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Use case · Software

Evidence and sign-off for software marketing claims

Software marketing claims about speed, uptime, security and savings are objective claims, and UK and US rules expect you to hold the evidence before you publish. With Veridat, each claim shows the benchmark or record it still needs and who signed it off, for software sold to businesses or consumers.

Claims

The marketing claims software teams make

Common wording on launch pages and sales decks, from performance and security claims to SaaS comparison claims, the evidence each usually needs, and the rule.

Common wordingThe evidence it usually needsRule
40% fasterA benchmark: method, environment, comparison and date.CAP Code 3.7 · FTC Act s.5
Saves 10 hours a weekData for a typical result, or wording that makes clear it is not typical.CAP Code 3.7 · BPRs 2008 reg. 3
99.9% uptimeMonitoring data for the service and period claimed.CAP Code 3.7 · FTC Act s.5
Better than [competitor]A like-for-like comparison buyers can check.CAP Code 3.33, 3.34 · BPRs reg. 4
End-to-end encryptedDocuments showing it works as described, including who holds the keys.FTC Act s.5 · CAP Code 3.7
Zero downtimeEvidence for every period {{zero}} covers, or a qualified claim.CAP Code 3.1, 3.7
Trusted by 500 teamsA count as a buyer reads it: paying customers, not sign-ups.CAP Code 3.7 · FTC Act s.5
As good as a lawyerEvidence it performs at the level of the profession it names.FTC Act s.5

For the evidence each kind of claim needs, see our B2B marketing claims governance guide.

The rules that apply

The rules that apply to software marketing claims

B2B advertising rules in the UK sit beside the CAP Code. Veridat applies the general substantiation rules; there are no software-specific rules yet.

RuleWhat it asks forIn Veridat's checklist
UK · ASACAP Code section 3: substantiation and comparisonsHold evidence before publishing (3.7), and compare products meeting the same need on verifiable features (3.33, 3.34).Yes
UK · legislationBusiness Protection from Misleading Marketing Regulations 2008Ban advertising that misleads the businesses it targets (regulation 3) and set the rules for comparisons (regulation 4).Not yet
UK · CMADMCC Act 2024: unfair commercial practicesFor software sold to consumers: bans misleading actions and omissions, with CMA fines of up to 10% of global turnover.Yes
US · FTCFTC Act section 5 and the Substantiation Policy StatementAn objective claim made without a reasonable basis is deceptive. How much evidence is enough depends on the claim and the cost of getting it wrong.Yes
US · FTCEndorsement Guides, 16 CFR Part 255Customer quotes describing results need the same substantiation as your own claims (255.2).Yes

Rulings and actions

UK and US rules expect you to hold the evidence before you publish.

Practice Pal Ltd (Involve Education)ASA · 25 February 2026

Comparison tables for school software gave "an unbalanced picture" of rivals. The ASA upheld complaints that they misled and could not be verified.

Read the ruling
Zoom Video CommunicationsFTC · 1 February 2021

Advertised end-to-end, 256-bit encryption but, the FTC alleged, gave less security. The final order requires a security programme and assessments.

Read the official announcement
DoNotPayFTC · 11 February 2025

Sold as the world's first robot lawyer. The order bars claiming it performs like a lawyer without sufficient evidence.

Read the official announcement

With Veridat

How software teams use Veridat

  1. Add the claim from the launch page

    Product pages, websites and decks have rules; email has none yet.

  2. Get the checklist

    General substantiation rules, each cited, so marketing sees why Legal asks.

  3. Attach the benchmark

    With how and when it was run, and an expiry date for the next release.

  4. Sign off and reuse

    Legal signs every claim; approved wording goes to the library for sales.

See the full process →

Questions

Asked by software teams.

Do B2B software ads need evidence behind them?

Yes. The Business Protection from Misleading Marketing Regulations 2008 ban advertising that misleads the businesses it is addressed to, and in February 2026 the ASA upheld complaints about a school software provider's comparison tables under the CAP Code. Hold the evidence before you publish.

Can we compare our product with a named competitor?

Yes, if the products meet the same need and you compare features that are material, relevant, verifiable and representative (CAP Code 3.33 and 3.34). The ASA reads a missing tick as the feature being absent, so keep evidence for every row.

How do we back up an uptime or performance figure?

With data for the exact service and period the claim covers, measured the way the wording suggests. In Veridat the benchmark sits against the claim with an expiry date, so it shows as expired when it lapses and your team decides whether to rerun it.

Can we say our product is secure or encrypted?

Only if it works exactly as described. The FTC alleged that Zoom advertised end-to-end, 256-bit encryption while providing less security. Keep architecture documents and test results with the claim, qualify absolute words such as "all" and "never", and update the claim when the product changes.

Does Veridat check software claims automatically?

Partly. Each claim gets a checklist from the general substantiation rules, with the rule cited, and shows what evidence is missing. There are no software-specific rules yet, and your reviewers, not Veridat, decide whether a benchmark proves the claim, and their decisions are recorded.

Keep going

Check, read, then try it with one claim

Bring one claim.
See what it needs.

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