Effective Date: June 26, 2026

These Terms of Use (“Terms”) govern access to and use of the Peny communication platform (the “Platform”), operated by Peny, LLC (“Peny”), and are part of Peny’s legal framework, which includes the Master Services Agreement (“MSA”) and Privacy Policy (“Privacy Policy”). If a separate written agreement (such as an MSA) governs your use of the Platform, that agreement will control in the event of a conflict with these Terms.

By accessing or using the Platform, you agree to comply with these Terms and all applicable laws. If you do not agree, do not use the Platform. The Platform is used by Customers, Authorized Users, and Residents, each as defined in Section 2.

Capitalized words or phrases used in headings, titles, or section labels are formatted for readability only and are not intended to indicate defined terms unless explicitly stated.

These Terms also govern your use of Peny’s marketing and informational websites, including https://www.penyapp.com (the “Sites”). Provisions of these Terms relating to intellectual property, acceptable use, disclaimers, limitations of liability, and governing law apply to all visitors to the Sites, while provisions relating to accounts, AI features, Resident data, and Resident Submissions apply to your use of the Platform.

1. Eligibility and Age Requirements
   

You must be at least sixteen (16) years old to create an account or submit information through the Platform. The Platform is not intended for children under 16, and Peny does not knowingly collect Personal Information from children under 16. If Peny becomes aware that an account has been created by or for a person under 16, or that Personal Information has been collected from a person under 16, Peny will promptly terminate the account and delete the associated Personal Information.

Peny does not collect date of birth, age, or similar demographic information during account creation and does not independently verify the age of any person accessing the Platform. Peny's obligations under this section are limited to actions taken upon actual knowledge. Peny is not liable for inaccurate or incomplete information provided during registration.

1. Defined Terms
   

• Account Relationship Information: Individual-level information describing a Resident's service relationship with a Customer through the Platform, including newsletter subscription status, mobile application installation status, account creation date, signup source, coarse account activity status (for example, active, or inactive for ninety (90) or more days), event registrations the Resident submits for that Customer's events, and the fact and count of non-anonymous submissions the Resident has made to that Customer. Account Relationship Information does not include Content Engagement Data.
  
• AI Interaction: A private conversation between a Resident and the Platform's AI features. AI Interactions are not shared with any Customer unless the Resident explicitly chooses to do so, at which point the shared content becomes a Resident Submission.
  
• Anonymized or Aggregated Data: Data derived from Customer Data, Resident Account Data, Resident Submissions, or Platform usage that has been anonymized or aggregated such that it does not identify any individual, specific Customer, or Resident.
  
• Authorized User: An individual designated or permitted by a Customer to access or use the Platform on the Customer's behalf, including elected officials, employees, officers, contractors, or partners acting within the scope of their authority.
  
• Content Engagement Data: Individual-level information about a Resident's viewing, reading, listening to, or other consumption of content, or use of features, through the Platform, whatever the content type or feature. Content Engagement Data includes, for example, posts, newsletters, events, or pages viewed; notifications received or opened; links clicked; searches run; features used; login timestamps; and device type, and includes analogous information generated by content types or features Peny introduces in the future. Content Engagement Data identifies an individual Resident and is distinct from Platform Analytics and from Anonymized or Aggregated Data.
  
• Customer: A local government entity (such as a city, county, or other governing body) that subscribes to the Platform and manages its own account and Authorized Users.
  
• Customer Data: Content submitted or generated by a Customer or its Authorized Users in connection with its account, as well as Resident Submissions that have been formally incorporated into a Customer's internal records. Customer Data may include Personal Information but excludes Anonymized or Aggregated Data, AI Interactions that have not been shared with a Customer, Resident Account Data, Account Relationship Information, and Content Engagement Data.
  
• Personal Information: Any information that identifies, relates to, describes, or can reasonably be associated with or linked to an individual, such as name, email address, home address, profile photo, IP address, or location data.
  
• Platform Analytics: Anonymized or aggregated data about how the Platform is used, such as post view counts and engagement trends. Platform Analytics do not identify any individual.
  
• Resident: A member of the public who accesses the Platform to view content, ask questions, or engage with information and features made available by a local government through the Platform.
  
