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Terms of Service

(Draft under review by TxDOT March 13, 2025)

This Houston ConnectSmart (ConnectSmart) application provides for optimizing transportation to improve efficiency and reduce environmental emissions. It can connect with third-party providers of services to provide users of the application the opportunity to optimize their travel and potentially to receive rewards for doing so. To utilize the ConnectSmart application, you have to agree to be bound by these terms of service.

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These ConnectSmart application Service Terms (“Agreement”) are a legally binding agreement between you and the State of Texas acting by and through the Texas Department of Transportation (“TxDOT”) – Houston, with its registered address at Houston District Headquarters 7600 Washington Avenue, Houston, Texas 77007 (“Application Owner,” “we,” “us,” or “our”) that governs your use of the ConnectSmart application, including access to and the use of supporting ConnectSmart websites (the “Service”). Standard messaging and data rates apply. Not all carriers covered. Void where prohibited. You can always reply STOP to stop receiving messages (you will be sent a confirmation message).

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Please read the terms and conditions of this Agreement carefully before registering for, or using the Service.

By entering into this Agreement, and/or by using the Service or accessing the Service, you expressly accept this Agreement and all of its terms, and you agree to abide by them. In accepting this Agreement, you (a) acknowledge that you have read and understand this Agreement; (b) consent to this Agreement; and (c) agree to be legally bound by this Agreement. In addition, by using the Service, you signify your acknowledgement of the “Privacy Policy”. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service.

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Background: TxDOT has contracted Metropia, Inc., 3040 Post Oak Blvd. Suite 1800-136, Houston, TX 77056, to administer the ConnectSmart application. Their duties as Administrator include—but are not limited to—enrolling users, gathering data, selecting third-party providers, and operating the ConnectSmart application and website. In this capacity, the “we”, “us”, or “our” may refer to Metropia, Inc.

 

1. Eligibility

The Service is intended for use by users who are of the legal age required to form legally binding contracts under applicable law. By using the Service, you represent and warrant that you are 18 years of age or older.

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2. ConnectSmart Account and Contact Information

You will be required to create a ConnectSmart account to be able to use features of the Service. When you create a ConnectSmart account via the Service, depending on what options you select, you may be providing your name, phone number, email address, or home/work address, (VoIP phone numbers are not eligible). You are personally responsible for any use of the Service through your ConnectSmart account, and you must keep your personal information up-to-date and accurate.

 

3. The Service

You acknowledge that the information we provide is intended for basic location and navigation purposes and should not be relied upon for any other purposes as doing so may cause death, personal injury, property, or environmental damage. Neither the Application Owner nor our third-party service providers guarantee the accuracy or reliability of the information provided through the Service that is generated by other third parties.

 

 

4. Electronic Communications

You agree that we may provide notices and messages about the Service to you in the following ways: sent to your contact information provided to us (e.g., phone number).

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You agree that messages to your mobile device may be generated by automatic systems. Communications from us, or our affiliated companies, may include messages to your mobile device regarding the operation of the Service, as well as updates regarding new, existing, and discontinued features of the Service. We do not charge for the messages provided to you as part of the Services, but standard or other charges imposed by your carrier may apply. Please check your carrier’s plan before using the Service to be sure you understand any charges that may be incurred by you. 

 

5. Changes of this Agreement

We reserve the right, at our discretion, to update, change, modify, add, or remove portions of this Agreement at any time in order to conform them to our business practices. All non-material changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. If we make material updates to this Agreement that would negatively impact your rights or increase your obligations under this Agreement, we will notify you of the change in advance via the Service. If you do not agree with the change, you have the right to terminate this Agreement by closing your ConnectSmart account and removing the Service from your Device(s) as defined below. Your continued use of the Service following such notification will constitute your acceptance of the change and consent to this Agreement as revised.

 

6. License Grant

During the term of this Agreement, the Application Owner hereby grants you a free-of-charge, limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, install, register for, and use the Service and the Content (as defined in Section 9 below) for non-commercial use on your device(s), owned or otherwise controlled or leased to you, including personal computers, mobile cellular telephones and internet-enabled tablets (collectively “Device(s)”), strictly in accordance with this Agreement. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by this Agreement and subject to the use restrictions described herein. You may only use the Service and Content for your private and personal purposes. You may not make any commercial use of the Service and the Content. Please note that certain Content may only be available to residents of certain geographical areas. You are bound by any restrictions applicable to specific Content you obtain through the Service.

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The Application Owner will have the right, at all times, as further set out at Section 14 below, to reclaim, prohibit, suspend, limit, or otherwise restrict you from accessing or using the Service.

