Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Site, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using the Site on behalf of a company or organization, you represent that you have authority to bind that entity.

2. Our Services

Nearlume provides nearshore talent and operations services — including recruiting, hiring, onboarding, office infrastructure, IT & equipment, HR administration, and ongoing team management for roles based in Guatemala serving U.S. clients (e.g., customer support, sales/SDR, operations, and technical roles).

Information on the Site (including role descriptions, pricing indications, timelines, and case examples) is for general informational purposes and does not constitute a binding offer, guarantee of results, or representation that any specific outcome will be achieved. The scope, fees, timelines, and obligations for any client engagement are defined exclusively in a separate written agreement signed by both parties.

3. Acceptable Use

You agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable local, national, or international law (including U.S. and Guatemalan laws).
• Attempt to gain unauthorized access to the Site, servers, or networks, or to interfere with or disrupt the Site.
• Introduce malware, viruses, or other harmful code; scrape, crawl, or harvest data without permission; or send unsolicited marketing communications via the Site.
• Impersonate any person or entity, misrepresent your affiliation, or provide false or misleading information through our contact forms.
• Copy, reproduce, or exploit any portion of the Site without prior written consent, except as expressly permitted.

We reserve the right to monitor use and to restrict or terminate access for conduct that we, in our sole discretion, believe violates these Terms or harms other users, Nearlume, or third parties.

4. Inquiries, Estimates & Communications

Submitting a contact form, requesting a consultation, or exchanging emails through the Site does not create a client relationship, employment relationship, partnership, or joint venture. Any estimates, timelines, or staffing proposals communicated via the Site or email are non-binding and subject to due diligence and a signed agreement. We strive to respond within 24 hours, but we do not guarantee response times.

By providing your contact information, you consent to being contacted by Nearlume about our services via email or phone, consistent with our Privacy Policy. You may opt out of marketing communications at any time.

5. Intellectual Property

The Site and its entire contents — including text, graphics, logos (including "Nearlume" and the Nearlume logo), images, icons, layouts, and software — are owned by Nearlume or its licensors and are protected by copyright, trademark, and other intellectual property laws. No rights are granted except as expressly stated.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial evaluation of our services. You may not reproduce, distribute, modify, create derivative works of, publicly display, or reverse-engineer the Site without our prior written permission.

If you submit feedback, ideas, or suggestions ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use and exploit that Feedback without restriction or compensation.

6. Third-Party Content & Links

The Site may contain links to third-party websites (e.g., LinkedIn) or display content hosted by third parties (e.g., images from Pexels). Such links and content are provided for convenience only. We do not control, endorse, or assume responsibility for third-party sites, content, or practices. Your interactions with third parties are governed by their own terms and policies.

7. Disclaimers

We make no representation that the Site is appropriate or available for use in all locations. Access from territories where the Site's content is illegal is prohibited; those who access the Site from other jurisdictions do so on their own initiative and are responsible for compliance with local laws.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEARLUME, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID TO US FOR USE OF THE SITE IN THE THREE (3) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not fully apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Nearlume and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) information you submit through the Site.

10. Termination & Modifications to the Site

We may suspend, disable, or terminate your access to the Site (or any part of it) at any time, without notice, for any reason, including if we believe you have violated these Terms. We may also modify, update, or discontinue the Site or any content at any time without liability. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitations of liability, and indemnification.

11. Governing Law & Dispute Resolution

These Terms and any dispute or claim arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. For client engagements involving operations in Guatemala, the signed services agreement may specify alternative governing law or venue for those contractual obligations.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the state or federal courts located in Delaware, and you irrevocably consent to personal jurisdiction and venue therein. You waive any objection that such courts lack jurisdiction or that venue is inconvenient.

Informal resolution: Before filing a claim, please contact us at hello@nearlume.com so we can attempt to resolve the matter informally for at least 30 days.

General Provisions

• Entire agreement: These Terms (together with our Privacy Policy) constitute the entire agreement between you and Nearlume regarding the Site and supersede all prior agreements regarding the Site. Separate signed client agreements govern service engagements.
• Severability: If any provision is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary so the remaining provisions remain in full force.
• No waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment: You may not assign these Terms without our prior written consent; we may assign them without restriction.
• Headings: Section headings are for convenience only and have no legal effect.

12. Changes to These Terms

We may revise these Terms at any time by posting the updated version on this page and updating the "Last updated" date. Material changes may be notified via a prominent Site notice. Your continued use of the Site after the effective date constitutes acceptance of the revised Terms. Review this page periodically.

13. Contact Us

Questions about these Terms? Contact us at: