Terms of Service
Last Updated: October 29, 2025
1. Acceptance of Terms
By downloading, installing, accessing, or using the Subway Run mobile application ("App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the App.
Apple App Store Requirements
If you obtained this App from the Apple App Store, the following additional terms apply:
Acknowledgement
You acknowledge that these Terms are concluded between you and HyperLocal Social, Inc. only, and not with Apple Inc. ("Apple"). HyperLocal Social, Inc., not Apple, is solely responsible for the App and its content. These Terms must not provide for usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions.
Scope of License
The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Maintenance and Support
HyperLocal Social, Inc. is solely responsible for providing any maintenance and support services with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty
HyperLocal Social, Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of HyperLocal Social, Inc.
Product Claims
You and HyperLocal Social, Inc. acknowledge that HyperLocal Social, Inc., not Apple, is responsible for addressing any claims you have or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit HyperLocal Social, Inc.'s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights
You and HyperLocal Social, Inc. acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, HyperLocal Social, Inc., not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using the App. For example, if you use the App while connected to a wireless data service, you must not be in violation of your wireless data service agreement when using the App.
Third Party Beneficiary
You and HyperLocal Social, Inc. acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App obtained from the Apple App Store, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
2. Description of Service
Subway Run is a NYC subway app that provides:
- Real-time Train Information: Live subway arrival times using official MTA data feeds
- Smart Walking Recommendations: Algorithmic suggestions on whether to walk or run to catch trains based on real walking routes
- Location Services: GPS-based station discovery and walking time calculations
- Premium Notifications: Background location tracking and push notifications for train arrivals (premium feature)
3. User Accounts and Device Registration
3.1 Device-Based Service
- The App operates on a device-based system and does not require traditional user accounts
- Each device receives a unique identifier for subscription and notification management
- No personal information is required to use basic app features
3.2 Premium Features
- Premium features (push notifications with background location) require a paid subscription
- Subscriptions are managed through your device's app store (Apple App Store or Google Play Store)
- Premium features are tied to your specific device
4. Acceptable Use
4.1 Permitted Use
You may use the App for personal, non-commercial purposes to:
- View real-time NYC subway information
- Get walking directions to subway stations
- Receive train arrival notifications (with premium subscription)
4.2 Prohibited Use
You may not:
- Use the App for any illegal purposes
- Attempt to reverse engineer or hack the App
- Use automated systems to access the App
- Interfere with the App's operation or other users' experience
- Use the App in any way that could damage or impair the service
5. Location Services
5.1 Location Data Use
- The App uses your device's GPS location to find nearby subway stations
- Location data is processed locally on your device and is not stored on our servers
- You can revoke location permissions at any time through your device settings
- Basic app functionality continues without location access, but some features may be limited
5.2 Premium Location Features
- Premium notifications require "Always Allow" location permission
- Background location tracking is used only for sending timely train alerts
- You can disable premium location features by canceling your subscription
6. Subscriptions and Payments
6.1 Premium Subscription
- Premium features are available through monthly or yearly subscriptions
- Subscriptions automatically renew unless canceled before the renewal date
- All payments are processed through your device's app store
- We do not store or process payment information directly
6.2 Cancellation and Refunds
- You can cancel your subscription at any time through your app store account
- Cancellation takes effect at the end of your current billing period
- Refund policies are governed by your app store's terms and conditions
- We cannot process refunds directly - all refund requests must go through your app store
7. Data and Privacy
- Your use of the App is also governed by our Privacy Policy
- We collect and use data as described in our Privacy Policy
- You consent to data collection and use as described in our Privacy Policy, including optional analytics if you choose to enable them
- You can request data deletion by contacting us or uninstalling the App
8. Third-Party Services
8.1 MTA Data
- The App uses public MTA (Metropolitan Transportation Authority) data feeds
- We are not affiliated with or endorsed by the MTA
- MTA data accuracy and availability are beyond our control
- Service disruptions may affect app functionality
8.2 Mapping Services
- Walking route calculations may use third-party mapping services
- Route accuracy depends on third-party data and may vary
- We are not responsible for mapping errors or outdated information
8.3 Advertising
- The App may display advertisements through Google AdMob
- We are not responsible for the content of third-party advertisements
- Clicking on ads may redirect you to external websites
- Ad personalization can be controlled through your device settings
9. Disclaimers and Limitations
9.1 Service Availability
- The App is provided "as is" without warranties of any kind
- We do not guarantee continuous, uninterrupted, or error-free operation
- Service may be temporarily unavailable due to maintenance or technical issues
- MTA data feeds may be unavailable or inaccurate
9.2 Accuracy Disclaimer
- Train arrival times are estimates based on MTA data and may not be accurate
- Walking time calculations are estimates and may vary based on individual pace and conditions
- We are not responsible for missed trains or transportation delays
- Always verify information through official MTA sources when possible
9.3 Limitation of Liability
- We are not liable for any damages arising from your use of the App
- This includes missed appointments, transportation costs, or other consequential damages
- Our liability is limited to the amount you paid for premium features, if any
- Some jurisdictions may not allow these limitations
10. Intellectual Property
10.1 App Ownership
- The App and its content are owned by HyperLocal Social, Inc.
- You receive a limited license to use the App for personal purposes
- You may not copy, modify, or distribute the App
- MTA trademarks and data remain property of the MTA
10.2 User Content
- Any feedback or suggestions you provide may be used to improve the App
- You retain ownership of any content you create
- You grant us a license to use feedback for app improvement purposes
11. Termination
11.1 Termination by You
- You may stop using the App at any time by uninstalling it
- Cancel premium subscriptions through your app store
- Request data deletion by contacting us
11.2 Termination by Us
- We may terminate or suspend access for violations of these Terms
- We may discontinue the App with reasonable notice
- Termination does not affect your app store subscription - you must cancel separately
12. Changes to Terms
- We may update these Terms from time to time
- Changes will be posted in the App and on our website
- Continued use after changes constitutes acceptance
- If you disagree with changes, discontinue using the App
13. Governing Law
- These Terms are governed by the laws of Delaware, United States
- Any disputes will be resolved in Delaware courts
- If any provision is invalid, the remaining Terms remain in effect
14. Contact Information
HyperLocal Social, Inc.
Incorporated in Delaware
For questions about these Terms of Service, contact us at support@subwayrun.com
Last Updated: October 29, 2025