Terms and Conditions

1. Introduction

1.1 Welcome to Howdy LATAM, accessible at www.howdylatam.com (the "Site").

1.2 The Site is operated by Howdy, Inc., a company incorporated under the laws of the State of Texas, United States, which acts as the legal entity responsible for the Site and the services offered through it. "Howdy LATAM" is a commercial name used to identify this initiative aimed at technology talent in Latin America.

1.3 For purposes of these Terms and Conditions, "User" shall mean any natural person or legal entity who accesses, browses, or uses the Site and/or contracts or uses the services offered by Howdy, whether on an occasional or habitual basis.

1.4 By accessing, browsing, or using the Site and/or the services offered by Howdy, Inc. ("Howdy"), the User expressly accepts these Terms and Conditions of Use, which constitutes a legally binding contract between the User and Howdy. To use the Site and the services, the User must fully accept these Terms, which shall remain in effect while the User uses the Site. These Terms are supplemented by the Privacy Policy, which is an integral part hereof and governs the processing of personal data collected by Howdy.

1.5 Howdy connects technology talent from Latin America with professional opportunities related to the United States market and fosters the development of a professional community in the sector. To this end, Howdy facilitates the search, evaluation, and presentation of candidates and acts as a direct employer under an Employer of Record (EOR) model, as set forth in these Terms.

2. Use of the Site

2.1 The Site allows the User, among other functionalities, to learn about professional opportunities, apply for positions, register for events, submit inquiries, and receive communications related to Howdy.

2.2 The User acknowledges that applying for a job opportunity does not guarantee obtaining interviews or a position. Likewise, in the event of advancing through a process, any eventual relationship will be established directly with Howdy under an Employer of Record (EOR) framework, in accordance with the contractual agreements signed at the appropriate time.

2.3 The User agrees to:

• Provide truthful, current, and complete information.
• Not use the Site for illegal, fraudulent, or unauthorized purposes in violation of applicable regulations or these Terms.
• Not attempt to access restricted areas or interfere with the operation of the Site.
• Not use automated mechanisms (including, without limitation, bots, scrapers, or similar tools) to access, collect, or extract information from the Site without prior and express authorization.

2.4 The Site does not constitute an employment agency nor does it guarantee obtaining a job. Howdy assumes no obligation to offer job opportunities to all Users who apply.

2.5 Howdy reserves the right to limit, suspend, or cancel access to the Site, in whole or in part, at any time and without prior notice, in the event of breach of these Terms, misuse of the Site, or any conduct that may affect Howdy, other Users, or third parties.

2.6 Likewise, Howdy does not guarantee the continuous and uninterrupted availability of the Site or the absence of errors, and may make modifications, updates, or interruptions to the service for technical, operational, or maintenance reasons, without this giving rise to any right to compensation in favor of the User.

2.7 Use of the Site is carried out under the User's sole responsibility. Howdy will not be liable for direct or indirect damages arising from the use or inability to use the Site, to the extent permitted by applicable regulations.

3. User Conduct and Prohibited Uses

3.1 The User agrees to use the Site responsibly, in accordance with the law and with these Terms and Conditions.

3.2 The following is expressly prohibited:

• Impersonating or attempting to impersonate Howdy, Howdy LATAM, their employees, representatives, recruiters, client companies, or other users.
• Using the Site for fraudulent, deceptive, unlawful, or unauthorized purposes, including phishing, social engineering, or scam practices.
• Using the Site to infringe or violate third-party rights, including intellectual property, privacy, or other rights.
• Using emails, domains, social media, or fake accounts that appear to belong to or be linked to Howdy.
• Sending mass, unsolicited communications or spam, including contacting third parties on behalf of Howdy.
• Publishing, uploading, transmitting, or distributing false, defamatory, offensive, threatening content, or content that infringes third-party rights.
• Introducing viruses, malware, scripts, or any technology that may damage or affect the operation of the Site.
• Performing scraping, automated data extraction, information mining, or collecting personal data of third parties without authorization.
• Copying, reproducing, storing, decompiling, reverse engineering, or attempting to obtain the source code or internal operation of the Site or its services.
• Interfering with, disrupting, or attempting to compromise the security of the Site or its associated systems, including generating excessive or disproportionate loads on the Site's infrastructure.
• Using the Site to copy, reproduce, or redistribute information from the Site without authorization.
• Using the Site in violation of any applicable law or regulation.

