Terms of Use

Status 01.10.2025

Preamble

The Swiss online platform Spheriq provides tools and insights to create a digital infrastructure for the non-profit sector – for easier financing and promotion, more efficient networking, active transparency and greater impact.

Ethical data handling is central to Spheriq. We process and use data according to clear principles and within the framework of a careful data policy, which is part of the terms of use.

These Terms of Use describe the rights and obligations associated with the use of our services.

1. Provider, scope, user groups and content

1.1 Provider

The provider of the Spheriq platform is Spheriq AG (formerly: Spheriq AG), Basel (hereinafter referred to as “Spheriq”).

1.2 Scope of the platform

These Terms of Use apply to spheriq.ch and all websites operated by Spheriq (e.g. spendenschweiz.ch), subdomains, apps and interfaces (collectively referred to as the “Platform”).

1.3 Validity & acceptance of contract

By registering or using the platform, you accept these Terms of Use. The Privacy Policy also applies.

1.4 Target groups

Spheriq is aimed at funding organisations (funding foundations, including public or private funding agencies, hereinafter referred to as “funders”), non-profit organisations seeking funding (associations, operational foundations and other legal forms, hereinafter referred to as “non-profits”), donors and individuals (e.g. cultural professionals, experts, government representatives).

1.5 Guests

Guests are users who use the services without registering and therefore without access or an account. The terms of use also apply explicitly to guests.

1.6 Registered users

Registered users have an account and are able to add to and edit platform content or user content.

1.7 Verified users

Verified users are registered users who have also been successfully verified via digital remote identity verification.

1.8 Content

“Platform content” is public content, content generated by Spheriq, or content made public by users about organisations and bodies in the non-profit sector that are of public interest.

“User content” is other content provided by users or their organisations (texts, figures, images, tables, projects, requests, other data sets, etc.).

1.9 Languages

These Terms of Use are available in German, French and English; the German version is authoritative.

2. Contract conclusion and contractual basis

2.1 Registration & Account

There is no entitlement to registration. Spheriq may refuse or cancel registration for objective reasons (e.g. violation of the law, violation of these terms and conditions).

2.2 Contract conclusion

The contract is concluded when you agree to the terms and conditions during registration or when activating access (click acceptance) or when you use the platform.

2.3 Representation

If you are acting on behalf of an organisation, you warrant that you are authorised to do so.

2.4 Account security and misuse

You are obliged to treat your access data as strictly confidential and not to disclose it to third parties, to take appropriate protective measures on your devices and in your networks (e.g. up-to-date operating system, device lock, virus protection, multi-factor authentication) and to inform us immediately if you suspect unauthorised use or loss/theft of your access data. Actions taken via your account are considered to have been initiated by you until you have reported a possible compromise to us and we have blocked the account.

Spheriq may independently temporarily block access or functions if it suspects misuse in order to prevent damage.

2.5 Communication

Spheriq may communicate with you via electronic channels (e.g. email/in-app). Legally relevant notifications are deemed to have been delivered as soon as they are available in your account or via email.

2.6 Changes to the terms and conditions

Spheriq may amend these terms and conditions at any time. We will inform you of any significant changes or price adjustments in a timely manner and in an appropriate form. Significant changes will only take effect at the start of the next contract period for your access, whereas editorial clarifications or changes without significant effects, as well as adjustments required by law or for security reasons, will take effect upon publication.

3. Subject of the service

3.1 Purpose

Spheriq provides functions, data and content to connect actors in the non-profit sector, raise the profile of projects/organisations, facilitate financing and funding, and provide knowledge.

3.2 Further development and maintenance

Spheriq is continuously developing the platform. Adjustments to the scope of services and short-term service interruptions due to maintenance work are possible. Spheriq will ensure that these are reasonable. Planned maintenance will generally be announced on the platform at least 48 hours in advance; urgent maintenance may be carried out at short notice.

3.3 Third-party content & user-generated content

Content originates from Spheriq or third parties. User content is subject to separate obligations and rights, see Articles 5, 7, 8, 9 and 10. Spheriq may moderate or remove content in accordance with these rules.

