Terms of Service
Last updated: April 27, 2026 — Version 2.2
1. Introduction
Pactly, Inc., a Delaware corporation, with registered offices at 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States ("Pactly") operates the Platform. By registering or using Pactly, you agree to these Terms of Service. If you do not agree, do not use the Platform.
2. Definitions
- "Platform": the pactly.io website and all its services.
- "Creator": user who offers sponsored content publication services on social media.
- "Buyer": person or company that hires a Creator's services through Pactly.
- "Guest": Buyer who purchases without a prior account, identified via email and tracking token (JWT).
- "Order": a transaction between a Buyer and a Creator managed through Pactly.
- "Brief": the instructions and requirements the Buyer provides to the Creator for an Order.
- "Validation": the process by which Pactly verifies that the Creator has met the Brief requirements.
- "Protected payment": the model where Buyer funds are held until Pactly validates fulfillment.
3. Eligibility
- You must be at least 18 years old to use Pactly.
- You must provide accurate information and keep it up to date.
- A single person or entity may hold only one account.
4. Account types
Pactly supports two user types:
- Creator: offers sponsored content services and is paid for them.
- Buyer/Brand: hires creator services and pays for them.
A single user can activate both roles.
Restrictions for users with both roles:
- You may not hire your own services.
- You may not self-refer.
- Own purchases to a referred creator do not generate referral commission.
- Circular transactions (systematically buying from someone who buys back from you) may result in suspension.
- Financial data, scores, and metrics for each role are completely independent.
5. Creator accounts
- By registering as a Creator, you commit to fulfilling accepted Briefs within the agreed timeframes.
- You are responsible for ensuring your content complies with applicable laws, including the disclosure obligation for sponsored content (#ad, Paid Partnership, or equivalent under your jurisdiction).
- Pactly may suspend or close your account if you breach these Terms, commit fraud, or have an excessive non-compliance rate.
- The Creator is responsible for the accuracy of their profile information, including followers and social networks.
6. Purchases and payments
6.1 Request and payment flow
Payment is processed via Stripe only after the Buyer submits a Brief and the Creator accepts the collaboration terms. Payments are held under the Protected payment model until Pactly validates Order fulfillment. The Buyer authorizes this hold upon completing payment.
6.2 Guest Checkout (purchasing without an account)
A Buyer may purchase without creating a prior account. In that case, Pactly identifies the Buyer via email and a tracking token (JWT) sent to the provided email. Orders made as a Guest are linked to the email and can be claimed when creating an account later with the same email.
6.3 Payment abandonment
The Buyer has a limited period (configurable by Pactly, by default 48 hours) to complete payment after Creator acceptance. If payment is not completed within that window, the request is automatically canceled at no cost to either party. A Buyer who repeatedly fails to complete payments after Creators have accepted their requests may face account restrictions, including warnings visible to other users, temporary suspensions, or permanent account closure.
6.4 Payment methods
Payments are processed through Stripe. Pactly does not store credit card data. The Buyer understands that their payment is a service request subject to Creator acceptance. If the Creator rejects the request or does not respond within the established timeframe, the payment is automatically refunded.
7. Fees
- Pactly charges a 13% platform fee on each completed transaction.
- The fee is deducted from the Creator's payout. The Buyer pays the listed price with no additional charges.
- There are no subscriptions, monthly fees, or hidden costs.
7.4 Anti-fraud reserve (soft reserve)
Out of the 13% fee per transaction, Pactly internally allocates a portion as an operational reserve to cover Stripe chargebacks, post-payment detected fraud, and disputes resolved in favor of the Buyer. This reserve is an internal accounting allocation by Pactly: it does not imply an additional charge to the Buyer nor an extra withholding from the Creator's payout. The Creator receives 87% of the net amount as described above.
8. Validation process
- After the Creator publishes the content, they must upload evidence through Pactly.
- Pactly performs an automatic check (N0) and a manual review (N1) to confirm that the content meets the Brief requirements.
- If validation approves the content, the Order advances toward payout release.
