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Terms of Use

Charlie Terms & Conditions

Massachusetts Bay Transportation Authority (MBTA)

These Charlie Services Terms & Conditions (these "Terms") apply to the Charlie fare payment services and technology (collectively, the "Charlie Services") provided to you by the Massachusetts Bay Transportation Authority and our affiliates and subsidiaries (collectively, the "MBTA", "we", "us", or "our"). The term "Charlie Services" includes, by way of example, the following: (i) the services and information available on the subdomain at charlie.mbta.com;(the "Charlie Site"); (ii) the Charlie mobile application (the "Charlie App"); (iii) fare payment services, including fare payment readers and related technology (the "Charlie System"); and (iv) customer support services ("Customer Support").

To assist you in using the Charlie Services and to ensure a clear understanding of the relationship arising from your use of the Charlie Services, we have created these Terms and our Privacy Policy. These Terms apply to anyone that accesses or uses the Charlie Services (collectively, "you" and "your").

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU ACCESS OR USE THE CHARLIE SERVICES. BY ACCESSING OR USING THE CHARLIE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE LEGALLY BOUND BY THESE TERMS, THEN PLEASE DO NOT ACCESS OR USE THE CHARLIE SERVICES.

1. Your Agreement to these Terms.

These Terms set forth the terms and conditions under which you agree to use the Charlie Services. These Terms apply to all users of the Charlie Services, including users who create accounts for use with Charlie Services (each, a "Charlie Account"), visitors to the Charlie Site, Charlie App users, and customers who use the Charlie System.

By accessing or otherwise using our Charlie Services, 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" or similar button when you use certain portions of our Charlie Services. For example, by accessing the Charlie Services (i) on any computer, phone, tablet, console, or other device, (ii) through use of a digital wallet on a smart device such as a mobile phone or wearable device, or (iii) by tapping a contactless credit, debit or prepaid card, you confirm that you have read, understood, and agreed to be legally bound by these Terms, whether or not you registered for a Charlie Account.

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

YOU MUST BE AT LEAST THIRTEEN (13) YEARS OLD TO ACCESS OR USE THE CHARLIE SERVICES. DO NOT ACCESS OR USE THE CHARLIE SERVICES IF YOU ARE UNDER 13 YEARS OLD. PLEASE REFER TO OUR PRIVACY POLICY FOR ADDITIONAL INFORMATION REGARDING AGE RESTRICTIONS ON OUR PLATFORM. IF YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, THEN BY ACCESSING OUR PLATFORM YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT TO BE BOUND BY THE TERMS. IF YOU ARE THIRTEEN (13) YEARS OR OLDER, BUT HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, THEN BY ACCESSING OUR PLATFORM, YOU AGREE THAT YOUR PARENT OR GUARDIAN HAS REVIEWED, AND ACCEPTS TO BE BOUND BY, THESE TERMS.

2. Fare Payment.

  • 2.1 Tariff and Fare Rules. The MBTA Tariff and Statement of Fare and Transfer Rules (the "Tariff") (available at https://www.mbta.com/tariff) states the official fare structure of the MBTA. The Tariff is incorporated into these Terms by reference. The Tariff and the fares are subject to change in accordance with our policies and applicable law. Please visit https://www.mbta.com/fares for a summary of MBTA fares and passes.
  • 2.2 Using the Charlie Services for Travel. You may use the Charlie System to pay your fare via any of the following compatible payment methods (each, a "Compatible Card"):
    • MBTA-issued plastic, paper, and virtual Charlie Cards (each, a "Charlie Card"). Certain types of Charlie Cards may be subject to a fee when you purchase them ("Card Fee"). Please also note that legacy "CharlieCards" issued for use with older card readers (i.e. "legacy" cards) may not be compatible with the Charlie System, in which case such cards may only be used with compatible "legacy" card readers. Please refer to Section 3.4 (Balances and Passes on Legacy CharlieCards) for more information about transferring your balance from a legacy CharlieCard to a new Charlie Card compatible with the Charlie System.
    • Contactless debit, credit, or prepaid cards issued by a bank or other financial institution, with Offline Data Authentication (ODA).
    • Digital wallet (or a "mobile wallet") on a smart device with an associated credit, debit or prepaid card, such as a smart phone or a wearable (for example, Apple Pay, Google Pay, and Samsung Pay).

