Terms of Use

The following Terms of Use govern all services offered by Crowdify GmbH (hereinafter “CROWDIFY.NET”). By using our services, you accept the following unchanged terms and conditions in full.


1. Scope


1.1 These Terms of Use relate to the use of services provided by CROWDIFY.NET on the online platform www.crowdify.net (hereinafter “crowdify.net”). These Terms of Use apply to all users of crowdify.net, regardless of their role as project initiator, booster, or visitor (hereinafter collectively referred to as the “Users”).

1.2 By using the corresponding services, Users consent to the Terms of Use. When using individual services on crowdify.net, Users may be asked to reiterate their consent to the Terms of Use by clicking on a corresponding input field.

1.3 These Terms of Use apply for the entire duration of use of CROWDIFY.NET services.


2. CROWDIFY.NET services


2.1 CROWDIFY.NET is the operator of the online platform crowdify.net. crowdify.net allows natural and legal persons (the “project initiators”) to present their project and to fund it through contributions from other people (the “boosters”). The current offering of services is described on crowdify.net. CROWDIFY.NET may add services or change them at any time. The users select the services to be provided by CROWDIFY.NET from the range of services available at the time of use. You may use the services as a project initiator, booster, or visitor under the conditions specified in these Terms of Use. Project initiators must accept the project conditions in addition to these Terms of Use.


2.2 CROWDIFY.NET grants the project initiators the project duration they have selected (“promotion period”) from the start of the promotion period in order to advertise their project and to raise a predetermined amount of funds (“project budget”). The start of the promotion is defined as the time when the project initiators launch a project that has been approved by CROWDIFY.NET (“start of the promotion”). CROWDIFY.NET reserves the right to extend the promotion period in justified exceptional cases at its own discretion.


2.3 If the project initiators reach the project budget (achieve “successful funding”) within the promotion period or if the collected amount exceeds the project budget, CROWDIFY.NET will pay the project initiators the collected amount minus a processing fee of 9% (or 11% if the funding in stages payment option was selected) including service provider fees within a maximum of 2 weeks after the end of the promotion period. Certain projects may be granted reduced rates, for example, if they conduct repeated crowdfunding campaigns, raise a very high amount, or are listed in a certain project category. These preferential conditions must be established at the beginning and cannot be changed once the project has begun. CROWDIFY.NET will issue a VAT-compliant invoice for the processing fee to the project initiators upon request. If the project budget is not reached within the promotion period, CROWDIFY.NET will refund the boosters within 2 weeks, minus any processing fees charged by the financial service provider. In this case, the project initiators will not be charged a processing fee.


3. Contract between the boosters and the project initiators


3.1 Boosters will receive benefits (“goodies”) in exchange for their contribution payments. The project initiators will allow boosters to participate in one way or another in the co-financed project, such as, for example, by mentioning them in the credits of a film or music production, presenting them with a signed copy of the work, or allowing them to participate in a group event. When boosting tax-exempt projects, the boosters may request a receipt for their donation from the project initiators provided that the project states that the project initiators are conducting a tax-exempt project.


3.2 The project boosting contract and the corresponding awarding of goodies is concluded exclusively between the booster and the project initiators and on the basis of the provisions of these Terms of Use and the project description provided by the project initiators. The project description must comply with the project conditions. The contract between the boosters and the project initiators is conditional. It is not applicable in the event of unsuccessful funding.


3.3 Boosters do not have any right to make decisions concerning the projects. However, in their contract with the booster, the project initiators undertake to implement their project within 18 months of successful funding and to keep interested boosters informed of the project status at regular intervals.


3.4 In order to allow the project initiators to fulfil their contractual obligations to the boosters, the boosters authorise CROWDIFY.NET to provide the project initiators with their contact details (last name, first name, email address) after successful funding is achieved, unless the boosters have declared to CROWDIFY.NET that they wish to remain anonymous to the project initiators and will accordingly forego goodies (or donation receipts for charitable projects) (see Clause 4.3).


3.5 The last and first names of the project initiators can be viewed by all users on crowdify.net at any time. The project initiators also authorise CROWDIFY.NET to provide potential and actual boosters of the respective project with additional contact details (address, email address) for the project initiators upon request, insofar as this is necessary for the conclusion of the contract with the project initiators or for the performance of the contract.


4. Use of teh service by visitors or boosters


4.1 crowdify.net may be used by visitors and boosters for free and does not require registration. When boosters contribute using the corresponding buttons on crowdify.net, they must provide their last name, first name, and email address.


4.2 When paying project contributions, boosters may choose from one of three levels of data disclosure.

(1) Boosters may choose to reveal their identity to the public.
In this case, the last name and first name of the booster will appear next to the contributed amount. CROWDIFY.NET will inform the project initiators of the email address of the booster if the project funding is successful.

(2) Boosters may keep their identity anonymous from the public.
In this case, the word “anonymous” will appear next to the contributed amount. However, CROWDIFY.NET will notify the project initiators of the booster's email address if the funding is successful.

(3) However, boosters may also choose the option of boosting completely anonymously (their identity will not be revealed to anyone and they will not receive any goodies).
In this case, the word “anonymous” will appear next to the contributed amount. Even if the project is successfully funded, no identity data will be passed on to the project initiators. Boosters will accordingly waive their right to receive goodies (or to receive a donation receipt for charitable projects).

4.3 Boosters may pay their contributions using TWINT, credit card, PostFinance Card/E-Finance, or PayPal. The financial service provider will charge a processing fee for transfers made to the booster in the event of a refund. It will be deducted from the amount contributed by the booster. Crowdify will keep the paid amounts for the promotion period until they are paid out to the project initiators or refunded to the boosters in accordance with the deadlines and conditions set out in Clause 2.2 above. Boosters may request refunds of their payments up to 7 days after payment (by emailing support@crowdify.net). However, this will have indirect effects on the success of the project, and boosters should only exercise this option in exceptional cases. After CROWDIFY.NET pays out the funds to the project initiators, payments that were legitimately made by boosters can no longer be refunded.


4.4 Payments will be made to the bank account specified by the project initiators. Refunds are made by crediting the booster account using their originally selected payment method. Any fees charged by the financial service provider to process the return will be paid by the booster. It will be offset by the amount contributed by the booster.


5. Use of the service by and registration as project initiators


5.1 Users wishing to use crowdify.net as project initiators must register. To register as project initiators, users must fill out the corresponding form on crowdify.net. Users must accept the project conditions in addition to these Terms of Use. They must provide all information truthfully and to the fullest extent possible.


5.2 After registration, users will receive an email confirmation with an activation link and access credentials consisting of a username and password (“access credentials”) that they can use to access their project initiator account. The project initiators must then activate their access credentials. Access credentials are personally assigned and non-transferable. Project initiators must treat these credentials confidentially at all times and not share them with third parties.


5.3 To start a project (“Create a project”), the project initiator must log in using their access credentials. The project initiators must complete an online form to create a project. Information about the project and the person(s) initiating the project must be entered (contact details, bank details, project creation form, project data, project video and images, project description, project budget, goodies, “people, knowledge, talents, material, etc.”, and a personal text). You can create a project in several stages. The project initiators can save their project creation status and log in again in order to continue with the project creation process.


5.4 Once the project has been created in full and the information has been checked again, the project initiators will release the project for review by CROWDIFY.NET.


5.5 CROWDIFY.NET will verify the identity of the project initiators and check the created project, and then approve the project at its own discretion, return it for corrections, or reject it. CROWDIFY.NET cannot determine the identity of the project initiators with absolute certainty. CROWDIFY.NET also has no influence on whether the project initiators actually use the contributions to carry out the project, and it does not guarantee that the contract between the booster and the project initiators will be properly fulfilled.


6. Contents


6.1 CROWDIFY.NET offers boosters and project initiators the opportunity to make images, text files, and video files (“content”) or to post links to this content on crowdify.net and to link such content to content on other websites (especially video hosting platforms) or social network profiles.


6.2 Boosters who consent to register their identity and project initiators can upload their own picture and/or link their personal information to their own profile on Facebook, Instagram, LinkedIn & Twitter as well as to their own website. Project initiators may advertise their project on crowdify.net and possibly on other content linked to crowdify.net.


6.3 Users may only post permissible content. In particular, content that violates the rights of third parties, in particular intellectual property rights (e.g. copyrights or trademark rights), personal rights, or which constitute a criminal offence (in particular by depicting pornography or violence, promoting racism, or being defamatory) is prohibited.


6.4 CROWDIFY.NET is not obliged to actively monitor the content that users make available on crowdify.net using its services. However, CROWDIFY.NET reserves the right to check content on a random basis and to remove inadmissible content at its own discretion. It will also review content if a third party submits a report that content posted by the user violates these terms. In such cases, boosters and project initiators authorise CROWDIFY.NET, at its own discretion, to disclose the contact details of the booster or project initiators to third parties in order to directly pursue the claims.


6.5 By creating or posting content, users grant CROWDIFY.NET a free, non-exclusive, unlimited and transferable right to use the content. CROWDIFY.NET may use the content in whole or in a modified form, alone or in combination with its own content, for advertising and promotional purposes on crowdify.net as well as on the websites and in the communication tools (e.g., Ron Orp’s mail) of its partners. The users confirm that they have checked, before creating or posting the content, that they have the necessary rights to dispose of any existing copyrights, patents, trademarks and design rights and that the contractual use does not infringe on the rights of third parties.


6.6 The users are responsible for the legality, correctness, and completeness of the content they have posted on crowdify.net. You undertake to indemnify CROWDIFY.NET from all claims by third parties related to content for which you are liable, provided that CROWDIFY.NET notifies the user of any filed claims within 20 days. The damage that must be compensated also includes the costs of proper legal defence for CROWDIFY.NET.


7. Warranty and liability


7.1 CROWDIFY.NET provides its services professionally and with due diligence. The services of CROWDIFY.NET are provided over the Internet, and CROWDIFY.NET cannot guarantee the uninterrupted availability or the correctness of their services. In particular, maintenance work, technical malfunctions, operational disruptions, and related failures may lead to temporary impairments or interruptions in the provision of services. CROWDIFY.NET is not liable for the consequences of such impairments or interruptions in the provision of services or the availability of crowdify.net.


7.2 CROWDIFY.NET is only liable for its own performance. Users acknowledge and agree that CROWDIFY.NET is unable to control whether successfully financed projects are actually carried out and whether the project initiators correctly and completely provide the promised goodies to the boosters. CROWDIFY.NET accepts no liability for this. Only the booster or project initiators will be held liable for breaches of contract in connection with the contract between the booster and the project initiators; in no case will CROWDIFY.NET be held liable.


7.3 Furthermore, any liability for damage caused by force majeure circumstances is excluded. In particular, state mandates and compulsory measures, unpredictable system failures, interruptions in communications networks, and other reasons leading to the temporary unavailability of the CROWDIFY.NET service are deemed to constitute force majeure.


8. Privacy policy


See our separate Privacy Policy.


9. Final provisions


9.1 Should one or more provisions of these Terms of Use be found to be void or invalid, this will not affect the validity of the remaining provisions. The void or invalid provision will be replaced by one that comes as close as possible to the economic intentions of the void or invalid provision.


9.2 CROWDIFY.NET reserves the right to change these Terms of Use at any time. Changes will be made available on crowdify.net and will take effect 30 days after they come into force.


9.3 These Terms of Use and any disputes arising from or in connection with the contractual relationship between CROWDIFY.NET and the user will be solely governed by substantive Swiss law. The ordinary courts at the headquarters of CROWDIFY.NET represent the exclusive place of jurisdiction. Alternatively, CROWDIFY.NET may bring action against users at their places of domicile.

 

Click here for version 5.0, Zurich, April 2018
Zurich, October 2021, Version 6.0