OMNY Terms of Service
These OMNY Terms of Service ("OMNY Terms of Service") apply to the OMNY services and technology (collectively, the "OMNY Services") provided to you by the Metropolitan Transportation Authority and our affiliates and subsidiaries (collectively, the "MTA", "we", "us", or "our"). The term "OMNY Services" includes, by way of example, the following: (i) the OMNY website (the "Website"); (ii) the OMNY mobile application (the "OMNY App"); (iii) the OMNY fare payment services, including OMNY fare payment readers and other related technology (the "OMNY Fare Payment System"); and (iv) the OMNY customer support services ("OMNY Customer Service").
PLEASE READ THESE OMNY TERMS OF SERVICE CAREFULLY BEFORE YOU ACCESS OR USE THE OMNY SERVICES. BY ACCESSING OR USING THE OMNY SERVICES, YOU AGREE TO BE BOUND BY THESE OMNY TERMS OF SERVICE. IF YOU DO NOT WISH TO BE LEGALLY BOUND BY THESE OMNY TERMS OF SERVICE, THEN PLEASE DO NOT ACCESS OR USE THE OMNY SERVICES.
- Your Agreement to these OMNY Terms of Service. These OMNY Terms of Service set forth the terms and conditions under which you agree to use our OMNY Services. For the avoidance of doubt, these OMNY Terms of Service apply to all users of the OMNY Services, including those who create an OMNY account (each, an "OMNY Account"), visitors to the Website, OMNY App users, and customers who use the OMNY Fare Payment System. By accessing or otherwise using our OMNY Services, you acknowledge that you have read these OMNY Terms of Service and agree to be legally bound by them. We may also confirm your agreement to be bound by these OMNY Terms of Service by asking you to click an "I accept" or similar button when you use certain portions of our OMNY Services. If you are agreeing to these OMNY Terms of Service on behalf of a company 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 the purposes of these OMNY Terms of Service, the term "you" means Your Organization on whose behalf you are acting. For example, by accessing the OMNY Services (a) on any computer, mobile phone, tablet, console, or other device, (b) via a social media platform or search engine, or (c) through use of a digital wallet on a smart device such as a mobile phone or wearable or contactless credit, debit or prepaid card, you conﬁrm that you have read, understood, and agreed to be legally bound by these OMNY Terms of Service, whether or not you registered for an OMNY Account.
Your OMNY Account.
- OMNY Account Password. OMNY Accounts are only available to users who have completed the account registration process and create an OMNY Account password. If you created an OMNY Account, then please understand that we will treat anyone who uses your password 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 OMNY Account and password. We therefore recommend that you maintain your OMNY Account and password in confidence, and that you do not share your OMNY Account and password with anyone who might pretend to be you with respect to your use of the OMNY Services (including your OMNY Account). Please notify OMNY Customer Service immediately if you suspect that someone is using your OMNY Account and password in an inappropriate manner.
Overview of the OMNY Fare Payment System.
- The Transit Fares. Current fares collected using the OMNY Fare Payment System are set out in the MTA's fare policies and applicable law. Our fares are subject to change in accordance with MTA's fare policies and applicable law. For information regarding current fares and fare policies related to the OMNY Services, visit www.mta.info.
- OMNY Payment Methods. Customers may pay their subway and bus fare via the OMNY Fare Payment System by using any of the compatible "OMNY Payment Methods": (i) contactless credit, debit, or prepaid card; (ii) digital wallet on a smart device, such as a smart phone or a wearable (for example, Apple Pay, Google Pay, Samsung Pay, and Fitbit Pay); and (iii) the MTA-issued OMNY contactless fare payment card (an "OMNY card"). The MTA may enable additional OMNY Payment Methods in the future.
- How to Use OMNY. You may use an OMNY Payment Method with the OMNY Fare Payment System by "tapping" or holding your OMNY Payment Method up to an OMNY Fare Payment System reader. Except for permitted transfers, you will be charged the applicable fare to the account linked to your OMNY Payment Method each time you tap. To ensure proper functioning, you should remove your contactless credit, debit or prepaid card from your wallet or other card holder before you tap. You should only tap using the OMNY Payment Method you wish to use to pay a fare via an OMNY Fare Payment System reader. The MTA is not responsible for your failure to properly adhere to the instructions set out in these OMNY Terms of Service or other instructions available via the OMNY Services.
- Only One OMNY Payment Method Allowed at a Time. You may only use one OMNY Payment Method to pay a fare via an OMNY Fare Payment System reader – you cannot split a fare among different OMNY Payment Methods or between an OMNY Payment Method and the MetroCard®. If an OMNY Payment Method is declined, you may try another OMNY Payment Method or, in the alternative, use a MetroCard.®
When the MTA may Block Your Access to OMNY. We may temporarily or permanently block your access to the OMNY Services, in certain circumstances, including:
- Temporary Block. We may temporarily block your use of a specific OMNY Payment Method to access the OMNY Services if: (i) such OMNY Payment Method is reported to the MTA as lost, stolen, or damaged; (ii) there are insufficient funds associated with the OMNY Payment Method, and additional funds have not yet been cleared; (iii) there is suspicion of fraudulent or other illegal activity in connection with the use of such OMNY Payment Method; or (iv) such OMNY Payment Method is declined by the ﬁnancial institution when the MTA submits the charge to such financial institution.
