Terms and Conditions

Swiss American Giving GmbH – Foundation Fund and Charity Fund Terms and Conditions

Important Legal Disclaimer: Swiss American Giving GmbH (“SAGG”) does not provide legal, financial, or tax advice. All information and services are provided for general charitable giving purposes only. We strongly urge you to consult with your own attorney, financial advisor, and tax advisor before making any donation or relying on any documentation from SAGG. SAGG cannot guarantee that any gift will be tax-deductible in your specific circumstances – that determination is ultimately up to you and your advisors.

Introduction and Acceptance of Terms

This document sets forth the Terms and Conditions (the “Terms”) for use of SAGG’s charitable giving platform and services. It is a legally binding agreement between you (the individual or entity using SAGG’s services, whether as a donor or a grantee) and Swiss American Giving GmbH, a non-profit company based in Bern, Switzerland (“SAGG,” “we,” or “us”). These Terms apply to all users of SAGG’s giving services – including donors (who contribute to a Foundation Fund) and charitable recipients (who receive grants through a Charity Fund). By applying for or opening a Foundation Fund, by making a donation to SAGG, by recommending a grant, or by receiving a grant from a Charity Fund, you acknowledge that you have read and agree to these Terms and Conditions. If you do not agree to every part of these Terms, you are not authorized to use SAGG’s services.

SAGG’s Charitable Status: SAGG is organized exclusively for charitable purposes and is recognized as a tax-exempt, non-profit entity under Swiss law. It operates in a manner consistent with an IRS 501(c)(3) public charity. This means that no part of SAGG’s earnings or assets inures to the benefit of any private individual or shareholder. SAGG is prohibited from distributing profits or dividends; all assets of SAGG are permanently dedicated to charitable uses. In the event that SAGG is dissolved, any remaining assets (after satisfying liabilities) will be irrevocably transferred to another tax-exempt non-profit organization in Switzerland with a similar charitable purpose. (Donors and founders of SAGG have no right to reclaim donations or assets – contributions are not refundable under any circumstances.)

Definitions: In these Terms, a “Foundation Fund” refers to a donor-advised charitable fund or account established under SAGG for the purpose of receiving your irrevocable charitable contributions and facilitating grant recommendations. A “Charity Fund” refers to a charitable grant fund or account from which SAGG makes grants to a designated beneficiary organization (grantee). “Donor” refers to any individual or entity contributing to SAGG (and establishing a Foundation Fund), and “Grantee” refers to any charitable organization approved to receive grants through SAGG (via a Charity Fund).

Terms for Donors (Foundation Fund Holders)

If you are a donor to SAGG, the following terms apply to your contributions and any advisory privileges you may have regarding grants from your Foundation Fund:

Irrevocability of Gifts: You understand and agree that every contribution you make to SAGG – whether cash, securities, or other property – is an irrevocable charitable gift to SAGG. Once your donation is accepted, you cannot reclaim it. Your gift is non-refundable and given without any expectation of return, benefit, or future repayment. You further represent that your contribution is made from your own assets, will not render you insolvent, and is not made under any fraudulent or voidable conditions (for example, it is not a transfer intended to defraud creditors).

SAGG’s Ownership and Control: Upon acceptance of your donation, SAGG becomes the legal owner of the gifted assets and has exclusive control over those funds for charitable purposes. SAGG will hold and manage donated funds at its sole discretion to further its charitable mission, subject only to the broad requirement that funds be used for legitimate charitable purposes under Swiss law. While SAGG will take into account your grant recommendations (as described below), all donations are made unconditionally – you relinquish any legal right to dictate how the funds are ultimately used. SAGG retains full discretion over distributions of donated funds, and may accept or decline any particular contribution or grant recommendation at its discretion. Once a donation is accepted, the charitable gift is completed and cannot be rescinded or returned.