Do not punch holes in your plastic or paper Charlie Card – the card contains a chip and antenna. If damaged, the Charlie Card may not work. Except in specific cases defined in the Tariff, each rider must have their own Compatible Card when traveling. If requested by the MBTA, each rider must present the Compatible Card they used for travel.

  • 2.3 How to Use Compatible Cards.
    • You may use a Compatible Card with the Charlie System by "tapping" or holding your Compatible Card up to a Charlie System reader. Except for permitted transfers, you will be charged the applicable fare to the account linked to your card each time you tap.
    • Tap only one card at a time. To ensure proper functioning of the Charlie System, remove your Compatible Card from your wallet, purse, or phone case before paying your fare. If you tap using a legacy CharlieCard, you should also separate that from any Compatible Cards before tapping. Touch only the card or device you wish to use to the Charlie System to pay a fare. The MBTA is not responsible if your fare is charged to a card or through a mobile device that you did not intend to use, due to your failure to properly adhere to these Terms or other posted instructions.
  • 2.4. Lost or Stolen Cards.  Please immediately report any lost, stolen, or damaged Compatible Cards to us and, if applicable, the card issuer. You can submit a report to us using one of the methods set out in Section 25 (Contact Us). Once you notify us that your Compatible Card is lost, stolen, or damaged, we will block this Compatible Card from use with the Charlie System. Your Compatible Card may continue to be charged for taps made at Charlie System readers until you notify us that your card is lost, stolen, or damaged. The MBTA is not responsible for any use of a card prior to its deactivation or transfer to a new card. We encourage to you register your card with the MBTA as doing so may facilitate recovery should your Charlie Card become lost or stolen.
  • 2.5. Pay-As-You-Go. If you use a contactless credit, debit, or prepaid card or mobile wallet, you will be charged a "Pay-As-You-Go" fare, which will be charged to your credit or debit card or an account linked to your mobile wallet each time you tap.
  • 2.6 Blocks on Your Card. We may temporarily or permanently block your access to the Charlie System in certain circumstances, including the following:
    • Temporary Block. We may temporarily block your use of a Compatible Card to access the Charlie System if: (i) there are insufficient funds associated with the card; (ii) there is suspicion of fraudulent or other illegal activity in connection with the use of such card; (iii) such card is declined by the financial institution when the MBTA submits the charge to such financial institution; (iv) two different instances of the same card such as the physical card and the same card in mobile wallet have been used; or (v) upon your request to Customer Support. A temporary block on a Compatible Card may be removed by contacting Customer Support and verifying that you have resolved the underlying issues.
    • Permanent Block. We may permanently block your use of a specific Compatible Card to access the Charlie System if: (i) there is verified fraudulent or other illegal activity in connection with the use of such card; (ii) such card is reported to the MBTA as lost, stolen, or damaged; (iii) a negative balance is not repaid for an extended period of time; (iv) attempts to recover funds associated with declined transactions from the financial institution fail; (v) your card has expired; or (vi) upon your request to Customer Support.
  • 2.7. Fare Evasion Citations 
    • Using MBTA services without paying the correct fare is prohibited. Any rider who does not pay the correct fare, including who fraudulently uses someone else's reduced fare card, may be issued a warning or citation with a fine. Warnings and citations may be associated with both: (i) the individual passenger; and (ii) the Compatible Card presented for inspection, including as such card is registered to the Charlie System. If you are charged with a citation, and you disagree with your citation or are unable to pay the citation due to a financial hardship, you can file an appeal or request a hearing by visiting https://www.mbta.com/safety/fare-evasion-citations.
    • Fines can be paid online, by phone, or by mail. Citation payments are handled by third party payment processor(s), as further set out in Section 3.10 (Payment Processors.

