Disclosure Facts Terms of Use
Last Updated: September 2, 2026
These Terms of Use ("Terms") apply to the website located at www.disclosurefacts.com and to all products, services, features, mobile applications, widgets, portals, labels, records, content, and related services where these Terms appear or are linked (collectively, the "Services"), which are owned and operated by Swaypay It, Inc. d/b/a Disclosure Facts ("Disclosure Facts," "we," "us," or "our").
The Services enable Advertisers, Endorsers, and Agencies to open, condition, complete, and record regulated endorsement transactions. Where a Transaction is completed through the Services, the Services generate and maintain a permanent record of that Transaction as described in Section 6 below.
For purposes of these Terms, "you" or "your" mean you individually or the entity on behalf of which you are accessing or using the Services. By accessing or using the Services, you agree to these Terms. If you do not agree, do not access or use the Services.
PLEASE NOTE THAT THESE TERMS CONTAIN A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT. FOR MORE INFORMATION, PLEASE SEE SECTION 20.
PLEASE ALSO NOTE THAT TRANSACTION RECORDS CREATED THROUGH THE SERVICES ARE PERMANENT. THEY CANNOT BE EDITED OR DELETED, INCLUDING BY YOU, AND THEY SURVIVE CLOSURE OF YOUR ACCOUNT. FOR MORE INFORMATION, PLEASE SEE SECTION 6.
THE SERVICES ARE CONTROLLED AND/OR OPERATED FROM THE UNITED STATES AND ARE INTENDED ONLY FOR INDIVIDUALS AND BUSINESSES RESIDING IN THE UNITED STATES. THE SERVICES ARE NOT INTENDED TO SUBJECT US TO NON-U.S. JURISDICTION OR LAWS. If you access or use the Services from outside of the United States, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations in your jurisdiction.
You acknowledge that personal information you provide through the Services shall be governed by our Privacy Policy, which is hereby incorporated and made part of these Terms.
1. Overview: What Disclosure Facts Is (and Isn't); No Legal Advice; No Guarantees
(a) What we do. Disclosure Facts operates transaction infrastructure for regulated endorsements. Through the Services, an Advertiser and an Endorser (and, where applicable, an Agency) may open a Transaction, agree to the Transaction Conditions that must be satisfied before payment is authorized, submit the Attestations and materials those conditions require, and complete the Transaction. Completion of a Transaction generates a Transaction Packet: a dated, structured record of what each party stated, selected, submitted, and approved, and when.
(b) The record is a byproduct of the transaction, not a separate service. The Universal Clickable Disclosure ("UCD"), the Disclosure Facts Profile ("DFP"), and the Disclosure Integrity Protocol ("DIP") are not standalone certifications. They are artifacts produced by, and referenced within, a Transaction. Their function is to record and surface what the parties did in the course of that Transaction.
(c) We record; we do not verify, certify, or opine. Disclosure Facts does not investigate, verify, validate, audit, certify, or render any opinion on the truth, accuracy, completeness, or legal sufficiency of any Attestation, credential, eligibility statement, approval, disclosure, or other information submitted by any party to a Transaction. Each party is solely responsible for the accuracy of what that party submits. A Transaction Packet is a record of what was represented and done. It is not a representation by Disclosure Facts that anything represented was true, adequate, or compliant.
(d) Evidentiary, not exculpatory. A Transaction Packet may assist you in demonstrating what occurred in connection with a Transaction and when. It does not establish that your conduct complied with any law, rule, guideline, platform policy, or contract, and it is not a defense to any claim. You acknowledge that no regulator, platform, court, arbitrator, or other body is bound by, or required to give any particular weight to, a Transaction Packet or any part of it.
(e) Not a law firm; no legal advice. Disclosure Facts is not a law firm and does not provide legal advice or legal representation. The Services are not a compliance product, a risk-transfer product, or insurance. Any guidance, templates, condition sets, or labels made available through the Services are informational and are intended to support your own decisions. You acknowledge and agree that: (i) you are solely responsible for your own legal compliance, including the adequacy and placement of disclosures under applicable laws, rules, and platform policies; (ii) no attorney-client relationship is created by your use of the Services; (iii) Disclosure Facts makes no warranty or representation as to the sufficiency or effectiveness of any disclosure and does not guarantee any outcome with any regulator, platform, court, or private party; (iv) Disclosure Facts does not guarantee that use of the Services will prevent any investigation, enforcement action, lawsuit, penalty, or dispute, or that any post will be found compliant by any regulator, platform, court, or other body; and (v) you may not rely on the Services as a substitute for independent legal counsel.