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You acknowledge and agree that the Service and the Content are provided under license, and not sold, to you. You do not acquire any ownership interest in the Service and the Content under this Agreement, or any other rights thereto other than to use the Service and the Content in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Application Owner and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Service and the Content, including all copyrights, trademarks, patents, software rights, and other intellectual property rights (whether registered or unregistered) therein or relating thereto, except as expressly granted to you in this Agreement.

 

7. License Restrictions

You (and/or any third-party on your behalf) may not:

 

  • copy, modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Service, the Content, or any part thereof;

  • save as to the extent permitted by law for certain purposes, reverse-engineer, disassemble, decode, or otherwise attempt to derive or gain access to the source code of the Content, the Service, or any part thereof;

  • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Content, the Service, including any copy thereof;

  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Content, the Service, or any features or functionality of the Service, to any individual or third-party for any reason, or make the Service available on a network where it is capable of being accessed by any Third-Party Outlet (as defined in Section 26 below), or individuals;

  • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Content, the Service, or any part thereof;

  • use any content that may include, link to, or distribute any viruses, spam, files, code malware, or any other malicious software programs, technology, or content that may harm or disrupt the operation of the Service or any other Application Owner product or service;

  • engage in or encourage any activity or use of content that violates any applicable law, rule, or regulation, including, without limitation, privacy laws and regulations;

  • use, endorse, or promote content, which is pornographic, obscene, excessively profane, racist, ethnically offensive, threatening, infringing, excessively violent, libelous, gambling-related, or discriminatory, offensive, misleading, or deceptive;

  • defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights and other intellectual property rights;

  • transmit or otherwise make available in connection with the Service, or any part thereof, any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage, interfere with, or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

  • interfere with or disrupt the operation of the Content, the Service, or any part thereof, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

  • sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service, or any part thereof;

  • frame or mirror any part of the Content, the Service, or any part thereof, without our prior express written consent;

  • engage in fraudulent misrepresentation, such as impersonating any person or entity, or forging or manipulating identifiers to disguise the origin of information transmitted through the Service;

  • interfere with the operation of the Content or the Service, including disrupting service or network connectivity or sending malicious code, malware, or other harmful software designed to impair the functionality of the Service or any part thereof;

  • infringe any third-party rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; or

  • use the Content or the Service in any way not expressly permitted by this Agreement.

 

8. Allegations of Copyright Infringement

You may notify us of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to support@connectsmart.com, (b) by a document titled “Copyright Notification” mailed to Houston TxDOT Attn: Copyright Office, Houston District Headquarters 7600 Washington Avenue, Houston, Texas 77007. Your notice must:

 

  • identify the original copyrighted work you claim is infringed;

  • identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for us to locate the allegedly infringing content on the Service;

  • provide your contact information, including your full name, mailing address, phone number, and email address, if available;

  • provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  • provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed.”;

  • provide your signature, as applicable; and

  • the foregoing shall not affect your rights should it be your copyright that is being infringed.

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9. Intellectual Property Rights

The Service, and any content, materials, graphics, audiovisual files, processes and code, features, functionality, and products or services accessible on or through the Service (collectively, “Content”) and all upgrades, updates, corrections, and enhancements thereto and all copyrights and other intellectual property rights related thereto are the property of Application Owner, its affiliates, and its licensors or suppliers, and Application Owner, its affiliates, and its licensors and suppliers retain all right, title, and interest in and to the Service, the Content and all intellectual property rights therein or in connection thereto. The Service and the Content are owned and operated by the Application Owner and they are licensed, not sold, to you.

All the Application Owner logos, trademarks, designs, graphics, icons, scripts, and service names are registered trademarks or trade dress of the Application Owner (collectively, the “Application Owner Marks”). In addition, the design, trade dress, and the ‘look and feel’ of the maps available to you as part of the Service are protected works under applicable copyright laws and we and our affiliates, licensors, and suppliers retain all intellectual property rights in them. The license granted to you in this Agreement does not extend to or include a license to use the maps displayed by the Services or any mark, indicator, logo, or notation embedded in the maps other than as part of the Service. You acknowledge that we are the owner and licensor of the Application Owner Marks, including all goodwill associated therewith, and that your use of the Application Owner Marks will confer no additional interest in or ownership of the Application Owner Marks in you but rather inures to the benefit of the Application Owner.

All other trademarks, logos, service marks, or product names set forth in the Service, such as the logos or trademarks of any third-party provider of transportation services, are the property of their respective owners.

