Terms of use

1. The agreement

These terms are an agreement between you and 802 Software, LLC, South Burlington, Vermont ("we", "us"), the developer of the BTV Transit app for iPhone, bundle identifier dev.thebt.btvtransit (the "App"). By downloading or using the App you accept them. If you don't, please don't use the App.

2. Your license

We grant you a personal, non-exclusive, non-transferable, revocable license to use the App on Apple devices you own or control, for your own non-commercial use, as allowed by the Usage Rules in Apple's Media Services Terms. We keep all rights in the App. You agree not to:

• copy, modify, sell, rent or redistribute the App;
• reverse-engineer it, except where the law allows despite this restriction;
• scrape, overload or resell access to our server, or use it for anything other than the App;
• submit false "bus didn't come" answers or otherwise try to mislead other riders;
• use the App to break any law.

3. Times, predictions and alerts

Timetables, live positions, predicted times, fares, service alerts and agency details come from the transit agencies and their data providers. They can be late, incomplete or wrong, and buses can run early, late or not at all. Times marked live are predictions; times not marked live come from the published timetable.

Get-off alerts, leave alerts and class alerts depend on your phone's location, notification settings, Focus modes, battery and signal, and on the data being right. They can arrive late or not at all. Use them as a help, not as the only way you catch a bus or get off at your stop. For detours, cancellations, fares and accessible services such as paratransit, the agency is the final word.

4. Staying safe

Don't use the App while driving or cycling, and look up from your phone near traffic and at the curb. Walking directions are suggestions: follow traffic signals, signs and local conditions, which the App may not know about, especially in winter.

5. Independence and data sources

BTV Transit is an independent app. It is not operated, sponsored or endorsed by the Vermont Agency of Transportation or by any transit agency, and it shows no agency logos. Agency names appear only to identify whose service the App shows. Timetables come from Vermont transit agencies through vermont-gtfs.org and are provided as is; the agencies keep all rights in their data. Live data, where available, comes from Swiftly.

6. Your answers

If you answer "did the bus come?", you let us store, count and share your answer as described in the privacy policy: as a count shown to other riders and as weekly totals that transit agencies may receive. Answers don't carry your name or location.

7. Price

The App is free, with no ads and no in-app purchases. If that ever changes, the price will be shown in the App Store before you pay anything, and purchases will be handled by Apple under its terms.

8. Other services

The App uses Apple Maps, Apple's place search and notification services, and Google Firebase Cloud Messaging. Your use of them is governed by their own terms. We are not responsible for services we don't control.

9. Apple

These terms are between you and us, not Apple. In addition:

• Apple is not responsible for the App or its content.
• Apple has no obligation to provide maintenance or support for the App. We provide support at the address below.
• If the App fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the extent the law allows, Apple has no other warranty obligation for the App, and any other claims, losses or costs from a failure to meet a warranty are ours to handle under these terms.
• We, not Apple, are responsible for handling any claim relating to the App or your use of it, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If anyone claims the App infringes their intellectual property, we, not Apple, are responsible for the investigation, defense, settlement and discharge of that claim.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must also follow any third-party terms that apply when using the App, such as your wireless carrier's.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

10. Disclaimer

To the extent the law allows, the App and all information in it are provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We don't promise that the App will be uninterrupted, error-free or always available.

11. Limitation of liability

To the extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for a missed bus, connection, appointment, class or fare, arising from the App or these terms. Our total liability for any claim is limited to fifty U.S. dollars.

Some places don't allow these exclusions or limits, so they may not all apply to you. Nothing in these terms limits rights you have under law that can't be waived.

12. Ending

You can stop using the App at any time by deleting it. We may suspend or end your license if you break these terms, and we may change or stop offering the App. Sections 3, 5, 10, 11 and 13 continue after the license ends.

13. Law and disputes

Vermont law governs these terms, without regard to its conflict-of-laws rules. Disputes will be heard in the state or federal courts in Vermont, unless the law where you live gives you the right to bring them in your local courts. Before going to court, please email us; most problems can be fixed quickly.

14. Changes

We may update these terms. The new version will be posted here with a new date, and material changes will be noted in the App's release notes. Using the App after a change takes effect means you accept it.

15. Contact

802 Software, LLC, South Burlington, Vermont. info@802.software