- If validation does not approve, the Creator may receive a correction request or, in cases of serious non-compliance, the Order may be canceled with a refund to the Buyer.
9. Guarantee period and payout release
9.1 Guarantee period (7 days)
After validation approval, a 7-day guarantee period begins, during which the Buyer may report issues or open a dispute regarding the Order. If no disputes are opened by the end of the guarantee period, the payout is scheduled for release to the Creator.
9.2 Release schedule (Hold T+14)
The Creator's payout is released 14 days after validation approval, provided no active disputes exist. This schedule applies generally to all Creators. Pactly reserves the right to adjust this schedule in the future based on the Creator's history and Pactly Score, communicating any change with reasonable notice.
9.3 Payouts via Stripe Express
Payouts are processed exclusively through Stripe Express. The Creator is responsible for completing and keeping current the Stripe identity verification (KYC) process. Bank information provided to Stripe is subject to Stripe's terms, and Pactly has no direct access to it.
9.4 Deferred KYC
The Creator may accept Orders, upload evidence, and pass validation without a payout account configured. If the Creator has not completed KYC at payout time, the Order enters PAYOUT_PENDING_KYC status and the payout is processed automatically once verification is complete.
10. Refunds
10.1 Automatic refund scenarios
- If the Creator rejects the request: immediate automatic refund.
- If the Creator does not respond within the deadline: automatic refund.
- If the Creator does not deliver within the deadline: automatic refund.
- If validation determines that the content does not comply (after a correction opportunity): automatic refund.
10.2 Processing times
Refunds are processed through Stripe and may take 5–10 business days to reflect in the Buyer's account statement, depending on their bank. Pactly does not control the internal processing times of financial institutions.
11. Disputes
11.1 Opening a dispute
A Buyer may open a dispute during the 7-day guarantee period if they believe the Order does not meet the agreed Brief. The dispute must include specific evidence of non-compliance (screenshots, links, comparison with the original Brief).
11.2 Creator response
The Creator receives immediate notification of the dispute and is invited to respond with their own evidence within a reasonable timeframe Pactly sets for each case. Communication between both parties and Pactly takes place through the dispute messaging system on the Platform.
11.3 Pactly's decision
Pactly reviews the evidence from both parties and issues a binding decision within a reasonable timeframe, generally within 5 business days after the Creator's response (or the response deadline expiration). Possible decisions are:
- a) In favor of the Buyer: full refund to the Buyer. The Order is marked as REFUNDED. The Creator does not receive payment and the non-compliance may negatively impact their Pactly Score.
- b) In favor of the Creator: payout is released to the Creator according to the applicable schedule. The dispute closes with no impact on the Creator's CRS.
- c) Correction opportunity: Pactly sets a new deadline for the Creator to correct the content according to specific Brief points. If the Creator complies within the new deadline, payout is released. If not, a refund to the Buyer proceeds.
- d) Partial refund: Pactly determines a partial refund amount to the Buyer, releasing the remainder to the Creator. This option applies when there is verifiable partial fulfillment of the Brief.
11.4 Dispute withdrawal
The Buyer may withdraw the dispute at any time before Pactly issues a decision. Upon withdrawal, the dispute is marked as WITHDRAWN and the payout is released to the Creator per the applicable schedule. A withdrawn dispute cannot be reopened for the same cause.
11.5 Binding nature
Pactly's decision on disputes is binding for both parties within the Platform. Any additional legal remedy outside Pactly is subject to Section 22 (Governing law).
12. Counter-offers
- The Creator may propose changes to a request before accepting it (price, timing, scope).
- The Buyer has 48 hours to accept or reject the counter-offer.
- If the Buyer does not respond within 48 hours, the payment is automatically refunded.
- Only one counter-offer round is allowed per Order.
13. Referral program
13.1 Creator-to-Creator referrals
- Creators may invite other Creators to Pactly via their referral link.
- The referrer receives a $10 USD bonus when the referred Creator completes accumulated Orders of at least $100 USD.
