Terms of Use.
Last Updated. February 1, 2025
This Terms of Use (“Terms”) explains the conditions under which Peny (“we,” “us,” or “our”) provides its communication platform (the “Platform”).
If a separate, written agreement (including any Master Services Agreement, “MSA”) between you and Peny covers your specific use of the Platform, that separate agreement will prevail in the event of any conflict with these Terms.
1. Acceptance of These Terms.
By accessing or using Peny, you agree to follow these Terms, including applicable local laws and regulations, and you are responsible for ensuring that your use of the Platform remains compliant. If you do not agree with any part of these Terms, please discontinue use of the Platform immediately.
2. Eligibility & Age Requirements.
This Privacy Policy applies to:
- Minimum Age. You must be at least 13 years of age to access the Platform.
- Parental Consent. If you are under 13, you may only use the Platform with the involvement and consent of a parent or guardian who agrees to be bound by these Terms on your behalf.
3. Definitions.
- “Local Government” A county, city, or other local government entity (including its Authorized Users) that subscribes to Peny and manages official content on the Platform.
- “Residents” Individuals who access Peny to view content, ask questions, or submit events.
- “Authorized User” An individual permitted or designated by a Local Government to access or use Peny on behalf of that Local Government (including employees, officers, elected officials, partners, or contractors).
4. Purpose of Peny.
Peny is designed to help Local Governments share important information with Residents. Residents can access this information, ask questions, and, where applicable, submit community events for approval.
Peny may also provide AI-generated responses based on information Local Governments upload to the Platform.
5. Acceptable Use.
By using Peny, you agree to:
- Use the Platform lawfully and responsibly.
- Submit only accurate, legal, and appropriate content.
- Respect all other users (whether Local Governments or Residents) and Peny’s Platform.
6. Prohibited Activities.
You may not:
- Use the Platform for illegal, fraudulent, or harmful purposes, or in violation of any applicable laws or regulations.
- Post or transmit content that is defamatory, harassing, threatening, hateful, obscene, invasive of privacy, or otherwise objectionable.
- Harm or exploit minors, including by exposing them to inappropriate content.
- Impersonate any person or entity, forge headers, or misrepresent your affiliation with others.
- Upload or distribute viruses, malware, or other harmful code designed to interrupt or damage Peny or its users.
- Engage in spam, chain letters, or other unsolicited communications.
- Use automated methods (e.g., bots or scrapers) to collect data from Peny without our written permission.
- Post copyrighted or proprietary content without the necessary rights or authorizations.
- Attempt to hack, disrupt, or otherwise interfere with Peny’s security, functionality, or infrastructure.
- Reverse-engineer, disassemble, or attempt to discover Peny’s source code.
- Mirror or frame Peny, or access the Platform by any means other than the interface provided.
- Collect or store personal data about other users in an unauthorized or unlawful manner.
7. Enforcement.
We reserve the right to remove any content or suspend any account that violates these Terms or poses a risk to the Platform or its users.
Any determination made by Peny regarding violations of these Terms is final and binding.
8. User Accounts & Registration.
When you create an account, you must provide and maintain truthful, accurate, and current information. You are responsible for all activity under your account.
If you suspect unauthorized use of your account, please contact us immediately.
9. AI-Generated Responses.
Peny provides automated responses using AI technology that references public data uploaded by Local Governments.
Limitations of AI-Generated Responses.
- No Independent Data. Peny does not collect, curate, or supplement government data beyond what Local Governments provide.
- Accuracy. Responses are based solely on Local Government–supplied content. If data is missing or incomplete, the AI may not be able to generate an accurate answer.
- Not Official Advice. AI-generated responses should not be considered official legal, financial, or emergency advice. Residents should verify critical information directly with their local government.
10. Event Submissions & Moderation.
Residents may submit events for inclusion in a local government’s event calendar. All such submissions:
- Must comply with local laws and guidelines defined by the relevant Local Government.
- Are subject to review and approval by the Local Government.
- May be removed at any time if deemed inappropriate, inaccurate, or misleading.
Peny is not responsible for approving, rejecting, or removing user-submitted events.
11. Intellectual Property Rights.
Ownership of Content.
- Are subject to review and approval by the Local Government.
- Residents. Residents who submit content (such as events) retain ownership of their submissions. By posting, you represent that you have all necessary rights to share that content.
