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soBrutal — LEGAL

Terms and Conditions

Effective: 2026. These Terms govern all services provided by soBrutal, a trading name of Swap the Prop LLC, registered in the State of Florida, United States. By engaging with soBrutal, you agree to these Terms in full.

Services are provided strictly on a business-to-business basis. No consumer rights protections apply. By booking, the client confirms they are purchasing services for business or professional purposes only.

CONTENTS

01

Introduction and Definitions

Client — the individual or organisation purchasing services from soBrutal.

Evaluation — any verbal feedback, analysis, or professional opinion provided by soBrutal during a live session.

Services — all evaluation, consulting, and related feedback activities collectively.

Company — Swap the Prop LLC, trading as soBrutal, registered in the State of Florida, United States.

Session — a single live, one-to-one marketing evaluation delivered verbally in real time.

BOOKING POLICY
The Booking Policy published at the time of booking forms part of these Terms and is incorporated by reference. In the event of conflict, these Terms shall prevail.

B2B ONLY
Services are provided strictly on a business-to-business basis. No consumer rights protections apply. By booking, the client confirms they are purchasing for business or professional purposes.

02

Scope of Service

soBrutal is not a creative, design, or advertising agency. Services consist solely of independent commercial evaluation, professional opinion, and verbal feedback.

  • Evaluations may cover emails, brochures, advertisements, websites, branding, funnels, messaging, positioning, and presentations.
  • Services are not coaching, mentoring, training, or ongoing advisory support of any kind.
  • No guarantee is made as to sales, engagement, conversion, or commercial outcome.
  • Services do not include written feedback, follow up reports, analytics, or implementation support.
03

Deliverables and Timing

Live sessions deliver verbal feedback only. All services are delivered live, verbally, and as a one and done session.

  • No written notes, summaries, reports, recordings, or follow up feedback are provided before or after the session.
  • The client is responsible for attending prepared and for making their own notes.
  • soBrutal will use reasonable efforts to deliver sessions at the scheduled time.
04

Client Responsibilities

  • Providing relevant materials in advance where required.
  • Confirming they hold all legal rights to any content submitted for evaluation.
  • Attending sessions prepared and on time.
  • Ensuring reliable technology, internet, audio, and video for participation.
  • Confirming they are purchasing services for business or professional use.
05

Fees, Payment, and Chargebacks

All fees are displayed on the Prices and Booking page. Payment is required in full before any session is confirmed. All payment methods displayed at the time of booking are accepted.

  • A booking is not confirmed and no session time is reserved until cleared funds have been received.
  • soBrutal does not extend credit and does not provisionally hold session times without payment.

CHARGEBACKS AND PAYMENT REVERSALS
Any attempt to initiate a chargeback or payment reversal outside the cancellation and refund terms constitutes a material breach of these Terms.

LIQUIDATED DAMAGES

$2,000 USD

Payable by any client who initiates a chargeback or payment reversal in breach of these Terms, in addition to the original service fee and any associated legal or collection costs. This represents a reasonable pre-estimate of loss and is not a penalty.

06

Money Back Guarantee

RISK FREE

First 10 minutes. Full refund. No questions asked.

If the client is not completely satisfied within the first 10 minutes, they must say so. The session stops immediately. A full refund is issued.

  • If the session continues beyond 10 minutes without the client requesting termination, the service is deemed delivered in full. No refund shall be due whatsoever.
  • The guarantee applies only during a live session. It cannot be invoked before, after, or in substitute for attendance.
  • The guarantee does not apply to clients who cancel, fail to attend, or whose session is terminated for conduct.
07

Attendance, No Shows, and Session Delivery

NO SHOW POLICY

A no show is treated as full delivery of the service. No refund is due. Any future session requires a new booking at the full current rate.

Failure to attend a scheduled session, for any reason whatsoever, constitutes full delivery of the service. The session fee is forfeited in full.

  • The session is deemed delivered from the scheduled start time regardless of whether the client attends.
  • No refund, credit, or rescheduling is available to a client who fails to attend.
  • Any future session requires a new booking at the full rate applicable at that time. No prior fee, credit, or payment is transferable.
  • Attendance is limited to one named individual per session, identified in advance. Unauthorised substitution constitutes a breach of these Terms.
  • Discovery of an unauthorised additional attendee results in immediate session termination with no refund.
08

Scheduling, Rescheduling, and Cancellations

All scheduled session times are based on Eastern Time, United States, unless otherwise confirmed in writing.

  • 72 hours or more before the session — fully refundable.
  • Within 72 hours of the session — not refundable and not reschedulable.
  • Any rescheduled session requires a new booking and full payment at the current rate. No credit or transfer of prior payment applies.
  • Late arrival does not extend the session. Time lost through late arrival is not recoverable or refundable.
09

Recording Prohibition

Recording of any session, in any format, by any means, is strictly prohibited without the prior written consent of soBrutal.

