Terms & Conditions

1. About these terms

These Terms & Conditions (“Terms”) apply to your use of citypulsekiosks.com and its related pages (the “Site”), the interactive tools on the Site, and the CityPulse touch-screen kiosks installed in host venues (the “Kiosks”). The Site and Kiosks are operated by CityPulse Kiosks (“CityPulse,” “we,” “us” or “our”).

By using the Site or a Kiosk, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use them.

2. Who can use the Site and Kiosks

The Site is intended for businesses and adults aged 18 or older. Kiosks are public information displays that anyone visiting a host venue may use. If you use the Site on behalf of a business, you confirm that you're authorized to act for that business.

3. Using the Site and Kiosks

You may use the Site and Kiosks for lawful, personal or business purposes. You agree not to:

• damage, tamper with, move, unplug or attempt to open a Kiosk or its hardware;
• try to access Kiosk software, operating systems or networks beyond the touch-screen interface provided;
• interfere with, overload or disrupt the Site, a Kiosk or the networks they rely on;
• use automated tools to scrape, copy or harvest content from the Site, except as normal search engines do;
• introduce viruses or other harmful code;
• use the Site or a Kiosk to break any law or infringe anyone's rights.

We may suspend or restrict access to the Site or a Kiosk at any time, for example for maintenance or if we believe these Terms have been broken.

4. Information on the Site and Kiosks

We work to keep information accurate and current, but venue details, local business information, hours, prices, offers, directions, events and availability can change without notice. Information on the Site and Kiosks is provided for general convenience and isn't professional, medical, legal or financial advice.

Some content shown on the Site — including the interactive kiosk demo, example campaigns, sample screens and the businesses in them — is illustrative and uses fictional businesses. It doesn't describe a specific installation, venue or advertiser.

5. Advertisements and third-party offers

Kiosks display advertisements and offers from independent local businesses. Those businesses are solely responsible for their ads, offers, products, services and websites. CityPulse doesn't endorse or guarantee any advertiser, and an ad appearing on a Kiosk isn't a recommendation by CityPulse or the host venue.

Any offer is subject to the advertiser's own terms. Questions or complaints about an offer, product or service should go to the business that provides it.

6. QR codes and links to other websites

The Site and Kiosks may include links and QR codes that take you to websites run by others. We don't control those websites and aren't responsible for their content, availability, security or privacy practices. Your use of another website is governed by its own terms and policies.

7. Inquiries, quotes and agreements

Except for self-serve orders placed through the Site's checkout (see “Self-serve orders, billing and renewal” below), nothing on the Site is an offer to sell advertising or an agreement to install a Kiosk. Package pricing, placements, venues, markets and features described on the Site are subject to availability.

Advertising campaigns are governed by a separate written advertiser agreement or accepted quote. Kiosk hosting is governed by a separate signed Host Agreement. If anything on the Site conflicts with a signed agreement, the signed agreement controls.

Prices shown are in US dollars and exclude applicable taxes unless stated otherwise. We may change published prices at any time; changes don't affect an agreement you've already signed.

8. Self-serve orders, billing and renewal

What you're buying. A self-serve order buys an advertising placement in the kiosk ad space at one Kiosk location in the city you choose, on the plan you select: $399 per year, or $60 per month, plus any applicable taxes. The exact venue is confirmed with you by email before your ad goes live.

Payment. Payments are processed by Stripe. By completing checkout, you authorize us to charge your payment method for the plan you chose. Payment is due in advance, and no services start until your first payment has cleared.

Term and renewal. Your order has an initial term of three years. Yearly plans bill each year in advance, and monthly plans bill each month in advance, for the duration of the term. The term renews automatically for further three-year periods unless you cancel.

Screen time. Each yearly contract year includes 12 months of screen time. The 12 months start when your ad goes live, not on the date of payment.