- Additionally, the referrer receives 2% of the value of the referred Creator's completed Orders for 12 months (counted from when the referred Creator reaches $100 USD in orders).
- Maximum $2,000 USD per referral.
13.2 Buyer-to-Creator referrals
A Buyer who invites a new Creator to Pactly will receive a $10 USD credit when that Creator completes their first order on the platform, regardless of which Buyer that first order is with. The credit applies as a discount on future purchases and is non-transferable and non-refundable. The maximum accumulated per referrals is $500 USD per account.
13.3 Anti-fraud
The following conducts, applicable to both referral programs, result in permanent suspension of the involved accounts and reversal of all credited bonuses or credits:
- Self-referrals (using one's own invite link).
- Circular transactions (A refers B and B refers A with systematic mutual purchases).
- Creation of duplicate accounts using the same email, device, or IP.
- Program manipulation via bots, automated scripts, or fake identities.
- Simulated purchases without real collaboration intent.
14. Social account verification
- Pactly provides a verification system to confirm that the Creator controls the declared social accounts.
- Verification is voluntary but recommended. Verified profiles display a trust badge.
- Pactly does not guarantee the accuracy of unverified data (such as manually declared follower counts).
15. Pactly Score (CRS)
- The Pactly Score (CRS) is a reliability indicator assigned to each Creator based on verifiable account data.
- Creators are assigned to one of five tiers based on verifications, transaction history, and other factors evaluated by Pactly.
- Pactly may adjust the assigned tier based on Creator performance, communicating substantial changes per Section 21.
- The specific CRS calculation methodology, once formalized, will be documented and communicated in due course.
15.5 Tiers and per-transaction limits
The CRS determines the maximum amount per Order a Creator can process:
- Tier 0 (New): up to USD 500 per Order.
- Tier 1 (Rising): up to USD 1,000 per Order.
- Tier 2 (Trusted): up to USD 5,000 per Order.
- Tier 3 (Elite): up to USD 15,000 per Order.
- Tier 4 (Pro): up to USD 25,000 per Order.
The specific amounts may be adjusted by Pactly and will be communicated to the Creator with reasonable advance notice.
15.6 Monthly aggregate limit
Each Creator may process up to USD 15,000 in completed Orders per calendar month, regardless of their tier. The limit resets on the first day of each month.
15.7 Score adjustments
Pactly may adjust the CRS based on:
- Orders completed on time (positive).
- Disputes lost by the Creator (negative).
- Missed delivery deadlines (negative).
- Unjustified cancellations (negative).
- Verified reports against the Creator (negative).
16. Payment processing
Pactly uses Stripe, Inc. as its payment processor. By using Pactly, you agree to comply with Stripe's Terms of Service in addition to these terms. Pactly does not store credit card data. All payment transactions are processed securely through Stripe's infrastructure. Creators receiving payouts through the platform accept the Stripe Connect program conditions when setting up their payout account.
17. Prohibited content and activities
Pactly prohibits the use of the Platform to promote, sell, or facilitate the following types of content, products, or services. Orders related to these categories will be canceled and funds refunded to the Buyer. Repeated violations may result in account suspension or closure.
Prohibited content:
- a) Adult, sexually explicit, or pornographic content.
- b) Pharmaceuticals, controlled substances, drug paraphernalia, or unregulated supplements.
- c) Firearms, ammunition, explosives, or related accessories.
- d) Gambling, betting, lotteries, or sweepstakes with mandatory purchase.
- e) Cryptocurrencies, tokens, financial trading, investment advice, or financial products without the corresponding regulation.
- f) Tobacco products, e-cigarettes, vaping, nicotine, or CBD.
- g) Pyramid schemes, multilevel marketing, get-rich-quick programs, or guaranteed income promises.
- h) Content promoting hate, violence, discrimination, harassment, or terrorism.
- i) Counterfeit products, replicas, or items infringing third-party intellectual property rights.
- j) Debt recovery services, deceptive credit repair, or predatory lending.