• Resident Account Data: Personal Information a Resident provides when creating or maintaining an account, such as name, email address, home address, and profile photo. Your account profile does not include a phone number. A phone number a local government adds from its own records is available only to that government, and a phone number you type into a submission goes only to the government that receives the submission.
  
• Resident Submission: Content a Resident intentionally directs to a Customer through the Platform. This includes form submissions, which are automatically delivered to the applicable Customer, and AI conversations the Resident explicitly chooses to share. Resident Submissions are hosted by Peny and remain under Peny's technical control unless formally incorporated into a Customer's internal records.
  

1. 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 local governments,
  
• View announcements and updates published by local governments,
  
• Ask questions or provide feedback.
  

Authorized Users may use the Platform to publish content, manage communications, and respond to Resident Submissions on behalf of their Customer.

Peny operates the Platform as a shared service across all participating Customers. Peny is a neutral technology provider and does not represent, speak on behalf of, or assume responsibility for any Customer's content, decisions, or communications. 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 Customer.

The Platform may contain links to third-party websites, tools, or resources. These links are provided for convenience only and do not constitute endorsement, sponsorship, or recommendation by Peny. Peny is not responsible for the availability, content, accuracy, or privacy practices of any third-party site or resource. Your use of third-party links is at your own risk.

Peny reserves the right to modify, update, or discontinue any feature or functionality of the Platform at any time, with or without notice. Peny will not be liable to you or any third party for any modification, suspension, or discontinuance of any part of the Platform.
Peny does not guarantee that files or content available through the Platform will be free of viruses, malware, or other harmful components. You are responsible for implementing appropriate safeguards on your own devices.

1. Acceptable Use
   

All Customers, Authorized Users, and Residents 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 unlawful, defamatory, obscene, harassing, or threatening.
  
• 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.
  
• Do not use bots, scrapers, crawlers, or other automated tools to access, extract, copy, or interact with the Platform or its content, including for the purposes of training artificial intelligence or machine learning models. This prohibition does not apply to commercially recognized search engines (such as Google and Bing) indexing publicly available content. Peny reserves the right to block any automated access at its sole discretion.
  

You are solely responsible for all content you post, submit, or transmit through the Platform, including its accuracy, legality, and appropriateness. Peny does not control, verify, or endorse content provided by Customers, Authorized Users, or Residents, and will not be liable for any content posted by any party other than Peny.

Peny may suspend or remove access to the Platform where Peny reasonably believes these Terms have been violated, and may remove content that is unlawful, contains malicious code, or presents a security threat. Moderation of content within a local government's channels is otherwise managed by that government under its own policies.

Prohibited Commercial Use

The Platform may not be used by Customers or Authorized Users to sell, distribute, or generate revenue from commercial advertising, paid placements, or third-party promotional campaigns. Customers may reference event sponsors or partners in connection with legitimate government activities (such as listing sponsors of a community event), but may not use the Platform as an advertising channel for third parties. Peny reserves the right to remove or restrict such content at its sole discretion.

1. Accounts
   

Certain features of the Platform, including browsing content and interacting with the AI assistant, are available without creating an account. Before you use the AI assistant, you will be asked to acknowledge how it works and accept these Terms, and your acceptance applies to your continued use. If you use the Platform without an account, these Terms still apply to your use. However, Peny will not be able to associate your activity with an identifiable individual unless you voluntarily provide identifying information (such as your name) during an AI conversation. If you use the Platform without an account, Peny may be unable to process data access or deletion requests unless it can reasonably associate the data with you.

Some features of the Platform may require you 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 and, if you are an Authorized User, your local government of any unauthorized access or security incident.
  The information you provide, including your home address, is self-reported; Peny does not independently verify it, and the local government you are connected to and the content and alerts you receive depend on the home address you enter, so you are responsible for keeping it accurate and current.
  

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 will have no liability for any loss, damage, or claim arising from unauthorized access to the Platform through your account credentials, regardless of how such credentials were obtained by an unauthorized party.

Your account is personal to you and may not be transferred, assigned, or shared with any other person. Any rights to your account and its contents terminate upon your death.