3. Purchases.

  • 3.1. Balances; Overpayments.
    • Your balance may be made up of different types of transit value, including: (i) regular transit value; (ii) refundable transit value; and (iii) pre-tax transit value. The total amount of all types of transit value is your balance.
    • If you use cash to purchase transit value, in-station fare vending machines can give change. Streetscape fare vending machines cannot issue change. For example, if you load a $20 bill into a streetscape fare vending machine, but you wish to only store $15 of transit value on your Charlie Card, the $5 balance will be issued and stored as "refundable transit value" on your card. You can use your refundable transit value to pay fares or buy passes, or you may choose to cash it out at an in-station fare vending machine or at the Charlie Card Store. Please note that if you do not cash out refundable transit value within ninety (90) days, it will be converted to non-refundable transit value and no longer available to cash out.
  • 3.2. Dormant Accounts with Negative Balance. If you have negative balance (e.g. because you rode further than allowed by your balance), and you do not pay off the negative balance within twenty-six (26) months, the MBTA may close your account and block your card. The MBTA reserves the right to terminate any accounts with negative balance permanently.
  • 3.3. Expiration of Unused, Stored Transit Value Transit value expires if it is unused for twenty-six (26) months from the time it was purchased. If you make multiple purchases of stored transit value, the Charlie System will draw from the oldest purchased transit value first. Each pass product is subject to its own expiration rules. For more information, please visit the Fares Overview page of our website, available at https://www.mbta.com/fares.
  • 3.4. Balances and Passes on Legacy CharlieCards. We encourage riders to use any remaining balance and passes on legacy CharlieCards prior to switching to a new Compatible Card. Unused transit value and passes are subject to expiration as described in Section 3.3 (Expiration of Unused, Stored Transit Value). Moreover, legacy CharlieCards may not be compatible with the Charlie System as further set out in Section 2.2 (Using the Charlie Services for Travel). Contact us to learn about transferring your balance from a legacy CharlieCard to a new Charlie Card compatible with the Charlie System. We reserve the right, in our sole discretion, to deny requests to transfer balances for any reason.
  • 3.5. Passes. In addition to transit value, you may also store passes on your Charlie Card, which entitle you to travel in accordance with the fare rules for that pass.
  • 3.6. No Refunds or Resales. Fare products once purchased, including any Card Fee, are non-refundable. Failure or delay in the provision of any service for which you purchased fare products does not entitle you to a refund. Charlie System products may not be resold.
  • 3.7. Payments from Mobile Wallets. If you have a compatible mobile device, you may pay for fares and purchases using your mobile wallet. To use a mobile wallet with the Charlie System, you must agree to the separate terms and conditions that apply to your use of the mobile wallet, including the terms and conditions of the third-party provider of such mobile wallet (e.g. Apple, Samsung, or Google). You will have the opportunity to review and accept such separate terms and conditions before you use your mobile wallet with the Charlie System. To enable your use of your mobile wallet with the Charlie System, the MBTA may share your information with the applicable third-party provider(s) of your mobile wallet.
  • 3.8. Payments from Saved Credit or Debit Cards. The Charlie Services allow you to link your credit or debit card to pay for certain purchases. You can make purchases: (i) using your username and password on the Charlie Site, (ii) using your username and password on the Charlie App, (iii) using your Customer Support PIN on our automated phone system, (iv) using your Customer Support PIN on the phone with a live agent, or (v) using your Customer Support PIN in person at a Customer Support center. Items purchased may be delivered electronically or by mail.
  • 3.9. Payments from Bank Accounts. The Charlie Services allow you to link your checking account at an eligible U.S. bank or other financial institution to pay for certain purchases (the "Pay from Bank" feature), subject to Section 3.10 (Payment Processors). You can make purchases (i) using your username and password on the Charlie Site, (ii) using your username and password on the Charlie App, (iii) using your Customer Support PIN on our automated phone system, (iv) using your Customer Support PIN on the phone with a live agent, or (v) using your Customer Support PIN in person at a Customer Support center. Items purchased may be delivered electronically or by mail. All Pay from Bank purchases made through Charlie Services are handled by Fiserv's TeleCheck Solution, as further set out in Section 3.10 (Payment Processors).
  • 3.10. Payment Processors. When you make payments online or subscribe to recurring payments using the Charlie Services, you authorize our third-party payment services providers ("Payment Processor(s)") to charge you using your selected payment method. Your use of a 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. For example, the Pay from Bank feature utilizes payment services made available by TeleCheck, your use of which services are subject to the terms and conditions. Additionally, your use of the Google Pay service is governed under Google's terms of service, and the Apple Pay is governed under Apple's terms of service. When you make payments to purchase products from a third-party retailer or community partner, your payments will be processed through that entity or on its behalf by its payment services providers.

4. Charlie Accounts.

You do not need to create an account to use the Charlie Services, however, certain features are only available to users who create, and are logged into, their Charlie Account. As set out in the MBTA Privacy Policy, you must provide us with certain information, including personal information, to create a Charlie Account.

