Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your access to and use of the services provided by Employ Latam Labs ("Employ Latam", "we"). By signing an order form, creating an account, or using the platform, you ("Customer") agree to be bound by these Terms.

2. The service

Employ Latam provides Employer of Record (EOR) and contractor payment services in 19 Latin American countries. Specifically, Employ Latam or its local affiliates will:

• Become the legal employer of your designated workers in the relevant country.
• Draft and execute compliant local employment or contractor agreements.
• Run payroll, withhold taxes, and remit statutory contributions.
• Administer mandatory and optional benefits as agreed in your service order.

Customer remains responsible for the day-to-day work direction, performance management, and intellectual property assignments of the workers.

3. Fees and billing

• Fees are listed on the order form or, where applicable, on our pricing page.
• Invoices are issued monthly in advance, in USD, and are payable within 14 days of issue.
• Statutory contributions, taxes, and pass-through costs (benefits premiums, FX) are billed at cost on the same invoice and itemized.
• Employ Latam reserves the right to update prices with 60 days' notice. Existing employee placements are not affected by price changes during their first 12 months.

4. Term and termination

These Terms remain in effect while you have active employees or contractors on the platform. Either party may terminate for convenience with 60 days' written notice; mid-term offboarding is governed by the local labor law of the affected country and is the cost responsibility of the Customer (e.g., severance, notice pay).

5. Customer responsibilities

• Provide accurate worker information, salary, and role details.
• Comply with all anti-discrimination, anti-harassment, and labor laws applicable to the work.
• Not direct the worker to perform work that would violate local law.
• Indemnify Employ Latam for claims arising from the work itself (as opposed to claims arising from Employ Latam's execution of payroll, benefits, or contracts).

6. Confidentiality

Each party will protect the other's confidential information with the same care it uses for its own, and not less than reasonable care. Confidential information may be disclosed when compelled by law, after notice to the other party where lawful.

7. Data processing

Employ Latam processes personal data as described in the Privacy Policy. A Data Processing Addendum (DPA) is available on request and is incorporated into these Terms by reference for customers that require it.

8. Liability

Except for fraud, gross negligence, or willful misconduct, each party's aggregate liability under these Terms is limited to the fees paid to Employ Latam in the 12 months preceding the claim. Neither party is liable for indirect, consequential, or lost-profit damages.

9. Compliance representations

Employ Latam represents that it operates in good standing with local labor and tax authorities in each country it serves, holds the licenses required to act as an EOR or HR services provider, and remits statutory contributions on time. Customer represents that it has the authority to engage the workers it places on the platform.

10. Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. Disputes will be resolved by binding arbitration administered by the American Arbitration Association. Either party may seek injunctive relief in any court of competent jurisdiction.

11. Changes

We may update these Terms; we'll provide at least 30 days' notice of material changes by email. Use of the platform after the effective date constitutes acceptance.

12. Contact

Questions: [email protected].