If you are an Authorized User, your account access is subject to the control of the Customer on whose behalf you act, which may reassign, suspend, or deactivate your access at any time.

If you are an Authorized User, you may access and use Resident information available through the Platform solely for legitimate governmental communication and community-engagement purposes related to your Customer's official functions, and not for any commercial, political-campaign, personal, harassing, discriminatory, or unlawful purpose. This restriction applies to Resident information whether accessed within the Platform or exported from it, and survives deactivation of your access.

Peny reserves the right to establish limits on storage, usage, or other Platform features, and to suspend or deactivate accounts that remain inactive for an extended period. Peny is not responsible for the deletion or failure to store any content or data maintained on the Platform.

What Your Local Government Can See About You

What a local government can see about you through the Platform depends on whether you have a home address within its jurisdiction. A local government where your address is located (your home local government) can see your account information (name, email address, home address, and profile photo) and your relationship with it on the Platform: whether you subscribe to its newsletter, whether you use the app or the web, when you created your account, how you first signed up, whether your account has been recently active, the number of non-anonymous submissions you have made to it, and any of its events you have registered for. It can see the home address you provided, shown on a map, and it can export this information and use it to send you communications.

It cannot see what you read. Information about which posts, newsletters, notifications, or pages you view, open, or click is shared with local governments only as combined totals and percentages that do not identify you. There are two exceptions. First, anything you intentionally submit, such as a form, poll response, or event registration, is delivered to the local government you send it to. If you are signed in when you submit, your name and email address are included with your submission, and the Platform shows you this before you submit, unless you submit anonymously. Submitting anonymously means only that the Platform does not attach your account identity to your submission. Anything you type into the submission itself, including your name, address, or contact information if the form asks for it or you choose to include it, is still delivered to the local government as part of your submission. If you submit without an account, only the information you type into the submission is delivered. Reports your local government sees may describe how many people from an area viewed something or took part in something, but never in groups small enough to point to you. If you submit anonymously, the most your local government can learn about you is whether the submission came from a verified resident, meaning an account whose self-reported home address is within that government's jurisdiction, and only if that setting is on and you are told before you submit. Second, if your home local government sends an emergency alert, it can see whether the alert reached your household during that emergency, to support any follow-up it chooses to conduct. This delivery information is generated automatically and may be inaccurate, incomplete, or delayed.

A local government you only follow, where you do not have an address, sees only aggregated, de-identified information and does not see your name, contact information, or individual activity, except for what you intentionally submit to it. If you submit a form, register for an event, or report an issue to a government you follow, that submission is delivered just as described above, including your name and email address if you are signed in and do not submit anonymously, but you do not otherwise appear in that government's resident records. No local government, whether you live there or only follow it, can see your conversations with the AI assistant unless you choose to share a specific conversation with it; if you share one, that local government can see the full conversation, including anything personal you included. If a new feature creates new information about you, your local government does not see it individually unless these Terms say so. If you change your address, your prior local government keeps a record of your account information and relationship from when you lived there but loses access to your current profile and ongoing activity, and your new local government gains access from that point forward.

Using the Platform Across Multiple Local Governments

You can use one Peny account to follow and interact with more than one local government. Each government’s access to your information is determined as described above, and local governments cannot see your relationship with, or your activity on, other governments through the Platform.

Local Government Policies

Some local governments publish their own policies, such as their own privacy policy or terms, through the Platform. Where a government has done so, you may be asked to agree to that policy in addition to these Terms and Peny’s Privacy Policy before continuing. A local government’s own policy governs only that government’s content and conduct and does not change these Terms or Peny’s Privacy Policy, which govern your use of the Platform and Peny’s handling of your information. If a government’s policy conflicts with these Terms or Peny’s Privacy Policy regarding the Platform or Peny’s data practices, these Terms and Peny’s Privacy Policy control. Peny does not review, approve, or take responsibility for any policy a local government publishes.

1. Resident Submissions and Control
   

Different types of data are generated when you use the Platform, including AI Interactions and Resident Submissions, each as defined in Section 2.