- k) Content promoting eating disorders, self-harm, or dangerous activities.
- l) Sale of personal data, social media accounts, fake followers, or artificial engagement.
- m) Paid political content that does not comply with applicable electoral transparency laws.
- n) Products or services illegal in the Creator's or Buyer's jurisdiction.
Additional prohibited conduct:
- Sending briefs or messages with abusive, offensive, discriminatory, threatening, or explicit content.
- Sending requests en masse without real purchase intent.
- Attempting to negotiate or process payments outside Pactly to avoid Platform protection.
Pactly reserves the right to cancel any Order and close any account that, in its reasonable judgment, is associated with the activities described above. These restrictions apply to both services offered by Creators and brief content submitted by Buyers. These categories align with our payment processor's policies. Pactly cannot process payments for transactions that violate Stripe's Terms of Service.
18. Intellectual property
- The Creator retains all rights to the content they publish.
- By using Pactly, the Creator grants Pactly a limited license to display the content within the Platform for verification and service operation purposes.
- The Buyer does not acquire intellectual property rights over the Creator's content unless explicitly agreed in the Brief.
19. Limitation of liability
- Pactly acts as a technological intermediary between Creators and Buyers.
- Pactly does not guarantee marketing results, reach, engagement, or return on investment.
- Pactly is not responsible for content published by Creators.
- Pactly's maximum liability for any claim is limited to the amount of the transaction in question.
20. Suspension and termination
- Pactly may suspend or terminate accounts that violate these Terms, commit fraud, or represent a risk to the Platform.
- Pending funds from legitimate transactions will be processed according to the rules in force at the time of suspension.
21. Modifications
21.1 Modification process
Pactly may modify these Terms at any time. The classification of changes determines the notification process.
21.2 Substantial changes
Changes affecting user rights or obligations (for example: fee modifications, refund policies, dispute processes) will be communicated at least 30 days in advance through:
- Email to each user's registered address.
- Prominent notice on the Platform.
- Update banner on account login.
21.3 User rights for substantial changes
During the 30-day notification period, the user may:
- Accept the new Terms by continuing to use the Platform.
- Reject the changes and request account closure without penalty.
- Complete ongoing Orders under the previous Terms (those in effect when the Order began).
21.4 Minor changes
For typo corrections, clarifications, or description of new features that do not affect existing rights, the notice period may be 7 days.
21.5 Acceptance
Continued use of Pactly after the applicable notification period constitutes acceptance of the new Terms.
22. Governing law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws provisions. Any dispute arising out of or related to these terms shall be subject to the exclusive jurisdiction of the courts of the State of Delaware or the federal courts located in the District of Delaware.
23. Multi-brand management
A Buyer may organize their collaborations by brands, divisions, or internal clients within their account. The Buyer is responsible for all payments made, regardless of the internal brand to which the Orders are assigned. Pactly does not intervene in the relationships between the Buyer and their internal clients or divisions.
24. Reports and blocks
Users may report conduct that violates these Terms of Service. Pactly will review reports and may take measures including warnings, temporary suspensions, or permanent account closure. Users may also personally block other users without Pactly's intervention. Personal blocking is private and not visible to the blocked user.
25. Support system
25.1 Access
Pactly offers a support ticket system accessible from any authenticated account via /creator/support, /buyer/support, or /admin/support.
25.2 Categories
Tickets are classified as:
- Bug or Platform technical issue.
- Payments and payouts.
- Account and access.
- Social account verification.
- Specific order.
- Other.
25.3 Response times
The target response time is 48 business hours. High-priority tickets (pending payouts, active disputes, access problems) are handled within 24 business hours. These timeframes are operational targets and do not constitute contractual guarantees.
25.4 Scope
Use of the support system does not replace:
- The formal opening of disputes (Section 11).
- Reporting between users (Section 24).
- Exercising personal data rights (Section 26).
25.5 Retention
Tickets and their history are kept according to the retention policy described in Section 26 and in the Privacy Policy.