3.4 No consultancy

The data and content provided by Spheriq or third parties does not constitute legal, tax or investment advice.

4. Data and content

4.1 Data protection declaration

Spheriq’s privacy policy applies. It describes which personal data is processed for which purposes, on what basis, for how long and with what rights. Art. 4.9 applies to exports.

4.2 Ethical handling of data

Spheriq ensures that data is handled ethically. We only process data for specific purposes, in a proportionate manner and with appropriate protective measures.

4.3 Data categories

In order to ensure proportionate processing, precise rights of use and targeted protection of data, data is divided into categories A, B, C and D. C contains sensitive subcategories C1/C2.

4.4 Public data

A and B data are public or publicly disclosed data. A data are data on organisations and bodies that are publicly accessible due to legal provisions, for example via the commercial register. B data are data made public by users as representatives of their organisation.

4.5 Private data

C data is non-public data entrusted to Spheriq in order to create added value for philanthropy. Users can make certain private data available to other users (category C2) or target groups.

Private data is not particularly sensitive data within the meaning of the Data Protection Act, but rather confidential data.

4.6 Usage data

D data is data that Spheriq collects and evaluates in order to offer users needs-based services and an optimal user experience.

4.7 Creating and editing content

Depending on their access rights, users can create, supplement and edit content (e.g. organisation and project descriptions, requests, documents, media elements).

4.8 Visibility of content

Visibility and sharing are based on the settings provided on the platform. There is no entitlement to the publication of certain content. Certain content is marked as “private” or can be marked as “private” in order to reduce its visibility.

4.9 Limitation of data protection declaration and user obligations

In application and funding management and in other areas, users may export or print data for backup purposes or for decision-making processes conducted outside the platform. In accordance with the Data Protection Act, users are independently responsible for this data processing outside the platform.

If users employ their own data processing systems or third-party/cloud services and thus independently decide on the purpose and means of further data processing, they are obliged under Art. 19 ff. revDSG, they are obliged to inform the data subjects in a transparent manner, e.g. in the form of their own privacy policy, to take technical and organisational measures and to conclude the necessary order processing agreements.

5. Copyright and rights of use

5.1 Use of platform content

Platform content is legally protected. You may use it within the scope of the platform functions (e.g. view, search, link). Framing/embedding or other integrations that give the impression of your own authorship are prohibited. Any further use (in particular reproduction, transmission, modification or commercial use) requires the prior written consent of Spheriq or the rights holders. All property rights remain with the original rights holder.

5.2 Spheriq’s rights of use to platform content

Spheriq is entitled to technically process platform content for the operation and presentation of the platform (e.g. format adjustments, preview images), as well as to use it for quality assurance, security measures, support and the factual promotion of the platform. This use takes place without the transfer of property rights and lasts until the respective content is removed; Backup copies in backups/logs may remain temporarily for verification and security reasons. Spheriq may grant sub-licences to third parties within the scope of API services, provided that the use serves a similar purpose or mission to that of Spheriq (e.g. operation of a cantonal foundation platform).

5.3 Rights of use for user content

User content is legally protected. The rights to user content remain with the users who provide it. They only grant Spheriq a simple, revocable right of use for the duration of their membership and exclusively for two purposes: firstly, to provide the contractual services on the platform, and secondly, for aggregated or anonymised statistics and evaluations that generate added value for philanthropy.

User content is not passed on by Spheriq as individual data and is not made available via APIs without the written consent of the users providing the data. Users can request the deletion of their user content at any time; Spheriq will implement this without undue delay . Backup copies made for technical reasons are overwritten on a regular basis. Legal retention obligations remain reserved.

5.4 Links to external content

Spheriq may contain links to other websites controlled or provided by third parties. The operators of these third-party websites and linked websites are solely responsible for their content. Spheriq accepts no liability for this content.