2. Eligibility and Authority
When you access and/or use the Services, you agree to be bound by these Terms and represent that you (a) are of the age of majority in your jurisdiction and (b) have the authority to bind yourself and/or the company you represent to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Services.
3. Accounts and Security
In order to access certain features of the Services, you may be required to register and create an account ("Account"). By creating an Account, you agree to: (a) provide accurate, current, and complete information about yourself and update it as necessary; (b) maintain the security and confidentiality of your Account, as you are responsible for all activity under your Account; and (c) immediately notify us at support@disclosurefacts.com of any unauthorized use of your Account or any other breach of Account security. We reserve the right, in our sole discretion, to accept or reject your registration to create an Account and/or to access the Services. Accounts may not be sold, assigned, or transferred.
You are responsible for all Attestations, approvals, and other actions taken under your Account, including by any person you authorize to act on your behalf. Because Transaction Records are permanent, actions taken under your Account cannot be withdrawn from the record after the fact; they can only be corrected by appended entry as described in Section 6(c).
4. Transactions, Conditions, and Payment Authorization
(a) Definitions. For purposes of these Terms:
- "Advertiser" means a brand, marketer, or other party that engages an Endorser to make or publish an endorsement.
- "Endorser" means a creator, spokesperson, customer, expert, or other party that makes or publishes an endorsement.
- "Agency" means a party acting on behalf of an Advertiser or Endorser in connection with a Transaction.
- "Transaction" means a regulated endorsement transaction opened through the Services between an Advertiser and an Endorser, and where applicable an Agency or other Transaction Participant.
- "Transaction Participant" means any party to, or authorized actor within, a Transaction.
- "Transaction Conditions" means the conditions the Transaction Participants agree must be satisfied before payment is authorized in respect of a Transaction.
- "Attestation" means a statement, selection, confirmation, or approval submitted by a Transaction Participant in the course of a Transaction.
- "Payment Authorization" means the event, recorded by the Services, at which the applicable Transaction Conditions have been marked satisfied and the Services permit or initiate submission of the applicable payment instruction to a Payment Provider for processing.
- "Transaction Packet" means the record set generated and maintained by the Services in respect of a Transaction, as described in Section 6.
(b) Conditions precede payment. Where the Transaction Participants configure Transaction Conditions, the Services are designed so that Payment Authorization does not occur until those conditions are marked satisfied by the responsible party. This sequencing is the operational basis on which the Transaction Packet is generated: the record is created in the ordinary course of completing the Transaction, at the time the Transaction occurs, and not assembled afterward.
(c) Conditions are set by the parties. Transaction Conditions are selected and agreed by the Transaction Participants. Disclosure Facts does not determine what conditions are appropriate for any Transaction, does not represent that any condition set is sufficient for any legal or regulatory purpose, and does not confirm that a condition marked satisfied was in fact satisfied. Marking a condition satisfied is an Attestation by the party who marked it.
(d) We are not a party to your underlying agreement. Disclosure Facts is not a party to, and does not broker, negotiate, guarantee, endorse, mediate, enforce, or monitor performance under, any endorsement, engagement, talent, or other agreement between Transaction Participants. Operating the Transaction infrastructure through which a payment is conditioned and submitted for processing does not make Disclosure Facts a party to that agreement, a guarantor of any obligation under it, or an agent or fiduciary of any Transaction Participant. All obligations under such agreements remain solely those of the Transaction Participants.
(e) No obligation to open or complete. Disclosure Facts may decline to open, may suspend, and may decline to complete any Transaction, in its discretion, including where required by applicable law or by a payment provider. Where a Transaction is not completed, any Transaction Packet or partial record generated in respect of it will reflect that fact.
