VENTRA MOBILE APPLICATION LICENSE AGREEMENT

The Ventra Mobile Application (the or this “Application”) is provided to you by the Chicago Transit Authority (“CTA”, “we”, “us” or “our”), on behalf of ourselves and our affiliates and subsidiaries and other transit authorities participating in the Ventra fare system, including but not limited to: the Suburban Bus Division of the Regional Transportation Authority (“Pace”) and the Commuter Rail Division of the Regional Transportation Authority (“Metra”) as a service to the public and our customers. Each of CTA, Pace and Metra may be referred to individually as a “Ventra Participating Transit Agency” and collectively as the “Ventra Participating Transit Agencies”. To authorize and assist you in using this Application, and to ensure a clear understanding of the relationship arising from your use of this Application and the services we may offer through this Application, we have created (i) this Ventra Mobile Application License Agreement (this “License Agreement”), (ii) the Ventra Program User Agreement (the “Ventra User Agreement”) and (iii) a Privacy Policy. Our Privacy Policy explains how we treat personal information you provide to us through this Application.

By using this Application, you agree to be bound by this License Agreement. This License Agreement is between you and CTA (on behalf of CTA and the other Ventra Participating Transit Agencies) only, and only pertains to your use of the Application. The fare policies of CTA, Pace and Metra can be found at their respective web sites.

The Ventra User Agreement and Privacy Policy apply to this License Agreement.

Your use of the Application is subject to our Ventra User Agreement and Privacy Policy, which are both incorporated into this License Agreement by reference and are available at www.ventrachicago.com. You may provide us with your Personal Information (defined below) when you (i) register for a transit account with Ventra (a “Ventra Transit Account”); (ii) contact the Ventra Customer Service and Ventra Call Center through any means (email, customer service agent, interactive voice response system) and/or (iii) tap your contactless payment media. Personal Information may be collected by the CTA or our third party contractor who administers the Services on our behalf. For purposes of this License Agreement, "Personal Information" means any information concerning a natural person that can be linked to that person. Personal Information concerning your Ventra Transit Account that is available through this Application will be protected through the use of passwords and PIN numbers that you choose, and you are responsible for keeping secure and confidential. By providing us with your email address, you agree to receive information concerning your account and the program by email. In addition, third party contractors operate this Application and assist the CTA with the Ventra Customer Service and Ventra Call Center. These third party contractors are subject to our Privacy Policy. By using any of the Services, and/or registering for a Ventra Transit Account, you agree that (a) you have read, understood, and accepted our Privacy Policy and (b) you allow the CTA, the other Ventra Participating Transit Agencies and the third party Ventra contractor(s) access to your Personal Information.

Application Use.

CTA grants you the limited right to install and use this Application only for your personal use on a mobile product that you own or control and as permitted by any terms of use required by the party providing the app store from which you have downloaded this Application. You may not modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application. You may not rent, lease or otherwise transfer rights to this Application. You may not use this Application in any manner that could impair any Ventra Participating Transit Agencies’ sites in any way or interfere with any party’s use or enjoyment of any Ventra Participating Transit Agencies’ sites, including any use of this Application that imposes or may impose an unreasonable or disproportionately large load on the Ventra Participating Transit Agencies’ infrastructure. You must use the Application in compliance with all applicable laws.

You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement). Your right to use this Application is subject to immediate termination if you violate any provision of this License Agreement, the Ventra Program User Agreement or any of the Ventra Participating Transit Agencies’ rules, regulations, terms and conditions.

Operating System Requirements.

The Ventra Mobile Application is available free of charge at the Apple iTunes Store and Google Play Store.

CTA works to support the latest versions of the operating systems on which the Ventra Mobile Application is deployed. You should update your mobile devices if you do not have the latest available version installed.

CTA reserves the right, without notice, to change or update from time to time the minimum operating system requirements for the Ventra Mobile Application. CTA also reserves the right to refuse to allow the Ventra Mobile Application to be fully utilized on any operating system that is behind by more than two releases. Generally, if you fail to upgrade your mobile device’s operating system to meet the minimum requirements, you will not be able to access software updates for the Ventra Mobile Application and you may no longer be able to utilize the Ventra Mobile Application from your mobile device. If this is the case, you will still be able to pay fare by logging onto ventrachicago.com using any browser version.

