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Terms of Service

Last updated: June 12, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Nearwork LLC ("Nearwork," "we," "us," or "our"), a Wyoming limited liability company with its principal place of business at 30 N Gould St, Ste R, Sheridan, WY 82801 (EIN: 42-2888032).

By accessing or using www.nearwork.co, talent.nearwork.co, jobs.nearwork.co, app.nearwork.co, or any other Nearwork service (collectively, the "Platform"), you agree to be bound by these Terms. If you are using the Platform on behalf of a company, you represent that you have the authority to bind that company to these Terms.

If you do not agree to these Terms, you may not access or use the Platform.

2. Who We Are and What We Do

Nearwork is a remote staffing agency that connects US and Canadian companies with Colombia-based talent. Our services include:

  • Direct Recruiting: Sourcing, screening, and placing candidates for Client companies
  • Employer of Record (EOR): Employing talent on behalf of Clients without requiring a local entity
  • Managed Teams: Providing dedicated teams with leadership and operational support
  • Strategic Partner Program: White-label recruiting for partner staffing firms

Commercial terms for these services are governed exclusively by the signed Master Service Agreement (MSA) and applicable Service Orders between Nearwork and each Client. These Terms govern use of the website and platform; they do not replace or supersede the MSA.

3. Eligibility

  • You must be at least 18 years of age to use the Platform.
  • Candidates must be legally authorized to work and must accurately represent their identity, qualifications, and work eligibility.
  • Clients must be authorized representatives of a legitimate business entity.
  • By using the Platform, you represent that all information you provide is accurate, current, and complete.

4. Candidate Terms

4.1 Account Creation and Profile

When you create a candidate account, you must:

  • Provide accurate and truthful information about your identity, experience, and qualifications
  • Keep your account credentials confidential
  • Notify us immediately if you suspect unauthorized access to your account
  • Accept these Terms via the checkbox provided during registration — this acceptance is legally binding

4.2 CV Upload and AI Parsing

When you upload a CV to the Platform, you authorize Nearwork to:

  • Process your CV using Affinda, an AI-powered document parsing service, to extract and structure your professional information
  • Store the extracted data on Firebase (Google Cloud infrastructure)
  • Use the parsed data to populate and maintain your candidate profile

You retain ownership of your CV and its contents. By uploading it, you grant Nearwork a non-exclusive, royalty-free license to use the content solely for the purpose of providing our recruitment services to you.

4.3 Profile Presentation to Clients

By applying to a role on the Platform, you authorize Nearwork to present your profile — including your CV, assessment results, and interview recordings (where applicable) — to the Client company that posted that specific role. We will not present your profile to other Clients without your application.

4.4 Interview Recordings

Interviews conducted via Microsoft Teams or other video platforms may be recorded. By participating in a recorded interview, you consent to the recording and its use for evaluation purposes. Recordings are retained for 90 days following the conclusion of the relevant role or process, then deleted.

4.5 Data You Must Not Submit

You must not submit any information that is false, fraudulent, or misrepresents your identity or qualifications. Submitting falsified documents or credentials may result in immediate removal from the platform and notification to affected Clients.

5. Client Terms

5.1 Commercial Agreement Governs

All commercial terms — including fees, payment schedules, service level commitments, replacement guarantees, and confidentiality obligations — are governed by the signed Master Service Agreement (MSA) between Nearwork and your company. These Terms of Service apply to platform access; the MSA governs the business relationship.

5.2 Candidate Data Obligations

By accessing candidate profiles through the Platform, Clients agree to:

  • Use candidate personal data solely for the purpose of evaluating candidates for the role in question
  • Delete all candidate personal data received from Nearwork upon conclusion of the hiring process for that role, whether or not a placement was made, as required by the MSA
  • Not share candidate data with any third party without the candidate's consent
  • Comply with all applicable privacy laws in your jurisdiction when handling candidate data

5.3 Prohibited Uses

Clients may not use the Platform or candidate data to:

  • Contact candidates outside of Nearwork's process without Nearwork's written consent
  • Circumvent Nearwork's placement process or fees
  • Build competitive databases of Colombian talent
  • Discriminate against candidates on the basis of any protected characteristic

6. Website Use and Intellectual Property

6.1 Permitted Use

The content on Nearwork's website — including text, graphics, logos, data, and software — is the property of Nearwork LLC and is protected by applicable intellectual property laws. You may access and view website content for personal, non-commercial informational purposes only.