- Permanent Block. We may permanently block your use of a specific OMNY Payment Method to access the OMNY Services if: (i) there is verified fraudulent or other illegal activity in connection with the use of such OMNY Payment Method; or (ii) such OMNY Payment Method is reported stolen to the MTA.
- How to Remove a Temporary Block to Your OMNY Payment Method. A temporary block can be removed by calling OMNY Customer Service using one of the methods set out in Section 16 (How to contact OMNY Customer Service) after you have resolved any issues with your OMNY Payment Method.
- Intellectual Property. As between you and us, all information, software, artwork, text, video, audio, pictures, logos, and other content available on or through the OMNY Services (except for User Content), including all associated intellectual property rights (collectively, the "OMNY Services Content"), is the property of the MTA or its licensors, is protected by copyright and other intellectual property laws, or is included based on principles of "fair use". The MTA and its licensors retain all rights with respect to OMNY Services Content except those expressly granted to you in Section 5 (Limited Grant of Rights to You) below. The MTA name and logo, the OMNY name and logo, "OMNY.info", and other trademarks, service marks, and logos that we use, and any proprietary product or service names contained in the OMNY Website and/or OMNY App, are protected by copyright or are trademarks of the MTA and may not be copied, imitated or used, in whole or in part, without the MTA's prior written permission. Third party trademarks that appear in connection with the OMNY Services are the property of their respective owners. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the OMNY Services Content, or other material displayed in connection with the OMNY Services, without the express written permission of the MTA.
- 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, perform, and otherwise use the User Content in any manner and in any location, channel, or medium, all 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.
- Permission for User Content. By providing 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 in and to the User Content in order to provide the Use Rights. For example, by sending us a testimonial of your experience with the MTA transportation network along with a photo of that experience, you represent and warrant to us that you have obtained the necessary permission from anyone appearing in the photograph to grant us the Use Rights.
- User Content that Includes Personal Information. If you provide User Content for public posting or otherwise post User Content via the OMNY 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 Website 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.
- Prohibited Conduct. As a condition to your use of the OMNY Services, you agree not to use, allow others to use, or assist any other person or entity to use the OMNY Services if such use constitutes "Prohibited Conduct", which shall include, but not be limited to, use that: (i) violates the Transit Adjudication Bureau Rules of Conduct, which rules govern the conduct and safety of the public in the use of facilities of the MTA or Affiliated Agencies (available at 21 New York Codes, Rules and Regulations, Chapter XXI, Part 1050), or (ii) violates, infringes, or misappropriates another person's intellectual property rights.
- Overpayments and Refunds. Any request for an overpayment reconciliation or refund must be submitted by you to the OMNY Customer Service using one of the methods set out in Section 16 (How to Contact OMNY Customer Service). When submitting such a request, you should be prepared to provide information regarding the basis for your request, which could include the location of the OMNY equipment you used, the subway or bus route, and date and time of the alleged occurrence. All other refund requests are governed by the fare policies described in Section 3.1 (The Transit Fares).
- Lost, Stolen, or Damaged Card or Device Linked to an OMNY Account. It is important to report any lost, stolen, or damaged OMNY Payment Method to us and, if applicable, the card issuer. You can submit a report to us using one of the methods set out in Section 16 (How to Contact OMNY Customer Service). Once you notify us that your OMNY Payment Method is lost, stolen, or damaged, we will block this OMNY Payment Method from use with the OMNY Fare Payment System. Your OMNY Payment Method may continue to be charged for taps made at OMNY Fare Payment System readers until you notify us that your card is lost, stolen, or damaged.
Third Party Sites and Platforms.
- Third Party Platforms may be used to interact with the OMNY Services. The OMNY Services may integrate with third party platforms, such as Facebook and Google (each, a "Third Party Platform"). If you sign in to the OMNY Services through a Third Party Platform, then you authorize the MTA to collect, store, and use any information that you agreed the Third Party Platform would provide to the MTA, such as your name, proﬁle picture, unique identiﬁer, and email address. When you use a Third Party Platform to interact with the OMNY Services, you acknowledge and agree that the Third Party Platform may also have access to information about you and your use of the OMNY Services. The MTA 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.
- Disclaimer of Endorsements; Information Accuracy. The information made available or otherwise accessed through the OMNY Services (including, but not limited to, User Content), is made without any endorsement of any kind by the MTA. In addition, while we may review (and in many cases provide) information via our OMNY Services, we do not represent or warrant that any such information is accurate or timely.
