policy, or is incompatible with the purposes of our Platform or business operations.
  • 8.4 Assistance with Third-Party Claims. If the MBTA is made aware of a Third-Party Claim (as defined in Section 11 (Indemnity)), including by you, we may decide to take down any Submitted Content in question to assist in resolving the claim. We do not provide any assurance that any such take down will resolve your dispute. If Third Party Claims are brought against the MBTA related to your Submitted Content, then you agree to indemnify the MBTA pursuant to Section 11 (Indemnity).
  • 8.5 Personal Information. Notwithstanding anything to the contrary, if you provide us with Personal Information (as defined in our Privacy Policy), then we will treat such Personal Information in accordance with our Privacy Policy (available here: https://www.mbta.com/policies/privacy-policy). By providing us with your Personal Information as part of Submitted Content, you authorize us to copy, modify, publicly display, distribute, publicly perform, use, and otherwise process the Personal Information in accordance with our Privacy Policy. If you provide us with any Personal Information relating to another individual, then you represent that you have the authority to do so and to permit us to use the information in accordance with these Terms and our Privacy Policy.

9. Code of Conduct.

By using our Platform, you agree to comply with these Terms and to otherwise comply with the following Code of Conduct, under which you shall not:

  • Use the Platform or any Platform Content for purposes other than the Permitted Uses.
  • Use the Platform or any Platform Content for uses that are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable, or otherwise prohibited by these Terms.
  • Use the Platform or any Platform Content in a manner that does or could disable, overburden, or impair the Platform or any Platform Content, or interfere with another party's use and enjoyment of the Platform or any Platform Content.
  • Seek to obtain access to any Services, materials, accounts, or information through hacking, data harvesting, data mining, or through other means we have not intentionally made available to you through the Platform.
  • Infringe the MBTA's or any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
  • Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.
  • Use the Platform or any Platform Content to test or reverse engineer the Platform or any Platform Content in order to find limitations, vulnerabilities, or to evade filtering capabilities.
  • Use the Platform or any Platform Content for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Platform or any Platform Content to violate any law, statute, or regulation (including, without limitation, those governing privacy, export control, consumer protection, unfair competition, anti-discrimination, or false advertising). You are responsible for your own compliance with all applicable laws.

We reserve the right at any time to: (i) monitor your use of the Platform; and (ii) terminate or suspend your use of some or all of the Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.

If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 20 (Contact Us).

10. Linked Sites; Third Party Content.

The Platform may contain links to third party websites (each, a "Third Party Site"). For example, the career opportunities page linked on the Platform, as well as, the MBTA See Say app and reporting options are operated and maintained by third party service providers. We have no control over these Third Party Sites or their content, and we do not assume responsibility or liability for any content, opinions, or material available on them. Third Party Sites may include websites operated by third parties that we engage to provide certain services to you on our behalf. The Platform may also contain data or other materials that are made available by third parties, or content that are based on such third-party data or other materials (such as graphs and visualization) ("Third Party Content").

The MBTA does not own these Third Party Sites or Third Party Content. We expressly disclaim, and do not assume, any responsibility or liability for any Third Party Content, or any content, opinions, or material available on Third Party Sites, or such Third Party Sites' privacy practices with respect to information that you provide via the Third Party Sites.

We do not endorse the content of any Third Party Site or represent or warrant that a Third Party Site is or will be free of computer viruses or other harmful code that can impact your computer or other web-access device. We encourage you to review any Third Party Site's terms of use and privacy policy as those, and not our Terms and Privacy Policy, are applicable to your use of such Third Party Site and any information that they collect. By using the Platform to link to another site (including Third Party Sites) or by using or relying upon Third Party Content, you agree that such use or reliance is at your own risk.

11. Indemnity. 

You agree to defend, indemnify, and hold the MBTA and its affiliates, officers, directors, agents, and employees harmless from and against any liability to third parties, including reasonable attorneys' fees, arising from or related to your use of our Platform or breach of these Terms or the Privacy Policy (each a "Third Party Claim"). We shall give you timely notice of, and have the option to undertake and conduct the defense of any such Third Party Claim, if we determine in our discretion that you are not diligently prosecuting such defense.

