Terms of Use

1. Acceptance of These Terms

The Platform is used by three categories of users:

• "Customers": Local government entities (e.g., cities or counties) that subscribe to the Platform and manage their account.
• "Authorized Users": Individuals designated by a Customer to use the Platform on the Customer's behalf (e.g., employees, contractors, or elected officials).
• "Residents": Members of the public who access the Platform to view content, ask questions, or interact with a local government.

Use of the Platform by each user type is subject to these Terms and applicable laws. The Platform is a shared environment hosted and managed by Peny to serve multiple Customers. Residents may interact with one or more Customers within this environment, and Peny retains control over the infrastructure and content submitted through it.

2. Eligibility and Age Requirements

You must be at least thirteen (13) years old to use the Platform. If you are under thirteen, you may only use the Platform with the active involvement and verifiable consent of a parent or legal guardian. Peny does not knowingly collect personal information from children under 13 without such consent. If we become aware that a user under 13 has provided information without required consent, we will take steps to delete the information and may suspend access.

Certain services or sections of the Platform may require age verification, residency, or other eligibility criteria as determined by the applicable Customer.

3. Defined Terms

• "Anonymized or Aggregated Data": Data that has been de-identified and cannot be used to identify an individual or specific Customer.
• "Authorized Users": Individuals designated by a Customer to access or use the Platform on the Customer's behalf, including employees, contractors, elected officials, or other representatives acting within their official role.
• "Customer Data": Content submitted or generated by Customers or their Authorized Users in connection with their account (e.g., published messages, internal records, or event posts). Customer Data may include Personal Information but excludes Anonymized or Aggregated Data and general Resident Submissions.
• "Personal Information": Any information that identifies or relates to an individual, such as name, contact information, IP address, or location data.
• "Resident Submissions": Content submitted by individual Residents through the Platform, including questions, suggestions, event information, and other public-facing input. While such submissions may be directed to one or more Customers, they are hosted by Peny and not automatically controlled by any Customer unless otherwise specified.

4. Platform Purpose

The Platform is designed to help local governments communicate with their communities in a centralized and accessible environment. Residents may use the Platform to:

• Follow and interact with one or more Customers,
• View official announcements and updates,
• Ask questions, submit event information, or provide feedback,
• Access public records and civic resources.

Peny operates the Platform as a shared service across all participating Customers. Customers and their Authorized Users manage content and interactions through administrative tools provided by Peny. Peny does not moderate or verify the accuracy of Customer content and does not guarantee that Resident submissions will be reviewed or responded to by any specific Customer.

The Platform is not segmented into separate environments for each Customer. Resident interactions occur within a unified infrastructure managed by Peny.

Peny provides the Platform as a neutral provider of technology services. It does not represent or speak on behalf of Customers and is not responsible for their content, decisions, or communications.

5. Acceptable Use

Users must comply with the following requirements when using the Platform:

• Do not use the Platform for illegal, fraudulent, or harmful purposes.
• Do not post content that is defamatory, obscene, harassing, misleading, or otherwise objectionable.
• Do not upload or distribute malware, viruses, or other malicious code.
• Do not impersonate others or misrepresent your identity or affiliation.
• Do not use the Platform to infringe intellectual property or other proprietary rights.
• Do not attempt to bypass security features or access unauthorized areas of the Platform.

Peny may suspend or remove content or user access at its sole discretion if these Terms are violated.

Peny may, in the future, allow approved third-party sponsors or advertisers to place promotional content on the Platform, consistent with our Privacy Policy. Users will not receive unsolicited messages, and Peny will not share personal information with advertisers unless you explicitly opt in.

No Advertising or Sponsored Content

The Platform may not be used to publish, distribute, or promote commercial advertising, paid endorsements, or sponsored content. Peny reserves the right to remove or restrict such content at its sole discretion.

6. User Accounts

Some features of the Platform may require users to create an account. If you register, you agree to:

• Provide accurate, current, and complete information,
• Maintain the confidentiality of your login credentials,
• Notify Peny or your local government of any unauthorized access or security incident.

You are responsible for all activity that occurs under your account. If you are an Authorized User acting on behalf of a Customer, that Customer is responsible for managing your access, permissions, and compliance with these Terms. Peny is not responsible for losses caused by your failure to safeguard your credentials.

7. Resident Submissions and Control

Resident-submitted content (such as questions, suggestions, comments, or event information) is hosted by Peny and may be shared with one or more Customers. However, no Customer assumes control or ownership of Resident Submissions unless and until such rights are explicitly transferred by law or through a specific agreement or the Customer takes action to generate official content based on that submission.

Peny retains access to all such content to operate the Platform, maintain system integrity, and coordinate with Customers when necessary. If a Customer responds to, exports, or integrates a Resident Submission into their official records (such as by creating a ticket, initiating a workflow, or taking action), the resulting material becomes Customer Data under the Master Services Agreement and is governed by that Customer's legal and compliance obligations.

