Terms of Service

Welcome to SweatyOutreach. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and KAPION d.o.o., a company registered in Slovenia (registration number 1683438000, VAT ID SI32880227), operating under the brand name SweatyOutreach ("Company," "we," "us," or "our"). Our registered address is Kocljeva ulica 16, 9000 Murska Sobota, Slovenia. By accessing our website at sweatyoutreach.com, contacting us via email, or engaging our services in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, do not use our website or engage our services.

We may update these Terms from time to time. When we make material changes, we will update the "Effective Date" at the top of this page. Your continued use of our website or services after any changes constitutes acceptance of the updated Terms.

• "Company" means KAPION d.o.o., a company registered in Slovenia, operating under the brand name SweatyOutreach.
• "Services" means the physical marketing services provided by SweatyOutreach, including but not limited to door knocking, flyer distribution, door hanger placement, yard sign installation, sidewalk chalk campaigns, direct mail postcards, and event tabling and sponsorships.
• "Project" means a specific engagement between SweatyOutreach and the Client with a defined scope, deliverables, timeline, and pricing as outlined in a project proposal or agreement.
• "Client" means any individual or business entity that engages SweatyOutreach for Services or uses the SweatyOutreach website.
• "Local Partners" means the independent third-party contractors, crews, artists, print shops, sign makers, street teams, event planners, and other service providers that perform physical work on behalf of SweatyOutreach.
• "Campaign Materials" means flyers, door hangers, postcards, chalk designs, yard signs, and other physical or digital materials created for a Project.
• "Client Materials" means logos, brand assets, copy, images, trademarks, and other content provided by the Client for use in a Project.

SweatyOutreach is a physical marketing agency that plans, coordinates, and manages real-world outreach campaigns. We connect businesses with trusted Local Partners who execute ground-level marketing activities in targeted geographic areas.

Our Services are performed by Local Partners coordinated and managed by SweatyOutreach. We are not a software platform, do not provide user accounts, and do not process payments through the website. All service engagements begin via email consultation and are governed by individual project agreements in addition to these Terms.

The SweatyOutreach website serves informational and marketing purposes only. It describes our Services, shares case studies, and provides a means to contact us.

To engage our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater
• Have the legal authority to enter into binding agreements on behalf of yourself or the business entity you represent
• Provide accurate and complete information during the consultation process
• Not engage our Services for any illegal, fraudulent, or deceptive purposes

All Projects begin with an email consultation. During this process, we discuss your geographic area, business goals, target audience, and preferred outreach methods. Based on this consultation, we provide a custom project proposal outlining the scope, deliverables, timeline, and pricing.

These Terms govern the general relationship between you and SweatyOutreach. Individual project proposals or agreements may contain additional terms specific to that engagement. In the event of a conflict between these Terms and a project agreement, the project agreement takes precedence for matters related to that specific Project.

SweatyOutreach reserves the right to decline any Project at its sole discretion, including but not limited to situations where we lack Local Partner coverage in the requested area, the requested services conflict with local regulations, or the Project involves content or industries we choose not to support.

Availability is limited. We currently accept a limited number of new Projects per month to ensure quality execution.

All pricing is custom and project-based. There are no subscription fees, recurring charges, or auto-renewal billing. The specific payment terms for each Project, including total cost, payment schedule, and accepted payment methods, are outlined in the project proposal or agreement.

• Deposits: We may require a deposit before work begins, as specified in your project agreement.
• Payment schedule: Payments are due according to the timeline specified in your project agreement. Unless otherwise stated, invoices are due within 14 days of issuance.
• Late payments: Overdue balances may accrue interest at a rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. We reserve the right to suspend or terminate Services for accounts with outstanding balances exceeding 30 days past due.
• Taxes: All quoted prices exclude applicable taxes. KAPION d.o.o. is a VAT-registered entity (VAT ID SI32880227). For EU-based Clients, VAT will be applied in accordance with applicable EU VAT rules. The Client is responsible for all sales, use, VAT, or other taxes arising from the Services, except for taxes based solely on the Company's income.
• Refunds: Given the nature of physical marketing services, refunds are handled on a case-by-case basis as outlined in individual project agreements. Work completed prior to any cancellation or termination is billable in full.