26. Personal data processing
26.1 Regulatory framework
Pactly processes personal data in accordance with the Privacy Policy available at pactly.io/privacy and applicable laws, including the European Union's General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), Brazil's Lei Geral de Proteção de Dados (LGPD), and Mexico's Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP).
26.2 Legal bases for processing
Pactly processes personal data under the following legal bases as applicable:
- Performance of contract: Order processing, payments, validations.
- Compliance with legal obligations: tax records, KYC, regulatory retention.
- Legitimate interest: fraud prevention, Platform security, service improvement.
- Explicit consent: non-essential cookies, promotional communications.
26.3 Subprocessors
Pactly uses the following service providers:
Essential services (contract performance):
- Stripe, Inc. — payment processing.
- Supabase, Inc. — database and authentication.
- Resend — transactional email delivery.
- Vercel, Inc. — hosting infrastructure.
- Upstash — cache and rate limiting.
- Sentry — technical error monitoring.
- Anthropic PBC — AI-assisted verification of submitted media (Claude Vision API). Used to analyze account verification screenshots; images are processed in transit and not retained by Anthropic beyond the time required to return the analysis result.
Marketing services (subject to user consent):
- Meta Platforms, Inc. — advertising tracking pixel and Conversions API for campaign measurement (enabled after consent).
- Google LLC — Google Ads tags and Enhanced Conversions for campaign measurement (enabled after consent). Pactly currently uses Google Analytics for aggregate usage analysis.
Data shared with Meta and Google for marketing purposes is hashed (SHA-256) and limited to aggregated conversion events. Consent can be withdrawn at any time from the cookie settings.
26.4 User rights
The user has the following rights over their personal data:
- Access: request a copy of the processed data.
- Rectification: correct inaccurate data.
- Erasure: request data deletion (right to be forgotten).
- Portability: receive data in a structured format.
- Objection: object to processing based on legitimate interest.
- Restriction: limit the use of data in specific cases.
- Withdrawal of consent: revoke previously granted consent.
These rights can be exercised by writing to privacy@pactly.io or through the form at pactly.io/privacidad/ejercer-derechos. Pactly will respond within a maximum of 30 days.
26.5 Retention
Data is kept while the account is active and for the legally required period after account closure (generally 7 years for tax and payment records). Marketing data is deleted immediately upon consent withdrawal.
26.6 Account deletion
The user may request account closure and data deletion by writing to privacy@pactly.io. Deletion is processed within a maximum of 30 days, retaining only legally required data (tax records, resolved disputes, etc.). Pactly is developing a self-service option for deletion from account settings.
26.7 International transfers
Data may be transferred and processed in the United States and other jurisdictions where the subprocessors listed in 26.3 operate. Pactly ensures that these processors comply with adequate data protection safeguards through Standard Contractual Clauses (SCCs) or other approved mechanisms.
26.8 Security incident notification
If a breach affecting personal data occurs, Pactly will notify the competent supervisory authority within 72 hours of becoming aware of the incident, in accordance with GDPR Article 33. If the breach poses a high risk to the rights and freedoms of affected individuals, Pactly will also notify them without undue delay, in accordance with GDPR Article 34, indicating the nature of the incident, measures applied, and recommendations.
28. Force majeure
Pactly shall not be liable for non-performance or delays caused by circumstances beyond its reasonable control, including:
- Infrastructure failures of third-party providers (Stripe, Supabase, Vercel, AWS, social networks).
- Changes to social network APIs affecting the validation process.
- Natural disasters, armed conflicts, pandemics.
- Governmental or regulatory actions.
- Massive cyber attacks.
In such cases, Pactly will make reasonable efforts to restore service and promptly communicate status to users. Orders affected by force majeure may be paused, extended, or refunded as appropriate.
29. Contact
For questions about these Terms: legal@pactly.io.
For privacy and personal data matters: privacy@pactly.io.
For European Union users, our data protection representative: dpo@pactly.io.
Postal mail: Pactly, Inc., 131 Continental Dr, Suite 305, Newark, Delaware 19713, USA.