5.5 Representations

Users warrant that they have the necessary rights to the platform content they provide and to their user content and that they do not infringe any third-party rights. When using third-party content, sources must be cited where possible or necessary.

5.6 Content moderation and takedown

Spheriq may review, block or remove user content if there are indications of violations of the law or the terms of use. Reports of legal violations can be submitted via the usual contact channels.

Spheriq may review, curate, summarise, supplement, block or remove platform content.

6. Access, prices, termination

6.1 Access Levels and Term

The scope of services depends on the selected access level (e.g. Free, Starter, Pro, Partner). The contract term is generally 12 months.

6.2 Renewal and termination

Access is automatically renewed for a further term unless it is terminated by the last day of the current contract period. Termination must be made electronically or in writing.

6.3 Change of access (upgrade/downgrade)

An upgrade is possible at any time, a downgrade at the end of the contract term. There is no entitlement to a pro-rata refund of fees already paid.

6.4 Prices and price changes

Prices are exclusive of VAT, unless otherwise stated. Spheriq shall give at least 3 months’ notice of price changes; the new prices shall apply from the next contract term (see Art. 2.6).

6.5 Means of payment and due date

Payment shall be made by credit card or invoice. Invoices from new customers are payable within 10 days, otherwise within 30 days.

6.6 Late payment and suspension

In the event of late payment, Spheriq may block access without prior notice. The payment obligation remains in force; a block does not entitle the customer to a refund.

6.7 Premature exclusion

If access is permanently blocked prematurely for objective reasons (e.g. in the event of serious violations), fees already paid will not be refunded.

7. General obligations of users

7.1 Accuracy and timeliness

Users shall ensure that information and content is accurate, up to date and complete.

7.2 Compliance with laws and contracts

Users shall comply with applicable law, personal rights, copyrights and trademark rights, as well as these Terms of Use.

7.3 Technical obligations

Users shall protect access data and end devices (see 2.4). Security breaches must be reported to Spheriq immediately; circumvention of technical protective measures is prohibited. For exports, the obligations under Art. 4.9 apply.

7.4 Prohibited content and behaviour

In particular, content that is illegal, discriminatory, glorifies violence, pornographic, defamatory or misleading, as well as spam, malware and phishing, is prohibited.

7.5 Automation and scraping

Automated queries and mass data extraction (scraping) outside the provided interfaces are prohibited. Automated use is only permitted via the documented APIs and within the scope of Art. 5 and in compliance with any rate limits.

7.6 Reports and takedowns

Please report any illegal content via the designated contact channels. The procedure is governed by Art. 8.

8. Reporting errors

8.1 Reporting centre

Please report any incorrect, illegal or contract-breaching content to support@spheriq.ch or via the platform’s chat function, stating the source/URL, a brief description of the alleged violation or error, the reasons for your report and any available evidence, as well as your contact details.

Spheriq will usually confirm receipt of a report within two working days and investigate it. In the case of obviously illegal content, Spheriq may immediately block or remove the content on a provisional basis. If justified, Spheriq will seek a statement from the users concerned. Spheriq may also classify a report as non-serious and refrain from taking action.

8.2 Statement from affected users

Those affected will be informed and can submit a statement and supporting documents within 5 working days. After review, Spheriq will decide on retention, temporary blocking, removal or other appropriate measures.

8.3 Restoration

If a report proves to be unfounded, Spheriq will restore the content promptly. Technical or legal reasons may lead to delays.

8.4 Abuse

Spheriq may reject reports that are clearly abusive and block access for the users concerned.

9. Responsibility of the operator

9.1 Principle of due diligence

Spheriq operates the platform professionally and with due care. We strive to ensure that our data is correct, up to date and complete, and we correct any errors or inaccuracies that come to our attention within a reasonable period of time; reports from users are reviewed (see Art. 8). There is no ongoing monitoring of third-party content.

9.2 No general obligation to check

Spheriq is not the publisher of content created by users or third parties and has no general obligation to check content in advance.