3.3 Failure to comply with any of the foregoing provisions will entitle Howdy to suspend, restrict, or cancel access to the Site without prior notice, without prejudice to any legal actions that may apply.

4. Collection of Personal Information and Applications

4.1 By completing an application form for a job opportunity or a participation form for an event organized by Howdy LATAM, the User declares that the information provided is correct and that they have the necessary rights to share it, including resumes, professional profiles, and employment history.

4.2 Submitting an application implies the applicant's consent to the processing of their personal data by Howdy. All matters relating to the processing of such personal data, including its collection, use, storage, and protection, are governed by Howdy's Privacy Policy. Submitting an application does not guarantee participation in selection processes or obtaining job opportunities.

4.3 Howdy acts as a direct employer under an Employer of Record (EOR) model. Consequently, even when a professional opportunity originates from a Howdy client company, the eventual employment relationship will be established directly between the candidate and Howdy, through the corresponding contractual agreements.

4.4 If the User is selected for a professional opportunity, the tasks may be performed for the benefit of a Howdy client company, which may direct, supervise, and define the objectives of daily work. Howdy does not guarantee the duration, continuity, or specific conditions of such opportunities, which will be subject to independent contractual agreements.

4.5 Submitting an application through the Site does not, in itself, create an employment, contractual, or other type of relationship between the User and Howdy. In this regard, the User acknowledges and accepts that the use of the Site, the application to job opportunities, and/or participation in selection processes does not, in any case, imply the existence of an employment, agency, partnership, or representation relationship with Howdy or with client companies, until a written contract is formalized.

5. User Representations and Warranties

5.1 The User represents and warrants that:

• They have sufficient legal capacity to accept these Terms and Conditions.
• All information provided through the Site is true, accurate, complete, and current.
• They are the owner of the rights to the information and documentation provided through the Site, or they have the necessary authorizations for its use.
• The information submitted does not infringe third-party rights, including intellectual property, privacy, or confidentiality rights.
• They will not use the Site for identity impersonation, fraud, deception, or any unlawful conduct.

6. Fraud Prevention and Identity Impersonation

6.1 Howdy warns that unrelated third parties may attempt to impersonate the company, its employees, or its recruiters through fake emails, fraudulent domains, or social media profiles.

6.2 The User acknowledges and accepts that:

• Howdy never requests payments, deposits, transfers, or financial information as a condition for participating in selection processes.
• Howdy does not request passwords, verification codes, credit card data, or banking credentials.
• Official Howdy communications are made exclusively from official channels and authorized domains (@howdy.com).

6.3 If the User receives a suspicious communication that appears to come from Howdy, they should refrain from responding or providing information and report it immediately to: info@howdy.com.

6.4 Howdy will not be liable for damages, losses, or harm arising from fraudulent communications made by third parties outside official channels.

7. Intellectual Property and User Content

7.1 All content on the Site, including texts, databases, trademarks, logos, designs, illustrations, structure, software, materials, and other elements of this Web Portal or any other channel or medium it uses, is owned by Howdy or is used under license or with the appropriate authorization of its legitimate owners. Such content is protected by applicable intellectual and industrial property laws.

7.2 The reproduction, distribution, public communication, modification, adaptation, or any other form of exploitation of such content is prohibited without the prior written authorization of Howdy or the corresponding owners.

7.3 The presence on the Site of content contributed by third parties or by Users does not imply the assignment of its ownership or the granting of any right in favor of Howdy. Howdy will not claim ownership of third-party intellectual property rights that may appear on the Site, which belong to their respective owners, who retain all rights thereto and may exercise the corresponding legal actions in the event of infringement.

7.4 The User declares to be the owner of the rights to the information and documentation provided through the Site, or to have the necessary authorizations for its use. The legitimacy of such rights is the sole responsibility of the User.

7.5 By submitting such information, the User grants Howdy a non-exclusive, royalty-free, and limited license to use it for purposes of professional evaluation, management of selection processes, and sharing with client companies, within the framework of job opportunities.