5. Fees and Payment
(a) Plan fees. We may offer free and paid plans. Fees, if applicable, will be disclosed at checkout, in order forms, or in in-plan settings. Unless otherwise stated, fees are non-refundable and may be charged on a recurring basis until canceled in accordance with your plan terms.
(b) Sale Agreements. You and Disclosure Facts may have entered into one or more pre-existing written agreements related to your purchase of products and/or services from Disclosure Facts ("Sale Agreements"). TO THE EXTENT THAT YOU HAVE ONE OR MORE SALE AGREEMENTS, YOU AGREE TO ABIDE BY SUCH SALE AGREEMENTS WITH RESPECT TO THE PURCHASE OF PRODUCTS AND/OR SERVICES FROM DISCLOSURE FACTS, EVEN IF SUCH PRODUCTS AND/OR SERVICES ARE REFERENCED OR ADVERTISED ON THE SERVICES. IN THE EVENT OF A CONFLICT BETWEEN ANY SALE AGREEMENT AND THESE TERMS, THE SALE AGREEMENT SHALL GOVERN AND CONTROL.
(c) Transaction payments. Where a Transaction involves payment from an Advertiser to an Endorser or Agency, that payment is processed by Stripe or another third-party payment provider, bank, or regulated financial institution ("Payment Providers"), and not by Disclosure Facts. Your use of a Payment Provider is subject to that provider's own terms and privacy policy, which you may be required to accept separately. Disclosure Facts may transmit payment instructions and payment-related transaction data to the Payment Provider through the Services, and records Payment Authorization and payment-related information within the Transaction Packet, but Disclosure Facts does not take custody of transaction funds.
(d) No custody or escrow. Disclosure Facts does not receive or hold transaction funds for the benefit of Transaction Participants, maintain stored balances on their behalf, or operate an escrow account. Transaction funds move through accounts and payment rails operated by Payment Providers. Disclosure Facts may condition when a payment instruction is submitted based on the status of Transaction Conditions, but Disclosure Facts does not itself custody or settle the funds.
(e) No guarantee of payment. Disclosure Facts does not guarantee that any Advertiser will fund, or that any Endorser or Agency will receive, any payment in respect of a Transaction. Payment obligations arise under the agreement between the Transaction Participants, not under these Terms. Disclosure Facts is not responsible for any failed, returned, reversed, delayed, or disputed payment, and is not liable for any loss arising from one, except to the extent required by applicable law.
(f) Timing. Payment Authorization records that Transaction Conditions were marked satisfied. It does not guarantee that funds will settle on any particular date. Settlement timing is determined by the applicable Payment Provider.
6. Transaction Packets; Records and Integrity
(a) What a Transaction Packet contains. For each Transaction, the Services generate and maintain a Transaction Packet. Depending on the Transaction, a Transaction Packet may include the applicable UCD, references to the applicable DFP, DIP entries, Transaction Conditions and their status, Attestations, credential and eligibility information, approvals, payment-related records, timestamps, versioning information, and supporting artifacts.
(b) Contemporaneous creation. Transaction Packets are generated by the Services in the ordinary course of operating the Transaction, at or about the time of the events they record, from information submitted by the Transaction Participants. Entries are recorded as they occur.
(c) Integrity; append-only correction. Once recorded, an entry in a Transaction Packet is not editable or deletable by any Transaction Participant. Where a Transaction Participant believes an entry is inaccurate or incomplete, that party may submit a correction, which will be recorded as a new, separately timestamped entry that references the original. The original entry remains in the Transaction Packet. Nothing in these Terms grants any party the right to alter, backdate, suppress, or remove a recorded entry, and any attempt to do so is a material breach of these Terms.
(d) Permanence. Transaction Packets are permanent records. Disclosure Facts does not delete Transaction Packets or any entry within them, and does not delete them at the request of any Transaction Participant. A Transaction Packet is retained indefinitely and is not subject to any retention period after which it is discarded. Retention of Transaction Packets is not governed by the deletion provisions applicable to other User Content.
You acknowledge that by opening or participating in a Transaction you are creating a permanent record, and that you cannot subsequently cause that record to be removed. If you do not want a permanent record of a Transaction to exist, do not enter into the Transaction.
(e) Deletion only where legally compelled. Disclosure Facts will delete or redact a Transaction Record only where deletion or redaction is required by applicable law or by valid legal process. Where that occurs, Disclosure Facts will record the fact, date, and stated basis of the deletion or redaction within the affected Transaction Packet, so that the Transaction Packet reflects that a change was compelled rather than appearing never to have contained the information.
(f) Schema consistency. Transaction Records are recorded against a versioned schema. Each entry records the schema version under which it was created. Where Disclosure Facts changes the fields, definitions, or condition sets used in Transactions, prior entries are not restated, re-mapped, or reinterpreted under the new version; they remain readable under the version in effect when they were recorded. Disclosure Facts maintains the definitions associated with each schema version for as long as it maintains records created under that version.
(g) Visibility is not permanence. You may be able to change what information associated with a Transaction is displayed publicly, including through your DFP settings. Changing what is displayed does not change what was recorded. The underlying Transaction Record persists regardless of display settings, Account status, or subsequent configuration changes.
(h) Access and availability. Each Transaction Participant will have access to the Transaction Packets for the Transactions to which that party was a Participant, subject to role, permissions, and plan. Access to a Transaction Packet may be restricted where required by law, by legal process, or to protect the rights or safety of any person. Your access to a Transaction Packet is separate from the existence of the record; a Transaction Record persists whether or not you retain access to it.
(i) Disclosure of records. Disclosure Facts may disclose a Transaction Packet or any part of it to Transaction Participants, to service providers, and to regulators, courts, or other authorities where required by law or legal process or as otherwise described in the Privacy Policy. Certain elements of a Transaction Packet may be publicly visible where a Transaction Participant has configured them to be.
(j) No certification. For the avoidance of doubt, and notwithstanding anything in this Section: a Transaction Packet is a record of representations and events. It is not a certification, seal, approval, audit opinion, legal conclusion, or safe harbor, and Disclosure Facts makes no representation that the contents of any Transaction Packet are accurate or that the Transaction it records complied with any legal or regulatory requirement.
(k) Your responsibilities. You are responsible for the accuracy and completeness of every Attestation and item of information you submit. You will not submit any Attestation you know or reasonably should know to be false, misleading, or incomplete. Submitting a false Attestation is a material breach of these Terms and may result in immediate suspension or termination, and both the Attestation and any correction to it will remain recorded.
7. Aggregate and De-Identified Data
(a) Aggregate Data. Disclosure Facts may generate statistical, aggregated, and de-identified data derived from Transactions and Transaction Records, including data regarding the volume, frequency, composition, condition sets, completion rates, timing, and outcomes of Transactions across the Services ("Aggregate Data"). Aggregate Data does not identify, and is not reasonably capable of being used to identify, any Transaction Participant, individual, brand, or specific Transaction.
(b) Ownership and use. As between you and Disclosure Facts, Disclosure Facts owns all Aggregate Data. Disclosure Facts may use, reproduce, distribute, license, and commercialize Aggregate Data for any lawful business purpose, including to develop, publish, and license benchmarks, indices, standards, research, and risk and underwriting products, and to make Aggregate Data available to insurers, reinsurers, brokers, underwriters, rating organizations, researchers, and other third parties. This right survives termination of your Account and of these Terms.
(c) De-identification commitments. Disclosure Facts will take reasonable measures to ensure Aggregate Data cannot be associated with any individual or Transaction Participant, publicly commits to maintain and use Aggregate Data in de-identified form and not to attempt to re-identify it, and will contractually obligate any recipient of Aggregate Data to the same commitments. Disclosure Facts will not re-identify, and will not permit any third party to re-identify, Aggregate Data.
(d) Identified data requires separate authorization. Disclosure Facts will not disclose Transaction Records in identified or identifiable form to any insurer, reinsurer, broker, underwriter, rating organization, or data exchange except: (i) where you have given separate, specific, affirmative authorization for that disclosure, which you may withdraw prospectively; (ii) to a Transaction Participant's own insurer or broker at that Participant's direction and on that Participant's behalf; or (iii) where required by law or legal process. General acceptance of these Terms is not authorization under clause (i), and declining to give such authorization will not affect your access to the Services.