By uploading or submitting content, you grant Peny and the applicable Local Government a non-exclusive, royalty-free license to display, distribute, and, if necessary, modify your content for operational or formatting reasons.
You remain solely responsible for the legality, accuracy, and compliance of your submissions.
Peny’s Intellectual Property.
All text, images, logos, software code, and other materials provided by Peny are owned or licensed by Peny and are protected by applicable intellectual property laws. You agree not to reproduce, distribute, modify, or create derivative works from these materials without express authorization.
Intellectual Property Complaints.
If you believe your intellectual property rights have been infringed, please send us a notice containing:
- A description of the allegedly infringed work and its location on the Platform.
- Your contact information (name, address, phone, and email).
- A statement that you have a good-faith belief the use is unauthorized.
- A statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner’s behalf.
- Your physical or electronic signature.
Send this notice by email or physical mail. We will respond in accordance with applicable law.
12. Accuracy of Information.
Local Governments strive to provide accurate and timely information on Peny. However:
- Peny does not guarantee the completeness, accuracy, or reliability of any content posted to the Platform.
- Local Government–provided information may be updated, changed, or removed over time.
- Residents should confirm important details directly with local officials.
Peny is not liable for any decisions made based on information provided on or through the Platform.
13. Privacy & Data Usage.
Your use of Peny is also governed by our Privacy Policy. By using Peny, you acknowledge that personal data you provide may be shared with the appropriate Local Government to facilitate communication.
We do not sell user data or use it for advertising purposes. Data is used solely to improve platform functionality and communication. Users should avoid sharing sensitive personal information in public inquiries or event submissions.
14. User-Generated Communications.
When using direct chats or posting content on Peny, do not share personal, confidential, or sensitive information you do not wish to be made public. Local Governments may treat your communications as public records.
Peny is not responsible for the security or privacy of information shared in user-generated communications. By submitting content or messages, you acknowledge that such information could become visible to others, either through public records requests or means outside Peny’s control.
15. Public Records Requests.
Certain communications, including messages or uploaded documents, may be classified as public records under local, state, or federal law. Local governments using Peny determine whether a record is subject to public disclosure. If you wish to make a public records request, please contact the relevant local government directly.
Peny disclaims responsibility for retaining or producing such records. We encourage Local Governments and Residents to comply with all applicable public records statutes or regulations.
16. Termination & Suspension of Access.
Peny reserves the right to:
- Suspend or terminate your access to the Platform if you violate these Terms or if required by law.
- Remove any content deemed inappropriate, misleading, or unlawful.
- Discontinue or modify Platform features without notice.
If your account or access is terminated under these Terms, any fees paid are non-refundable. However, if you are a Local Government subscriber covered by an MSA, the MSA’s termination and cancellation provisions (including any refund or penalty terms) will control where they conflict with these Terms.
You may discontinue use of Peny at any time without penalty. If you are a Local Government subscriber, you must follow the termination procedures set forth in your MSA for cancellation or discontinuation.
17. Enforcement & Remedies.
Violation of these Terms may subject you to civil or criminal liability. Peny reserves the right to seek injunctive or equitable relief if your conduct causes—or is likely to cause—irreparable harm.
18. Limitation of Liability.
Peny is provided on an “as is” and “as available” basis, without warranties of any kind. To the fullest extent permitted by law, Peny and its affiliates are not liable for:
- Errors, omissions, or inaccuracies in Local Government content.
- Actions taken in reliance on AI-generated responses.
- Approval, rejection, or removal of user-submitted events.
- Any damages resulting from your use of, or inability to use, the Platform.
If Peny is found liable for any claim, our total liability is limited to one hundred dollars ($100) in the aggregate.
19. Emergency Notifications & No Crisis Services.
Emergency Alerts by Local Governments.
Some local governments may use Peny to communicate urgent or emergency information (e.g., flood warnings, severe weather alerts). While Peny strives to deliver such notifications promptly, there is no guarantee that any alert will reach you in a timely manner or be error-free.
Each local government is responsible for the content, accuracy, and frequency of its alerts.
Not a Substitute for 911 or Crisis Services.
Peny is not a dedicated emergency response platform. Do not rely solely on Peny for real-time emergency or crisis information.
If you need immediate assistance or must report an urgent threat, you should:
- Call 911 or contact your local emergency services.
- Follow official government or public safety channels.
Peny disclaims liability for any delays, failures, or inaccuracies in emergency notifications sent via the Platform.