  • Unauthorised recording results in immediate session termination with no refund.
  • soBrutal reserves the right to seek injunctive relief, liquidated or actual damages, and full recovery of legal costs.
  • Discovery of unauthorised recording after the session may result in legal action without further notice.
10

Conduct

Respectful, professional communication is required at all times.

  • Aggressive, abusive, threatening, or inappropriate behaviour results in immediate session termination with no refund.
  • soBrutal reserves the right to refuse future bookings from any client terminated for conduct.
11

Notification of Issues

Any issue or concern relating to a session must be raised in writing within 24 hours of the session ending. Failure to notify within this period constitutes acceptance that the service was delivered in full, without issue.

12

Confidentiality

All session content, feedback, examples, and insight are strictly confidential. Clients may not disclose, reproduce, share, or publish session content without prior written consent from soBrutal, except where required by law.

13

Public Statements

Clients agree not to make false, misleading, or malicious statements about soBrutal, its staff, or its services in any public forum. This clause does not restrict lawful reporting to regulators or law enforcement.

14

Right to Refuse and Editorial Independence

RIGHT TO REFUSE

soBrutal reserves the absolute right to refuse, decline, or discontinue any engagement at any time, before or after booking, in its sole and final discretion. No reason will be given. No appeal is available. This decision is final.

EDITORIAL INDEPENDENCE
soBrutal may decline to evaluate any material it considers, in its sole judgement, to be political, ideological, harmful, misleading, or otherwise contrary to its professional standards. This includes but is not limited to political campaigns, advocacy materials, content

soBrutal considers ethically objectionable, or any work where soBrutal’s independence could be compromised.

soBrutal’s decision on what it will and will not evaluate is absolute and non-negotiable.

REFUNDS ON REFUSAL
Where soBrutal exercises its right to refuse before a session has been delivered, any refund due will be governed solely by the Booking Policy in force at the time of booking. Where a session has commenced and is discontinued by soBrutal under this clause, a pro-rata refund may be issued at soBrutal’s sole discretion.

15

Intellectual Property

All evaluation content, methods, frameworks, language, and diagnostic approaches remain the intellectual property of soBrutal.

  • Clients receive a non-exclusive, non-transferable licence to use feedback internally for their own business decision-making only.
  • Clients may not share, publish, attribute, redistribute, resell, or commercialise any part of the session content without prior written consent.
16

Independence and No Referrals

soBrutal operates as a fully independent commercial evaluator. No supplier referrals are made and no commercial relationships with third parties influence any evaluation or opinion.

17

Limitation of Liability

Liability is limited strictly to the total fee paid by the client for the relevant session.

  • All evaluations are professional opinions. Clients remain fully responsible for all decisions, actions, and implementation.
  • Services do not constitute legal, financial, investment, or regulatory advice.
  • soBrutal is not liable for any indirect, consequential, or economic loss arising from reliance on session content.
18

Indemnity

Clients indemnify and hold harmless soBrutal, its directors, employees, and agents against all claims, losses, costs, and liabilities arising from the client’s use or implementation of any advice, feedback, or opinion provided during a session.

19

Data Protection and Retention

Client materials are retained for a maximum of 90 days following the session and then deleted, unless otherwise agreed in writing. soBrutal’s Privacy Policy and Cookie Policy govern the collection, use, and storage of personal data and are incorporated into these Terms by reference.

20

Force Majeure

soBrutal is not liable for delays or failure to deliver caused by events beyond its reasonable control, including technical failures of third party platforms, natural events, or governmental action.

21

Independent Contractor Status

soBrutal operates as an independent contractor. Nothing in these Terms creates any employment, partnership, agency, or joint venture relationship between the parties.

22

Taxes

All fees quoted exclude applicable taxes. The client is responsible for any taxes applicable in their jurisdiction.

23

Mediation, Arbitration, and Class Action Waiver

All disputes arising from or relating to these Terms or any session shall be resolved exclusively through binding arbitration under the American Arbitration Association Commercial Arbitration Rules, seated in Miami-Dade County, Florida.

  • Each party shall bear its own legal costs unless the arbitrator determines otherwise.
  • The client irrevocably waives any right to participate in a class action, class arbitration, or representative proceeding against soBrutal.
  • Nothing in this clause prevents soBrutal from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.
24

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect.

25

Entire Agreement

These Terms and Conditions, together with the Booking Policy in force at the time of booking, constitute the entire agreement between the parties and supersede all prior representations, negotiations, or understandings, whether written or oral.

26

Governing Law

These Terms are governed exclusively by the laws of the State of Florida, United States. Jurisdiction is Miami-Dade County, Florida.

27

Contact

www.sobrutal.com

OPERATED BY

Swap the Prop LLC, trading as soBrutal

CONTACT

info@sobrutal.com