Terms and Conditions of Sale.

1. Scope of application & order process

These Terms and Conditions of Sale apply to all services offered by PUBLIAU LLC, including the creation, adaptation, editing, planning, scheduling, publishing and optimization of digital content intended for social media and other digital channels.

The services may be provided as a subscription, a one-off service or any other commercial offer proposed by PUBLIAU LLC.

Order steps: (1) selection of the offer → (2) order summary → (3) acceptance of these Terms and Conditions of Sale → (4) payment. Any order implies full and complete acceptance of these Terms and Conditions of Sale.

The services offered by PUBLIAU LLC are intended exclusively for professionals acting within the scope of their commercial, craft, independent or liberal professional activity, including shops, local businesses, independent professionals, service providers, establishments open to the public, individual entrepreneurs, micro-entrepreneurs and companies.

2. Products & services

PUBLIAU LLC may offer several types of services, including:

• digital content creation;
• video editing;
• creation of short videos for social media;
• creation of ready-to-publish posts;
• writing captions, hooks, marketing texts and descriptions;
• adaptation of content to different publishing formats;
• content planning or scheduling;
• publishing content on the client’s accounts when this service is included in the subscribed offer;
• optimization of profiles and digital presence;
• any service described on the relevant sales page.

Each offer is described on its dedicated sales page. The exact scope, price, deliverables, limits, indicative deadlines and included services are those indicated on the page of the relevant offer at the time of purchase.

Some offers may only include the creation of ready-to-publish content. Other offers may include scheduling or publishing content on the client’s accounts. The exact details of the services included depend exclusively on the subscribed offer.

3. Prices & payment

Prices vary depending on the offer chosen and are indicated on the relevant sales page before payment. Some offers may be paid in one installment, while others may take the form of a monthly subscription.

All prices are indicated before validation of the order. Unless otherwise stated, payment is made via Stripe by bank card or any other authorized payment method.

In the case of a monthly subscription, the client is automatically charged on each renewal date until cancellation. The client is responsible for ensuring the validity of their payment method.

4. Access, delivery & subscriptions

The services are delivered digitally. No physical delivery is provided.

Depending on the subscribed offer, delivery may take the form of videos, visuals, captions, files, links, shared folders, messages, ready-to-publish content, scheduled content, published content or any other digital format agreed between the parties.

Subscriptions renew monthly until cancelled by the client through the means made available by PUBLIAU LLC, Notably via the STRIPE CUSTOMER PORTAL or by written request to info@publiau.com.

Cancellation ends future renewals but does not automatically result in a refund for the current billing period. Unless otherwise stated, the service remains active until the end of the paid period.

Any delay by the client in sending the elements required for the service may delay delivery without engaging the liability of PUBLIAU LLC.

5. Publishing on the client’s accounts

When the subscribed offer includes scheduling or publishing content on the client’s accounts, the client may be required to provide PUBLIAU LLC with the access necessary to perform the service.

The client remains the sole owner of and responsible for their accounts, pages, profiles, advertising spaces, login credentials, passwords and access methods.

PUBLIAU LLC acts exclusively within the scope of the subscribed service and according to the elements provided or validated by the client.

PUBLIAU LLC reserves the right to refuse to create, schedule or publish any content that is unlawful, misleading, defamatory, discriminatory, infringes third-party rights, or may harm its professional image.

6. Right of withdrawal & refunds

As the services offered by PUBLIAU LLC are intended exclusively for professionals, the provisions of consumer law relating to consumers’ right of withdrawal do not apply.

Unless expressly stated otherwise on the relevant sales page or agreed in writing by PUBLIAU LLC, sums paid for a professional service or subscription are non-refundable.

No automatic refund is due once the service has begun, the content has been created, the files have been delivered, the service period has started, or the content has been scheduled or published.

Any commercial gesture, partial refund or exceptional arrangement remains at the sole discretion of PUBLIAU LLC.

7. Client obligations

The client undertakes to provide accurate information, respond within reasonable timeframes, and transmit the content, photos, videos, logos, texts, news, access details or information necessary for the proper performance of the service.

The client guarantees that they hold all rights, authorizations and licenses required for the photos, videos, logos, texts, musical references, brand elements, graphic elements or any other material transmitted to PUBLIAU LLC.