 

10. Your Data & Consent

Through your use of our Service, your personal data, as described in the Privacy Policy available on the ConnectSmart mobile app and website, will automatically be collected by the Application Owner or a third-party provider, and you may, in addition and as described in the Privacy Policy, actively enter and submit information or data in connection with your use of the Service, including information provided in the free-text comments box of a ride you wish to book with a Transport Provider, or your ConnectSmart account (collectively “User Data”). You assume sole responsibility for any User Data you share, and you alone are liable for the consequences when you post User Content (as defined below) or User Data. All User Data and User Content is subject to the Privacy Policy.

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To enable us to provide you with the Service, you hereby grant us: (a) a non-exclusive, worldwide, royalty-free, transferable, sublicensable, right and license to collect, process, and use your User Data as set forth in the Privacy Policy and this Agreement; and (b) an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, transferable and sublicensable right and license to use for any lawful purpose your User Data in anonymized form. The Application Owner does not share, sell, lease, or rent your personal information you provide to third-parties unless absolutely necessary as outlined in the Privacy Policy. If you are participating in an employer-sponsored program, your employer may have access to your information. If you select to use a third-party, we may share your information with such third- party to the extent they need it to provide their services and they agree to protect it from disclosure or other unauthorized use.

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In addition, in the course of your use of the Service, you may submit and share content and information with us or with other users of the Service, which may include feedback, comments, improvements, suggestions, questions, ideas, or other information (collectively “User Content”). You represent and warrant that you own all intellectual property rights in your User Content or otherwise have the right, and received all required consents, authorizations and licenses to use the User Content for the Service and to provide the User Content to us as contemplated hereunder, and that by submitting or sharing your User Content with us, you are granting us, our affiliates who are companies that provide services to the Application Owner with an irrevocable, worldwide, perpetual, unrestrictive, non-exclusive, royalty-free, transferable and sublicensable right and license to use, copy, distribute, disseminate, prepare derivative works of, and display your User Content in any manner we deem fit, including for commercial purposes or otherwise, at our sole discretion and without acknowledgment or compensation to you, but, in each case, we will not share or publish your personal data without your express prior written consent.

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As between you and the Application Owner, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Data and User Content and any intellectual property rights or other proprietary rights associated with your User Data and User Content. 

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You are solely responsible for making backup copies of your User Data and User Content. If the Service is discontinued or canceled, we may permanently delete your User Data and User Content in accordance with the terms of the Privacy Policy.

 

11. Geographic Restrictions

The Service and the Content are provided from the United States and data will be stored in the United States. If you reside outside of the United States, you acknowledge that you may not be able to access all or some of the Services. If you access the Services from within your country, you are responsible for compliance with local laws, including any laws applicable to the export of software or technology. If you provide the Application Owner with your personal data, you hereby expressly agree to such transfer, storage, and processing within the United States. For additional information data collection, please refer to the Privacy Policy.

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12. Updates; Availability

The Application Owner may, from time to time in its sole discretion, develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features or modifications or discontinuation of existing features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Service. You agree that the Application Owner has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device(s) settings when your Device(s) is/are connected to the internet either: (a) the Service will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install all available Updates.

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The Service and the Content availability and functionality depends on multiple factors. We do not warrant or guarantee that the Service and the Content will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free. The availability of the Service and the Content may vary and is subject to our sole discretion. We reserve the right at our sole discretion to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part or feature thereof) without notice, at any time and at its sole discretion. The Service, the Content, and their operation and certain features available therein may also be dependent on the network you use, compatibility of your Devices, and the content formats supported. You will have the right to terminate this Agreement by deleting the app or not using the website if we make any material changes to the Service that you do not agree with.

 

13. Third-Party Materials

The Service may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“third-party Materials”). You acknowledge and agree that the Application Owner is not responsible for third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Application Owner does not assume and will not have any liability or responsibility to you or any other person or entity for any third-party materials. Third-party materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third-parties’ terms and conditions.

 

14. Terms and Termination

This Agreement is effective upon your acceptance of this Agreement. You may terminate this Agreement at any time by deleting the Service from your Device(s), by ceasing your use of the Service, or by replying “STOP” from your mobile device. However, if you wish to delete all the information that is associated with the Service, you must send us an email to support@connectsmart.com with your request for deletion. For details of how to access your data and/or delete your data, please see the Privacy Policy for how to stop any data collection, if any in connection with the Services.

 

We may terminate this Agreement at any time if:

 

  • you breach, or we reasonably believe that you are in breach of, any term within this Agreement or applicable law; or

  • you are misusing the Service or pose a threat to the security of the Service.

