Last updated May 1, 2026
These Terms of Service ("Terms") constitute a binding legal agreement between you ("User", "you", or "your") and TransitShine Solutions LLC ("TransitShine", "we", "us", or "our") governing your access to and use of the RailShine hosted software application and any related services, content, and materials (collectively, the "Service"). By creating an account, accessing, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.
1. Eligibility and Account
1.1. You must be at least the age of legal majority in your jurisdiction to use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.
1.2. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must promptly notify TransitShine Solutions LLC of any unauthorized use or suspected breach of security.
1.3. You agree to provide accurate, current, and complete information when registering and to keep such information up to date.
2. License Grant
2.1. Subject to your continuous compliance with these Terms, TransitShine Solutions LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your own internal, personal, or internal business purposes during the term of your subscription or use.
2.2. The license granted in Section 2.1 does not include any right of ownership in the Service. All rights not expressly granted to you in these Terms are reserved by TransitShine Solutions LLC and its licensors.
3. Restrictions on Use
You agree that you will not, and will not permit any third party to, directly or indirectly:
3.1. Sell, resell, lease, rent, license, sublicense, distribute, host, or otherwise commercially exploit the Service or make it available to any third party (including, without limitation, as part of a service bureau, managed service, or hosting offering).
3.2. Transfer, assign, or sublicense your rights under these Terms or your account to any other person or entity, whether by operation of law or otherwise, without TransitShine Solutions LLC's prior written consent.
3.3. Copy, reproduce, mirror, frame, scrape, republish, or redistribute any portion of the Service or its contents, except as strictly necessary for your authorized use of the Service.
3.4. Modify, adapt, translate, create derivative works of, decompile, decrypt, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, or non-public APIs of the Service, except to the extent such restriction is expressly prohibited by applicable law.
3.5. Remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) contained in or on the Service.
3.6. Use the Service to develop or train any product or service that competes with the Service, or to benchmark the Service for the purpose of publishing performance results without TransitShine Solutions LLC's prior written consent.
3.7. Use the Service in any manner that violates applicable law, infringes the rights of any third party, or interferes with, disrupts, or attempts to gain unauthorized access to the Service or its related systems or networks.
3.8. Introduce any virus, worm, malware, or other malicious code into the Service, or use any automated means (including bots, scrapers, or crawlers) to access the Service except as expressly permitted by TransitShine Solutions LLC.
4. Reservation of Rights
No rights or licenses are granted to you under these Terms except as expressly set out herein. Any rights not expressly granted are reserved by TransitShine Solutions LLC and its licensors. No implied licenses arise from these Terms or from the provision of the Service.
5. Intellectual Property
5.1. The Service, including all software, source code, object code, designs, layouts, user interfaces, graphics, text, images, audio, video, documentation, and any other content or materials made available through the Service (collectively, the "Materials"), and all related intellectual property rights, including all copyrights, patents, trade secrets, trademarks, service marks, trade names, and other proprietary rights, are and shall remain the exclusive property of TransitShine Solutions LLC and its licensors.
5.2. "RailShine", "TransitShine Solutions LLC", "TransitShine" and any associated logos, designs, names, and slogans are intellectual property of TransitShine Solutions LLC. You may not use, register, or attempt to register any of TransitShine Solutions LLC's trademarks, or any confusingly similar marks, without TransitShine Solutions LLC's prior written permission.
6. User Content and Feedback
6.1. User Content. To the extent you submit, upload, or transmit any data, files, or materials to the Service ("User Content"), you retain ownership of your User Content. You grant TransitShine Solutions LLC a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display your User Content solely as necessary to operate, maintain, and provide the Service to you.
6.2. Feedback. If you provide TransitShine Solutions LLC with any suggestions, comments, ideas, improvements, or other feedback regarding the Service ("Feedback"), you hereby grant TransitShine Solutions LLC a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, in any form, and through any medium, at any time, without any obligation to provide attribution, credit, or compensation to you. You waive, to the maximum extent permitted by law, any moral rights or similar rights you may have in such Feedback.
7. Privacy and Usage Data
7.1. TransitShine Solutions LLC collects, processes, and uses information about you and your use of the Service in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that your information will be handled as described in the Privacy Policy. You can read the full text of the Privacy Policy here.
7.2. You acknowledge that TransitShine Solutions LLC may collect technical, diagnostic, performance, and usage data related to your interaction with the Service, and that we may use such data to operate, secure, improve, and develop the Service, in each case as further described in the Privacy Policy.
