Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you (“Client,” “you,” or “your”) and LatAm Scalers (“Company,” “we,” “us,” or “our”). By accessing or using our website at latamscalers.com (the “Website”) or engaging our services, you agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy.

If you are entering into these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization. If you do not agree, please do not use our Website or services.

We may update these Terms from time to time. We will notify you of material changes by posting a notice on the Website or by email at least 30 days before the changes take effect. Your continued use of our Website or services after the effective date of any update constitutes your acceptance of the revised Terms.

LatAm Scalers is a Dedicated Talent Partner that connects businesses with pre-vetted independent contractors from Latin America. We provide talent-matching, vetting, and ongoing contractor-relationship management services.

The specific scope, deliverables, pricing, and timeline for each engagement are governed by the applicable Service Agreement between you and LatAm Scalers. These Terms provide the general framework; in the event of a conflict, the Service Agreement controls.

Our services are available only to businesses and their authorized representatives. By using our services, you represent that: (a) you are at least 18 years old; (b) you have the legal authority to enter into these Terms on behalf of your organization; and (c) the information you provide to us is accurate and complete.

You are responsible for maintaining the confidentiality of any account credentials, access tokens, or other information used to interact with our services, and for all activity that occurs under your account.

Service fees, billing cadence, and payment terms are specified in your Service Agreement. Unless otherwise agreed in writing:

• Invoices are issued monthly and due within 15 days of the invoice date.
• Late payments accrue interest at 1.5 % per month (or the maximum rate permitted by law, whichever is lower).
• All fees are stated in U.S. Dollars and are exclusive of applicable taxes.

Engagements are month-to-month unless a different term is specified in your Service Agreement. Refund and credit policies, if any, are governed by your Service Agreement.

Subject to payment in full, all Work Product created by Contractors under your engagement is assigned from the Contractor to LatAm Scalers and from LatAm Scalers to you, as set forth in the applicable Service Agreement. LatAm Scalers retains no ownership interest in your Work Product.

Each party retains ownership of its pre-existing intellectual property. We grant you a limited, non-exclusive, non-transferable license to use our Website and any materials we provide solely for the purpose of evaluating and using our services.

Each party agrees to hold the other’s Confidential Information in strict confidence and to use it only for the purposes contemplated by these Terms or the applicable Service Agreement. Neither party will disclose Confidential Information to third parties except to its employees, contractors, or advisors who need to know and are bound by obligations at least as protective as these.

These confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed without use of or reference to the disclosing party’s Confidential Information; or (d) is required to be disclosed by law, provided that the receiving party gives prompt notice when legally permitted.

Confidentiality obligations survive termination of these Terms for a period of three (3) years.

When using our Website, you agree not to:

• Use the Website for any unlawful purpose or in violation of these Terms.
• Attempt to gain unauthorized access to any part of the Website or its underlying systems.
• Reverse-engineer, decompile, or disassemble any part of the Website.
• Scrape, crawl, or use automated tools to extract data from the Website without our prior written consent.
• Interfere with or disrupt the Website’s integrity or performance.
• Transmit viruses, malware, or other harmful code.

AS-IS BASIS. The Website and services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

NO GUARANTEES. We do not guarantee: (a) specific project outcomes or deliverable quality; (b) Contractor performance, availability, or continued engagement; or (c) compliance with specific industry standards or regulations.

PROFESSIONAL SERVICES. LatAm Scalers does not provide services requiring professional licensure (such as professional engineering stamps, architectural seals, or legal advice). Clients retain all professional liability for deliverables that require licensed oversight.

LIABILITY CAP. To the maximum extent permitted by law, LatAm Scalers’ total aggregate liability arising out of or relating to these Terms or any Service Agreement shall not exceed the amounts paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim.

EXCLUSION OF DAMAGES. In no event shall either party be liable for indirect, incidental, consequential, special, or punitive damages, or for loss of profits, revenue, data, or business opportunity, regardless of the theory of liability.

Each party agrees to indemnify, defend, and hold harmless the other party and its officers, directors, and employees from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) the indemnifying party’s breach of these Terms; (b) the indemnifying party’s negligence or willful misconduct; or (c) the indemnifying party’s violation of applicable law.

Either party may terminate these Terms or any Service Agreement with thirty (30) days’ prior written notice to the other party. We may terminate immediately if you breach these Terms and fail to cure the breach within fifteen (15) days of written notice.

Upon termination: (a) you remain responsible for payment for all services rendered through the effective date of termination; (b) each party shall return or destroy the other’s Confidential Information; and (c) the provisions regarding intellectual property, confidentiality, limitation of liability, indemnification, and governing law survive termination.

These Terms are governed by the laws of the state in which the Company maintains its principal place of business, without regard to conflict-of-law principles.

Before initiating any formal dispute-resolution proceeding, the parties agree to attempt in good faith to resolve any dispute through direct negotiation for a period of thirty (30) days. If the dispute is not resolved, it shall be submitted to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration shall be conducted by a single arbitrator in the state where the Company maintains its principal place of business.

CLASS ACTION WAIVER. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.