Gusto

Terms

If you are using the QSEHRA service as an employer (“Customer”), the Gusto Qualified Small Employer Health Reimbursement Arrangement Service Terms for Customers (“QSEHRA Customer Terms”) apply. If you are using the QSEHRA service as an employee (“User,” “Plan Participant,” or “Employee”) the Gusto Qualified Small Employer Health Reimbursement Arrangement Service Terms for Users apply (“QSEHRA User Terms”).

Gusto Qualified Small Employer Health Reimbursement Arrangement

Service Terms for Customers

These Gusto Qualified Small Employer Health Reimbursement Arrangement Service Terms and Conditions for Customers (the “QSEHRA Customer Terms”), together with the Gusto Terms of Service Agreement available at www.gusto.com/about/terms (the “Gusto Terms”) (collectively the “QSEHRA Customer Agreement”), set forth the terms and conditions under which ZP Insurance LLC, a Delaware corporation doing business as With Gusto Insurance Services, LLC (“Gusto Insurance”), agrees to provide customer (each, a “Customer”) and Customer’s eligible employees (each, a “User” or “Plan Participant”) participation in the Qualified Small Employer Health Reimbursement Arrangement service (the “QSEHRA Customer Service”), a qualified small employer health reimbursement arrangement offered by employers (each, an “Employer” or “Customer”) and as described in and authorized by Section 9831(d) of the Internal Revenue Code (the “Code”). The QSEHRA Service is provided through the website (the “Site”), of Gusto Insurance’s parent, ZenPayroll, Inc., a Delaware corporation doing business as Gusto (“Gusto”), at www.gusto.com.

Capitalized terms used but not otherwise defined in these QSEHRA Customer Terms have the meanings ascribed to such terms in the Gusto Terms. The QSEHRA Customer Agreement is a legally binding agreement between Customer and Gusto Insurance. The individual entering into the QSEHRA Customer Agreement on behalf of Customer (the “Authorized Signatory”) is encouraged to read the QSEHRA Customer Agreement carefully and to save a copy of it for Customer’s records.

The Authorized Signatory represents and warrants that such Authorized Signatory has the authority to bind the Customer to the QSEHRA Customer Agreement. By clicking the applicable button to indicate Customer acceptance of the QSEHRA Customer Agreement, Customer accepts the QSEHRA Customer Agreement, and Customer agrees, effective as of the date of such action, to be bound by the QSEHRA Customer Agreement.

1. These QSEHRA Customer Terms Are Part of and are Governed by the Gusto Terms

The terms and conditions of the Gusto Terms agreed to in connection with the creation of each Customer’s account, including but not limited to all representations, warranties, covenants, disclaimers, limitations on liability, agreements, and indemnities relating to the Services, are incorporated herein by reference, and the Customer acknowledges and agrees that terms and conditions, including but not limited to, the representations, warranties, covenants, disclaimers, limitations on liability, agreements, and indemnities contained in the Gusto Terms shall remain in full force and effect to the full extent provided therein.

If the terms and conditions of these QSEHRA Customer Terms conflict with the terms and conditions of the Gusto Terms, the terms and conditions of these QSEHRA Customer Terms shall control with respect to the Customer’s use of the QSEHRA User Service.

THE GUSTO TERMS, AVAILABLE AT WWW.GUSTO.COM/ABOUT/TERMS, CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF GUSTO’S AND GUSTO INSURANCE’S LIABILITY, GUSTO’S AND GUSTO INSURANCE’S WARRANTY DISCLAIMERS, CUSTOMERS’ AND PLAN PARTICIPANTS’ INDEMNIFICATION OBLIGATIONS, CUSTOMERS’ AND PLAN PARTICIPANTS’ DUTY TO MITIGATE DAMAGES, THE LAW GOVERNING THE QSEHRA CUSTOMER AGREEMENT, AND DISPUTE RESOLUTION PROCEDURES THEREUNDER.

2. Gusto Insurance’s Provision of the QSEHRA is Governed by the QSEHRA Customer Agreement

Subject to the terms and conditions of the QSEHRA Customer Agreement, Gusto Insurance agrees to use commercially reasonable efforts to provide Customer with the QSEHRA Customer Service in accordance with the QSEHRA Customer Agreement.