8. Service Availability and Modifications
8.1. TransitShine Solutions LLCdoes not guarantee that the Service will be available at any particular time or for any particular duration. The Service may be subject to scheduled maintenance, unscheduled downtime, outages, errors, or other interruptions. TransitShine Solutions LLC makes no uptime, performance, or availability commitments under these Terms.
8.2. TransitShine Solutions LLC may, at its sole discretion and at any time, modify, suspend, or discontinue any part or all of the Service, with or without notice. TransitShine Solutions LLC will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
8.3 Updated Terms will be posted at this page and linked in the RailShine app or provided by other reasonable notice. Your continued access to or use of RailShine after updated Terms become effective means you accept the updated Terms. If you do not agree to updated Terms, you must stop using RailShine.
9. Suspension and Termination
9.1. TransitShine Solutions LLC may suspend, restrict, or terminate your access to the Service, or revoke any license granted under these Terms, at any time, for any reason or no reason, with or without notice, and without liability to you. Reasons for which TransitShine Solutions LLC may exercise this right include, without limitation, suspected violation of these Terms, suspected unlawful activity, risk to the Service or other users, or business or operational considerations.
9.2. You may stop using the Service and terminate your account at any time by following the instructions provided within the Service or by contacting TransitShine Solutions LLC.
9.3. Upon termination or suspension, your right to access and use the Service immediately ceases. TransitShine Solutions LLC may delete or retain your User Content in accordance with its standard practices and the Privacy Policy. Sections that by their nature should survive termination (including, without limitation, Sections 3, 4, 5, 6.2, 7, 9.3, 10, 11, 12, 13, and 14) will survive.
10. Disclaimer of Warranties
10.1. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRANSITSHINE SOLUTIONS LLC AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE.
10.2. WITHOUT LIMITING THE FOREGOING, TRANSITSHINE SOLUTIONS LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE, RELIABLE, OR PRESERVED. NO ADVICE OR INFORMATION OBTAINED FROM TRANSITSHINE SOLUTIONS LLC OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
11. Limitation of Liability
11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRANSITSHINE SOLUTIONS LLC OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR BUSINESS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRANSITSHINE SOLUTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRANSITSHINE SOLUTIONS LLC'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TRANSITSHINE SOLUTIONS LLC FOR RAILSHINE IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
11.3 These limitations apply regardless of the legal theory, whether based in contract, tort, negligence, strict liability, warranty, statute, or otherwise, even if TRANSITSHINE SOLUTIONS LLC has been advised of the possibility of damages and even if a remedy fails of its essential purpose.
11.4 WITH RESPECT TO ANY CLAIMS RELEASED, WAIVED, DISCLAIMED, OR LIMITED UNDER THESE TERMS, YOU EXPRESSLY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 AND ANY ANALOGOUS LAW OF ANY JURISDICTION. CALIFORNIA CIVIL CODE § 1542 PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU ASSUME THE RISK OF ANY UNKNOWN CLAIMS THAT MAY EXIST AT THE TIME YOU AGREE TO THESE TERMS.
12. Indemnification
You agree to defend, indemnify, and hold harmless TransitShine Solutions LLC and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.
13. Third-Party Services
The Service may interoperate with, link to, or otherwise rely on third-party services, websites, content, or software ("Third-Party Services"). TransitShine Solutions LLC does not control and is not responsible for any Third-Party Services. Your use of any Third-Party Services is subject to the applicable third party's terms, and TransitShine Solutions LLC disclaims all liability arising from your use of any Third-Party Services.
14. Governing Law and Venue
These Terms, and any dispute arising out of or relating to these Terms, are governed by the laws of the State of California, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 15 (Arbitration and Class Action Waiver), any dispute that is not required to be resolved by arbitration must be brought exclusively in the state or federal courts located in Sacramento County, California, and each party consents to the personal jurisdiction and venue of those courts and waives any objection based on inconvenient forum.
Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property, confidential information, or system security.
15. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND TRANSITSHINE SOLUTIONS LLC TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU MAY OPT OUT OF THIS SECTION AS DESCRIBED IN SECTION 15.6.
15.1. Agreement to Arbitrate. Except for Excluded Disputes (defined in Section 15.5), you and TransitShine Solutions LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or RailShine, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by binding individual arbitration. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, for claims exceeding USD $250,000, its Comprehensive Arbitration Rules and Procedures), as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Section 15.