10. Specific rights and obligations for individual applications

10.1 Donation option via the platform

Natural and legal persons with legal capacity (“donors”) can make donations of up to CHF 3,000 per year to beneficiary organisations via the platform. Donations can only be made to tax-exempt Swiss and Liechtenstein organisations with a Swiss bank account.

Verified users may also donate larger amounts. In exceptional cases, it is also possible for verified users to donate to non-tax-exempt charitable organisations; the decision on whether to accept such donations rests with Spheriq.

10.2 Donation processing

To make a donation, please complete the donation form truthfully and in full (including your name, date of birth, email address, amount, payment method and recipient). You decide whether your identity is disclosed to the recipient.

Payment is made using the payment methods provided on the platform (e.g. credit card, TWINT). Spheriq may adjust the available payment methods at any time.

After receiving the payment request, you transfer the amount to Spheriq’s processing account. Spheriq will check the payment receipt and the information provided on the donation form. If there are any discrepancies, you will be asked to correct them within 10 days; otherwise, the amount will be refunded via the same payment method.

If the details are correct, Spheriq will inform you that the donation has been forwarded. The amount will be transferred to the recipient immediately, within 60 days at the latest, or – if forwarding is not desired or not possible – refunded to you.

When making a transfer, Spheriq will only disclose your identity and email address to the recipient if you have agreed to this. Anonymous donations remain anonymous.

10.3 Donation receipt

Spheriq issues registered users with a donation receipt for tax purposes on behalf of the recipient organisations. The donation receipt can also be downloaded from the user account for a calendar year.

In exceptional cases, the recipient organisation will issue a donation receipt for tax purposes upon request. Spheriq will provide the necessary contact details for this purpose. Anonymous donations cannot be certified by the recipient organisation.

10.4 Costs for donations

Transfers are free of charge for donors. Once the fee-free donation amount defined according to the receiving organization’s subscription has been reached, the recipient organizations pay Spheriq a processing fee (“fair fee”) of 3% of the donation amount and CHF 1 per donation.

10.5 Responsibility for donations, security and compliance

The recipient is solely responsible for the proper use of the donations received.

Spheriq may review, temporarily withhold or reject donations if there is suspicion of misuse, money laundering or other legal violations. Legal obligations remain reserved.

10.6 Submitting applications

Non-profit organisations and individuals can use Spheriq to submit applications to funders who have activated application receipt. Applications can be submitted from the Free level onwards.

Non-profit organisations can submit applications to all other funders via a wizard, provided that they do not explicitly exclude the acceptance of applications in their profile settings.

10.7 Care when submitting applications

Non-profit organisations and individuals shall ensure that the content and information provided is accurate, complete and comprehensible, and that it is provided in sufficient detail to enable a proper assessment. Any requirements for individual fields shall be complied with.

Before submitting an application, non-profit organisations and individuals must check that it is suitable for the funder (purpose, criteria, area, deadlines, exclusion criteria). Applications will only be submitted if the requirements are largely met. Mass/serial applications that are not relevant to the funder will result in exclusion from Spheriq (Art. 6.7).

10.8 Application review

The review of applications is the responsibility of the funder and is carried out by them or by agencies commissioned by them.

Spheriq is not responsible for reviewing applications submitted via the platform or for communicating the results.

10.9 Networks

Spheriq operates networks as a digital infrastructure for group communication, data storage and appointment management. Users can join networks by invitation (from the Free level), join independently (from the Starter level) and open and administer their own networks (from the Pro level).

Contributions to networks constitute user content in accordance with Art. 1.8.

Membership requests and invitations are managed by the network administration (admin). The admin is the network’s contact person for Spheriq and has overall responsibility for all activities within this network: Defining the purpose and access (see Art. 10.10), managing members, moderating contributions (see Art. 10.12), ensuring copyright/usage rights and reporting violations (see Art. 10.13 and Art. 8).

10.10 Network types: purpose and access

The network type is defined by its purpose and access and is determined by the network administrator.

Networks serve three purposes: trend (information & inspiration), exchange (dialogue & collaboration) and promotion (support & monitoring).