As a Client, you agree to:

• Provide accurate and complete business information, brand assets, and marketing materials in a timely manner
• Ensure that all Client Materials provided to SweatyOutreach do not infringe upon any third-party intellectual property rights, violate any laws, or contain false, misleading, or deceptive claims
• Respond to communications within reasonable timeframes to avoid project delays. Unresponsiveness exceeding 14 days may result in project suspension or termination
• Comply with all applicable laws and regulations regarding the products or services being marketed through our campaigns
• Not request Services for illegal, deceptive, discriminatory, or harmful purposes
• Obtain and maintain any necessary licenses, permits, or authorizations for the products or services being advertised
• Not use the SweatyOutreach website to distribute malware, conduct spam, or engage in any activity that disrupts or interferes with our operations

Client Materials. You retain full ownership of all Client Materials provided to SweatyOutreach. By providing Client Materials, you grant us a limited, non-exclusive, non-transferable license to use, reproduce, and display those materials solely for the purpose of executing your Project.

SweatyOutreach Property. SweatyOutreach retains all right, title, and interest in its proprietary methodologies, processes, templates, strategies, website content, design, code, and branding. Nothing in these Terms transfers ownership of SweatyOutreach intellectual property to the Client.

Campaign Materials. Unless otherwise specified in a project agreement, upon full payment the Client is granted a perpetual, exclusive, royalty-free license to use, reproduce, and display custom Campaign Materials designed specifically for their Project (such as custom flyer designs, chalk artwork concepts, or postcard layouts). SweatyOutreach retains the underlying intellectual property rights in all Campaign Materials. Generic templates, frameworks, and reusable elements remain the sole property of SweatyOutreach.

Portfolio and Case Studies. SweatyOutreach may use anonymized project results, general campaign descriptions, and non-identifying performance metrics for marketing purposes, including portfolio presentations and case studies. We will not use your business name, logo, or identifying details without your prior written consent.

Both parties agree to treat as confidential any non-public information disclosed during the course of the engagement, including but not limited to business strategies, customer lists, pricing details, campaign specifics, and trade secrets ("Confidential Information").

Each party agrees to protect the other's Confidential Information with at least the same degree of care it uses to protect its own confidential information, and in no event less than reasonable care. Neither party will disclose the other's Confidential Information to third parties except as necessary to perform the Services (for example, sharing relevant details with Local Partners executing your campaign).

These confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was already known to the receiving party prior to disclosure
• Is independently developed without use of the disclosing party's Confidential Information
• Is received from a third party without restriction and without breach of any obligation
• Is required to be disclosed by law, regulation, or court order, provided the disclosing party is given prompt notice and reasonable assistance to seek a protective order

Confidentiality obligations survive the termination of any Project or these Terms for a period of three (3) years.

SweatyOutreach coordinates with independent Local Partners to execute the physical components of our Services. These Local Partners are independent contractors, not employees or agents of SweatyOutreach.

We carefully vet our Local Partners and maintain quality standards for their work. However, SweatyOutreach does not control the day-to-day activities of Local Partners beyond the scope of the Project. We are not liable for any independent actions taken by Local Partners outside the scope of a Project or in violation of their agreements with us.

The Client acknowledges that physical marketing services inherently involve third-party execution and that minor variations in execution from the original plan may occur. SweatyOutreach will make commercially reasonable efforts to ensure work is performed according to the agreed specifications.

Any concerns regarding Local Partner performance should be directed to SweatyOutreach. We will investigate reported concerns and communicate findings to the Client.