20. Disclaimer of Warranties.
Peny is provided on an “as is” and “as available” basis. We do not warrant that Peny will be uninterrupted, error-free, or secure, nor do we guarantee the accuracy or reliability of any information posted. You use Peny at your own risk.
To the fullest extent permitted by law, Peny disclaims all warranties—whether express or implied—including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Peny makes no representations or warranties regarding:
- The reliability or availability of the Platform.
- The truthfulness or completeness of content posted by Local Governments or Residents.
- The suitability of AI-generated responses for any particular purpose.
21. Indemnification.
You agree to indemnify, defend, and hold Peny (and its affiliates, officers, employees, agents, and partners) harmless from any claims, damages, losses, or liabilities arising out of or related to:
- Your use of the Platform.
- Your violation of these Terms.
- Your infringement of third-party rights.
- Any illegal conduct related to your use of Peny.
22. Feedback & Suggestions.
By submitting feedback, suggestions, or ideas to Peny (e.g., by email, chat, or survey), you acknowledge and agree that:
- Your submissions are provided voluntarily and without expectation of compensation.
- Peny may use, modify, reproduce, or distribute your feedback for any purpose, including product or service improvements.
- You irrevocably grant Peny a worldwide, non-exclusive, royalty-free license to incorporate such feedback into our Platform or related offerings.
If you wish to share proprietary or confidential information, please contact us about a separate non-disclosure agreement prior to disclosure.
23. Miscellaneous.
- Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.
- Entire Agreement. Unless you have entered into a separate Master Services Agreement (“MSA”) with Peny, these Terms constitute the entire agreement between you and Peny regarding the Platform. If there is a conflict between these Terms and an MSA, the MSA controls.
- No Waiver. No waiver of any provision or right is effective unless in writing.
- Links to Third-Party Websites. Peny may include links to third-party sites. We do not endorse or assume responsibility for third-party content or privacy practices. You access third-party sites at your own risk.
24. Governing Law & Dispute Resolution.
Governing Law.
These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles.
Master Services Agreement (MSA).
If a separate written agreement (including any Master Services Agreement) covers your specific use of the Platform, that agreement will control in the event of any conflict with these Terms, including this dispute resolution section.
Arbitration Agreement.
Except as noted below, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved exclusively through final and binding arbitration, administered by the American Arbitration Association in Salt Lake City, Utah, in accordance with its Commercial Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this provision.
Exceptions & Venue.
- Injunctive Relief or IP Claims. Either party may seek equitable relief (e.g., injunctions) in court to protect intellectual property rights.
- Small Claims. You or Peny may bring an individual claim in small claims court if it falls within that court’s jurisdiction.
- Non-Arbitrable Matters. If a dispute is determined not to be subject to arbitration, you consent to the exclusive jurisdiction of the Third Judicial District Court in Salt Lake City, Utah, and waive any objection to personal jurisdiction or venue in those courts.
Class Action Waiver.
All claims must be brought solely on an individual basis. Neither you nor Peny will act as a plaintiff or class member in any class or representative proceeding.
One-Year Limit.
Any claim must be filed within one (1) year from the date it arose, or it is forever barred.
Opt-Out.
If you do not wish to arbitrate, you must notify Peny in writing within thirty (30) days of first accepting these Terms, clearly stating that you opt out. Send this notice via email to notice@penyapp.com or by mail to the address in these Terms.
25. International Use & Export Compliance.
Peny is provided on an “as is” and “as available” basis. We do not warrant that Peny will be uninterrupted, error-free, or secure, nor do we guarantee the accuracy or reliability of any information posted. You use Peny at your own risk.If you access Peny from outside the United States, you do so at your own risk and are responsible for complying with local laws. You also agree to comply with U.S. export laws and regulations in your use of the Platform.
26. Changes to These Terms of Use.
We may update these Terms periodically, at our sole discretion, to reflect changes in our practices or for legal or regulatory reasons. When we do, we’ll revise the “Last Updated” date at the top. If significant changes occur, we will notify users through the Platform. Continued use of the Platform after such updates constitutes acceptance of the revised Terms. We encourage you to review these Terms regularly.
27. Contact Us.
If you have any questions about these Terms or wish to provide any notices, please contact us at:
Email: notice@penyapp.com
Address: 2326 Washington Boulevard, Ogden, UT 84404