The client guarantees that the elements transmitted do not infringe the rights of any third party, including copyright, trademark rights, image rights, music rights, intellectual property rights or personality rights.

Any delay, lack of response, missing content, unusable content or late transmission may result in a delay or inability to perform the service, without automatic refund.

8. Personal data

Personal data is processed in accordance with the Privacy Policy of PUBLIAU LLC.

The data collected may notably be used to manage the order, perform the service, communicate with the client, issue invoices, ensure client follow-up and comply with applicable legal obligations.

9. Intellectual property

All website content, texts, methods, processes, templates, tools, structures, resources, internal creations and elements developed by PUBLIAU LLC remain the exclusive property of PUBLIAU LLC, unless otherwise stated in writing.

The content delivered to the client as part of the service may be used by the client for their own professional communication, including on social media, their website or their digital channels, unless otherwise specified in the offer.

The client remains responsible for the legality and ownership of the content they transmit to PUBLIAU LLC.

PUBLIAU LLC may not be held liable for any claim relating to intellectual property, image rights, music rights, trademark rights or third-party rights concerning elements provided by the client.

Any reproduction, resale, sharing, copying or redistribution of the methods, templates, tools, texts, internal systems or private resources of PUBLIAU LLC without prior written agreement is strictly prohibited.

10. Liability & no guarantee of results

PUBLIAU LLC provides services for the creation, adaptation, scheduling, publishing and optimization of digital content. However, no result is guaranteed.

PUBLIAU LLC notably does not guarantee any commercial, financial, advertising, visibility, audience, engagement, customer acquisition, sales, revenue or platform ranking result.

The client acknowledges that content performance depends on many factors beyond the control of PUBLIAU LLC, including the quality of the client’s offer, their market, competition, platform algorithms, publication regularity, the company’s reputation, any advertising budget used and user behavior.

When PUBLIAU LLC schedules or publishes content on the client’s accounts, PUBLIAU LLC shall not be held liable for account suspension, account blocking, loss of access, restrictions imposed by a platform, algorithm changes or any decision taken by a third-party platform.

No clause herein limits any mandatory provisions that may apply under the law.

11. Corrections, modifications & service limits

Some offers may include corrections or modifications. The number and scope of the corrections included are those indicated on the page of the relevant offer.

Unless otherwise stated, a light correction means a minor adjustment: text, timing, simple cut, caption, visual detail or small presentation change.

Unless otherwise stated on the relevant sales page, the following are not included:

• community management;
• replies to comments;
• replies to private messages;
• moderation;
• advertising management;
• Meta Ads, Google Ads, TikTok Ads or any other advertising platform;
• on-site filming;
• photo shoots;
• website creation;
• complete visual identity redesign;
• advanced graphic design services;
• complete new creative directions;
• any service not expressly mentioned in the subscribed offer.

The exact details of the included services are specified on the sales page of the relevant offer.

12. Fraud prevention, payment failure & termination

In the event of non-payment, payment failure, fraudulent use, misuse of the service, abusive behavior, unauthorized sharing of resources, failure to transmit the necessary elements or non-compliance with these Terms and Conditions of Sale, PUBLIAU LLC reserves the right to suspend or terminate access to content and services, without refund.

13. Dispute resolution

In the event of a dispute, the client is invited to contact info@publiau.com first so that an amicable solution may be sought.

PUBLIAU LLC will endeavor to resolve any dispute in good faith and as quickly as possible.

The services offered by PUBLIAU LLC are intended exclusively for professionals acting within the scope of their commercial, craft, independent or liberal professional activity.

The provisions relating to consumer mediation therefore do not apply to the services provided by PUBLIAU LLC.

Failing an amicable agreement, any dispute shall be governed by the law of the State of New Mexico, USA, and fall under the exclusive jurisdiction of the courts of Albuquerque, New Mexico, unless otherwise required by mandatory applicable provisions.

14. Applicable law

These Terms and Conditions of Sale are governed by the law of the State of New Mexico, USA.

15. Changes to the Terms and Conditions of Sale

PUBLIAU LLC may update these Terms and Conditions of Sale at any time. The applicable Terms and Conditions of Sale are those accepted by the client at the time of purchase.

In the case of ongoing subscriptions, clients may be informed of substantial changes by email or via their client area.

16. Language

In the event of any discrepancy or difficulty of interpretation, the French version shall prevail.