These General Terms and Conditions (GTC) govern the relationship between Rocket Surgery Labs GmbH, Oberfeld 25, 6430 Schwyz (hereinafter the «Operator»), and the users of the platform Grialto (hereinafter the «User»). By registering, submitting a donation pledge, making a voluntary contribution (clause 2.4), or otherwise using the Platform, the User accepts these GTC. The version published at the time of consent is authoritative.
2.1 Grialto is a directory and intermediary service. Athletes create performance-based challenges; supporters make donation pledges whose amount depends on the result the athlete achieves.
2.2 With respect to the donation pledges made within the scope of challenges, the Operator is neither a payment intermediary nor a donation collector (fundraiser). It does not process any such donation funds and does not act as recipient, trustee or intermediary of these donations. Such donations flow directly and outside the Platform between the supporter and the account designated in the challenge (the recipient's own account or an account named by the athlete), according to the challenge's payment details.
2.3 The payment transaction processed via an external payment service provider concerns the listing fee of the athlete (clause 4) and — insofar as offered — the voluntary support of the Platform (clause 2.4), but not the donation pledges under clause 2.2.
2.4 Voluntary support of the Platform. The Operator may offer Users the option to voluntarily support the Platform financially (e.g. «coffee» / tip). Such payments are voluntary contributions to the Operator for the operation of the Platform and do not constitute a donation within the scope of a challenge. Voluntary contributions are not refunded. Clause 2.2 remains unaffected.
2.5 No substantive review. The review of challenges by the Operator (clause 4.2) is a formal and editorial review. In particular, it does not include any verification of the accuracy of the athlete's statements (including the declared beneficiary), of the identity, trustworthiness or charitable status of the recipient designated by the athlete, or of the athlete's authority to solicit donations for the benefit of that recipient. The release or publication of a challenge does not constitute any assurance, recommendation or warranty by the Operator regarding the challenge, the athlete or the recipient.
3.1 A user account is required for creating and managing challenges. No user account is required to submit a donation pledge.
3.2 The details provided upon registration or upon submitting a donation pledge must be truthful and complete.
3.3 Account holders keep their access credentials secret and are responsible for activities under their account.
4.1 A one-time listing fee is charged for publishing a challenge. The amount of the fee is shown to the athlete before the payment process; the amount displayed during the payment process is authoritative.
4.2 Payment is made via an external payment service provider. After successful payment, the challenge is released for review by the Operator.
4.3 Immediate performance / waiver of the right of withdrawal. During the payment process, the athlete expressly requests the immediate processing and publication of their listing and acknowledges that any right of withdrawal expires upon the full performance of the service (cf. clause 6). Consent is obtained separately during the payment process, and conclusion of the contract is confirmed by e-mail.
5.1 As long as the challenge has not yet been released (published) by the Operator, the athlete may cancel the challenge. In this case, the listing fee is refunded less the processing fee. The processing fee that applies is the one in force at the time of payment, in the payment currency, as listed on the pricing page. Clause 6.3 remains reserved.
5.2 After release/publication, there is no claim to a refund, as the service (review and publication) has been performed.
5.3 Further consequences of a cancellation (e.g. informing supporters, ending the challenge) are governed by the Platform's cancellation process.
6.1 Under Swiss law there is no statutory right of withdrawal for contracts concluded online (Art. 40a et seq. of the Swiss Code of Obligations cover only doorstep and telephone transactions).
6.2 Insofar as a User is entitled, as a consumer in the EU, to a 14-day right of withdrawal, this right expires when the service has been fully performed at the User's express request before the expiry of the withdrawal period (clause 4.3).
6.3 If a consumer habitually resident in the EU exercises a mandatory right of withdrawal before the service has been fully performed, the Operator refunds the listing fee less a proportional amount for the part of the service already performed up to the withdrawal. The processing fee under clause 5.1 is not charged in this case.
7.1 Donation pledges are morally binding declarations by the supporter towards the recipient. They are not enforced or collected by the Platform.
7.2 The donation is executed on the supporter's own responsibility, directly to the account designated in the challenge, according to the challenge's payment details.
7.3 The Platform may inform supporters and athletes about pledged or calculated amounts (e.g. through confirmation or reminder e-mails). Such notifications serve informational purposes only and constitute neither an enforcement nor a collection of the donation pledge by the Operator.
8.1 The athlete provides truthful and complete information, in particular regarding the event, discipline (e.g. distance or duration), goal and the result achieved.
8.2 The athlete warrants that the details concerning the designated recipient — including the payment details for executing the donation — are accurate. Where the beneficiary is a club, team or organisation, the athlete further warrants that they are authorised to solicit donations for the benefit of that beneficiary; upon the Operator's request, the athlete provides evidence of this authorisation.
8.3 The athlete ensures that the content they provide (in particular texts) is lawful and does not infringe the rights of third parties.
8.4 Permissible recipients. Any lawful purpose that is truthfully disclosed is permissible as a recipient — in particular charitable, non-profit, sporting, cultural or community purposes. In particular, it is also permissible for the athlete to collect donations for themselves or for their own club or team (for instance to fund their own athletic career or to support a team), provided the challenge declares it as the beneficiary. The beneficiary declared in the challenge (own journey / own club or team / organisation) must be truthful. Not permitted are:
The Operator decides on admissibility at its sole discretion (clause 9).
8.5 Passing on collected amounts. Where the athlete collects for a club, team or organisation on an account they name, they pass on the full amount to that recipient without delay and provide evidence of this upon the Operator's request.
9.1 The Operator may block or delete accounts and may at any time remove challenges — including already published ones — in whole or in part, or suspend their publication, in particular in the event of violations of these GTC, reports by third parties, suspicion of untruthful information or abuse, or to protect the Platform, its Users or third parties. The Operator is not obliged to disclose the reasons.
9.2 In these cases there is, to the extent legally permissible, no claim to a refund of the listing fee; the service is deemed performed upon release (clause 5.2).
10.1 The Operator is liable for damages only in cases of intent and gross negligence. Liability for slight negligence is excluded to the extent legally permissible. Liability for intent and gross negligence remains in any event (Art. 100 of the Swiss Code of Obligations).
10.2 The Operator is not liable for the fulfilment of donation pledges, for the conduct of Users or recipients, or for content provided by Users.
The User indemnifies the Operator against all third-party claims based on the content provided by the User, the User's statements (including the designation of a recipient pursuant to clause 8.4, including the declared beneficiary) or the User's use of the Platform in violation of these GTC or applicable law, including reasonable costs of legal defence. This does not apply to the extent the User is not responsible for the violation.
The processing of personal data is governed by the Privacy Policy.
The Operator may amend these GTC. In the case of material changes, consent for continued use is obtained again. The version accepted at the relevant time is authoritative.
Swiss law applies exclusively, to the exclusion of conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is, to the extent legally permissible, the registered seat of the Operator in Schwyz.
Should any provision of these GTC be invalid, the validity of the remaining provisions remains unaffected.
The German version of these GTC is authoritative. In the event of discrepancies between the German version and a translated version, the German version prevails.