Due to the real-world nature of our Services, the following factors may affect execution, timing, and results:

• Weather and environmental conditions: Services such as sidewalk chalk, flyer distribution, door knocking, and yard sign installation may be delayed or affected by inclement weather, extreme temperatures, or other environmental factors.
• Permits and local regulations: The Client is responsible for ensuring that the marketing activities requested comply with all applicable local laws, ordinances, and permit requirements. SweatyOutreach will notify the Client if it becomes aware of permit issues or regulatory restrictions affecting a Project and, where feasible, propose alternative approaches. However, we cannot guarantee permit approval, and regulations may change during the course of a Project.
• Material durability: Physical Campaign Materials such as sidewalk chalk, flyers, and yard signs are subject to natural wear, weather damage, and removal by property owners, municipal authorities, or third parties. SweatyOutreach is not responsible for the lifespan of Campaign Materials after placement.
• Timelines: All project timelines are estimates and may be affected by factors beyond our reasonable control, including weather, partner availability, permit processing times, and unforeseen local conditions.
• Third-party property: Local Partners are instructed not to place Campaign Materials on private property without authorization or in violation of local ordinances. SweatyOutreach is not liable for unauthorized placements made by Local Partners. We are not responsible for materials placed on public spaces that are subsequently removed by authorities.

The conversion rates, statistics, and performance metrics referenced on the SweatyOutreach website (including the referenced 5% success rate for physical outreach) represent industry averages and historical data. They are not guarantees of specific results for any individual Project.

Actual results vary significantly based on numerous factors including but not limited to geographic location, local market conditions, industry, target audience, campaign design, timing, competition, the Client's product or service offering, and overall economic conditions.

SweatyOutreach does not guarantee any specific number of leads, conversions, sales, revenue, or return on investment. Past performance, case studies, and testimonials (including the Nick Huber / Storage Squad story) are illustrative examples and do not constitute promises or predictions of future results. Nick Huber and Storage Squad are not affiliated with SweatyOutreach.

Website analytics: The SweatyOutreach website uses Vercel Analytics and Vercel Speed Insights to collect anonymized usage data such as page views, referral sources, and performance metrics. No personal accounts are created, and no personally identifiable information is collected through the website beyond what you voluntarily provide via email.

Client project data: Business information, brand assets, and campaign details provided during the consultation and project process are used solely for planning and executing your Project. We do not sell, rent, or share your data with third parties except as necessary for project execution (for example, sharing delivery addresses or campaign details with Local Partners performing the work).

Email communications: When you contact us via email, we store your correspondence for the purpose of responding to your inquiry and managing ongoing projects. We do not add you to marketing email lists without your explicit consent.

Data retention: We retain project-related data for 3 years after project completion for record-keeping. Billing records (invoices and payment records) are retained for 7 years to comply with tax and financial reporting obligations. Where required by applicable law (such as the GDPR for EU residents), you may request deletion of your personal data by contacting us at the email address provided in the Contact section below. Business and financial records required for tax, legal, or regulatory compliance are excluded from deletion requests.

For full details on how we handle your information, see our Privacy Policy.

SweatyOutreach warrants that it will perform Services in a professional and workmanlike manner consistent with generally accepted industry standards. Beyond this express warranty:

THE SERVICES AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWEATYOUTREACH DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SWEATYOUTREACH DOES NOT WARRANT THAT THE SERVICES WILL ACHIEVE ANY PARTICULAR RESULTS, THAT CAMPAIGN MATERIALS WILL REMAIN IN PLACE FOR ANY SPECIFIC DURATION, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAPION D.O.O. (OPERATING AS SWEATYOUTREACH), ITS OWNERS, EMPLOYEES, AGENTS, OR LOCAL PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF SWEATYOUTREACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SWEATYOUTREACH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR ANY PROJECT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO SWEATYOUTREACH FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.

