Terms of Service

Last updated: August 6, 2026

These Terms of Service (“Terms”) govern your access to and use of Publyxa (the “Service”), operated by Desktop Performance LLC (“Company,” “we,” “us,” or “our”). By creating an account or using the Service, you agree to these Terms and our Privacy Policy.

1. Eligibility

You must be at least 16 years old (or the age of digital consent in your jurisdiction) and able to form a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. The Service

Publyxa is a software platform that helps users create, schedule, publish, and manage social media content, including through AI-assisted features and connections to third-party social platforms. We may modify, suspend, or discontinue features at any time, with or without notice, where commercially reasonable.

3. Accounts and Security

• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activity under your account.
• You must provide accurate registration information and keep it updated.
• Notify us promptly at legal@publur.com if you suspect unauthorized access.
• We may suspend or terminate accounts that violate these Terms or pose security risks.

4. Subscriptions, Fees, and Billing

• Paid plans are billed in advance according to the plan you select.
• Fees are non-refundable except where required by law or expressly stated otherwise.
• Taxes may apply based on your location.
• Failure to pay may result in suspension or cancellation of access.
• We may change pricing with reasonable notice for renewals; continued use after the effective date constitutes acceptance.

5. Acceptable Use

You agree not to:

• Violate any law, regulation, or third-party rights (including intellectual property and privacy rights).
• Upload or publish unlawful, harmful, deceptive, harassing, defamatory, or fraudulent content.
• Spam, scrape, reverse engineer, or interfere with the Service or its infrastructure.
• Attempt to gain unauthorized access to systems, accounts, or data.
• Use the Service to distribute malware or conduct security attacks.
• Misrepresent your identity or affiliation.
• Use the Service in a way that violates the terms of connected social platforms.
• Resell, sublicense, or provide the Service to third parties except as expressly permitted.

6. Your Content

You retain ownership of content you submit to the Service (“User Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and otherwise use User Content solely as needed to operate and improve the Service and to perform actions you request (including publishing to connected platforms).

You represent that you have all rights necessary to submit User Content and to grant the licenses above, and that User Content does not infringe third-party rights.

We may remove User Content that violates these Terms or applicable law, or that creates risk for the Company, users, or third parties.

7. Third-Party Platforms and Integrations

The Service relies on third-party APIs and platforms. Those platforms may change, limit, or revoke access at any time. We are not responsible for outages, policy changes, account restrictions, or data practices of third parties. Your use of connected platforms remains subject to their terms and policies.

8. AI Features

Some features may use artificial intelligence to generate or suggest content. AI outputs may be inaccurate, incomplete, or inappropriate. You are solely responsible for reviewing and approving any AI-assisted content before publishing. Do not rely on AI features for legal, medical, financial, or other professional advice.

9. Intellectual Property

The Service, including software, design, trademarks, and documentation, is owned by Desktop Performance LLC or its licensors. Except for the limited right to use the Service under these Terms, no rights are granted. “Publyxa” and related marks are trademarks of the Company.

10. Feedback

If you provide feedback or suggestions, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use them without compensation or attribution.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT CONTENT WILL BE PRESERVED WITHOUT LOSS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESKTOP PERFORMANCE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (OR ONE HUNDRED U.S. DOLLARS IF YOU HAVE NOT PAID ANY FEES).

13. Indemnification

You agree to indemnify and hold harmless Desktop Performance LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your User Content, your use of the Service, your connected accounts, or your violation of these Terms or applicable law.

14. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate access immediately if you breach these Terms, if required by law, or if continued provision creates risk. Upon termination, your right to use the Service ceases. Sections that by nature should survive (including ownership, disclaimers, limitations, and indemnity) will survive termination.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of New Mexico, USA, without regard to conflict of law principles. Exclusive venue for disputes will be the state or federal courts located in Bernalillo County, New Mexico, unless applicable law requires otherwise. You and the Company waive any objection to venue in those courts.

16. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the “Last updated” date. Material changes may be communicated by email or in-product notice. Continued use after the effective date constitutes acceptance of the revised Terms.

17. Miscellaneous

• If any provision is unenforceable, the remaining provisions remain in effect.
• Failure to enforce a provision is not a waiver.
• These Terms are the entire agreement between you and us regarding the Service.
• You may not assign these Terms without our consent; we may assign them in connection with a corporate transaction.

18. Contact

Desktop Performance LLC
1209 Mountain Rd Pl NE STE R
Albuquerque, NM 87110, USA
Email: legal@publur.com
EIN: 39-3443512