Peny's control of submissions and AI conversations

Peny retains technical control over all Resident Submissions and AI Interactions to operate the Platform, maintain system integrity, enforce policies, provide support, operate and maintain Platform features, coordinate with Customers when necessary, and comply with legal obligations. Customers may access or manage Resident Submissions directed to them, but Peny may also access Resident Submissions and AI Interactions for any of the purposes described in this section.

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 or delete a Resident Submission, you should contact the relevant local government directly. If you wish to delete your account and all associated data, including AI Interactions, you may contact Peny at the contact information in Section 15. Peny does not offer deletion of individual records, submissions, or conversations separate from account deletion.

Anonymous and guest submissions

If you interact with the AI assistant without an account, your conversation is stored by Peny but is not associated with an identified individual. If you choose to share an anonymous conversation with a local government, it will appear as a guest submission and that local government will be able to view the full conversation. Any personal information you voluntarily include in a conversation may become visible to that local government upon sharing.

When Peny may access or disclose content

Peny may access, preserve, and disclose account information and content if Peny believes in good faith that such action is necessary to: (a) comply with applicable law or legal process; (b) enforce these Terms; (c) respond to claims that content violates the rights of third parties; (d) provide support; or (e) protect the rights, property, or safety of Peny, its Customers, or the public.

Requests to delete content will be honored only to the extent permitted by law. Peny is not responsible for content that has been accessed, archived, exported, or retained by a Customer, or that is subject to public records or legal retention obligations. Peny is not obligated to mediate, coordinate, or resolve disputes between Residents and Customers regarding data access or deletion.

What you keep, and account deletion

You keep your own conversations with the AI assistant, your record of the submissions you create, and the notifications you receive, for as long as your account exists, regardless of whether a local government is, was, or ceases to be a Customer. When a local government leaves the Platform, you keep these records, but its responses, the live status of anything you submitted, and content it published may no longer be available.

Peny deletes data at the account level and cannot remove your data from one local government while keeping your account active for others. To remove your Personal Information from the Platform, you may delete your account; even then, information a local government has already incorporated into its records or exported, and data that has already been anonymized or aggregated, cannot be retrieved by Peny.

Submitting to a local government

When you submit information or content to a local government through the Platform, whether you start it yourself or respond to a feature the local government uses to collect information from residents (such as a form, survey, or poll), you choose whether to submit. When you start a submission yourself, providing your contact information is optional, though the local government may be unable to respond without it. Features a local government uses to collect information are configured by that local government, which decides what information is required and whether a submission may be made anonymously. If a submission requires information you prefer not to provide, you can choose not to submit it. If you submit anonymously, the Platform does not attach your account identity to your submission; it appears to the local government as an anonymous user and is not attributed to you, including in any individual information it can otherwise see. However, any information you enter into the submission itself, including a name, address, or contact information entered into a form field, is delivered to the local government as part of your submission.

In every case, a submission includes only the information it collects and any details you add; it does not include your broader account profile, your home address, or your activity with other local governments. Once a local government receives or acts on your submission, the copy it receives is its record, governed by its policies and applicable law, and is not removed if you later delete your Peny account; to request removal, contact that local government directly.

1. AI-Generated Responses; Emergency Information and Alerts
   

How the AI Assistant Works

The Platform includes an AI assistant that generates automated responses using content supplied or authorized by Customers. While the AI assistant is designed to draw on Customer-supplied content, AI technology is inherently probabilistic and may occasionally misinterpret, oversimplify, or draw inferences beyond the information provided. Peny maintains visible disclaimers across all interfaces where Residents interact with AI-generated content, informing them that responses may be incomplete or inaccurate and that important information should be verified directly with the applicable local government.

For Residents

AI-generated responses are for general informational purposes only and may be incomplete, outdated, or inaccurate. They do not constitute legal, financial, emergency, professional, or official government advice. For critical matters, including but not limited to building, zoning, permitting, code compliance, public safety, and legal requirements, you should confirm information through direct contact with the appropriate department at your local government.

AI-generated responses may reference or summarize Customer-published content, but such references do not guarantee that the underlying content is current, complete, or applicable to your situation.