3. Obligations Under the Gusto Terms

In addition to the obligations specified in these QSEHRA Customer Terms, Customer has certain obligations under the Gusto Terms, including but not limited to obligations to (i) designate an Account Administrator; (ii) be responsible for actions taken under Customer’s Account; (iii) provide accurate, timely, and complete information, which is required for Gusto Insurance to perform the QSEHRA Customer Service and maintain the accuracy and completeness of such information; (iv) notify Gusto Insurance of any third-party notices from health insurance carriers or government agencies such as the Internal Revenue Service (the “IRS”), Department of Health and Human Services, and the Department of Labor (the “DOL”), which could affect Gusto Insurance's ability to effectively provide the QSEHRA Service, or which could increase the likelihood that a Claim is brought against Customer, Plan Participant, Gusto, or Gusto Insurance in connection with the QSEHRA Service; (v) use reasonable efforts to mitigate losses arising out of or related to errors or delays in the QSEHRA Service; and (vi) abide by certain obligations and refrain from taking certain prohibited actions, as described in further detail in Section 8 (User Is Responsible for Certain Information and Obligations Relating to the Services), Section 10 (Third-Party Services, Websites, and Resources), Section 13 (General Prohibitions), Section 15 (E-Signatures), and Section 21 (Duty to Mitigate) of the Gusto Terms.

4. QSEHRA Service

Provided that Customer and User agree and continue to comply with this QSEHRA User Agreement, the QSEHRA Customer Agreement, and/or the QSEHRA Plan Document (as defined below), as applicable, Gusto Insurance will provide User and Customer with the QSEHRA User Service. The QSEHRA User Service shall include certain features which allow: (i) allow Customer’s eligible employees to submit reimbursement requests for health insurance premiums eligible under the terms of the QSEHRA Plan Document for themselves and their dependents, and (ii) allow administrators, managers, or other individuals authorized by Customer to view and process reimbursement amounts claimed by each employee under the QSEHRA Plan (such administrators, managers, or other individuals, the “Authorized Users”), both as stipulated in the QSEHRA Plan Document (the “QSEHRA Plan Document”). Customer acknowledges and agrees that Gusto Insurance does not directly provide, sponsor, fund, or underwrite any employee benefit plan, including the QSEHRA Plan as provided under the QSEHRA Customer Service. The QSEHRA Customer Service does not provide legal, tax, financial, or professional advice. No statement made by Gusto Insurance in its marketing, selling, and providing of the QSEHRA User Service should be construed as legal, tax, financial, or professional advice. Gusto Insurance is not and shall not act as a fiduciary, in any capacity, with respect to any QSEHRA Plan.

Customer understands and acknowledges that (i) the QSEHRA Service is only intended to be used for employers who do not provide any group health insurance plans at the beginning of the QSEHRA Plan and have fewer than fifty (50) full-time equivalent employees; and (ii) Customer must agree to the Gusto Terms and any other applicable terms prior to commencing their use of the QSEHRA Service.

5. Funding of Claims

Customer acknowledges and agrees that Customer is solely responsible and liable for funding all benefits payable under the QSEHRA Plan, as applicable. Gusto Insurance has no financial liability or responsibility for the payment of any QSEHRA Plan benefit or claim. To facilitate the payment of any QSEHRA Plan claims, Customer agrees to establish one or more general assets bank accounts in Customer’s name and provide Gusto Insurance and any third party appointed by Gusto Insurance with check-writing authority with respect to such designated bank accounts. Customer agrees to maintain sufficient funds in such bank accounts in order to reimburse all QSEHRA Plan claims eligible for and approved for reimbursement in accordance with the QSEHRA Plan Document.

To ensure timely payment of QSEHRA Plan claims, as applicable, Customer may elect to be periodically notified of the amount necessary to pay approved claims by Gusto Insurance. If the amount in such general assets bank account is insufficient to pay approved claims, Customer agrees to (i) transfer the appropriate funds to such general assets bank account within twenty-four (24) hours of such notice; and (ii) take any other action necessary to permit Gusto Insurance to pay approved claims from such general assets bank account and facilitate such transfers. If at any time, Customer fails to timely transfer funds to the designated general assets account to allow Gusto Insurance to timely pay any approved claim, Gusto Insurance may pay such claim. In such case, Customer shall reimburse Gusto Insurance within two (2) business days of notification by Gusto Insurance of such payment and reimbursement obligation.

6. QSEHRA Plan Document

Customer agrees to adopt the QSEHRA Plan Document in accordance with all applicable laws. Once Customer adopts the QSEHRA Plan Document, Customer bears responsibility of fulfilling the obligations described in the QSEHRA Plan Document. Gusto Insurance shall incur no liability relating to any breach, waiver, alteration, or modification of the QSEHRA Plan Document. In the course of providing the QSEHRA Service, Gusto Insurance may provide summary plan description templates and related forms for Customer’s review, completion, and adoption using the Site and/or electronic communication. Gusto Insurance will facilitate the distribution of adopted QSEHRA Plan Document to Plan Participants through electronic communications.