Donor Advisory Privileges (Grant Recommendations): As the donor establishing a Foundation Fund, you are typically granted the privilege (but not a right) to recommend how your donated funds should be granted out to charities. You may be permitted to recommend grants from your Foundation Fund to specific charitable organizations or purposes, and to designate other individuals as advisors on your fund. However, any advice or grant recommendations you (or your advisors) provide are advisory only and not binding on SAGG. SAGG, in line with legal requirements, must retain final authority over all grant distributions. We will generally strive to honor donor recommendations if they align with SAGG’s charitable purposes and policies, but we cannot guarantee that every suggestion will be approved.

No Private Benefit or Self-Dealing: When exercising any advisory privileges, you agree not to recommend any grant that would result in you, or any related party, receiving more than an incidental benefit in return. In other words, grants cannot be used to enrich donors or other private individuals. Prohibited benefits include (but are not limited to) grants that fulfill a personal obligation or pledge of the donor, pay for memberships, tickets, or sponsorships that primarily benefit the donor, provide tuition or school fees for a specific person, confer valuable goods/services to the donor, or otherwise violate the prohibition on private benefit. If you or someone related to you is offered any impermissible benefit as a result of a grant recommendation you made, you must decline or refuse that benefit. All grants from SAGG must serve bona fide charitable purposes only, and cannot be used to discharge a donor’s personal financial obligations or to secure personal privileges.

Proper Grant Purposes: You agree that your grant recommendations will comply with all applicable laws and SAGG policies. For example, you will not recommend grants to organizations or for purposes that are outside of SAGG’s charitable scope or violate Swiss or U.S. laws (such as political campaign contributions, non-charitable campaigns, or grants to individuals or non-qualified entities). SAGG will perform due diligence on recommended grantees; if a proposed grantee or purpose does not meet our criteria or legal requirements, SAGG may decline the recommendation or suggest an alternative. If you inadvertently (or intentionally) recommend a grant that breaches these Terms or any laws/regulations, you agree to cooperate with SAGG in taking corrective action. This may include assisting in recovering the grant funds if they have already been disbursed, reimbursing any portion of the grant that cannot be recovered, and indemnifying (holding harmless) SAGG for any costs or liabilities it incurs as a result of the improper grant. In practical terms, this means you might be asked to cover SAGG’s losses or expenses (including legal fees) if a grant you advised causes legal or tax problems due to a violation of these rules.

Fund Structure and Donor-Advised Fund Custodians: Please note that SAGG works in partnership with certain charitable organizations to facilitate cross-border giving and the management of donor-advised funds. In particular, SAGG collaborates with TrustBridge Global Foundation and Fondation Générosité (a Swiss charitable foundation) to act as custodians for donor funds. As a result, establishing a Foundation Fund with SAGG may involve opening a donor-advised fund account with either TrustBridge or Fondation Générosité (depending on what is most appropriate for your tax situation and preferences). Your contributions to SAGG may be held in such an account before being granted out to your recommended charities. This structure enables SAGG to provide you with the benefits of dual tax deductibility (see below) and professional fund administration. All donor contributions are subject to a modest administrative fee to support SAGG’s operations and grantmaking process. Currently, a fee equal to 1% of each grant is assessed at the time grants are made; this fee is typically deducted from the grant amount (i.e. the recipient charity bears the fee out of the proceeds). For example, if you recommend a CHF 10,000 grant to a charity, CHF 9,900 may be delivered to the charity, with CHF 100 retained as the grant administration fee. SAGG may adjust its fee policies from time to time, but any changes will be communicated in advance. No commissions or monetary benefits go to donors or fund advisors; all fees are used solely to support charitable facilitation.

Tax Deductibility and Receipts: One of the advantages of giving through SAGG is the ability to support charitable causes while potentially obtaining tax benefits in both Switzerland and the United States (if you are subject to taxes in those jurisdictions). After your donation is processed and accepted, you will receive appropriate documentation (tax receipts or acknowledgment letters) to support claiming deductions on your Swiss and U.S. tax returns. In general, SAGG will issue a Swiss charitable donation receipt for use in Switzerland, and our partner (TrustBridge Global Foundation’s network member) will issue a donation receipt meeting IRS requirements for U.S. tax deduction purposes. However, it remains your responsibility to ensure that you are eligible for any tax deductions and that you comply with the requirements of your tax authorities. SAGG cannot and does not guarantee that a donation will be tax-deductible for you; tax laws are complex and personal circumstances vary. We strongly recommend that you consult with your tax advisor regarding the tax treatment of any contributions, especially if you plan to claim deductions in any country. SAGG’s receipts and documentation are intended to assist you and your advisors, but do not constitute tax advice or a guarantee of deductibility.