(e) No consumer data. Transaction Records concern the Transaction Participants and the obligations between them. They do not include personal information of consumers, purchasers, or audience members who are not Transaction Participants, and Aggregate Data is not derived from any such information.
(f) Notice. Disclosure Facts will describe its use of Aggregate Data in the Privacy Policy and will provide notice, consistent with applicable law, before materially expanding the categories of recipients to whom Aggregate Data is made available.
8. Service Modules and Core Features
Our modules operate within, and produce records of, Transactions.
Universal Clickable Disclosures ("UCD"). A UCD is a standardized, machine- and human-readable label generated in connection with a Transaction and designed to travel with the associated post or placement. A UCD may reference: (i) material connection type (e.g., paid sponsorship, gifted products, affiliate links or commissions); (ii) role or persona (e.g., creator, spokesperson, actual customer, domain expert); (iii) disclosure phrasing and visibility guidance; and (iv) post-specific identifiers that link to the associated Transaction Packet. A UCD is intended to be clearly visible and easily accessible near the advertising content and may be surfaced via short code, QR, pinned comment, link-in-bio, or platform-specific placement where available. You are solely responsible for implementing, positioning, and maintaining appropriate disclosures on each platform or medium, and for ensuring that any UCD you publish is complete and accurate. A UCD reflects what was recorded in the associated Transaction; it does not certify that the disclosure it references is adequate under any law or platform policy.
Disclosure Facts Profiles ("DFP"). DFPs are public or permissioned pages for Advertisers and Endorsers that consolidate Transaction history, policy Attestations, training status, and other transparency information. Visibility and data fields may vary by plan, role, and settings. You are responsible for the accuracy of information displayed on your profile and for any updates. Changing what your profile displays does not change what was recorded, as described in Section 6(g).
Disclosure Integrity Protocol ("DIP"). DIP entries are the timestamped records generated within a Transaction, including label versions, condition status, selections made, and links to live posts. DIP entries are recorded on an append-only basis as described in Section 6(c). DIP is not a legal opinion, audit, or certification.
Brand and Creator Portals. Advertisers may invite Endorsers to collaborate; Endorsers may manage invitations, campaigns, and label configurations. As set out in Section 4(d), Disclosure Facts is not a party to any agreement between Advertisers and Endorsers and does not broker, endorse, assume responsibility for, or guarantee deals or payments between them. All agreements and performance of obligations are the sole responsibility of the respective parties. Disclosure Facts does not mediate, enforce, or monitor compliance with any agreements entered into between Advertisers and Endorsers.
Third-Party Platforms and Integrations. The Services may provide links to third-party websites and resources that are not maintained by us ("Third-Party Websites"). We are not responsible for such Third-Party Websites, and we make no warranties or representations about the content therein. We recommend that you read the privacy policies and user agreements of the Third-Party Websites you visit. We are not and will not be responsible for: (i) the terms and conditions of any transaction between you and any such Third-Party Websites; (ii) any insufficiency of or problems with any such Third-Party Websites' background, insurance, credit, or licensing; (iii) the quality of products or services offered or advertised by Third-Party Websites; or (iv) any other legal liability arising out of or related to your transactions in connection with Third-Party Websites. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. IN THE EVENT YOU HAVE A DISPUTE WITH ANY THIRD-PARTY WEBSITES, YOU AGREE TO RELEASE US AND OUR AFFILIATES, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Additional Terms. Certain parts or features of the Services may be subject to additional terms and conditions that are not expressly stated in these Terms, such as areas of the Services where payments are collected from you (collectively, "Additional Terms"). You agree to comply with such Additional Terms that apply to your use of the applicable parts or features of the Services. In case any conflict exists between these Terms and Additional Terms, the Additional Terms will control.