Customer shall not amend or modify any term of the QSEHRA Plan Document without Gusto Insurance’s prior written consent. Customer must notify Gusto Insurance in writing of the amendment or modification at least thirty (30) days prior to the effective date of the amendment or modification and provide Gusto Insurance with the amendment or modification in writing. Gusto Insurance shall not administer such amendment unless and until it has agreed in writing to administer the amendment. If Gusto Insurance proposes a change to the QSEHRA Plan Document, the amendment or restated QSEHRA Plan Document will be provided to Customer by Gusto Insurance and will become effective as of the date specified in the amendment or restated QSEHRA Plan Document. If Customer objects to such amendment or any term in the restated QSEHRA Plan Document, Customer will have thirty (30) days to notify Gusto Insurance of Customer’s objection in writing. Customer and Gusto Insurance agree to use all reasonable efforts to resolve such issues to the mutual satisfaction of the parties.

7. Customer Obligations

Customer acknowledges that, in order for Gusto Insurance to provide the QSEHRA Service, Customer must (i) complete and timely adopt the QSEHRA Plan Document and any other documentation in accordance with all applicable laws; (ii) provide final versions of the adopted QSEHRA Plan Document to Gusto Insurance for its use in connection with provision of the QSEHRA Service; (iii) timely distribute any required notices and plan documentation to Plan Participants; (iv) provide Gusto Insurance with accurate and complete initial enrollment and eligibility data for each Plan Participant and immediately notify Gusto Insurance, through the Site or electronic communication, of changes to any Plan Participant’s enrollment and eligibility data, status, or benefit election, including but not limited to, leaves of absence and terminations; (v) immediately inform Gusto Insurance of any errors in Plan Participants’ data of which Customer becomes aware and correct such errors according to the method advised by Gusto Insurance; and (vi) satisfy all reporting, disclosure, and notice requirements under applicable laws.

Customer represents and certifies that (i) Customer has determined that proposed and existing Plan Participants are eligible to participate in the QSEHRA Plan; and (ii) information relating to Plan Participants’ enrollment in each such QSEHRA Plan, including, but not limited to, current mailing addresses, is accurate and complete.

Customer agrees to notify Gusto Insurance immediately if Customer learns of any misrepresentations made to Gusto Insurance by any of Customer’s employees, contractors, agents, or representatives. Customer is responsible for (i) determining the impact of QSEHRA Service on any Premium Tax Credits under the Affordable Care Act obtained by Customer’s employees; and (ii) determining if QSEHRA Service will be beneficial to Customer’s employees.

Customer shall be responsible for promptly notifying Gusto Insurance of any errors or omissions so that Gusto Insurance may rectify any such errors or omissions. Customer shall be responsible for any fees it incurs as a result of its failure to timely report such errors to Gusto. Customer further acknowledges that it is responsible for notifying Gusto Insurance of any and all qualifying events that may impact Customer’s or Plan Participant’s QSEHRA eligibility. Failure to timely notify Gusto Insurance may result in delays in, termination of, or inability to obtain QSEHRA coverage, and any costs, penalties, or taxes incurred as a result.

Customer acknowledges that, in order for Gusto Insurance to provide Customer with the QSEHRA Service, Customer must (i) process second level and final appeals of any claim for benefits; and (ii) provide Plan Participants who participate under the Grace Period, Carryover, and Run-Out features (each as defined in IRS Notice 2013-71) of the QSEHRA Plan (if Customer elects to offer such features in the adopted QSEHRA Plan Document) with the appropriate information and continue to remit payment for these participants even if they are no longer employees of Customer’s organization.

8. Service and Fee Charges

As part of the QSEHRA Service, Gusto will invoice and debit Customer’s account on a monthly basis. Customer agrees to pay the fees assessed and invoiced by Gusto for the QSEHRA Service in accordance with this Section 8 and authorizes Gusto to debit Customer’s designated bank account, as specified by the Customer through the Platform, for all fees as they become payable during the Term.