- WARRANTY DISCLAIMER. THE OMNY SERVICES AND CONTENT MADE AVAILABLE FROM THE OMNY SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER. YOU USE THE OMNY SERVICES AND CONTENT MADE AVAILABLE FROM THE OMNY SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MTA 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 MTA AND ITS LICENSORS DO NOT WARRANT THAT THE OMNY SERVICES WILL BE CONTINUOUS, PROMPT, UNINTERRUPTED, SECURE, OR ERROR-FREE. THE MTA AND ITS LICENSORS SHALL BE SUBJECT TO NO 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 OMNY SERVICES. THE MTA 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 OMNY SERVICES.
- LIMITATION OF LIABILITY. NEITHER THE MTA NOR ANY OF THEIR AFFILIATES, LICENSORS, CLIENTS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES (THE "MTA 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 OF DATA, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE OMNY SERVICES AND/OR MATERIALS CONTAINED ON THE OMNY SERVICES, THIRD PARTY PLATFORMS, THIRD PARTY SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE OMNY SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE MTA RELEASEES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE OMNY SERVICES (INCLUDING YOUR USE OF THE SAME) EXCEED ONE HUNDRED DOLLARS ($100.00).
- Indemnification. You agree to indemnify, defend, and hold MTA and the MTA 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 OMNY Terms of Service; (ii) any allegation that User Content infringes or otherwise violates a third party's intellectual property rights or other rights; and (iii) your access to, or use of, the OMNY Services.
- OMNY Service Modifications. We expressly reserve the right to modify or discontinue any part of the OMNY Services, for any or no reason, without notice, and without liability to you. We also reserve the right to block users from accessing the OMNY Services by using any technology available, such as blocking certain IP addresses or device numbers.
- Governing Law. These OMNY Terms of Service, and the rights and obligations belonging to you and the MTA, shall be construed and enforced in all respects in accordance with the laws of the State of New York, without regard to any jurisdiction's conﬂict of laws rules, laws or doctrines. Both you and the MTA submit to the personal jurisdiction of, and venue in, the state and federal courts sitting in the judicial district that includes New York City. You and the MTA further agree that any cause of action arising under these OMNY Terms of Service or relating to the OMNY Services shall exclusively be brought in such courts.
- Severability; Waiver; Assignment. The invalidity of any term or terms of these OMNY Terms of Service shall not affect any other term of these OMNY Terms of Service, which shall remain in full force and effect. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These OMNY Terms of Service are personal to you. You may not assign these OMNY Terms of Service or any rights and licenses in these OMNY Terms of Service to another party. These OMNY Terms of Service may be assigned by MTA without restriction.
- Electronic communications. By using the OMNY Services, you agree to receive certain electronic communications from us, whether through the OMNY 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 MTA may be recorded or stored and will be treated as User Content.
- Survival. Any terms that by their nature are intended to survive shall remain in effect and survive the termination or expiration of the OMNY Terms of Service including, without limitation: (i) Section 4 (Intellectual Property); (ii) Section 6 (User Content); (iii) Section 13 (Limitation of Liability); (iv) Section 14 (Indemnification); and (v) Section 15 (Additional Terms).
- Changes to these OMNY Terms of Service. We reserve the right to modify these OMNY Terms of Service from time to time. We may communicate these changes to you by posting or notifying you of the updated OMNY Terms of Service via the OMNY Services (i.e., the Website or OMNY App), via email, or other methods. Any changes to these OMNY Terms of Service shall take effect proactively. Regardless of whether we have provided you with notice, your subsequent acceptance of these OMNY Terms of Service pursuant to Section 1 (Your Agreement to these OMNY Terms of Service) constitutes your agreement to be bound by the OMNY Terms of Service, as updated.
- Monitoring Use. You agree that we have the right to monitor any activity and content with our OMNY Services. We may also investigate any reported violation of these OMNY Terms of Service or complaints relating to our OMNY Services, and may take any action that we believe is appropriate including, but not limited to, removing materials from our OMNY Services or suspending/terminating your access to our Website or the OMNY App.
- Supplemental or Different Terms. Certain portions of the OMNY Services may be subject to additional or different terms and conditions. We will notify you if those portions of the OMNY Services are subject to terms and conditions that differ from these OMNY Terms of Service, and you will have the opportunity to decline to participate in those portions of the OMNY Services if you do not agree with the differing terms and conditions.
- Duration of Rights. The licenses we grant to you pursuant to these OMNY Terms of Service will continue until, and terminate upon the earlier of: (i) our cessation of support for, or offering of, the OMNY Services; (ii) your failure to comply with these OMNY Terms of Service; and (iii) our notice to you.
- Effective Date. The effective date of these OMNY Terms of Service is June 7, 2022.