Terms for Grantees (Charitable Recipients)

If you are a charitable organization or grantee receiving funding from a SAGG Charity Fund, the following terms apply to any grants you receive:

Use of Funds: You agree to use 100% of the grant funds received from SAGG strictly for charitable purposes that align with your organization’s mission and the specific project or use approved by SAGG. All funds must be applied in accordance with the proposal or purpose for which the grant was given, and consistent with the charitable objectives communicated to SAGG. You will not use any portion of the funds for purposes outside what was represented in your grant application or agreement with SAGG without obtaining prior written approval from SAGG. This means, for example, you may not redirect the funds to a different project or use them for non-charitable expenditures such as general lobbying, political campaigns, or personal benefit. Funds should be expended in a timely manner and in compliance with any budget or timeline you provided.

Transparency and Accountability: You agree to maintain clear records of how grant funds are spent and to act with transparency and integrity in all dealings related to the grant. Upon request, you will provide SAGG with reasonable documentation or reports demonstrating the use of the funds and the outcomes achieved. SAGG may require periodic updates or a final report on the project funded; you must comply with these reporting requirements as a condition of receiving the grant.

SAGG’s Oversight Rights: SAGG retains the right to monitor and audit the use of any funds granted to ensure they are used in compliance with these Terms and intended charitable purposes. You acknowledge that SAGG may, at its discretion, inquire into or review your activities related to the grant. This could include requests for financial statements, receipts, project data, or other evidence of proper fund usage. If SAGG identifies or reasonably suspects that grant funds have been misused, diverted, or not handled in accordance with the agreed purpose (for example, evidence of fraud or the funds being used for unapproved purposes), SAGG may temporarily suspend any further disbursements from the relevant Charity Fund while the issue is investigated. Suspension means no new grants or installments will be paid until the matter is resolved. SAGG may also take other protective measures, such as requiring the funds to be held in a separate account, pending investigation.

Cooperation in Investigations: In the event SAGG initiates an inquiry or investigation regarding the grant, you agree to fully cooperate with SAGG. Cooperation includes providing prompt and truthful responses to questions, furnishing requested documents or records about the grant’s expenditure, and making relevant personnel (staff, project managers, accountants, etc.) available to discuss the project’s progress and financial details. If SAGG or its designated auditors need to visit your offices or project sites to verify information, you will accommodate such visits within reason. This cooperative stance is essential to maintain trust and ensure that charitable funds are creating the intended impact. If an investigation finds that funds were misused or not spent as agreed, you may be required to refund the misused portion or take other corrective actions. SAGG reserves the right to take legal action or other remedies to recover misused funds or address misconduct if necessary, although we hope and expect that all grantees will use grants properly so that such steps are not required.

Prohibited Uses and Compliance: You confirm that you will not use any grant funds for any illegal purpose, for any purpose that would jeopardize SAGG’s status as a charitable organization, or in violation of any sanctions, anti-terrorism, or anti-money laundering laws. Funds may not be re-granted to other organizations or individuals unless explicitly approved by SAGG (e.g., if the grant is for a re-granting program). If you are unable to use the funds as intended or if any circumstances change that could affect the use of the funds, you must inform SAGG as soon as possible. SAGG may provide guidance or require that remaining funds be returned or redirected to an alternate charitable use.

