Terms of Service - utilize.team

Last Updated: 10/07/2025

Scope of Application
Registration, Contract Formation
Services
Obligations
Reviews
Payment for Services
Contract Duration, Termination
Warranty and Liability
Data Protection
Alternative Dispute Resolution
Final Provisions

1. Scope of Application

1.1 Big Next Step GmbH, Clausewitzstr. 21, 42389 Wuppertal, registered with Amtsgericht Wuppertal under HRB 28725, represented by the managing directors Pascal Kremp, Tim Reitz – hereinafter "Utilize" –, is the operator of the Utilize online platform (hereinafter "Platform"). Utilize enables staffing agencies to collaborate and exchange personnel assignments to optimize workforce utilization. The following general terms of use apply to the free use of the Platform.

1.2 Deviating terms and conditions of the user shall not become part of the contract, even if Utilize does not expressly object to them in individual cases.

2. Registration, Contract Formation

2.1 Registration of the staffing agency is required to access all functions of the Platform. To do so, the user fills out the provided form and agrees to the applicable terms of use and the privacy policy. Upon registration, a contract for the use of the Platform is established with Utilize.

2.2 The conclusion of a user contract does not initially result in any payment obligations for the user, as the Platform is currently completely free to use. For future paid additional features, explicit confirmation and separate booking by the user is required before any costs arise.

2.3 Real names: Utilize is a community platform. Use requires providing your own first and last name. The name stored in the user account may be displayed within the Platform in connection with the user's activities (e.g., as the person responsible for assignments or profiles, as the creator of ideas, replies, or comments).

2.4 Company affiliation: If the user is assigned to a staffing agency, the respective company affiliation may be displayed together with the name.

3. Services

3.1 Utilize offers a platform for staffing agencies that want to exchange personnel assignments and collaborate. Utilize merely provides the Platform through which staffing agencies can contact each other.

3.2 Free basic features: The basic features of the Utilize Platform are currently completely free. Staffing agencies can create company profiles and post personnel assignments as well as profiles of employees, candidates, or international candidates. Utilize reserves the right to offer paid additional features in the future, which will only be activated after explicit confirmation and separate booking by the user.

3.3 Matching system: The Platform performs automatic matching between personnel assignments (customer needs) and available profiles. Matching is based on the following criteria:

Cross-agency: Only between different staffing agencies
Location: Within the travel radius of the profile
Availability: Time overlap between profile availability and assignment period
Experience: Matching of experience and training between profile and assignment
Roles: Matching of professional roles between profile and assignment
Placement type: Compatible placement types (direct placement and/or temporary work)

3.4 Expression of interest: In case of a match, staffing agencies can express interest. Further exchange and contractual arrangements take place outside the Platform between the parties involved.

3.5 The fulfillment of contracts initiated through Utilize takes place exclusively between the participating staffing agencies. They are not subject to any instructions from Utilize during execution and act on their own account.

3.6 Utilize does not itself provide staffing services. The staffing agencies are neither agents nor vicarious agents of Utilize. Contractual relationships for the provision of staffing services are established exclusively between the staffing agencies.

3.7 Utilize endeavors to generate suitable matches but does not guarantee successful placement.

3a. Community Features and Visibility

3.8 Community character: Utilize promotes collaboration and exchange among participating staffing agencies. Content and contributions from individual users can be viewed within the Platform by other registered users.

3.9 Name display: For transparent collaboration, the Platform displays the first and last name of the acting person at appropriate locations, such as

for responsibilities for assignments or profiles,
as the creator of ideas, replies, or comments,
for reviews and feedback,
in activity histories within enabled areas.

Where available, company affiliation may also be displayed.

3.10 Visibility context: Display only occurs to other registered users within the respective functional areas. The processing of personal data is governed by the privacy policy.

4. Obligations

4.1 In the event of disruptions in the use of the Platform, the user shall immediately inform Utilize of these disruptions.

4.2 The user shall inform Utilize in a timely manner of changes to their contact details at least in text form (email). In addition, Utilize enables independent modification of contact details by the user.