12. User Conduct; User Disputes.

The MBTA is not responsible or liable for Submitted Content or user conduct. You are solely responsible for your Submitted Content, conduct, and interaction with other Platform users, both online and offline. If you have a dispute with another user, then you hereby release the MBTA (and our officers, directors, agents, employees, and affiliates) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected or related with such dispute.

13. Warranty Disclaimer.

THE MBTA DOES NOT PROMISE THAT THE PLATFORM OR ANY PLATFORM CONTENT, INCLUDING, BUT NOT LIMITED TO, SERVICE DESCRIPTIONS AND INFORMATION, SCHEDULES, ARRIVAL/DEPARTURE TIMES, SERVICE ALERTS, FARE INFORMATION AND CALCULATORS, PARKING, BIKE FACILITIES, AND STATIONS MAPS, ROUTE PLANNERS, ARTICLES, AND OTHER INFORMATION, WILL BE ERROR-FREE OR UNINTERRUPTED. THE PLATFORM AND PLATFORM CONTENT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS OR USE THE PLATFORM OR PLATFORM CONTENT, YOU DO SO AT YOUR OWN RISK. THE MBTA DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE PLATFORM, IF SUCH MATERIALS ARE AVAILABLE TO YOU FOR DOWNLOAD, WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

THE MBTA DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE PLATFORM (INCLUDING PLATFORM CONTENT); AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE PLATFORM (INCLUDING PLATFORM CONTENT), INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF, INCLUDING ANY RELIANCE UPON, THE PLATFORM AND PLATFORM CONTENT (INCLUDING THIRD PARTY CONTENT) IS AT YOUR SOLE RISK.

14. Limitation of Liability. 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL THE MBTA BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PLATFORM, PLATFORM CONTENT, OR SUBMITTED CONTENT.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE PLATFORM, PLATFORM CONTENT, OR SUBMITTED CONTENT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO US RELATING TO THE PLATFORM DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE RESULTING IN SUCH LIABILITY.

15. Modifications to these Terms. 

From time to time, we may change these Terms for our business purposes and to comply with changes in law. In the event of substantive or material changes, we may communicate these changes to you by posting the updated Terms on the Platform and/or notifying you of the change via the Platform, email, or other methods. Any changes to these Terms shall take effect proactively. Regardless of whether we have provided you with notice other than by posting updated Terms on the Platform, your subsequent acceptance of these Terms pursuant to Section 1 (Your Agreement) constitutes your agreement to be bound by the Terms, as updated.

16. Assignment. 

These Terms shall not be assignable by you, either in whole or in part, without our prior written consent. The MBTA reserves the right to assign its rights and obligations under these Terms without your consent.

17. Jury Trial; Class Action Waiver.

YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

18. General. 

These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts located in Boston, Massachusetts. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. The MBTA's failure to act with respect to a breach by you or others does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Subject to Section 2 (Relationship to Privacy Policy and Other Contracts), this agreement and the terms and conditions contained herein set forth the entire understanding and agreement between the MBTA and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

19. Survival. 

In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive any termination or expiration of these Terms and shall apply indefinitely: (i) Section 6 (Ownership; Reservation of Rights); (ii) Section 11 (Indemnity); (iii) Section 13 (Warranty Disclaimer); (iv) Section 14 (Limitation of Liability); (v) Section 16 (Assignment); (vi) Section 17 (Jury Trial; Class Action Waiver); (vii) Section 18 (General); and (viii) Section 19 (Survival).

20. Contact Us. 

If you have any questions about these Terms, our practices, or your dealings with the Platform, then please contact us using the information below or by other means of communication as described on our Platform.

Mail
Massachusetts Bay Transportation Authority
10 Park Plaza
Boston, MA 02116

Telephone
Main Hotline: 617-222-3200
Toll Free: 800-392-6100
TTY: 617-222-5146

Online
mbta.com/customer-support

21. Copyright and Legal Notice. 

© 2023 Massachusetts Bay Transportation Authority. All Rights Reserved.