If you are unable to access Ventra tickets on your Ventra Mobile Application or if you inadvertently deleted the Ventra Mobile Application and are unable to re-install it, you can notify Ventra by going to www.ventrachicago.com and submitting a customer service request, by calling 1.877.NOW.VENTRA (1.877.669.8368), or by visiting the Ventra Customer Service Center. Please bring a photo I.D. with you for this transaction.

Once you notify Ventra that you are unable to access Ventra tickets on your Ventra Mobile Application or if you inadvertently deleted the Ventra Mobile Application and are unable to re-install the mobile application, the Ventra Customer Service and/or Ventra Call Center will assist you in ensuring that any refunds (if applicable) are made directly to your funding source and cancelling all inactive tickets.

Links to Third Party Services.

This Application may contain links to websites, applications, social media platforms, search engines or other products or services operated by other companies (“Third Party Services”) by allowing the user to leave the Application to access third party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology (a "Linked Site"). For example, many mobile apps that CTA or the other Ventra Participating Transit Agencies promote are developed and offered by third parties. All decisions as to the placement of links to external sites or pages from the services will be made by CTA in its sole discretion. CTA and the other Ventra Participating Transit Agencies have no discretion to alter, update, or control the content on a Linked Site. CTA and the other Ventra Participating Transit Agencies are not responsible for the content of any Third Party Services, nor do we warrant that a Third Party Services will be free of computer viruses or other harmful code that can impact your mobile device. Third party Services are governed by the separate terms and privacy practices of such third parties. The fact that CTA has provided a link to a Third Party Service is not an endorsement, authorization, sponsorship, or affiliation with respect to such Third Party Service, its offerings, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, CTA and the other Ventra Participating Transit Agencies urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site. In the case of third party apps, we list or link to them merely as a convenience to our users, and CTA and the other Ventra Participating Transit Agencies expressly disclaim any liability for these Third Party Services.

Third Party platform integrations.

The Ventra website may integrate with third party platforms and Digital Wallets (defined below) and other payment services managed or owned by a third party. A mobile device wallet, such as Apple Pay or Google Pay (individually, a “Digital Wallet” and collectively, the “Digital Wallets ”), allows you to store credit or debit card account information in your mobile device and select one card to be charged whenever the mobile device is used to make a purchase. If you use the services offered by a third party platform, including or using a third party platform as a form of payment, you authorize the CTA and the other Ventra Participating Transit Agencies to collect, store, and use any information that you agreed the third party platform would provide to the CTA and the other Ventra Participating Transit Agencies, such as your name, profile picture, unique identifier, and email address. When you use a third party platform through this Application, the third party may also have access to information about you and your use of this Application. Please review these third parties’ privacy notices and terms of use carefully, as the CTA or the other Ventra Participating Transit Agencies do not control and cannot be responsible for these providers' privacy or information security practices.

Ventra Cards.

There is a non-refundable $5 fee for the purchase of a Ventra Card through this Application. However, the cost of your Ventra Card will be credited to your Ventra Transit Account as Transit Value if you register your account within 90 days after purchasing your Ventra Card. The Ventra Participating Agencies do not charge any fee for adding your Ventra Card to a Digital Wallet (i.e., Apple Pay or Google Pay). Only Ventra Cards that CTA determines are eligible can be added to a Digital Wallet. If your Ventra Card or the underlying account is not in good standing, that Ventra Card will not be eligible to be added to or enrolled in a Digital Wallet. In addition, if you are adding a Ventra Card to a Digital Wallet for the first time, then at least $5 of Transit Value must be stored on the Ventra Card before it can be added to a Digital Wallet.

Ventra Fare Payment.

You may use more than one method when paying a fare through the Ventra Mobile Application (i.e., you may split the payment of a fare between two or more Ventra payment methods). For example, if you have 50 cents in your Ventra Transit Account, you can make up the difference with cash or credit or debit bank card, the balance in your Ventra Transit Account or another form of payment such as another Ventra Card.