  • 4.1. Authentication via Password and Customer Support PIN.
    • When you create a Charlie Account, including if you sign in to the Charlie Services through a third-party platform such as Facebook, Google, or Apple (each, a “Third Party Platform” ), you will be required to set a password and a Customer Support PIN. The password is used when logging into your account on the Charlie Site or Charlie App. The customer support PIN is used to authenticate when you call Customer Support.
    • We will treat anyone who uses your password or Customer Support PIN as "you". We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for user activities associated with your Charlie Account. We therefore recommend that you maintain your Charlie Account password and Customer Support PIN in confidence, and that you do not share your password or Customer Support PIN.
  • 4.2. Authentication via Social Login.
    • The Charlie Services may integrate with Third Party Platforms. If you sign-in to the Charlie Services through a Third Party Platform, then you authorize the MBTA to collect, store, and use any information that you agreed the Third Party Platform would provide to the MBTA, such as your name, profile picture, unique identifier, and email address. For example, if the Third Party Platform provides us with your name and email address, we will pre-populate your Charlie Account registration form using such information, however, you will have the ability to modify these values before submitting the registration form. If the Third Party Platform provides us with any information that we do not need such as a profile picture, we will not store or use that information.
    • When you use a Third Party Platform to interact with the Charlie Services, you acknowledge and agree that the Third Party Platform may also have access to information about you and your use of the Charlie Services. The MBTA does not own any Third Party Platform and does not assume any responsibility or liability for any content, opinions, or material available on or through the Third Party Platforms or for the information security and privacy practices of the Third Party Platforms, and your use of any Third Party Platform is at your own risk.

5. Autoload.

The Charlie Services include an "autoload" program, which is intended as a replacement for the MBTA "Auto-Pay" program. If you wish to enroll in the autoload program, you must create a Charlie Account and accept the Autoload Terms of Use. Please note that if you join or exit a reduced fare group, then you must reestablish your autoload settings.

6. Account Managers.

You may designate an authorized account manager to manage your Charlie Account ("Account Manager"). You will be required to verify your identity when making a request to designate an Account Manager. The Account Manager will have full access to all of your account information, including your name, contact details, trip history, and group membership. The Account Manager will also be able to manage your Charlie Account, including to receive notifications about your Charlie Account and make purchases on your behalf via your Charlie Account. You can revoke your authorization of an Account Manager via the Charlie Site or the Charlie App, or by contacting Customer Support.

7. Groups Benefits: Reduced Fares.

Some employers, schools, and other organizations offer transit benefits to their members as part of group programs, generally described at https://www.mbta.com/pass-program. Check with your affiliated organizations to see if you may be eligible for such benefits. The MBTA also offers reduced fares to those who qualify. You can find more information about such reduced fare programs here: https://www.mbta.com/fares/reduced. Each group program may be subject to separate terms and conditions. As such, please contact your affiliated organizations' group administrators ("Group Administrator(s)") for more information. To receive the benefits associated with a group program, your card must be associated with that group. If you have multiple cards, only one card may be associated with the group benefits.

  • 7.1. Joining and Leaving a Group.
    • By joining a group, information about your reduced fare entitlements will be made available to the Group Administrator(s). For example, if you qualify for a reduced fare and receive transit benefits from your employer, the Group Administrator of your employer may be able to see the type of reduced fare for which you are eligible.
    • If you wish to leave a group, you may do so by contacting the Group Administrator for that group. Group Administrator contact details are available through the Charlie Site, Charlie App, or Customer Support.

  • 7.2. Group Administration. Organizations that offer transit benefits to their members may use the Charlie Group Administration website (available at groups.mbta.com) (the "Group Administration Site") to manage group members, provide benefits, and order cards in bulk. The Group Administration Site allows Group Administrators to upload identifying information about their group members, including names, contact details, and ID numbers. Group member ID numbers (e.g. employee number, student number) can be used to look up the group member in an external system. The Group Administrator is responsible for ensuring that no sensitive ID numbers (e.g. social security numbers) are entered into the Group Administration Site.

8. User Content.

  • 8.1. Our Rights in User Content. Your feedback and participation are important to us. With respect to any content you submit to us or otherwise make available for public posting (including through social media channels), such as comments, suggestions, pictures, videos, and other content (collectively, "User Content"), you grant us a non-exclusive, perpetual, worldwide, royalty-free, transferable license to copy, modify, distribute, publicly display, publicly perform, and otherwise use the User Content in any manner and in any location, channel, or medium, without compensation or attribution to you and for so long as we deem warranted (collectively, the "Use Rights"). In addition, you authorize us to grant some or all of the Use Rights to any third party.

