Terms and Conditions
1. Introduction
soBrutal is a trading name of Swap the Prop LLC, which provides professional marketing evaluations focused on clarity, messaging, positioning, and commercial presentation. Services are provided strictly on a business to business basis and are intended only for commercial clients.
soBrutal is not a creative, design, or advertising agency. Services consist solely of evaluation, consulting, and professional opinion to assist clients in making commercially informed decisions.
By engaging with soBrutal, you agree to these Terms and Conditions in full, together with the Booking Policy applicable at the time of booking.
1A. Definitions
Client refers to the individual or organisation purchasing services from soBrutal.
Evaluation refers to any verbal or digital feedback, analysis, or opinion provided by soBrutal.
Services refers collectively to all evaluation, consulting, and related feedback activities.
Company refers to Swap the Prop LLC, trading as soBrutal, registered in the State of Florida, United States.
1B. Booking Policy Priority
Where session specific terms are published on the Booking Policy page, including scheduling, timing, attendance limits, rescheduling, cancellations, and refunds, those terms form part of these Terms and Conditions and shall apply.
2. Scope of Service
Evaluations may cover materials including emails, brochures, advertisements, websites, branding, funnels, messaging, positioning, and presentations.
Each evaluation delivers structured verbal feedback on clarity, communication strength, tone, and commercial presentation.
Services are not coaching, mentoring, training, or ongoing advisory support.
No guarantee is made as to sales, engagement, conversion, or commercial outcome. All feedback reflects professional opinion based on experience, behavioural insight, and real world commercial principles.
Services do not include written feedback, follow up reports, analytics, implementation support, or ongoing advisory services.
3. 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 during the session.
soBrutal will use reasonable efforts to deliver sessions at the scheduled time.
4. Client Responsibilities
Clients are responsible for providing relevant materials, confirming legal rights to use submitted content, attending sessions prepared, and ensuring reliable technology for participation.
Clients confirm they are purchasing services for business or professional use.
5. Fees, Payment, Chargebacks, and Refunds
All fees are displayed on the Prices and Booking page.
Payment is required in full prior to the delivery of any session.
Payment is required in full prior to any booking being confirmed. All sessions must be paid in advance by bank transfer to the Company’s designated account. 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.
soBrutal sells allocated professional time and independent commercial judgement.
Money Back Guarantee
If the client is not completely satisfied for any reason within the first 10 minutes of the live session, the client must clearly state this during the session. The session will immediately stop and the client will receive a full refund, no questions asked.
If the session continues beyond the first 10 minutes without the client requesting termination, the service shall be deemed delivered in full, accepted by the client, and no refund shall be due whatsoever.
By continuing beyond the first 10 minutes, the client confirms satisfaction with the session format, delivery, and value.
The guarantee applies only during the live session itself and cannot be invoked after the session has ended.
Refunds, rescheduling, and cancellations are governed solely by the Booking Policy in force at the time of booking.
The Booking Policy provides that cancellations made at least 72 hours, 3 days, before the scheduled session start time are fully refundable, and cancellations made within 72 hours of the scheduled session start time are not refundable.
Dissatisfaction with opinions, feedback, or outcomes does not entitle the client to a refund, credit, or reschedule.
Any attempt to initiate a chargeback or payment reversal outside the Booking Policy terms constitutes a breach of these Terms.
Liquidated Damages
If a client initiates a chargeback or payment reversal in breach of these Terms, the client agrees to pay liquidated damages of 2000 United States dollars, in addition to the service fee and any associated legal or collection costs.
This amount represents a reasonable pre estimate of loss and is not a penalty.
soBrutal reserves the right to recover fees, damages, and costs through arbitration as set out in Clause 19.
5A. Attendance, Scheduling, Recording, Conduct, and Technology
All scheduled session times are based on Eastern Time, United States, unless otherwise confirmed in writing.
Clients must attend sessions at the scheduled start time. Late arrival does not extend the session.
Attendance is limited to 1 named individual per session, identified in advance by full name and job title.
No additional participants may attend, observe, listen in, or join without prior written approval.
Failure to attend, late attendance, or unauthorised attendance is deemed delivered in accordance with the Booking Policy.
Clients are prohibited from recording sessions in any form.
Any unauthorised recording will result in immediate termination of the session and refusal of future services.
Respectful communication is required at all times. Aggressive, abusive, or inappropriate behaviour will result in termination without refund.
Clients are responsible for reliable internet, audio, video, and platform access. Disruptions caused by the client’s technology do not qualify for rescheduling or refund.
If a technical failure originates from soBrutal or the platform provider, rescheduling or refund will be handled in accordance with the Booking Policy.
5B. soBrutal Cancellation
If soBrutal is unable to deliver a scheduled session, reasonable efforts will be made to provide advance notice.
Where rescheduling is not possible, a full refund will be issued in accordance with the Booking Policy.
This refund is the client’s sole and exclusive remedy. No additional compensation or consequential loss is payable.
6. Notification of Issues and Disputes
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.
Clients are encouraged to raise concerns directly and promptly to allow good faith review.
7. Confidentiality
All session content, feedback, examples, and insight are confidential.
Clients may not disclose or share session content without written consent, except where required by law.
8. Public Statements and Reviews
Clients agree not to publish negative or critical public commentary without first following the notification process in Clause 6.
9. Non Disparagement
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.
10. Right to Refuse Work
soBrutal reserves the right, in its sole professional discretion, to refuse, decline, or discontinue any engagement at any time, including after reviewing client materials or learning more about the client’s business or intended use of the service.
soBrutal is not obligated to provide a reason for refusing or discontinuing an engagement.
Where services have not yet been delivered, refunds, where applicable, are governed by the Booking Policy.
11. Third Party Referrals and Independence
Any referrals are provided without endorsement or responsibility.
12. Intellectual Property
All evaluation content remains the intellectual property of soBrutal.
Clients receive a non exclusive licence for internal use only. Redistribution or resale is prohibited.
Evaluation methods, frameworks, language, and diagnostic approaches used during sessions remain proprietary to soBrutal.
13. Limitation of Liability and No Reliance
Liability is limited strictly to the total fee paid.
All evaluations are professional opinions. Clients remain fully responsible for decisions, actions, and implementation.
Services do not constitute legal, financial, investment, or regulatory advice.
14. Indemnity
Clients indemnify and hold harmless soBrutal against claims arising from implementation of advice or decisions.
15. Force Majeure
soBrutal is not liable for delays caused by events beyond reasonable control.
16. Independent Contractor Status
soBrutal operates as an independent contractor.
17. Taxes
Fees exclude applicable taxes.
18. Data Protection and Retention
Client materials are deleted within 90 days unless agreed otherwise.
19. Mediation, Arbitration, and Class Action Waiver
All disputes are resolved through mediation and binding arbitration in Miami Dade County, Florida.
20. Severability
If any provision is held unenforceable, the remaining provisions remain in full force and effect.
21. Entire Agreement
These Terms and the Booking Policy constitute the entire agreement between the parties.
22. Governing Law
These Terms are governed by Florida law, jurisdiction Miami Dade County.