 

Upon termination either by you or by us: (i) all rights granted to you under this Agreement will terminate; and (ii) you must cease all use of the Service and delete all copies of the Service, and your User Account; and (iii) our rights with respect to User Data shall survive only as set forth in the Privacy Policy.
 

Except as set forth in the Privacy Policy, we are not responsible for any removal or loss of your User Data or User Content. When information or content is removed from the Service by either you or us, traces or copies may still remain elsewhere. The termination of this Agreement will not limit any of the Application Owner’s rights or remedies at law or in equity.

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In addition to our right to terminate the Agreement, we reserve the right to, without limitation and at our sole discretion:

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  • limit your use of the Service; and

  • remove any content from the Service, including without limitation, User Content, immediately and without notification to you, if we believe, at our sole discretion, that such content is infringing, offensive, harmful, or inappropriate.

 

15. Your Responsibilities as a User of the Service

 

  • You represent and undertake to procure and ensure that you comply with, adhere to, and observe the terms and conditions set forth in this Agreement and all applicable laws, regulations, rules, statutes, or ordinances governing or otherwise relating to your use of the Service.

  • You shall immediately notify the Application Owner of any actual, suspected, or potential security breach or improper use of the Service or the User Data.

  • You agree to only use the Service if you are of the legal age to use them, or otherwise authorized to use the Services under the terms of this Agreement.

 

16. Disclaimer of Warranties

The Service and the Content are provided to you “as-is” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Application Owner, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service and the Content, including all implied warranties of, merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

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Without limitation to the foregoing, the Application Owner provides no warranty or undertaking, and makes no representation of any kind that the Service and the Content will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.

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You acknowledge and agree that use of the Service and the Content is at your own risk. By using the Service and the Content, you agree to accept such risks and agree that the Application Owner and its affiliates, or any of its or their respective licensors or service providers, are not liable for any acts or omissions of other users of the Service.

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17. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Application Owner or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the Service or the Content for direct damages. The limitation will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable, or the Application Owner was advised of the possibility of such damages.

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18. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless the Application Owner, its affiliates, and your employer who may authorize or promote this service to you, and their respective directors, officers, employees, contractors, agents, representatives, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to:

 

  • your use or misuse of the Service and/or the Content;

  • your breach of this Agreement, including but not limited to your User Content you submit or make available through the Service; and

  • any personal or property damage caused by you. You and the Application Owner acknowledge that, in the event of any third-party claim, that the Service and/or the Content or your possession and use of the Service and/or the Content infringes that third-party’s intellectual property rights, the Application Owner, and not the third- party outlet(s), will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

 

19. General

This Agreement and the Privacy Policy constitute the entire agreement between you and the Application Owner with respect to the Service and the Content and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service and the Content. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern unless stated otherwise by Application Owner.

 

20. Choice of Law; Dispute Resolution

The Agreement is governed by the laws the state of Texas without regard to its conflicts of law provisions. The courts located in Harris County in the State of Texas have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with this Agreement, including any non-contractual rights or obligations arising out of or in connection with this Agreement.

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21. Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

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22. Assignment

You may not assign or transfer your rights in and to the Service and the Content, without our prior written consent. We may assign our rights in and to the Service and the Content to any third-party at our sole discretion, provided that such third-party undertakes to comply with our obligations to you under this Agreement.

 

23. Relationship between You and the Application Owner

This Agreement and your use of the Service, do not, and shall not be construed as creating any relationship, joint venture, partnership, employment, or agency in any way and of any kind between you and the Application Owner. Your access and use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with this Agreement) constitutes the sole and sufficient consideration that you are entitled to receive for any User Data or other contributions you have made to the Service, or any part thereof.

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24. Notice

If you have any questions or concerns about this Agreement or the Service, please contact us via email at support@connectsmart.com or at: ConnectSmart c/o Houston TxDOT, Houston District Headquarters 7600 Washington Avenue, Houston, Texas 77007.

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25. Third-Party Outlets

If you are using an iOS or Google Chrome version of the Service, from your Device(s), you agree that:

 

  • This Agreement is between you and the Application Owner only. Third-party outlets have no obligations to you or responsibility for the Service, including without limitation, furnishing any maintenance and support services for the Service. Third-party outlets are not responsible for addressing any claims of any user or any third-party relating to the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service failed to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  • The third-party Outlets and their subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, each third-party Outlet will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

 

26. No Third-Party Rights

This Agreement is solely between you as the user of the Service and the Application Owner. 

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Each party represents to the other that their respective rights to terminate, rescind or agree any amendment, variation, waiver, or settlement under this Agreement are not subject to the consent of any person that is not a party to this Agreement.

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