Terms & Conditions

Last Updated: August 9, 2025

Welcome to egtos ("the Platform"). By registering for, accessing, or using the Platform, you agree to be bound by these Terms & Conditions. If you do not agree, you must not use the Platform.

Effective Date: August 9, 2025

1. Introduction
egtos is an online service operated by egtos GmbH that enables companies to connect and form a network of partners, trade excess human capacity between partner organizations, and include independent consultants and consulting firm consultants into project teams formed by trading partners.
2. Definitions
User:
Any individual or entity that registers on or uses the Platform.
Partner Company:
A corporate User engaged in capacity trading and/or collaboration.
Independent Consultant:
A self-employed professional registered on the Platform.
Consulting Firm Consultant:
An individual employed by a consulting firm and registered on the Platform with the firm's consent.
Human Capacity:
Professional staff time, expertise, and resources offered for collaboration or trade.
Project Team:
A group formed on the Platform to deliver specific work agreed between trading partners.
Service Fee:
Any fee charged by the Platform for facilitating connections, transactions, or project collaborations.
3. Eligibility
To use the Platform, you must: be at least 18 years old; have the legal capacity to enter into binding contracts; if representing a company, have the authority to bind that company to these Terms; ensure that any human capacity you trade or assign is authorized and compliant with applicable labor laws.
4. Account Registration & Access
Accurate Information:
You agree to provide accurate, current, and complete information during registration.
Account Security:
You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
Multiple Roles:
A single account may act as a partner company, independent consultant, or consulting firm representative, provided profile details reflect your role accurately.
5. Use of the Platform
Permitted Use:
You may use the Platform solely for networking with partner companies, trading excess human capacity, and forming and managing project teams.
Prohibited Use:
You must not misrepresent skills, capacity, or authorization; post misleading, false, or unlawful information; circumvent Platform fees or terms by conducting off-platform deals without written consent; or use the Platform for unrelated marketing, spam, or competitive intelligence gathering.
6. Capacity Trading & Project Engagement
Capacity Listings:
Partner Companies and Consultants may list available human capacity including skills, rates, and availability.
Engagement Process:
Engagements between Users must be confirmed via the Platform's agreement mechanism.
Direct Contracts:
Unless otherwise agreed, all work is subject to a separate contractual agreement between the engaging parties. The Platform is not a party to such contracts.
Compliance:
Each party is responsible for ensuring compliance with labor, immigration, and tax laws applicable to engagements.
7. Payment Terms
Service Fees:
The Platform may charge a service fee for successful matches, introductions, or capacity trades.
Payment Processing:
Payments between parties may be facilitated through the Platform's secure payment gateway or directly as agreed between parties.
Non-Payment:
The Platform is not responsible for non-payment between parties unless payment is processed through the Platform.
8. Intellectual Property
User Content:
You retain all rights to content you submit, but grant the Platform a worldwide, non-exclusive, royalty-free license to use it solely for providing services.
Project Deliverables:
Ownership of project deliverables shall be governed by the separate contract between the trading partners and/or consultants involved.
Trademarks & Branding:
Use of the Platform's name, logo, or trademarks requires prior written permission.
9. Confidentiality
Confidential Information:
Any non-public business, technical, or project-related information shared via the Platform must be treated as confidential unless expressly stated otherwise.
Non-Disclosure Obligations:
Users must not disclose confidential information to third parties without consent, except where required by law.
10. Warranties & Disclaimers
No Employment Relationship:
The Platform does not employ Users or guarantee work availability.
No Guarantee of Outcomes:
We do not guarantee the success of any project or capacity trade.
User Responsibility:
Each User is solely responsible for verifying the credentials, skills, and suitability of other Users before engaging them.
11. Limitation of Liability
To the maximum extent permitted by law, the Platform is not liable for any indirect, incidental, or consequential damages arising from use. The total liability of the Platform to any User for any claim shall not exceed the total service fees paid by that User in the 12 months preceding the claim.
12. Termination
By User:
You may close your account at any time.
By Platform:
We may suspend or terminate your account if you breach these Terms or engage in conduct detrimental to the Platform.
Post-Termination Obligations:
Provisions relating to confidentiality, IP rights, and limitations of liability survive termination.
13. Dispute Resolution
Negotiation First:
Users agree to attempt resolution through good faith negotiations before pursuing legal remedies.
Governing Law:
These Terms are governed by the laws of Switzerland.
Arbitration:
Disputes shall be settled by binding arbitration under applicable Swiss arbitration rules, unless the parties agree otherwise.
14. Conflict of Interest
Disclosure Obligation:
Users must promptly disclose to the Platform and to any relevant project participants any actual, potential, or perceived conflict of interest that may affect their impartiality, professional judgment, or performance in a project or capacity trade.
Prohibited Participation:
Where a conflict of interest cannot be mitigated to the satisfaction of all affected parties, the conflicted User may be excluded from the relevant engagement or project.
Consultant Independence:
Independent consultants and consulting firm employees must ensure their participation does not breach any contractual, employment, or fiduciary obligations to current or former employers, clients, or partners.
15. Non-Solicitation
Non-Circumvention:
Users agree not to bypass the Platform to engage, contract, or otherwise work directly with any other User introduced via the Platform for a period of 12 months after the last communication or engagement facilitated through the Platform, unless expressly permitted in writing by the Platform.
No Poaching of Personnel:
Users shall not, directly or indirectly, solicit for employment or contract any personnel (including employees, contractors, or consultants) of another User introduced via the Platform during the term of a project and for 6 months thereafter, without prior written consent from that User.
Breach Consequences:
Any breach of this clause may result in immediate account suspension, termination, and potential recovery of lost service fees or damages.
16. Changes to Terms
We may update these Terms from time to time. Any changes will be posted on the Platform with a revised effective date. Continued use constitutes acceptance of changes.
17. Contact Information
For questions about these Terms, contact: egtos GmbH at contact@egtos.ch