The fee for each Employee participating in the QSEHRA Service will be $180 per Plan Year (“QSEHRA Annual Fee”) which will be invoiced monthly in the amount of $15 per Employee. The QSEHRA Annual Fee will be invoiced in the first month that an Employee participates in the QSEHRA Services by requesting a reimbursement. If an Employee begins participating in any month after the first month of the Plan Year, then the QSEHRA Annual Fee will not be invoiced and payable for the months prior to the first month of Employee’s participation. If an Employee has participated in any month of the Plan Year, the QSEHRA Annual Fee will be due and payable.

Additionally, Customer agrees to reimburse Gusto for any sales, use, and similar taxes arising from the provision of the QSEHRA Service that any federal, state, or local governments may impose.

Gusto reserves the right to change the fees for its QSEHRA Service from time to time. Customer will be notified of any change to existing fees at least thirty (30) days before the fee change goes into effect. If a fee change to this QSEHRA Customer Agreement is not acceptable to the Customer, then the Customer must cancel the Services prior to the time when such fee increase or change to this QSEHRA Customer Agreement takes effect.

9. Compliance with Laws

Customer shall comply with any collective bargaining or other employment agreements (collectively, the “Employment Agreements”) that it may be subject to and all applicable laws, rules, or regulations (collectively, the “Applicable Laws”), including but not limited to the Code and the Employee Retirement Income Security Act of 1974 (“ERISA”), as applicable to the QSEHRA Service and QSEHRA Plan, and make all required filings with governmental agencies, including the IRS and DOL.

Customer agrees that the Health Insurance Portability and Accountability Act of 1996 and as amended and the Health Information Technology for Economic and Clinical Health Act and as amended apply to the QSEHRA Service and QSEHRA Plan. Customer agrees to comply with such laws and the terms of the business associate agreement between the parties with respect to the QSEHRA Service and QSEHRA Plan.

If Customer becomes aware of any failure or possible failure by Customer or Plan Participants to comply with any applicable law relating to the QSEHRA Service and QSEHRA Plan, Customer must immediately notify Gusto Insurance in writing of the failure or possible failure and propose corrective action. Such notification must include a description of the facts and issues raised by the failure or possible failure. Customer is responsible for correcting any such failure or non-compliance and for reimbursing Gusto Insurance for any reasonable penalties and expenses Gusto Insurance may incur related to such correction or failure.

Customer acknowledges and agrees that Customer is solely responsible for determining the legal and tax status of the QSEHRA Plan, including but not limited to, compliance with the Code and ERISA and their respective implementing regulations and guidance, as applicable. Customer acknowledges and agrees that with respect to the QSEHRA Plan, Customer is the named fiduciary within the meaning of ERISA section 402(a)(2), “plan administrator” within the meaning of ERISA section 3(16)(A), and “plan sponsor” within the meaning of ERISA section 3(16)(B).

Customer acknowledges and agrees that Customer is solely responsible for calculating, reporting, and paying for Patient-Centered Outcomes Research Institute Fees (“PCORI Fees”). PCORI Fees apply when the Customer provides the QSEHRA Plan, as the QSEHRA is not integrated with another health plan that might otherwise be responsible for these fees.

Furthermore, Customer acknowledges that (i) it is Customer’s sole responsibility to comply with all Applicable Laws and Employment Agreements; and (ii) Customer shall be solely responsible for any citations, fines, penalties, or costs arising from failure to comply with the foregoing. Gusto Insurance shall not be responsible in any way for Customer’s noncompliance with any Applicable Laws or Employment Agreements, or for any decisions by Customer as to compensation of any Customer employee. Customer is strongly encouraged to consult with employment attorneys in its jurisdiction with regard to labor laws specific to Customer and its employees.

10. Limitation of Liability

Gusto Insurance disclaims any liability arising from penalties or other consequences associated with use of the QSEHRA Plan funds for ineligible expenses according to the applicable QSEHRA Plan Document. While Gusto Insurance has procedures in place to prevent the expenditure of QSEHRA Plan funds for ineligible expenses, it is the Customer’s sole and ultimate responsibility to ensure Plan Participants use the QSEHRA Plan only for appropriate eligible expenses.

Gusto Insurance disclaims any liability arising from Plan Participants exceeding the annual contribution limit as defined by the IRS. It is Customer’s sole and ultimate responsibility to ensure that each Plan Participant does not exceed contribution limits.

Customer agrees that Gusto Insurance shall not be responsible for any interruption in the QSEHRA Service, delay in claims processing, or other error or violation of applicable law as a result of Customer’s failure to fulfill its obligations under the QSEHRA Customer Agreement.