When paying a fare using any other method, you may only use one method for to pay a fare payment at a Ventra reader (i.e., you cannot split the payment of a fare between two or more Ventra payment methods). For example, if you have 50 cents in your Ventra Transit Account, you cannot make up the difference with cash or another form of payment such as another Ventra Card. Instead, the entire fare due must come from one payment source.

A Ventra payment method which does not have sufficient value, or is otherwise declined by the card issuer may result in your being denied entry into the train or bus.

Registration.

Registration of a Ventra Transit Account is optional for Application users; however, if a Ventra Transit Account is not registered by a user (such user being referred to herein as an “anonymous user”), such anonymous users may not add Transit Value into their Ventra Transit Account (including automatically re-loading transit value into such account) or purchase Transit Passes through the Application. Further, Metra tickets purchased by anonymous users may not be replaced in the event the mobile device is lost, damaged or stolen. A registered Ventra Transit Account will allow a customer to use fully the services provided by the Application. You can register an account through the Application, by going online to www.ventrachicago.com, by calling Ventra Customer Service at 877.NOW.VENTRA (877.669.8368) or by visiting the Ventra Customer Service Center in person at the Ventra Customer Service Center, 567 W. Lake St., 2^nd Floor, Chicago, IL 60661.

If you have a compatible mobile device, you have the option of using it in place of a Ventra Card for travel. If you have insufficient Transit Value or pass in your Ventra Transit Account linked to your compatible mobile device, or if you do not purchase Transit Value or a pass before you travel, you will be charged the Pay-As-You-Go (PAYG) fare.

How to add a Ventra Card to a Digital Wallet?

You can add an eligible Ventra Card to a Digital Wallet by either following our instructions included below or by following the instructions of the Digital Wallet provider.

Digital Wallets may be preloaded on select devices. If your device does not have the app, simply download it from the applicable app store on your device.

To add your Ventra Card to a Digital Wallet, choose the icon of the Digital Wallet (i.e., Apple Pay or Google Pay), and log in using your credentials for the Digital Wallet. If you do not already have an account with the Digital Wallet, you can create one. Digital Wallets require that you sign into the account you create before you register your Ventra Card. Once logged in, you can select ADD CARD in the Digital Wallet to begin the process of adding your Ventra Card. Read and accept the Terms and Conditions for adding a card to a Digital Wallet by touching AGREE TO ALL. Once complete, your card is ready for use in the Digital Wallet.

We reserve the right to terminate our participation in a Digital Wallet or with a Digital Wallet provider at any time.

Important Information Regarding Using a Mobile Device Wallet on Ventra

You can use your Digital Wallets to pay for fares on Ventra. Digital Wallets are not subject to this User Agreement or Ventra’s Privacy Policy. Digital Wallets are governed by separate terms of use and privacy policies. You agree and understand that use of Digital Wallets to pay for fares on Ventra is at your own risk and to use such Digital Wallets you must visit the individual sites of the Digital Wallets and review their privacy and security policies and other terms and conditions, as they may be different from those of our sites. Neither CTA nor the other Ventra Participating Transit Agencies sponsor or endorse any of the Digital Wallets. We expressly disclaim any liability for these Digital Wallets. CTA does not guarantee and is not responsible for the privacy or security of these sites, including the accuracy, completeness or reliability of their information.

When using a Digital Wallet payment service on Ventra, you need to be aware of the following:

• You can purchase Transit Value and passes at a Ventra vending machine or Ventra Mobile Application, as well as travel by paying a PayAs-You-Go (PAYG) fare; and
• Ventra will be able to provide limited customer support for issues relating to the addition and/or use of a Ventra Card in a Digital Wallet. Ventra will not be able to provide you with customer support for issues relating to payment of PayAs-You-Go (PAYG) fares with a Digital Wallet. Additional customer support can also be handled by the Digital Wallet provider and/or your bank.

√ - Contact your mobile service provider for more information about Digital Wallet use.