AI-generated responses are not official statements, decisions, or notices of your local government and do not create rights against, or bind, any government.

For Customers and Authorized Users

Peny does not originate, verify, or control any content published by Customers, including emergency communications. All emergency content on the Platform is published solely at the direction of the applicable Customer, and Peny has no obligation to monitor for, initiate, or ensure the timeliness of emergency communications. Peny is not responsible for any Customer's failure to publish, update, or maintain emergency information.

Liability

Peny disclaims all liability for reliance on AI-generated content and does not guarantee the accuracy, completeness, or suitability of any automated response. Peny will have no liability for any harm arising from a Resident's reliance on content published on the Platform, or on the absence of content on the Platform, during an emergency event.

Not for Emergencies

The Platform, including the AI assistant, posts, alerts, and notifications, is not a substitute for 911 or official emergency services and must not be used to report an emergency. To report an emergency, call 911 or contact your local government directly. The AI assistant is never a source of emergency guidance and is designed to direct you to call 911 or contact your local government for emergencies. Your local government may use the Platform as one of its channels to share emergency information and alerts, but delivery is not guaranteed and notifications may be delayed or not received, so you should not rely on the Platform as your only means of receiving emergency information and the absence of an alert or of content does not mean that no emergency exists. Some alerts, such as National Weather Service or Integrated Public Alert & Warning System alerts, are issued by third-party sources; Peny redistributes them as issued and does not originate or verify them, and whether you receive one depends on the area designated by the issuing source, the home address you have provided, and your notification settings. You control your notification preferences and may reduce or turn off notifications, including emergency alerts; if you do, you will not receive them, and neither Peny nor your local government is responsible for your non-receipt of any notification you have disabled. Keeping your home address accurate and current is your responsibility and determines which alerts reach you. Your local government does not see your AI conversations unless you share them, and content you submit or share may not be reviewed or responded to promptly.

Location-Based Features

The Platform does not currently offer features that use your precise device location. If such features are introduced, they would be optional and controlled through your device settings, which you could turn off at any time, and declining precise location would not prevent you from using the rest of the Platform. Location-based features would depend on your device, your settings, and third-party services, and could be inaccurate, delayed, or unavailable. You should not rely on any location-based feature, including any location-based alert or notification, for your safety or in an emergency. See the Not for Emergencies section above.

1. Ownership and License
   

Peny's Ownership

All rights, title, and interest in the Platform, including its software, features, tools, interfaces, AI functionalities, and underlying technology, are owned by Peny, as are Platform Analytics and Anonymized or Aggregated Data. You retain any rights you have in content you submit. You grant Peny a nonexclusive, worldwide, royalty-free license to host, store, copy, process, adapt, display, and transmit content you submit and information associated with your account as needed to operate, maintain, and provide the Platform, enforce these Terms, and comply with law. Peny retains technical control over all Resident Submissions, AI Interactions, Resident Account Data, Account Relationship Information, and Content Engagement Data, except as otherwise required by law or under a specific agreement with a Customer or Resident.

Customer Data

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 operate the services. This license does not transfer ownership of Customer Data to Peny.

Your License to Use the Platform

You receive a limited, non-exclusive, non-transferable license to use the Platform solely for its intended purposes and in accordance with these Terms. You may not copy, modify, reverse-engineer, decompile, disassemble, resell, sublicense, distribute, or create derivative works based on the Platform or any of its components. Any unauthorized use may violate applicable intellectual property, copyright, and trademark laws.

Feedback

If you provide Peny with any feedback, suggestions, or ideas regarding the Platform, you agree that Peny may use, disclose, or incorporate such feedback for any purpose without obligation, compensation, or attribution to you. All feedback becomes the sole property of Peny.

Copyright Infringement Notices

Peny respects the intellectual property rights of others. If you believe that content on the Platform infringes your copyright or other intellectual property rights, you may submit a notice to Peny at notice@penyapp.com with the following information: (i) a description of the copyrighted work you claim has been infringed; (ii) a description of where the allegedly infringing content is located on the Platform; (iii) your contact information; (iv) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; (v) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (vi) your physical or electronic signature. Peny may remove or disable access to content that is alleged to infringe.