WITHOUT LIMITING THE GENERALITY OF SECTION 20 OF THE GUSTO TERMS, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CUSTOMER UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT: (I) NOTHING HEREIN CONSTITUTES AN OFFER OR GUARANTEE OF ELIGIBILITY FOR THE QSEHRA PLAN; (II) CUSTOMER AND PLAN PARTICIPANTS ARE SUBJECT TO REQUIREMENTS PRESCRIBED BY LAW FOR EACH OF THESE SERVICES; (III) GUSTO INSURANCE RELIES ONLY ON THE REPRESENTATIONS OF CUSTOMERS AND PLAN PARTICIPANTS OF THE QSEHRA SERVICE IN FACILITATING THE FORMATION AND ADMINISTRATION OF THE QSEHRA PLAN, AND IS NOT LIABLE FOR ANY EXPENSE, PENALTY, OR VIOLATION OF LAW BASED ON SUCH REPRESENTATIONS; (IV) GUSTO INSURANCE DOES NOT WARRANT THAT ANY CLAIM BY A PLAN PARTICIPANT IS FOR AN ELIGIBLE EXPENSE UNDER THE QSEHRA SERVICE; AND (V) GUSTO INSURANCE IS NOT RESPONSIBLE FOR THE DESIGN, IMPLEMENTATION, AMENDMENT OR TERMINATION OF THE QSEHRA PLAN.

Gusto Qualified Small Employer Health Reimbursement Arrangement

Service Terms for Users

These Gusto Qualified Small Employer Health Reimbursement Arrangement Service Terms and Conditions for Users (the “QSEHRA User Terms”), together with the Gusto Terms of Service Agreement available at www.gusto.com/about/terms (the “Gusto Terms”) (collectively the “QSEHRA User Agreement”), set forth the terms and conditions under which certain users (each, a “User,” “Plan Participant,” or “Employee”) will be allowed to participate in a Qualified Small Employer Health Reimbursement Arrangement Service (the “QSEHRA User Service”), a qualified small employer health reimbursement arrangement offered by employers (each, an “Employer” or “Customer”) and as described in and authorized by Section 9831(d) of the Internal Revenue Code (the “Code”). Such QSEHRA User Service shall be provided by ZP Insurance, LLC, a Delaware corporation doing business as With Gusto Insurance Services, LLC (“Gusto Insurance”). The QSEHRA Service is provided through the website (the “Site”), of Gusto Insurance’s parent, ZenPayroll, Inc., a Delaware corporation doing business as Gusto (“Gusto”), at www.gusto.com.

Capitalized terms used but not otherwise defined in these QSEHRA User Terms have the meanings ascribed to such terms in the Gusto Terms. The QSEHRA User Agreement is a legally binding agreement between User and Gusto Insurance. User is encouraged to read the QSEHRA User Terms and Gusto Terms carefully and to save a copy of it for User’s records.

User represents and warrants that such User has the authority to enter into the QSEHRA User Agreement. If User cannot validly and truthfully make the foregoing representation and warranty, then User must not enter into this QSEHRA User Agreement and must not use the QSEHRA User Service.

By clicking the applicable button to indicate User’s acceptance of the QSEHRA User Agreement or accessing or using the QSEHRA Service, User represents that User has read and understands this Agreement and agrees, effective as of the date of such action, to be bound by these QSEHRA User Terms.

1. These QSEHRA User Terms Are Part of and are Governed by the Gusto Terms

The terms and conditions of the Gusto Terms agreed to in connection with the creation of each User’s account, including but not limited to, all representations, warranties, covenants, disclaimers, limitations of liability, agreements, and indemnities relating to the Services, are incorporated herein by reference, and User acknowledges and agrees that the terms and conditions, including but not limited to, the representations, warranties, covenants, disclaimers, limitations of liability, agreements, and indemnities contained in the Gusto Terms shall remain in full force and effect to the full extent provided therein.

If the terms and conditions of these QSEHRA User Terms conflict with the terms and conditions of the Gusto Terms, the terms and conditions of these QSEHRA User Terms shall control with respect to the User’s participation in the QSEHRA User Service.

THE GUSTO TERMS, AVAILABLE AT WWW.GUSTO.COM/ABOUT/TERMS, CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF GUSTO’S AND GUSTO INSURANCE’S LIABILITY, GUSTO’S AND GUSTO INSURANCE’S WARRANTY DISCLAIMERS, USERS’ INDEMNIFICATION OBLIGATIONS, USERS’ DUTY TO MITIGATE DAMAGES, THE LAW GOVERNING THE QSEHRA USER AGREEMENT, AND DISPUTE RESOLUTION PROCEDURES THEREUNDER.

