The fossil record is fact.All the fossils discovered aren’t hard core enough?
The explanation (TOE) is a theory.
What makes it a "scientific theory" is that it
makes falsifiable predictions that can be tested.
This makes it "useful".
Personal view....
I say the theory has risen to the level of factuality.
Why?
It makes so darn much sense.
It's been tested & verified so many times.
Its explanatory power is elegant & powerful.
There's no alternative scientific explanation.