9. Acceptable Use
You agree that you will not:
- use the Services to violate any applicable law, regulation, or right of any person;
- use the Services to "stalk," harass, abuse, defame, threaten, or defraud others;
- use the Services for the commission or encouragement of any illegal purpose or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property rights, data protection and privacy, and import or export control;
- submit any Attestation, credential, eligibility statement, or approval that you know or reasonably should know to be false, misleading, or incomplete;
- mark any Transaction Condition satisfied where you know or reasonably should know it has not been satisfied;
- alter, backdate, suppress, fabricate, or attempt to remove any entry in a Transaction Packet, or circumvent the append-only correction process;
- open, structure, or complete a Transaction for the purpose of generating a record of events that did not occur;
- publish, display, or reference a UCD, DFP, or Transaction Packet in a manner that misrepresents its scope, its contents, or what Disclosure Facts has or has not verified;
- represent to any third party that Disclosure Facts has certified, approved, audited, verified, or opined on any disclosure, Transaction, or party;
- remove, circumvent, disable, damage, or otherwise interfere with security-related parts or features of the Services;
- misuse, reverse engineer (except to the extent such restriction is prohibited by law), interfere with, damage, or disrupt the Services, or intentionally interfere with other users' enjoyment of the Services;
- use robots, scrapers, or similar tools to extract data except as expressly permitted in writing by Disclosure Facts;
- post, store, send, transmit, or disseminate any User Content (as defined in Section 10) that a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, or otherwise offensive or unlawful;
- post, store, send, transmit, or disseminate any User Content or other material that infringes the intellectual property rights of any third party;
- impersonate any person or entity or misrepresent your affiliation; and/or
- use the Services to build a competing product or to create deceptive or misleading disclosures.
Disclosure Facts reserves the right, in its sole discretion, to suspend or terminate your access to the Services and/or your Account at any time for any actual, suspected, or alleged violation of these Terms, including but not limited to the items enumerated in this Section 9. The list of prohibited conduct set forth in this Section is illustrative and not exhaustive. Suspension or termination does not delete or alter any Transaction Record created before it.
10. User Content and Data
(a) Your Content. You retain all rights to content you submit to or through the Services ("User Content"). You grant us a worldwide, non-exclusive, royalty-free, transferable license to host, store, reproduce, display, and create derivative works from User Content solely to provide and improve the Services, operate profiles, labels, and Transaction Packets, and as otherwise permitted by your Account settings.
(b) Transaction Records are permanent and are treated differently from other User Content. Attestations, Transaction Conditions and their status, approvals, payment-related records, DIP entries, and other content forming part of a Transaction Packet ("Transaction Records") are governed exclusively by Section 6 and are not subject to subsection (c) below. Neither you nor Disclosure Facts may delete or alter a recorded Transaction Record other than by appended correction as described in Section 6(c). Disclosure Facts does not delete Transaction Records, and will not do so at your request, at its own discretion, or upon termination of your Account.
(c) Other User Content. With respect to User Content that is not a Transaction Record, Disclosure Facts may preserve or delete such content at any time and for any purpose, and you are not guaranteed continued access to it.
(d) Disclosure. Disclosure Facts may disclose User Content, including Transaction Records, where it determines that: (i) disclosure is necessary to enforce these Terms, to respond to claims that any User Content violates the rights of third parties, or to protect the rights, property, or personal safety of Disclosure Facts, its users, or the public; or (ii) appropriate legal process requires disclosure.
(e) Searchability and public visibility. You authorize Disclosure Facts to include User Content in a searchable format that may be accessed by users of the Services and by Third-Party Websites. Disclosure Facts shall have no liability for User Content that is public and visible on the Services, Third-Party Websites, or search engines, including after such User Content ceases to be displayed by you or by Disclosure Facts. Nothing in this subsection authorizes deletion of a Transaction Record.
(f) Accuracy. You represent and warrant that all User Content you submit, including every Attestation, is accurate, truthful, and lawful, and that you have obtained all necessary rights, licenses, consents, and permissions to submit it. You are solely responsible for the accuracy, legality, and appropriateness of your User Content.
(g) Feedback. You agree that Disclosure Facts is free to use any ideas, concepts, or techniques that you send to Disclosure Facts through the Services (collectively, "Feedback") for any purpose, including developing and marketing efforts that incorporate such Feedback. By providing any Feedback, you grant Disclosure Facts and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Feedback for any purpose.