7.6 If the User participates in technical assessments, interviews, or eventually provides services through Howdy, the User acknowledges that any work, development, code, documentation, or other results generated within the framework of such activities will be governed by the applicable intellectual property agreements, which may be assigned to the client company or to Howdy, as the case may be.

7.7 Howdy may remove or block access to content that it considers infringes intellectual property rights, as well as suspend or cancel access to the Site of Users who engage in repeated infringements.

8. Links to Third-Party Sites

8.1 The Site may contain links to third-party websites. Such links are provided solely for the User's convenience.

8.2 Howdy does not control or take responsibility for the content, policies, practices, or security measures of such external sites. Access to third-party sites is at the User's sole responsibility. Consequently, Howdy assumes no responsibility for the content or services offered on such third-party sites.

8.3 Access to third-party sites is at the User's sole responsibility, who must review and accept the terms and conditions and privacy policies applicable to such sites.

9. Limitation of Liability

9.1 Howdy does not guarantee the continuous availability of the Site or the absence of technical errors. Use of the Site is at the User's sole responsibility.

9.2 Howdy will not be liable for:

• Decisions made based on the information published on the Site.
• Damages arising from the use or inability to use the Site.
• Content or practices of linked third-party sites.
• Decisions adopted by client companies or the results of selection processes in which the User participates.
• Errors or omissions in the information provided by Users.
• Content, information, privacy policies, or practices of third-party websites or third parties with whom the user interacts through the Site, over which Howdy has no control or obligation of supervision, verification, or editing.
• The identity, truthfulness, or conduct of other users or third parties who use the Site.

9.3 To the maximum extent permitted by applicable law, Howdy will not be liable for indirect, incidental, special, consequential, or punitive damages including, without limitation, loss of job opportunities, income, data, information, or reputation, arising from the use of the Site.

10. Indemnification

10.1 The User agrees to hold Howdy, its directors, employees, representatives, affiliates, and clients harmless from any claim, demand, damage, loss, liability, cost, or expense (including legal fees) arising out of or relating to:

• The improper use of the Site and/or the services offered in violation of applicable regulations.
• The breach of these Terms and Conditions.
• The infringement of third-party rights, including intellectual property, privacy, or confidentiality rights.
• The information, documentation, or content provided by the User, particularly when false, inaccurate, or misleading.
• The User's interaction with third parties within the framework of the services offered by Howdy.

10.2 The User acknowledges that Howdy acts as a facilitator in the connection between candidates and client companies, and is not responsible for the decisions, actions, or omissions of such third parties within the framework of selection processes or professional opportunities. Consequently, the User agrees not to initiate claims against Howdy for damages or losses arising from the relationship or interaction with third parties, without prejudice to the employment relationships that may eventually be established directly with Howdy under the Employer of Record (EOR) framework.

11. Force Majeure

11.1 Howdy will not be liable for the failure or delay in the performance of its obligations when such failure is due to causes beyond its reasonable control, including, without limitation, acts of God, force majeure, system failures, internet outages, labor disputes, government actions, or natural disasters.

12. Modifications

12.1 Howdy may modify these Terms and Conditions at any time. When the modifications are substantial, Howdy may notify the User through the Site, email, or other reasonable means prior to their entry into force, unless they must be implemented immediately due to legal requirements or the addition of new functionalities.

12.2 Modifications will not have retroactive effect and will enter into force upon publication on the Site. Continued use of the Site and/or services after the entry into force of the changes will imply acceptance of the updated Terms. If the User does not agree, they must refrain from continuing to use the Site and the services.

13. Severability and Waiver

13.1 The eventual invalidity, nullity, or unenforceability of any provision of these Terms will not affect the validity of the remaining provisions, which will remain fully in force and enforceable.

13.2 The failure to exercise or delay in exercising any right by Howdy will not constitute a waiver of such right, nor will it prevent its subsequent exercise. Any waiver must be express and in writing, and will be interpreted restrictively, without implying the waiver of other rights.

14. Governing Law and Jurisdiction

14.1 These Terms and Conditions are governed by the laws of the State of Texas, United States.

14.2 Any dispute arising from the use of the Site will be submitted to the exclusive jurisdiction of the competent courts of the State of Texas.

15. Contact

15.1 For any inquiries related to these Terms and Conditions, the User may contact us via email at info@howdy.com.