  • 8.2. Permission for User Content. By submitting User Content, you represent and warrant that you own such User Content (including any copyright and other intellectual property rights therein), or that you have obtained sufficient authority and right to provide the Use Rights. For example, by sending us a testimonial of your experience with the MBTA along with a photo or video of that experience, you represent and warrant to us that you have obtained the necessary permission from anyone appearing in the photo or video to grant us the Use Rights.

  • 8.3. User Content that Includes Personal Information. If you provide User Content for public posting or otherwise post User Content via the Charlie Services, then we will treat such User Content as non-confidential and non-proprietary to you. User Content that you provide may, once published, be publicly available to anyone. Although we may review User Content prior to using it, we make no representations or warranties regarding any User Content or our review of such User Content. In addition, any personal information that is included in User Content may be posted on the Charlie Site or otherwise used and may be made publicly available. For example, you may include your name, mailing address, and email address in one of our social media channels. This information will be publicly available. As such, please use discretion when including personal information and other details in User Content that you provide to us.

  • 8.4. Right to Decline User Content. We reserve the right to refuse to use, disable, or remove User Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of the Charlie Services.

9. Intellectual Property.

As between you and us, all information, software, artwork, text, video, audio, pictures, logos, and other content available on or through the Charlie Services (except for User Content), including all associated intellectual property rights (collectively, the "Charlie Services Content"), is the property of the MBTA or its licensors, is protected by copyright and other intellectual property laws, or is included based on principles of "fair use". The MBTA and its licensors retain all rights with respect to Charlie Services Content except those expressly granted to you in Section 10 (Limited Grant of Rights to You) below. The MBTA name and logo and other trademarks, service marks, and logos that we use, and any proprietary product or service names contained in the Charlie Site and/or Charlie App, or other components of the Charlie Services, are protected by copyright or are trademarks of the MBTA and may not be copied, imitated, or used, in whole or in part, without the MBTA's prior written permission. Third party trademarks that appear in connection with the Charlie Services are the property of their respective owners. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the Charlie Services Content, or other material displayed in connection with the Charlie Services, without the express written permission of the MBTA.

10. Limited Grant of Rights to You.

Subject to your compliance with these Terms, we grant you the limited right to access the Charlie Services in order to: (i) learn more about the Charlie Services and the MBTA; (ii) create a Charlie Account; (iii) register for email or text notifications and alerts and other materials the MBTA may make available from time to time; (iv) submit inquiries and User Content to us; (v) participate in and receive those Charlie Services that we make available to you; (vi) access other information that we make available through our Charlie Services; (vii) download and use the Charlie App in compliance with its available features and functionality; and (viii) download and print pages from our Charlie Site, provided that (a) you, and anyone with whom you share the print outs, use the print outs for personal use, and (b) you do not alter any copyright, trademark, or other proprietary notices as they appear on the print outs (collectively, the "Permitted Uses"). Apart from the Permitted Uses, you shall not use, copy, modify, distribute, sell, duplicate, create derivative works, access, or otherwise use the Charlie Services or any materials that we have made available via the Charlie Services, or reverse engineer or attempt to extract the source code of certain Charlie Services. This grant of rights in the Permitted Uses is for the sole purpose of you enjoying the Charlie Services and is revocable at any time by the MBTA for actual or suspected violation of these Terms or our Privacy Policy.

11. Prohibited Conduct.

As a condition to your use of the Charlie Services, you agree not to use, allow others to use, or assist any other person or entity to use the Charlie Services if such use constitutes "Prohibited Conduct", which shall include, but not be limited to, use that: (i) violates the MBTA Rider Rules and Regulations (available at https://www.mbta.com/safety/rider-rules-and-regulations), or (ii) infringes or misappropriates another person's intellectual property rights or violates their privacy or publicity rights.

