Terms of Service

Adopted July 15, 2026 · Effective October 29, 2026 · Provided by Pivotal Intelligence LLC, a Smart City Media company

Who we are

These policies are provided by Pivotal Intelligence LLC, a Smart City Media company (“Pivotal Intelligence,” “we,” “us,” or “our”). “Smart City Media” means Smart City Media LLC and its subsidiaries and affiliates other than Pivotal Intelligence. “Affiliates” means Smart City Media and any entity that controls, is controlled by, or is under common control with Pivotal Intelligence.

Pivotal Intelligence operates the Citypost™ digital kiosks, the Citypost mobile app, the Campaign Manager advertising platform, the kiosk sensor network, the Citypost Wi-Fi service, and this website (together, the “Services”).

1. Agreement

These Terms of Service (“Terms”) are an agreement between you and Pivotal Intelligence covering your use of the Services. By using any of the Services, you agree to these Terms, our Privacy Notice, and any additional terms that apply to a specific Service: the Citypost App License, the Citypost Wi-Fi Terms, and the Campaign Manager terms in Section 7. If there is a conflict, the Service-specific terms control for that Service. If you use the Services on behalf of an organization, you agree to these Terms on its behalf and confirm that you have authority to do so.

If you have a separate signed agreement with us, such as a Municipal Partner or enterprise advertising agreement, that agreement controls where it conflicts with these Terms.

2. Eligibility

You may use kiosk screens without an account. To create an account in the Citypost app or Campaign Manager, you must be at least 13 years old, and if you are under 18 (or the age of majority where you live), a parent or legal guardian must agree to these Terms on your behalf. Campaign Manager accounts are for businesses and adults 18 or older only. You may use the Services only as permitted by law, including U.S. export control and sanctions laws.

3. Your content and permissions

Content you submit, such as ad creative uploaded to Campaign Manager, messages, or other files (“Your Content”), remains yours. You give Pivotal Intelligence and our Affiliates a non-exclusive, worldwide, royalty-free license to host, store, copy, format, adapt for display, and display Your Content, only as needed to provide and promote the Services you have asked for. This license ends when you delete Your Content or your account, except for copies kept in routine backups for a limited time, or as required by law. Feedback you give us about the Services may be used without obligation to you.

4. Your responsibilities

• You are responsible for your conduct and Your Content, and you must have the rights to anything you upload or display.
• Keep your account credentials secure, use multi-factor authentication where we offer it, and tell us promptly at security@pivotal-intelligence.com if you suspect unauthorized access.
• Keep your account information accurate so we can reach you with important notices.

We may review content and activity for compliance with these Terms and the law.

5. Acceptable Use Policy

You must not misuse the Services or help anyone else do so. In particular, you must not:

• probe, scan or test the vulnerability of any system or network, or breach or circumvent any security or authentication measure, except through our vulnerability disclosure program;
• physically tamper with, open, damage or attach devices to a kiosk or its ports, cameras or sensors;
• access, tamper with or use non-public areas of the Services;
• interfere with or disrupt any user, host or network, for example by sending malware, overloading, flooding or spamming any part of the Services;
• scrape, harvest or bulk-create accounts, or access the Services by any means other than our published interfaces;
• intercept, monitor or collect data about other users, including on the Citypost Wi-Fi network;
• send spam or unsolicited communications, or send altered, deceptive or false source-identifying information, including spoofing or phishing;
• display or distribute content that is unlawful, defamatory, fraudulent or misleading, sexually explicit, violent in an extreme way, or that promotes hatred against people based on race, religion, ethnicity, national origin, sex, gender identity, sexual orientation, age or disability;
• use the Services to create deepfakes or other synthetic media designed to deceive the public;
• harass or abuse other people, including our personnel and contractors;
• resell the Services without our written authorization; or
• violate the law or the privacy or intellectual property rights of others.

6. Software and beta features

Some Services include software that may update automatically. As long as you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use that software solely to access the Services. Open-source components are governed by their own licenses, which we make available. Unless the law permits it despite this restriction, you may not reverse engineer or decompile the Services. Features marked beta, preview or early access may be less reliable and may change or end without notice.

7. Campaign Manager

Purchases. Campaign Manager lets approved advertisers buy display time on Citypost kiosks. When you confirm a purchase, you authorize us to charge your payment method for the amount shown, plus applicable taxes.

Ad review. All ads are subject to our ad standards, to the advertising policies of the relevant Municipal Partner, and to applicable law. We may reject, pause or remove any ad that does not meet them. If we remove an ad for reasons other than your breach of these Terms, we will refund unused display time.

Fees. We may change our fees with at least 30 days' notice by email. Changes do not affect campaigns already purchased.

Reports. Campaign reports use aggregated, anonymous measurements. They are estimates and are not guaranteed.

