METRO MICRO APP TERMS OF USE
Metro micro is a microtransit service provided by the Metropolitan Council through its Metro Transit and Metropolitan Transportation Services divisions (“Metro Transit,” “we,” “us,” or “our”). These Terms of Use (“Terms of Use”) govern your access and use of applications, websites, content, products, and services (the “Services”) made available by Metro micro. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Services. Metro Transit may amend or update these Terms of Use from time to time. Amendments and updates will be effective when the amendments or updates are posted at this location. Your continued access or use of the Services after these postings constitutes your consent to be bound by the Terms of Use, as amended or updated.
The Metro micro App Privacy Policy below on this webpage describes how we collect and use personal information in connection with the Services. You understand and acknowledge that any information you submit to the Metropolitan Council in connection with the Services is subject to the Minnesota Government Data Practices Act which governs the collection, creation, storage, maintenance, use, and dissemination of “government data” by government entities.
1. The Services
The Services constitute a technology platform that enables users of the Metro micro mobile app (the “App”) to request and schedule rides provided through the Metro micro program. The Services are made available solely for your personal, noncommercial use.
2. Eligibility to Use the Services
By using the Metro micro App, you represent that you are at least 13 years old. If you are a parent or guardian of a minor who has registered for or used the Services without your consent, please contact us at 651-602-1170.
3. Agent of a Company, Entity, or Organization.
If you are using the Services on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you: (1) are an authorized representative of that Organization; (2) have the authority to bind that Organization to these Terms of Use; and (3) agree to be bound by these Terms of Use on behalf of that Organization.
4. Your Account and Login Credentials
To use the Services you must establish an account (“Account”) and must log in by providing a name, username, password, and cellular phone number. Your Account is personal to you, and you may not share your Account information with, or allow access to your Account by, any third party. You will be responsible for all activity that occurs under your access credentials and agree to use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your username and password, and any device that you use to access the Services. You are responsible for your login credentials and for keeping your Account information accurate.
You represent and warrant that the information you provide to Metro micro upon use of the Services and at all other times will be true, accurate, current, and complete. You are responsible for any activity resulting from the use of your login credentials on the Services, including the behavior of any other people that travel in your party while using the Services.
You agree to notify us immediately of any breach in secrecy of your login information. If you have any reason to believe that your Account information has been compromised or that your Account has been accessed by an unauthorized third party, you should immediately notify Metro Transit by email at [email protected]. You are solely responsible for any losses incurred due to any unauthorized use of your Account.
You agree to maintain accurate, complete, and up-to-date information in your Account. If you fail to maintain accurate, complete, and up-to-date information Metro Transit may terminate these Terms of Use and your access to and use of the Services. Additionally, we reserve the right, in our sole discretion, to modify, suspend, or discontinue any part of the Services at any time, with or without notice to you.
There is a risk that unauthorized third parties may engage in illegal activity, such as hacking into Metro micro or Metro Transit’s contracted vendors’ security system(s), or by intercepting transmissions of personal information over the Internet. Metro Transit is not responsible for any data obtained by third parties in an unauthorized manner.
5. Non-Exclusive License
Subject to your compliance with these Terms of Use, Metro Transit grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (1) access and use the App on your personal mobile device solely in connection with your use of the Services; and (2) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Metro Transit licensors.
Although Metro Transit strives to provide content, information, and related materials that are useful and accurate, the nature of the data and other information available via the Services is subject to frequent change. Accordingly, the content information, and related materials available via the Services may not be up-to-date, accurate, or complete at all times.
6. Metro micro App Code of Conduct
In connection with your use of the Services, you agree that you will not:
- Restrict or inhibit any other user from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
- Use the Services for any unlawful purpose;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive or malicious nature;
- Modify, copy, change, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
- Remove any copyright, trademark, service mark, or other proprietary rights notices contained on the Services or “frame” or “mirror” any part of the Services;
- Use any robot, spider, offline reader, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents without our prior written consent; or
- Take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure or the infrastructure of our third-party providers.
Metro Transit reserves the right to block you and other persons that travel in your party from using the Services via the App if you or those persons violate the Metro micro App Code of Conduct.
7. Consent to Receive Emails and Text Messages
By creating an Account, you agree that the Services may send you informational and promotional emails and text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving emails and text (SMS) messages from Metro Transit at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may affect your ability to use the Services.
8. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the App and any updates thereto. Metro Transit does not guarantee that the Services, or any portion of the Services, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
9. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” METRO TRANSIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF USE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, METRO TRANSIT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICE REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED THROUGH THE USE OF THE SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10. Limitation of Liability
EXCEPT AS REQUIRED BY LAW, METRO TRANSIT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF METRO TRANSIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. METRO TRANSIT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (1) YOUR USE OF OR RELIANCE ON THE SERVICES; (2) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR OR OUR AGENTS’ SERVERS; OR (4) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF METRO TRANSIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. METRO TRANSIT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND METRO TRANSIT’S REASONABLE CONTROL. METRO TRANSIT DOES NOT WAIVE ANY LIABILITY LIMITATIONS OR IMMUNITIES CONFERRED ON IT BY STATE, FEDERAL, OR OTHER LAW.
11. Indemnity
You agree to indemnify and hold the Metropolitan Council and its members, officers, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (1) your use of the Services or services obtained through your use of the Services; (2) your breach or violation of any of these Terms of Use; or (3) your violation of the rights of any third party, all without, however, waiving any governmental immunity or liability limitations available to the Metropolitan Council under Minnesota or other law.
12. Termination
These Terms of Use shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms of Use and your access to and use of the Services or any portion of the Services, at any time and for any reason, with or without cause. Additionally, we reserve the right, in our sole discretion, to modify, suspend, or discontinue any part of the Services at any time, with or without notice to you. Upon termination of these Terms of Use, your right to use the Services shall immediately cease. You agree that Metro Transit may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files.
13. Choice of Law
These Terms of Use and the rights and obligations of the parties under these Terms of Use will be governed by, and construed and interpreted in accordance with, the laws of the State of Minnesota without giving effect to principles of conflicts of law. Venue for all judicial proceedings relating to these Terms of Use shall be in the state and federal courts with competent jurisdiction that are located in Hennepin or Ramsey Counties, Minnesota and you irrevocably consent to the jurisdiction of the courts in Hennepin and Ramsey Counties, Minnesota with respect to all disputes arising out of these Terms of Use.
14. Notice
Metro Transit may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to the address in your Account, if you provided one. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting or 12 hours after sending by email. You may give notice to Metro Transit, with such notice deemed given when received by Metro Transit during regular business hours, by first class mail, or pre-paid post to Metro Transit, 560 6th Avenue North, Minneapolis, MN 55411 (to the attention of: Metro micro) or by [email protected].
15. General
You may not assign these Terms of Use without Metro Transit’s prior written approval. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Metro Transit as a result of these Terms of Use or your use of the Services. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Metro Transit’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Metro Transit in writing.
16. Effective Date
September 5, 2022. (Revised October 2024)