There are four types of access: public (visible to all, membership request or invitation), restricted (visible only to defined target groups, e.g. funders), private (invisible, by invitation only) and internal (only members of the same organisation by invitation).

10.11 Network usage limits

Spheriq can set limits depending on the access level (e.g. Free, Starter, Pro, Partner), in particular for the number of memberships in public trend networks (e.g. 1 from Free, 3 from Starter), the number of own networks (e.g. 10 from Pro, 100 from Partner), the number of members, files or appointments per network, and for functions such as the integrated media review (“Radar”) or the integrated AI assistance (“AI Studio”).

10.12 Care in network posts

Posts on the networks must be short, friendly and tailored to the target group. Networks are neither a pure advertising channel nor an acquisition platform.

Posts unrelated to the network (“spam”), duplicate posts and mass messages in multiple networks are not permitted and will result in the removal of the posts (Art. 5.6) and exclusion from Spheriq (Art. 6.7).

The unauthorised use of third-party images, videos or other content, or the posting of content that glorifies violence, is degrading, discriminatory, inflammatory, harassing, offensive or threatening, will result in exclusion from Spheriq (Art. 6.7).

Violations can be reported (Art. 8) and prosecuted.

10.13 Copyright in the network

Network content is generally protected by copyright (see Art. 5).

Content from closed or restricted networks may not be shared outside the network without the consent of the authors and the network administration.

Content from public networks may be redistributed provided that Spheriq is cited as the source and a link to the relevant post is included.

Automated mass data extraction (“scraping”) or uses outside the intended use are not permitted (see Art. 7.5).

11. Confidentiality

11.1 Principle

Both parties shall treat non-public and private information obtained in the course of use as confidential.

11.2 User content

Spheriq provides special protection for C and D data. All access by Spheriq is based on the need-to-know principle and is only granted to persons who are bound by a corresponding obligation. Increased protection measures apply to C1/C2. Art. 4.9 applies to exports.

11.3 Exceptions

Disclosures that are required by law, have been approved in writing by the disclosing party or are necessary to enforce legal claims are permitted.

11.4 Continuation

Confidentiality applies to categories C1/C2 for an unlimited period beyond the term of the contract.

12. Liability

12.1 Principle

Spheriq is liable for intent and gross negligence. Any further liability in connection with access to and use of the platform is excluded to the extent permitted by law.

12.2 Indirect damages

Liability for indirect damages, consequential damages, lost profits and data loss is excluded.

12.3 Force majeure

Spheriq shall not be liable in cases of force majeure (e.g. official orders, unforeseeable system failures, network interruptions).

12.4 Service interruption

To the extent permitted by law, Spheriq shall not be liable for damages resulting from necessary security or maintenance interruptions, transmission errors, technical defects and malfunctions, system overloads, DDoS or other attacks, failures or disruptions of third-party telecommunications, hosting or cloud services, unforeseeable system failures or data loss, as well as official orders or events of force majeure. Spheriq is entitled to temporarily take the platform or parts thereof out of service for security reasons.

12.5 User content and third-party content

Spheriq accepts no responsibility for user content and third-party content; responsibility lies with the respective authors/operators (see Art. 9).

12.6 Use of donations

The use of donations is the responsibility of the recipient organisations (see Art. 10.5); Spheriq accepts no liability in this regard.

12.7 Decisions on the acceptance/rejection of applications

Decisions on applications received are made by the funders; Spheriq accepts no liability for rejected applications.

13. Final provisions

13.1 Transferability

Spheriq may transfer rights and obligations under these Terms of Use to third parties. Your essential rights remain unaffected.

13.2 Severability clause

Should individual provisions be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. They shall be replaced by a provision that comes closest to the economic purpose.

13.3 Text form

Amendments and additions to individual agreements must be made in writing, unless otherwise provided for in these terms and conditions.

13.4 Applicable law and place of jurisdiction

Swiss law applies. The place of jurisdiction is Basel, Switzerland; Spheriq may alternatively sue users at their place of residence/registered office.