Lost, Stolen, or Damaged Ventra-Linked Mobile Devices

Visit www.ventrachicago.com or call 1.877.NOW.VENTRA (1.877.669.8368) immediately to report your mobile device as lost, stolen, or damaged. If you have registered your Ventra Transit Account, the balance in your Ventra Transit Account is protected after you report the loss or damage to Ventra.

After you notify Ventra that your mobile device is lost, stolen, or damaged, Ventra will unlink that mobile device from your Ventra Transit Account. After the mobile device is unlinked, it can no longer access your Ventra Transit Account or be used for travel. You must contact Ventra Customer Service by calling 1.877.NOW.VENTRA (1.877.669.8368), or visiting the Ventra Customer Service Center, and provide the Account Access Code for your account to link a new mobile device to the Ventra Transit Account in order to use any remaining Transit Value or passes in the Ventra Transit Account. Your Ventra Transit Account will be charged for rides taken until Ventra is notified that a linked mobile device is lost, stolen, or damaged. Registered account holders will not be responsible for unauthorized use of a lost or stolen mobile device after reporting the loss to Ventra in accordance with this paragraph.

You are responsible for notifying your mobile provider regarding lost or stolen mobile devices.

Intellectual Property.

CTA and the other Ventra Participating Transit Agencies own, or are licensees to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Other company, product, or service names mentioned in the Application may be trademarks of their respective companies. You are not authorized to use any of the trademarks displayed in connection with the Application without the express written permission of the respective owner of such trademark.

You may not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from, or reproduce the Application or any of the content made available through the Application. Without limitation to the foregoing, you may not remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by the Application.

Disclaimer of Warranties.

THE APPLICATION AND THE SERVICE(S) ACCESSED BY IT, AS WELL AS ANY LINKS TO THIRD PARTY SERVICES OR LINKED SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CTA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS APPLICATION, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING. CTA AND THE OTHER VENTRA PARTICIPATING TRANSIT AGENCIES DO NOT WARRANT THAT THE APPLICATION OR THE SERVICES WILL BE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE. WE ASSUME NO LIABIITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE ACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THRID PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SERVICES. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR MOBILE DEVICE ARSING FROM YOUR USE OF THE APPLICATION OR THE SERVICES.

You download and use the Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

Limitation of Liability.

NEITHER VENTRA, CTA, THE OTHER VENTRA PARTICIPATING TRANSIT AGENCIES NOR ANY OF THEIR AFFILIATES, LICENSORS, CLIENTS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (“VENTRA RELEASEES”) ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS CONTAINED ON THE SERVICES, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE VENTRA RELEASEES SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THIS APPLICATION, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF VENTRA OR CTA OR THEIR RELEASEES, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS APPLICATION, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) 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 VENTRA, AND/OR (VI) THE FAILURE OF ANY VENTRA PARTICIPATING TRANSIT AGENCY TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SERVICES, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF VENTRA AND THE VENTRA PARTICIPATING TRANSIT AGENCIES AND THEIR LICENSORS, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES AND LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE ONE HUNDRED DOLLARS ($100.00).

Indemnification.

You will indemnify and hold harmless the CTA and the other Ventra Participating Transit Agencies, their affiliates, licensors, clients, suppliers, advertisers and sponsors, contractors and their respective directors, officers, employees, consultants, agents and other representatives (collectively referred to herein as the “Indemnified Parties”), from and against any all claims, damages, losses, costs (including reasonable attorneys’ fees and other reasonable expenses of litigation or arbitration) and other expenses which any of the Indemnified Parties or third parties may incur, sustain, or be subject to that arise directly or indirectly out of or from (a) your breach of this License Agreement; (b) any allegation that any materials you submit to the Indemnified Parties or transmit via the Ventra Mobile Application infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your use of Ventra and the Ventra Mobile Application, and the Ventra Participating Transit Agencies’ systems.

Third Party Beneficiaries.

Your mobile operating system provider, Metra, Pace and Cubic Transportation Systems, Inc. are each a third party beneficiary of this License Agreement, and such third party beneficiary has the right to enforce this License Agreement against you.