Cancelling. You may cancel after the first year of the three-year term by emailing sales@citypulsekiosks.com. Cancelling stops future payments and takes effect at the end of the period you've already paid for. You can't cancel during the first year. Except as described below or required by law, payments are non-refundable and we don't give partial refunds for unused time.

Your ad and going live. We review every ad for quality, legibility and suitability for the host venue, and we may ask for changes before it runs. If you choose “Design it for me,” we'll send a proof for your approval. We'll email you the venue and go-live date once your ad is approved.

If we can't place your ad. If we're unable to place your ad at a suitable Kiosk in your chosen city within 30 days of your order, we'll offer you a nearby alternative, and you may instead cancel for a full refund.

9. Site tools and the drafts they create

The campaign planner, creative studio and pricing calculator run in your browser. They help you prepare a brief, a creative concept or a planning estimate, and don't submit anything to us on their own. Inquiry and contact forms deliver your message to us so we can reply. None of these tools reserves inventory, purchases advertising or creates an agreement — only a self-serve order or a signed agreement does.

Estimates from the pricing calculator are for planning only. Creative concepts downloaded from the creative studio are drafts for discussion; production artwork must meet the specifications for your confirmed placement and is subject to review.

10. Content you send us

If you send us ad copy, logos, images, URLs or other materials (“Your Content”), you confirm that you own it or have permission to use it, that it's accurate, and that it doesn't infringe anyone's rights or break any law. You give CityPulse a non-exclusive, royalty-free license to use, copy, adapt and display Your Content to respond to you, prepare proposals and, if you become an advertiser, to run your campaign as set out in your advertiser agreement.

We may decline or remove any ad or content that we or a host venue consider unsuitable for the setting, misleading, unlawful or inconsistent with our content standards.

11. Intellectual property

The Site, the Kiosk software and interface, and the CityPulse Kiosks name, logo and designs are owned by CityPulse or its licensors and are protected by intellectual property laws. You may view and print pages of the Site for your own reference. You may not copy, modify, distribute, sell or create derivative works from them without our written permission. Advertiser names, logos and trademarks belong to their respective owners.

12. Disclaimers

The Site and Kiosks are provided “as is” and “as available.” To the fullest extent permitted by law, CityPulse disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We don't promise that the Site or any Kiosk will be uninterrupted, error-free or free of harmful components, or that any campaign will produce a particular result.

13. Limitation of liability

To the fullest extent permitted by law, CityPulse and its owners, employees, host venues and partners won't be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from your use of, or inability to use, the Site, a Kiosk, any advertisement or any third-party website, even if we were told such damages were possible.

Our total liability for any claim relating to the Site or Kiosks is limited to one hundred US dollars (US$100). Liability under a signed advertiser agreement or Host Agreement is governed by that agreement. Some jurisdictions don't allow certain limitations, so parts of this section may not apply to you.

14. Indemnity

You agree to defend, indemnify and hold harmless CityPulse and its owners, employees, host venues and partners from any claims, losses and expenses (including reasonable attorneys' fees) arising from your misuse of the Site or a Kiosk, Your Content, or your breach of these Terms.

15. Governing law and disputes

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law rules. Any dispute arising from these Terms, the Site or a Kiosk will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to their jurisdiction. Before filing a claim, you agree to contact us and try to resolve the dispute informally for at least 30 days.

16. Changes to these terms

We may update these Terms from time to time. When we do, we'll change the effective date at the top of this page. Your continued use of the Site or Kiosks after an update means you accept the revised Terms.

17. General

If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce any part of these Terms isn't a waiver. You may not transfer your rights under these Terms; we may transfer ours, for example as part of a merger or sale of the business. These Terms, together with the Privacy Policy and any signed agreement with us, are the entire agreement about their subject.

18. Contact us

Questions about these Terms? Contact us at sales@citypulsekiosks.com, call 602-887-4058, or write to CityPulse Kiosks, 4750 S 44th Pl, Suite E20, Phoenix, AZ 85040.