15.2. Arbitration Procedure. The arbitration will be conducted by a single arbitrator and will take place in Sacramento County, California, unless you and TransitShine Solutions LLC agree otherwise. You may elect to participate by telephone or videoconference, or, for claims under USD $25,000, on a documents-only basis. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
15.3. Class and Representative Action Waiver. YOU AND TRANSITSHINE SOLUTIONS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
15.4. Public Injunctive Relief Carve-Out. Notwithstanding anything in this Section 18, claims for public injunctive relief (as defined under California law, including under *McGill v. Citibank, N.A.*, 2 Cal. 5th 945 (2017)) may be pursued in a court of competent jurisdiction located in Sacramento County, California. Any individual claims for damages or other non-public-injunctive relief that accompany a public-injunctive-relief claim remain subject to arbitration under this Section 15 and will be stayed pending resolution of the public-injunctive-relief claim.
15.5. Excluded Disputes. This Section 15 does not require arbitration of: (a) claims for public injunctive relief as described in Section 15.4; (b) small claims court actions brought on an individual basis and within that court's jurisdictional limits; or (c) actions seeking injunctive or equitable relief to protect intellectual property, confidential information, or system security.
15.6. 30-Day Opt-Out. You may opt out of this Section 15 by sending written notice of your decision to opt out to TransitShine Solutions LLC at the contact address designated by us, postmarked or transmitted within thirty (30) days after the date you first accept these Terms. Your notice must include your name, account information, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
15.7. Severability. If any portion of this Section 15 (other than Section 15.3) is found unenforceable, the remainder of this Section will remain in effect. If Section 15.3 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in the courts identified in Section 14, while the remainder of the dispute will proceed in arbitration.
16. California Consumer Notice
Under California Civil Code § 1789.3, California users of RailShine are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254. Complaints regarding RailShine, or requests for further information regarding the use of RailShine, may be sent to TransitShine Solutions LLC using the contact information made available through this website.
17. Accessibility and Non-Discrimination
TransitShine Solutions LLC is committed to making RailShine accessible to users with disabilities and endeavors to comply with applicable accessibility laws, including the Americans with Disabilities Act and the California Unruh Civil Rights Act. If you encounter difficulty accessing or using any feature of RailShine due to a disability, please contact TransitShine Solutions LLC using the contact information made available on this website, and we will work in good faith to provide a reasonable accommodation or alternative means of access.
TransitShine Solutions LLC does not unlawfully discriminate against any user on the basis of any characteristic protected under applicable law.
18. U.S. Government End Users
RailShine and any related documentation are "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202. If you are a U.S. Government end user, or are accessing or using RailShine on behalf of a U.S. Government end user, RailShine and any related documentation are licensed to you only with the same rights that TransitShine Solutions LLC grants to all other commercial customers under these Terms, in accordance with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4. No greater rights than those provided in these Terms are granted to any U.S. Government end user.
19. Electronic Communications and Signatures
You consent to receive communications from TransitShine Solutions LLC in electronic form, including through RailShine, by email to the address associated with your account, or by other electronic means we reasonably designate. You agree that all agreements, notices, disclosures, and other communications that TransitShine Solutions LLC provides to you electronically satisfy any legal requirement that those communications be in writing.
You consent to the use of electronic signatures, contracts, orders, and records under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1–1633.17), and any analogous laws. You acknowledge that your electronic acceptance of these Terms (including by clicking an "I agree" button, creating an account, or otherwise accessing or using RailShine) is the legal equivalent of your handwritten signature and is sufficient to bind you to these Terms.
You may withdraw this consent only by ceasing all use of RailShine and closing your account. Withdrawal does not affect the legal effectiveness, validity, or enforceability of any electronic communications or signatures provided before the withdrawal.
20. Miscellaneous
20.1. Entire Agreement. These Terms, together with the Privacy Policy and any other policies expressly referenced herein, constitute the entire agreement between you and TransitShine Solutions LLC regarding the Service and supersede all prior or contemporaneous understandings.
20.1 Assignment. You may not assign or transfer these Terms or any rights or obligations under them without TransitShine Solutions LLC's prior written consent. We may assign or transfer these Terms without restriction. Any attempted assignment in violation of this Section is void.
20.2 Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
20.3 No Waiver. TransitShine Solutions LLC's failure to enforce any provision is not a waiver of its right to enforce that provision later.
20.4. Force Majeure. TransitShine Solutions LLC will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunications failures, or third-party service outages.
20.5. Relationship. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and TransitShine Solutions LLC.
20.6. Headings. Section headings are for convenience only and have no legal effect.
21. Contact
Questions about these Terms may be directed to TransitShine Solutions LLC at the contact address published on this website, which can be found on every page and is repeated here for convenience:
TransitShine Solutions LLC
2108 N St
#8598
Sacramento, CA 95816