General Provisions

Legal Compliance and Cooperation with Authorities: SAGG is committed to complying with all applicable laws and expects the same of all donors and grantees. We reserve the right to cooperate with law enforcement and regulatory authorities as required. This means SAGG may disclose information about donations, grants, or users to government agencies or regulators if we receive a lawful request or if such disclosure is necessary to comply with an investigation into potential wrongdoing. By using SAGG’s services, you consent to such disclosures and cooperation. Additionally, you represent that your contributions to SAGG are not derived from any illegal activities and that any grants received will not be used to finance unlawful or non-charitable activities.

No Professional Advice: You acknowledge that SAGG is a charitable platform and does not provide legal, tax, accounting, or other professional advice. SAGG, including its officers, directors, employees, and agents, is not engaged in rendering legal, tax, financial, or other professional services to you in connection with these Terms and Conditions. Any information, tools, FAQs, donor guides, or communications you receive from SAGG are for general educational and informational purposes only, and are not a substitute for advice from your own legal or tax professionals.

You are strongly encouraged to consult with your own legal counsel, tax advisors, and financial professionals before making any decision regarding charitable giving, tax deductions, or grant recommendations. The implications of a charitable donation can vary depending on your personal situation and the specific jurisdictions involved (including Switzerland, the United States, and any other country where you may reside or pay tax).

SAGG does not guarantee the accuracy or completeness of any general financial or tax information it provides. You remain solely responsible for ensuring that your donations and activities comply with the law, and for determining how any donation may affect your tax or legal status. SAGG disclaims any responsibility for the accuracy or sufficiency of any tax positions or legal filings you may make in connection with your charitable activities.

Disclaimers: SAGG PROVIDES ITS PLATFORM, SERVICES, FUND STRUCTURE, DOCUMENTS, MATERIALS, AND ALL RELATED CONTENT “AS IS,” WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by applicable law, SAGG and its partners (including any supporting foundations or custodians) disclaim all warranties—express or implied—including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, or non-infringement.

SAGG does not guarantee that your experience using its platform will be uninterrupted, secure, error-free, or that the information or documentation provided will be sufficient for your tax reporting needs. No warranty is made that communications or documents provided through SAGG’s systems (including email and digital platforms) will be kept confidential or secure. You acknowledge that internet transmissions are inherently insecure and that information you send to or from SAGG may be intercepted, even if encrypted.

SAGG is not responsible for any third-party content or material it may reference or link to, and makes no warranties regarding the accuracy, reliability, or legality of any third-party information.

Assumption of Risk: By using SAGG’s platform, donating to SAGG, making grant recommendations, or receiving funds from SAGG, you do so entirely at your own risk. You acknowledge that your reliance on any materials, information, or communications provided by SAGG is voluntary and undertaken at your own discretion. SAGG assumes no liability for any loss, damage, or adverse outcome that may result from your use of its services or your reliance on its materials.

Privacy: Any personal or organizational data collected by SAGG in the course of our operations will be handled in accordance with applicable data protection laws and our Privacy Policy (as published on our website). We will use and share data only as needed for charitable purposes, compliance obligations, and as described in our Privacy Policy. (Please review the Privacy Policy for details on how we collect and use information.)

Modification of Terms: SAGG may amend or update these Terms and Conditions from time to time. Generally, if we make a material change, we will post the updated Terms on our website and/or notify users via email or through the platform. Continued use of SAGG’s services (such as maintaining a Foundation Fund, making additional donations, or accepting grants) after an update constitutes your acceptance of the revised Terms. No verbal or written statement by any SAGG representative can modify these Terms except by official amendment. Please check our Terms periodically for updates. (Note: SAGG will not retroactively revoke or materially change any donor’s already-granted advisory privileges on contributions made prior to an amendment, unless required to do so by law or to comply with conditions of maintaining SAGG’s tax-exempt charitable status.)