Peny retains technical control over all Resident Submissions to ensure the Platform operates effectively and securely. While local governments may access or manage submissions directed to them, Peny may also access this content to maintain system functionality, enforce policies, support users, or comply with legal obligations.

Submissions are stored in a shared Platform environment and are not isolated per Customer. Peny does not use Resident content for unrelated purposes. Access is limited to authorized personnel, logged for accountability, and governed by internal controls.

If you wish to access, modify, or delete a submission, you may contact Peny directly or the relevant local government(s). Peny will coordinate with the appropriate party as needed.

Resident requests to delete or correct a submission will be honored only to the extent permitted by law. Peny may be unable to remove content that has already been accessed, archived, or exported by a Customer subject to public records or legal retention obligations. While Peny will coordinate with the applicable Customer when appropriate, it cannot override legal requirements or Customer-controlled data policies.

8. AI-Generated Responses

The Platform may include an AI assistant that provides automated responses based on content supplied or authorized by Customers. These responses are intended to improve access to public information and are for general informational purposes only. They may be incomplete, outdated, or inaccurate depending on the underlying data or system behavior.

AI-generated content does not constitute legal, financial, emergency, or professional advice, and may not reflect the official position of any Customer.

Peny may display labels, disclaimers, or other cues to help users understand that certain responses are automated. Customers are responsible for ensuring that the underlying source content they provide is accurate and appropriate, and for setting expectations with their communities as needed.

Peny disclaims all liability for reliance on AI-generated content and does not guarantee the accuracy, completeness, or suitability of any automated response.

9. Ownership and License

All rights, title, and interest in the Platform and its underlying technology are owned by Peny. Users receive a limited, non-exclusive, non-transferable license to use the Platform solely for its intended purposes and in accordance with these Terms.

Customers retain ownership of their Customer Data. By using the Platform, Customers grant Peny a limited license to use, process, and transmit Customer Data solely to provide and improve the Services.

Peny retains ownership and control over the Platform and all Resident Submissions, except as otherwise required by law or under a specific agreement with a Customer or Resident.

Peny may use Anonymized or Aggregated Data for analytics, benchmarking, and service improvement.

Users may not reverse-engineer, decompile, resell, or create derivative works based on the Platform or any of its components without Peny's prior written consent.

10. Compliance Disclaimer

Peny is not a system of record, public records archive, or compliance platform. The Platform is not designed to satisfy jurisdiction-specific legal obligations related to recordkeeping, retention, or disclosure unless expressly agreed or required by law.

Customers and users are solely responsible for determining whether supplemental tools, workflows, or procedures are necessary to meet regulatory, public records, or accessibility requirements.

11. Accessibility Disclaimer

Peny strives to support accessibility across the Platform's user interface, including tools aligned with the Web Content Accessibility Guidelines (WCAG). However, Peny does not review, audit, or certify the accessibility of any content or communications published by Customers. Each Customer is solely responsible for ensuring that its use of the Platform—including all content, services, and interactions—complies with applicable accessibility laws, including the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and other jurisdiction-specific standards.

12. Disclaimers and Limitations of Liability

The Platform is provided "as is" and "as available." Peny makes no warranties, express or implied, regarding the accuracy, availability, or reliability of the Platform or any content provided through it.

To the fullest extent permitted by law, Peny disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment.

Peny is not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, use, goodwill, or profits, even if Peny has been advised of the possibility of such damages.

Peny's total liability to any individual Resident for any claim related to use of the Platform will not exceed one hundred dollars ($100), regardless of the nature of the claim or any fees paid by a Customer.

Some jurisdictions do not allow certain warranty disclaimers or limitations of liability, so some of the above may not apply to you.

13. Termination

You may stop using the Platform at any time. Peny may suspend or terminate your access if:

• You violate these Terms or applicable law,
• You interfere with the Platform's operation or integrity,
• Required by legal or governmental request,
• The applicable Customer terminates its relationship with Peny.

Upon termination, your access to the Platform and any associated content may be deleted. Because the Platform is shared across multiple Customers, termination by one Customer does not remove or affect your ability to interact with other Customers unless otherwise stated. Sections that by their nature should survive termination (including disclaimers, limitations of liability, and intellectual property rights) will remain in effect.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in Salt Lake City, Utah. Each party will bear its own costs.

Nothing in this section prevents either party from seeking injunctive or equitable relief in court for claims related to intellectual property rights or unauthorized access to the Platform.

If you are a government user, this section will be interpreted to preserve any non-waivable immunities or procedural rights under applicable law.

15. Changes to These Terms

Peny may update these Terms from time to time. If we make material changes, we will provide notice via the Platform, by email, or by other reasonable means.

Your continued use of the Platform after any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Platform.

We encourage you to review the Terms periodically to stay informed about your rights and responsibilities.