6.2 Prohibited Conduct

You may not:

  • Copy, reproduce, distribute, or create derivative works from Nearwork content without written permission
  • Use automated tools (bots, scrapers, crawlers) to access, collect, or index Platform content
  • Attempt to reverse-engineer, decompile, or access any part of the Platform's source code
  • Introduce malware, viruses, or any code that could damage or interfere with the Platform
  • Use the Platform for any unlawful purpose or in violation of any applicable regulation
  • Misrepresent your identity or affiliation when using the Platform

7. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEARWORK DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
  • THAT THE RESULTS OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE
  • THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED

Nearwork does not warrant or guarantee that any specific candidate will be placed, that any placement will be successful, or that any candidate's stated qualifications are accurate.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEARWORK LLC AND ITS MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM.

TO THE EXTENT THAT NEARWORK'S LIABILITY CANNOT BE ENTIRELY DISCLAIMED, OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO NEARWORK IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, the above limitations apply to the maximum extent permitted.

9. Indemnification

You agree to indemnify, defend, and hold harmless Nearwork LLC and its members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of or access to the Platform
  • Your violation of these Terms
  • Your violation of any third-party right, including privacy rights
  • Any claim that your submitted content caused damage to a third party

10. Third-Party Services and Links

The Platform may contain links to third-party websites or integrate with third-party services (including but not limited to Google Analytics, HubSpot, Stripe, Affinda, and Microsoft Teams). Nearwork is not responsible for the content, privacy practices, or terms of any third-party service. Your use of third-party services is governed by their respective terms and policies.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict of law provisions.

11.2 Dispute Resolution

In the event of any dispute arising from or related to these Terms or your use of the Platform, the parties agree to first attempt to resolve the dispute informally by contacting Nearwork at support@nearwork.co. If the dispute is not resolved within 30 days, either party may pursue their legal remedies.

11.3 Jurisdiction

You consent to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming, USA, for resolution of any dispute not resolved informally. If you are a Canadian user, nothing in these Terms limits your rights under applicable Canadian consumer protection laws.

11.4 Class Action Waiver

To the extent permitted by law, you waive any right to bring claims against Nearwork as a plaintiff or class member in any class action or representative proceeding.

12. Termination

Nearwork reserves the right to suspend or terminate your access to the Platform at any time, with or without notice, for:

  • Violation of these Terms
  • Fraudulent, abusive, or unlawful conduct
  • Any behavior that Nearwork, in its sole discretion, determines is harmful to the Platform, other users, or third parties

Upon termination, your right to access the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination (including Sections 7, 8, 9, and 11) will remain in effect.

13. Changes to These Terms

Nearwork may modify these Terms at any time. We will provide at least 14 days' advance notice of material changes by posting an updated version on our website and, for registered users, by sending an email notification. Your continued use of the Platform after the effective date of the updated Terms constitutes acceptance of those Terms.

14. Miscellaneous

  • Entire Agreement (Platform Use): These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Nearwork regarding use of the Platform. They do not replace any signed MSA or Service Order for commercial services.
  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
  • Waiver: Nearwork's failure to enforce any provision is not a waiver of the right to enforce it in the future.
  • Assignment: You may not assign your rights under these Terms without Nearwork's written consent. Nearwork may assign its rights freely.
  • Language: These Terms are written in English. Any translation is for convenience only. In the event of conflict, the English version governs.

15. Contact

  • Email: support@nearwork.co
  • Mail: Nearwork LLC, 30 N Gould St, Ste R, Sheridan, WY 82801
  • Legal matters: legal@nearwork.co