Governing Law and Jurisdiction: This Agreement and any disputes arising from it are governed exclusively by the laws of Switzerland, without regard to its conflict of law principles. By using SAGG, you agree that any dispute or claim relating to these Terms, your donations, or grants shall be resolved under Swiss law. The parties will endeavor to resolve any disagreements amicably through discussion and negotiation. If a dispute cannot be resolved informally, it shall be submitted to the exclusive jurisdiction of the competent courts of Switzerland. (SAGG’s registered seat is in Bern, Switzerland, so unless otherwise required by law, the courts of Bern will likely be the proper forum.) Each party waives any objection to the Swiss courts’ jurisdiction on the grounds of inconvenient forum or any similar doctrine. Important: Nothing herein limits SAGG’s right to seek interim or injunctive relief in a competent court, if necessary, to protect charitable assets or prevent misuse of funds.

No Warranties; Limitation of Liability: SAGG’s services (including the platform, donor funds, and grantmaking processes) are provided on an “as is” and “as available” basis. While we strive for accuracy and reliability, SAGG makes no warranty that the services will meet all of a user’s expectations or that any outcome (e.g., a particular charitable impact or tax result) will be achieved. To the fullest extent permitted by law, SAGG disclaims any warranties, express or implied, regarding the services, including any warranty of merchantability or fitness for a particular purpose. Use of SAGG is at your own risk. SAGG, its directors, officers, employees, and agents shall not be liable for any indirect, consequential, special, or punitive damages arising out of or related to the use of our services. Direct damages (to the extent liability is not lawfully excluded) shall be limited to the amount of the donation or grant in question. These limitations apply to any claim based in contract, tort, or otherwise. (Note: Nothing in these Terms is intended to limit liability for gross negligence, fraud, or intentional misconduct to the extent such limitation is not allowed by law.)

Indemnification: You agree to indemnify and hold harmless SAGG and its partners (including TrustBridge Global Foundation and Fondation Générosité), and their respective officers and agents, from and against any claims, liabilities, losses, or expenses (including reasonable attorney’s fees) that arise from your violation of these Terms or your misuse of SAGG’s services. For example, if you are a donor and you breach the Terms by insisting on a grant that provides you a personal benefit, or if you are a grantee and misuse the funds, and as a result SAGG faces legal or financial consequences, you may be responsible for covering those costs.

No Agency or Guarantee of Outcomes: Your use of SAGG does not create any joint venture, partnership, or agency relationship between you and SAGG. Donors and grantees each act in their independent capacity. SAGG does not guarantee that any particular charitable project or outcome will be achieved through grants; that responsibility lies with the grantee organizations. Likewise, SAGG cannot guarantee that a donor’s charitable objectives will be fully met; we serve as a facilitator and steward of funds in good faith.

Severability: If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed (removed) and the remainder of the Terms shall continue in full effect. In such case, the invalid provision will be interpreted in a manner consistent with the law that most closely matches the original intent of the provision.

Entire Agreement: These Terms and Conditions represent the entire agreement between you and SAGG with respect to the subject matter herein, and supersede any prior agreements or communications (whether oral or written) relating to your use of SAGG’s Foundation Fund or Charity Fund services. No other document or representation by SAGG (except an official written amendment by SAGG) shall be construed to modify or contradict these Terms.

Assignment: You may not assign or transfer your rights or obligations under these Terms to any other party without SAGG’s prior written consent. SAGG may assign or delegate its rights and obligations (for example, to a successor non-profit organization or an affiliated entity) at any time, provided that the charitable purpose remains consistent.

Waiver: A failure by SAGG to enforce any part of these Terms shall not be deemed a waiver of our right to enforce that or any other part in the future. Any waiver of a provision of these Terms by SAGG must be made in writing and shall not imply a continuing waiver of that provision or any other provision.

Contact Information: If you have any questions about these Terms and Conditions, or need further information about SAGG’s services, please contact us using the contact details provided on our website. SAGG will be happy to assist and provide clarification regarding our platform, the donation process, or any related policies.

By using SAGG’s platform and services (whether as a donor or a grantee), you acknowledge that you have read, understood, and agree to these Terms and Conditions. These Terms are intended to facilitate a transparent, accountable, and legally compliant framework for philanthropic giving that benefits all parties – most importantly, the charitable causes that SAGG and its donors seek to support. Thank you for your cooperation and for contributing to the public good through SAGG.