12. Third Party Sites and Platforms.

The Charlie Services may contain links to websites, applications, social media platforms, search engines, or other products or services operated by third parties (the "Third Party Services"). For example, many mobile apps that the MBTA promotes are developed and offered by third parties. The MBTA is not responsible for, and does not endorse, any Third Party Services or content available through any Third Party Services, nor does the MBTA warrant that Third Party Services will be free of computer viruses or other harmful code that can impact your computer or other web-access device. If you access any Third Party Service through the Charlie Services, please be aware that you are doing so at your own risk. We encourage you to review any Third Party Service providers' terms of service and privacy policies as those, and not these Terms and the Privacy Policy, are applicable to your use of Third Party Services.

13. Disclaimer of Endorsements; Information Accuracy.

The information made available or otherwise accessed through the Charlie Services (including, but not limited to, User Content) is provided without any endorsement by the MBTA. In addition, while we may review or provide information via our Charlie Services, we do not represent or warrant that any such information is accurate or timely.

14. WARRANTY DISCLAIMER.

THE CHARLIE SERVICES AND CONTENT MADE AVAILABLE FROM THE CHARLIE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER. YOU USE THE CHARLIE SERVICES AND CONTENT MADE AVAILABLE FROM THE CHARLIE SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MBTA AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. THE MBTA AND ITS LICENSORS DO NOT WARRANT THAT THE CHARLIE SERVICES WILL BE CONTINUOUS, PROMPT, UNINTERRUPTED, SECURE, OR ERROR-FREE. THE MBTA AND ITS LICENSORS SHALL NOT BE SUBJECT TO ANY LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE ACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE INTERRUPTION OR UNAVAILABILITY OF THE CHARLIE SERVICES. THE MBTA AND ITS LICENSORS ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO YOUR EQUIPMENT, DEVICES, OR OTHER PROPERTY ARISING FROM YOUR USE OF THE CHARLIE SERVICES.

15. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE MBTA NOR ANY OF THEIR AFFILIATES, LICENSORS, CLIENTS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES (THE "MBTA RELEASEES"), ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OR BREACH OF DATA, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE CHARLIE SERVICES AND/OR MATERIALS CONTAINED ON THE CHARLIE SERVICES, THIRD PARTY PLATFORMS, THIRD PARTY SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE CHARLIE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE MBTA RELEASEES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE CHARLIE SERVICES (INCLUDING YOUR USE OF THE SAME) EXCEED THE GREATER OF: (I) ALL AMOUNTS PAID BY YOU TO THE MBTA IN RELATION TO THE CHARLIE SERVICES IN THE SIX (6) MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100.00).

16. Indemnification.

You agree to indemnify, defend, and hold the MBTA and the MBTA Releasees harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (i) your breach of these Terms; (ii) any allegation that User Content infringes, misappropriates, or otherwise violates a third party's intellectual property rights, privacy rights, rights of publicity, or other rights; and (iii) your access to, or use of, the Charlie Services.

17. Charlie Services Modifications.

We expressly reserve the right to modify or discontinue any part of the Charlie Services, for any or no reason, without notice, and without liability to you. We also reserve the right to block users from accessing the Charlie Services by using any technology available, such as blocking certain IP addresses or device numbers.

18. Electronic Communications.

By using the Charlie Services, you agree to receive certain electronic communications from us, whether through the Charlie Services or by email. You agree that any notice, agreement, disclosure, or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All such electronic communications between you and the MBTA may be recorded or stored and will be treated as User Content.

19. User Conduct; User Disputes.

The MBTA is not responsible or liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other 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.

20. 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 Charlie Site or Charlie App and/or notifying you of the change via the Charlie Site or Charlie App, 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 Charlie Site or Charlie App, your subsequent acceptance of these Terms pursuant to Section 1 (Your Agreement to These Terms) constitutes your agreement to be bound by the Terms, as updated.

21. 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.

22. 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 OR 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.

23. 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 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. These Terms 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.

24. 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 9 (Intellectual Property); (ii) Section 14 (Warranty Disclaimer); (iii) Section 15 (Limitation of Liability); (iv) Section 16 (Indemnification); (v) Section 21 (Assignment); (vi) Section 22 (Jury Trial; Class Action Waiver); (vii) Section 23 (General); and (viii) Section 24 (Survival).

25. Contact Us.

If you have any questions about these Terms, our practices, or your dealings with the Charlie Services, then please contact us using the information below or by other means described on our Charlie Site or Charlie App.

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

Telephone
617-222-3200

Online
www.mbta.com/customer-support

26. Copyright and Legal Notice.

© 2024 Massachusetts Bay Transportation Authority. All Rights Reserved.