Disclosure Facts Terms of Service

Last updated: October 6, 2025

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These Terms of Use (“Terms”) are a legally binding agreement between you and Swaypay It, Inc. d/b/a Disclosure Facts (“Disclosure Facts,” “we,” “us,” or “our”) that governs your access to and use of our website at https://www.disclosurefacts.com (the “Site”) and our products, apps, widgets, labels, portals, and related services (collectively, 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.

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1) Overview: What Disclosure Facts Is (and isn’t)

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What we do. Disclosure Facts provides a neutral, standardized way to make creator advertising disclosures clear, clickable, and consistently accessible. Our system includes: (i) a Universal Clickable Disclosures label (“UCD”); (ii) Disclosure Facts Profiles for brands and creators (“DFP”); and (iii) a Disclosure Integrity Protocol (“DIP”) that records time‑stamped logs and settings to support transparency and accountability. Together, these modules help audiences see material connections quickly and help brands/creators centralize their disclosure practices.

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What we don’t do. We are not a law firm and do not provide legal advice. The Services are not a behavioral‑compliance or risk‑transfer product and do not guarantee any outcome with regulators, platforms, courts, or private parties. You are responsible for your own legal compliance and disclosures under applicable laws and platform rules.

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2) Eligibility and Authority

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You must be at least the age of majority in your jurisdiction (and in all cases no younger than 18) and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an entity, you represent that you are authorized to bind that entity, and “you” refers to that entity.

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3) Accounts & Security

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Registration. You must create and maintain an accurate, complete account (a “User Account”). Keep your credentials confidential; you are responsible for all activity under your account.

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Notices of compromise. Notify us promptly at support@disclosurefacts.com if you suspect unauthorized access or any security incident.

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Non‑transferability. Accounts may not be sold, assigned, or otherwise transferred.

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4) Service Modules & Core Features

4.1 Universal Clickable Disclosures (UCD)

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The UCD is a standardized, machine‑ and human‑readable label that is designed to travel with a post or placement. A UCD can reference: (a) material connection type (e.g., paid sponsorship, gifted products, affiliate links/commissions); (b) role/persona (e.g., creator, spokesperson, actual customer, domain expert); (c) disclosure phrasing and visibility guidance; and (d) post‑specific identifiers that link to related records in the DFP/DIP.

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Placement & accessibility. The UCD is intended to be clearly visible and easily accessible near the advertising content and may be referenced via a short code, QR, pinned comment, link‑in‑bio, or platform‑specific placement where available.

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Your responsibility. 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.

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4.2 Disclosure Facts Profiles (DFP)

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DFPs provide public or permissioned pages for brands and creators that consolidate disclosures, 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.

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4.3 Disclosure Integrity Protocol (DIP)

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The DIP records time‑stamped entries and relevant metadata (e.g., label versions, toggles selected, links to live posts). DIP entries are intended to create a consistent, neutral log to aid transparency and internal governance. DIP is not a legal opinion or certification.

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4.4 Brand & Creator Portals

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Brands may invite creators to collaborate; creators may manage invitations, campaigns, and label configurations. Disclosure Facts is not a party to any contract between brands and creators and does not broker or guarantee deals or payments between users.

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4.5 Third‑Party Platforms & Integrations

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Some features may depend on third‑party platforms (e.g., social, commerce, ad managers). Those platforms are not under our control, may change without notice, and may affect how the Services work. You remain responsible for following each platform’s rules and policies.

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5) Acceptable Use

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You agree not to:

• violate any applicable law, regulation, or right of any person;
• misuse, reverse engineer (except to the extent such restriction is prohibited by law), interfere with, or disrupt the Services;
• use robots, scrapers, or similar tools to extract data except as expressly permitted in writing;
• impersonate any person or entity or misrepresent your affiliation; or
• use the Services to build a competing product or to create deceptive or misleading disclosures. We may suspend or terminate access for violations.

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6) Fees & Payment

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We may offer free and paid plans. Fees, if applicable, will be disclosed at checkout, order forms, or 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.

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7) User Content & Data

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Your Content. You retain 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 as otherwise permitted by your settings.

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Accuracy. You are responsible for the accuracy and lawfulness of your User Content and for obtaining any necessary permissions.

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Feedback. If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty‑free license to use them without restriction or compensation.

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8) Intellectual Property; No Implied Rights

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The Services, UCD, DFP, DIP, software, labels, designs (including the Disclosure Facts shield/icon), documentation, and all related content are owned by us or our licensors and are protected by intellectual‑property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights.

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9) Privacy

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Our collection and use of personal data is described in our Privacy Notice. By using the Services, you consent to our processing consistent with that notice.

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10) No Legal Advice; No Guarantees

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Disclosure Facts does not provide legal advice or representation. Any guidance, templates, or labels are informational and intended to support your own disclosure decisions. We make no guarantee that use of the Services will prevent investigations, enforcement, lawsuits, penalties, or private disputes, or that any post will be found compliant by regulators, platforms, courts, or other bodies.

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11) Disclaimers

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THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR‑FREE, UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.

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12) Limitation of Liability

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DISCLOSURE FACTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNTS YOU PAID TO DISCLOSURE FACTS FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS.

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13) Indemnification

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You will defend, indemnify, and hold harmless Disclosure Facts and our affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms or applicable law; or (d) your brand‑creator arrangements.

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14) Suspension; Termination

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We may suspend or terminate your access to the Services at any time if we reasonably believe you have violated these Terms or pose risk to the Services or other users. You may stop using the Services at any time. Certain provisions (including Sections 7–13) survive termination.

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15) Changes to the Services and to These Terms

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We may modify the Services or these Terms from time to time.