Peny's designated agent to receive copyright notices is the Chief Executive Officer, Peny, LLC, 2326 Washington Boulevard, Ogden, UT 84401, notice@penyapp.com.

Counter-Notifications and Repeat Infringers

If you believe content you posted was removed or disabled by mistake or misidentification, you may send a counter-notification to notice@penyapp.com that includes: (i) your name, address, and phone number; (ii) identification of the content and the location where it appeared before removal; (iii) a statement, under penalty of perjury, that you have a good-faith belief the content was removed or disabled as a result of mistake or misidentification; and (iv) a statement that you consent to the jurisdiction of the federal court for the judicial district where you are located (or, if outside the United States, any judicial district in which Peny may be found) and that you will accept service of process from the party that submitted the original notice. Peny may, in its discretion and as permitted by applicable law, restore the removed content.

Peny will, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who are determined to be repeat infringers.

1. Compliance Disclaimer
   

The Platform provides content retention and export capabilities as described in the applicable Master Services Agreement. Peny does not make legal determinations regarding recordkeeping, retention, public notice, or disclosure obligations and does not warrant that use of the Platform satisfies any jurisdiction-specific legal requirement. Customers, Authorized Users, and Residents are solely responsible for their own compliance determinations.

1. Accessibility Disclaimer

   Peny designs the Platform with the goal of supporting accessibility, using the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as a reference standard across the Platform's user interface. 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.

2. 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, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment. These disclaimers apply regardless of the legal theory under which any claim is brought, whether in contract, tort, negligence, strict liability, or otherwise.

   Peny is not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of data, use, goodwill, profits, revenue, costs of breach notification, credit monitoring, regulatory fines, or reputational harm, even if Peny has been advised of the possibility of such damages, regardless of how such damages are characterized.

   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. This limitation applies to all claims, including those arising from reliance on AI-generated content. This limitation does not apply to death or bodily injury caused by Peny's negligence, to fraud or fraudulent misrepresentation, or to any liability that cannot be limited or excluded under applicable law.

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

   Indemnification

   You agree to indemnify, defend, and hold harmless Peny and its officers, directors, employees, and agents from and against any third-party claims, losses, damages, expenses, and costs (including reasonable attorney's fees) arising from: (i) your use or misuse of the Platform; (ii) content you submit through the Platform; (iii) your violation of these Terms or applicable law; or (iv) your violation of any third-party rights. This obligation survives termination of your account or these Terms. If you are a Customer or Authorized User, your indemnification obligations are governed by the applicable Master Services Agreement, and this paragraph does not expand or modify those obligations.

3. 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.
  

If you delete or deactivate your account, or if Peny suspends or terminates your access under this section, your access to the Platform will be disabled. Data associated with your account will be handled in accordance with Peny's Privacy Policy. Resident Submissions that have been incorporated into a Customer's records are Customer Data and will be retained in accordance with the applicable Customer's obligations. If you request deletion of your personal data, Peny will process your request in accordance with applicable law, subject to any legal retention requirements or anonymization or aggregation that has already occurred. If you use the Platform without an account, Peny will honor a request where it can reasonably associate the data with you, such as identifying information you provided in a conversation.

If your access is terminated because a Customer ends its relationship with Peny, your account data will be handled in accordance with Peny's Privacy Policy.

Suspension or termination of your account does not affect your ability to view publicly available government content without an account, and does not limit your right to contact your local government directly. Your local government may maintain other channels for emergency notification, and you should not rely on the Platform as your only source of emergency information.

1. 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 first be subject to good-faith negotiation between the parties. If the dispute is not resolved within thirty (30) days, either party may pursue any remedies available at law or in equity in the state or federal courts located in Salt Lake City, Utah. Each party consents to the personal jurisdiction and venue of those courts.

   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 Customer or Authorized User, nothing in these Terms waives any non-waivable immunities or procedural rights under applicable law.

   If you are a Customer or Authorized User, attorney's fees and costs are governed by the applicable Master Services Agreement. Otherwise, each party will bear its own attorney's fees and costs, except that if Peny prevails in any action to enforce these Terms against a party who has materially violated them, Peny may recover its reasonable attorney's fees and costs, where permitted by applicable law.