4.3 Accuracy of information: The user assures that they will enter their correct first and last name in the account and not use misleading pseudonyms, unless expressly permitted in individual cases.

4.4 Responsibility for content: The user ensures that the display of their name and contributions does not violate third-party rights, and that they remain responsible for published content under procurement law, copyright law, and data protection law.

4.5 Abuse: Pretending false identities or using other people's names is prohibited and entitles Utilize to block the account.

5. Reviews

5.1 Users of the Platform can submit reviews about other staffing agencies. Staffing agencies can respond to reviews submitted about them.

5.2 Reviews must be based on verifiable facts. They must be written objectively in accordance with the principle of fairness and must not contain insulting, defamatory, criminally relevant, or otherwise unlawful content. Multiple reviews are not permitted.

5.3 Statements made in reviews always represent statements of the author and not statements of Utilize.

5.4 Users have the option to report reviews. Utilize decides at its own discretion whether reviews are deleted or not.

5.5 By submitting a review, the user grants Utilize free of charge the spatially and temporally unlimited usage rights to their review text.

6. Payment for Services

6.1 The basic features of the Platform are currently free. There are no fees for basic use.

6.2 For future paid additional features, payment will be made through the provided payment methods. Paid features will only be activated after explicit confirmation and separate booking by the user. The user will be clearly informed of the costs incurred before any paid booking.

6.3 The user agrees that when selecting a paid feature, the necessary data for payment processing may be forwarded to the payment service provider.

6.4 Payments between staffing agencies for their business activities are processed outside the Platform.

7. Contract Duration, Termination

7.1 This contract for basic use of the Platform can be terminated at any time. Paid additional features may have separate contract terms, which will be clearly communicated at the time of booking.

7.2 This does not affect the right of the parties to terminate the contractual relationship through extraordinary termination for good cause. For Utilize, good cause exists if the user persistently violates their obligations.

7.3 Termination by Utilize is considered legally valid if a corresponding notification is sent to the email address provided by the user. User terminations must be at least in text form.

8. Warranty and Liability

8.1 Utilize is not liable for the execution of contracts between staffing agencies. Utilize is not a party to contracts between staffing agencies. Utilize is only liable for contract-typical, reasonably foreseeable damages. This limitation of liability does not apply to damages resulting from injury to life, body, and health, or in cases of intent and gross negligence.

8.2 Utilize strives to offer uninterrupted operation of the Platform. Complete, seamless availability of the Platform is technically not feasible. Utilize may restrict access to the Platform due to maintenance work, capacity concerns, and other events.

8.3 Utilize verifies the identity of staffing agencies through manual review of the company name and affiliation with the staffing industry. If affiliation with the industry cannot be proven, the account will be closed. Verification of licenses, qualifications, and professional suitability is the responsibility of the staffing agencies themselves.

8.4 Utilize assumes no responsibility for texts, images, and other content used by users on the Platform. Users bear the responsibility to ensure that third-party rights are not violated.

9. Data Protection

9.1 Data protection is governed by the privacy policy of Utilize, which can be accessed here.

9.2 Purpose of name display: The user's first and last name are displayed within the community features for the purpose of transparent assignment of responsibilities and contributions (legal basis: legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR in trustworthy collaboration on the Platform). Further details can be found in the privacy policy.

10. Alternative Dispute Resolution

10.1 The European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/. Utilize is not obligated to participate in dispute resolution proceedings before a consumer arbitration board.

11. Final Provisions

11.1 This contract remains binding in its remaining parts even if individual points are legally invalid. The statutory provisions shall take effect in place of the invalid points.

11.2 Amendments and supplements to the contract require written form.

11.3 In all disputes, the lawsuit must be filed with the court responsible for the registered office of Utilize, whereby mandatory provisions remain unaffected.

11.4 Utilize will inform the user of changes to these conditions in advance at least in text form. If the user does not object to the change within at least 4 weeks of notification, this shall be deemed consent to the change.

11.5 Utilize is entitled to transfer this contract with all rights and obligations to another company. Upon transfer, the user has a special right of termination, which must be asserted in writing within 14 days.

Status: 10/07/2025 - Version 1.0