8. Third-party content, links and app stores

The Services display content from Municipal Partners, advertisers and other third parties, and may link to third-party sites. We do not endorse that content and are not responsible for it, or for your dealings with advertisers. The Citypost app is also subject to the terms of the Apple App Store or Google Play, as applicable.

9. Our property

The Services, including software, design, content we provide, and the Pivotal Intelligence, Smart City Media and Citypost names and logos, are protected by intellectual property laws and owned by or licensed to Pivotal Intelligence and our Affiliates. The Pivotal Intelligence and Citypost trademarks are owned by Smart City Media LLC and used by Pivotal Intelligence under license. These Terms do not give you any rights to them except the limited licenses stated here.

10. Copyright complaints (DMCA)

We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). To file a notice, send our designated Copyright Agent the following in writing: (i) your physical or electronic signature; (ii) identification of the copyrighted work; (iii) identification of the allegedly infringing material and where it appears; (iv) your contact information; (v) a statement that you have a good-faith belief the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the copyright owner.

Copyright Agent: Pivotal Intelligence LLC, Attn: Copyright Agent, copyright@pivotal-intelligence.com

If your content was removed and you believe it was a mistake, you may send a counter-notice under 17 U.S.C. § 512(g). It must include your signature, identification of the removed material, a statement under penalty of perjury that it was removed by mistake or misidentification, your contact information, and your consent to the jurisdiction of the federal court for your district (or the Southern District of New York if you are outside the U.S.). We will terminate, in appropriate circumstances, the accounts of repeat infringers.

11. Suspension and termination

You may stop using the Services at any time. We may suspend or terminate your access if (a) you materially breach these Terms, (b) your use creates a real risk of harm or loss to us, other users or the public, or (c) we are required to by law or by a Municipal Partner. Where reasonable, we will give advance notice and a chance to fix the problem and export Your Content. We will not give advance notice where it would create legal liability, harm others, or compromise the security of the Services.

If we discontinue a Service, we will give reasonable advance notice and refund any prepaid fees for the period not provided.

12. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PIVOTAL INTELLIGENCE AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Transit times, directions, alerts and other information shown on kiosks are provided for convenience and may be inaccurate or delayed. Do not rely on them in an emergency; call 911. Some places do not allow these disclaimers, so they may not apply to you.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PIVOTAL INTELLIGENCE AND ITS AFFILIATES, SUPPLIERS AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF US $100 OR THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence.

14. Indemnity

If you use the Services for business purposes, including Campaign Manager, you will defend and indemnify Pivotal Intelligence and its Affiliates against third-party claims arising from Your Content, your breach of these Terms, or your violation of law or of someone else's rights. We will notify you promptly of any such claim and may participate in the defense with our own counsel.

15. Resolving disputes

Talk to us first. Before filing a claim, you agree to contact us at legal@pivotal-intelligence.com with a description of the dispute, and we will try to resolve it informally. If it is not resolved within 30 days, either party may proceed as described below.

Governing law. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, and by applicable U.S. federal law.

Courts. Any dispute will be brought only in the state or federal courts located in New York County, New York, and both parties consent to their jurisdiction. Either party may instead bring an individual claim in small claims court if it qualifies.

No class actions. To the extent permitted by law, claims may be brought only on an individual basis, not as a plaintiff or class member in any class, consolidated or representative action.

Time limit. To the extent permitted by law, any claim must be filed within one year after it arises.

If you live in a jurisdiction whose consumer protection laws give you the right to bring claims in your local courts or under your local law, this section does not take that right away.

16. Changes to these Terms

We may update these Terms to reflect changes in the law, regulatory requirements, or improvements to the Services. If a change materially affects your rights, we will notify account holders by email or in-product notice, and post it on this website, at least 30 days before it takes effect. If you do not agree, you may stop using the Services and cancel your account before the effective date, and we will refund prepaid fees for the unused period. Continuing to use the Services after the effective date means you accept the updated Terms.

17. General

• Entire agreement. These Terms, together with the policies they reference, are the entire agreement between you and us about the Services, except for any separate signed agreement described in Section 1.
• Assignment. You may not assign these Terms without our consent. We may assign them to an Affiliate or to a successor in a merger, acquisition or sale of assets.
• Severability and waiver. If a provision is unenforceable, the rest remains in effect and the provision will be enforced as closely to its intent as the law allows. Our failure to enforce a provision is not a waiver.
• Notices. We may give you notice by email, in the Services, or on this website. You may give us legal notice by email at legal@pivotal-intelligence.com.
• Survival. Sections 3 (as to retained copies), 9, 10, 12, 13, 14, 15 and 17 survive termination.
• Third-party beneficiaries. Our Affiliates, and Municipal Partners that host our kiosks, may enforce the protections in Sections 12–14. These Terms create no other third-party rights.