   Peny's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by Peny to be effective.

   If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permitted and the remaining provisions will continue in full force and effect.

   These Terms do not confer any rights, remedies, or benefits upon any person or entity other than you and Peny, except that Customers are intended beneficiaries of, and may rely on, the disclaimers and limitations of liability in these Terms.

   These Terms, together with Peny's Privacy Policy and any applicable Master Services Agreement, constitute the entire agreement between you and Peny regarding use of the Platform and supersede all prior or contemporaneous communications, whether written, oral, or electronic.

   Arbitration of Resident Disputes

   This subsection applies to Residents and other individual users of the Platform and does not apply to Customers or Authorized Users, whose disputes are governed by the applicable Master Services Agreement. Please read it carefully. Notwithstanding the dispute-resolution provision above, and except for the Excluded Claims described below, you and Peny agree that any dispute, claim, or controversy between you and Peny arising out of or relating to these Terms or your use of the Platform that is not resolved through good-faith negotiation will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and not in court. The Federal Arbitration Act governs this subsection, and the arbitrator’s award may be entered in any court of competent jurisdiction. The Salt Lake City courts identified above remain available only for Excluded Claims, for enforcement of an arbitration award, and for disputes involving Customers or Authorized Users.

   CLASS ACTION WAIVER: YOU AND PENY EACH AGREE THAT ANY DISPUTE SUBJECT TO ARBITRATION UNDER THIS SUBSECTION WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER YOU NOR PENY MAY PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING IN ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. THIS CLASS ACTION WAIVER IS AN ESSENTIAL PART OF, AND IS NOT SEVERABLE FROM, THE AGREEMENT TO ARBITRATE. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR DISPUTE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY TO THAT DISPUTE.

   If twenty-five (25) or more arbitration demands of a similar nature are filed against Peny by or with the coordination or assistance of the same or coordinated counsel, the demands will be administered under the AAA's Mass Arbitration Supplementary Rules then in effect, including their fee schedules and procedures for resolving common issues. If the AAA is unavailable or declines to administer, the demands will be administered by National Arbitration and Mediation (NAM) under its Mass Filing Supplemental Dispute Resolution Rules and Procedures then in effect. Filing and limitations deadlines for any stayed demand are tolled while it is stayed. If a demand remains unresolved twenty-four (24) months after filing, either party to that demand may elect to proceed in court, and such a claim is then treated as an Excluded Claim. If any portion of this paragraph is found unenforceable, it will be severed, and the remainder of this arbitration subsection remains in effect.

   Either you or Peny may bring an individual claim in a small-claims court of competent jurisdiction instead of arbitration, so long as the matter remains in that court and proceeds only on an individual basis.

   This subsection does not require arbitration of the following (the “Excluded Claims”): (a) claims for injunctive or other equitable relief relating to intellectual property or unauthorized access to the Platform, or (b) any claim that may not be subject to arbitration under applicable law.

   You may opt out of this arbitration subsection within thirty (30) days after you first accept these Terms by emailing notice@penyapp.com with your name and a statement that you opt out of arbitration. If you opt out, neither this arbitration subsection nor the class action waiver will apply to you, and the courts identified above will govern your disputes. Opting out does not affect any other provision of these Terms.

2. Changes to These Terms

   Peny may update these Terms from time to time. Updated Terms will be posted on the Platform. Non-material changes are effective upon posting, and for material changes Peny will, where appropriate, require your acceptance of the updated Terms before continued use of the Platform. Peny will notify active users of material changes through an in-app notification. If you are a Customer or Authorized User, a change to these Terms that materially reduces the Customer's rights or protections under the applicable Master Services Agreement is subject to the amendment provisions of that agreement.

   Your continued use of the Platform after a change that is not subject to an acceptance prompt constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Platform.

   Peny encourages you to review the Terms periodically to stay informed about your rights and responsibilities.

3. Contact Information

   If you have questions about these Terms or the Platform, you may contact Peny at:

   Peny, LLC

   2326 Washington Boulevard, Ogden, UT 84401
   notice@penyapp.com

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