These limitations do not apply to liability arising from gross negligence or willful misconduct by SweatyOutreach, or to any liability that cannot be excluded or limited under applicable law.

You agree to indemnify, defend, and hold harmless SweatyOutreach, its owners, employees, agents, and Local Partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Client Materials that infringe upon any third-party intellectual property rights or violate any applicable law
• The products, services, or business practices of the Client that are the subject of the marketing campaign
• Your breach of any provision of these Terms
• Your violation of any applicable law, regulation, or ordinance
• Any misrepresentation made by you regarding your business, products, or services

SweatyOutreach will provide prompt written notice of any claim and cooperate reasonably in the defense of such claim.

Either party may terminate a Project engagement with written notice as specified in the applicable project agreement. In the absence of specific termination provisions in a project agreement:

• Either party may terminate for cause if the other party materially breaches these Terms and fails to cure such breach within fifteen (15) days of receiving written notice
• SweatyOutreach may terminate or suspend Services immediately upon non-payment exceeding 30 days past due
• SweatyOutreach may terminate if the Client violates these Terms in a manner that poses legal or reputational risk

Upon termination:

• All work completed prior to the termination date is billable in full, and any outstanding invoices become immediately due
• Campaign Materials already produced or distributed cannot be recalled or reversed
• Both parties retain rights and obligations under the Confidentiality, Intellectual Property, Limitation of Liability, and Indemnification sections, which survive termination
• Provided that all outstanding invoices have been paid in full, SweatyOutreach will make commercially reasonable efforts to deliver any completed but undelivered Campaign Materials to the Client

Services are currently available in select areas within the United States. Coverage depends on the availability of vetted Local Partners in the requested geographic area.

SweatyOutreach will confirm service availability during the consultation process. If we do not currently have coverage in your area, we will be transparent about this.

Service coverage may expand or contract at any time without prior notice. We are not obligated to accept Projects in any specific geographic area.

These Terms are governed by and construed in accordance with the laws of the Republic of Slovenia, without regard to its conflict of laws provisions. Where the Client is a consumer within the European Union, mandatory consumer protection laws of their country of residence shall also apply to the extent they provide greater protection.

In the event of any dispute arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the matter through good-faith negotiation for a period of thirty (30) days. If the dispute remains unresolved, it shall be submitted to the exclusive jurisdiction of the competent courts in Murska Sobota, Slovenia.

For EU-based Clients, the European Commission provides an Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights or Confidential Information.

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from events beyond its reasonable control, including but not limited to natural disasters, severe weather events, pandemics, government actions or restrictions, civil unrest, labor disputes, supply chain disruptions, power outages, or acts of terrorism ("Force Majeure Event").

The affected party shall provide prompt notice to the other party describing the Force Majeure Event and its expected impact on the Project. The affected party shall use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

If a Force Majeure Event prevents performance for more than sixty (60) consecutive days, either party may terminate the affected Project upon written notice, with payment due only for Services satisfactorily completed prior to the Force Majeure Event.

Amendments. SweatyOutreach may update these Terms at any time by posting the revised version on the website with an updated Effective Date. Your continued use of our website or Services after any modification constitutes acceptance of the updated Terms.

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement. These Terms, together with any applicable project agreements, constitute the entire agreement between you and SweatyOutreach regarding the subject matter herein and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

Assignment. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of SweatyOutreach. SweatyOutreach may assign these Terms freely in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

Waiver. The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that party's right to enforce that provision or any other provision in the future.

Notices. All notices under these Terms shall be in writing and delivered via email. Notices to SweatyOutreach should be sent to the email address listed in the Contact section below. Notices to the Client will be sent to the email address provided during the consultation or project engagement.

If you have any questions about these Terms of Service, please contact us at:

KAPION d.o.o.
Kocljeva ulica 16, 9000 Murska Sobota, Slovenia
Registration number: 1683438000
VAT ID: SI32880227
Email: rok@kapion.eu