2. Gusto Insurance’s Provision of the QSEHRA User Service is Governed by the QSEHRA Agreement

Subject to the terms and conditions of the QSEHRA User Agreement, Gusto Insurance agrees to use commercially reasonable efforts to administer the QSEHRA User Service on behalf of Employees in accordance with the QSEHRA User Agreement.

3. Obligations Under the Gusto Terms

In addition to the obligations specified in these QSEHRA User Terms, User has certain obligations under the Gusto Terms, including but not limited to obligations to (i) be responsible for actions taken under User’s account with Gusto (“Account”); (ii) follow instructions that Gusto Insurance provides to User with respect to the Services; (iii) provide accurate, timely, and complete information, which is required for Gusto Insurance to perform the QSEHRA User Service and maintain the accuracy and completeness of such information; (iv) notify Gusto Insurance of third-party notices from health insurance carriers or government agencies such as the Internal Revenue Service (the “IRS”), Department of Health and Human Services, and the Department of Labor (the “DOL”), which could affect Gusto Insurance’s ability to effectively provide the QSEHRA User Service, or which could increase the likelihood that a Claim is brought against User, Gusto, or Gusto Insurance in connection with the QSEHRA User Service; (v) use reasonable efforts to mitigate losses arising out of or related to errors or delays in the QSEHRA Service; and (vi) abide by certain obligations and refrain from taking certain prohibited actions, as described in further detail in Section 8 (User Is Responsible for Certain Information and Obligations Relating to the Services), Section 10 (Third-Party Services, Websites, and Resources), Section 13 (General Prohibitions), Section 15 (E-Signatures), and Section 21 (Duty to Mitigate) of the Gusto Terms.

4. QSEHRA User Service

Provided that Customer and User agree and continue to comply with this QSEHRA User Agreement, the QSEHRA Customer Agreement, and/or the QSEHRA Plan Document (as defined below), as applicable, Gusto Insurance will provide User and Customer with the QSEHRA User Service. The QSEHRA User Service shall include certain features which allow: (i) Customers to form, offer, and administer a QSEHRA plan for the benefit of Plan Participants (the “QSEHRA Plan”); and (ii) Users to submit reimbursement requests for health insurance premiums for themselves and their qualified dependents, both as stipulated in the QSEHRA Plan Document (the “QSEHRA Plan Document”). User acknowledges and agrees that Gusto Insurance does not directly provide, sponsor, fund, or underwrite any employee benefit plan, including the QSEHRA Plan as provided under the QSEHRA User Service. The QSEHRA User Service does not provide legal, tax, financial, or professional advice. No statement made by Gusto Insurance in its marketing, selling, and providing of the QSEHRA User Service should be construed as legal, tax, financial, or professional advice. Gusto Insurance is not and shall not act as a fiduciary, in any capacity, with respect to any QSEHRA Plan.

5. Funding of Claims

User acknowledges and agrees that Customer is solely responsible and liable for funding all benefits payable under the QSEHRA Plan, as applicable. Gusto Insurance has no financial liability or responsibility for the payment of any QSEHRA Plan benefit or claim. Gusto Insurance reserves the right to collect from User any amounts paid in excess or in error of the benefits available to User under the QSEHRA Plan.

6. QSEHRA Plan Document

If any change to the QSEHRA Plan Document is agreed to between Gusto Insurance and Customer, the amendment or restated QSEHRA Plan Document will be provided to User by Customer or Gusto Insurance and will become effective as of the date specified in the amendment or restated QSEHRA Plan Document. If User objects to such amendment or any term in the restated QSEHRA Plan Document, User must not use the QSEHRA User Service.

7. Representations and Warranties Concerning QSEHRA Reimbursement Requests

By initiating a request for reimbursement under the QSEHRA Plan (a “QSEHRA Reimbursement Request”), User represents and warrants that the QSEHRA Reimbursement Request has not been (a) modified, dismissed, or paid; or (b) disputed or subjected to a claim, defense, or counterclaim of any kind. User further represents and warrants that User has not willfully or negligently misrepresented any information in the QSEHRA Reimbursement Request or otherwise acted in a negligent, malicious, or unlawful way with regard to User’s use of the QSEHRA User Service.

8. User Obligations and Acknowledgements

User acknowledges and agrees to (a) receive electronic communications; (b) utilize electronic signatures as set forth in Section 15 of the Gusto Terms; and (c) abide by the terms set forth in the QSEHRA Plan Document if User uses the QSEHRA User Service. Gusto Insurance shall not incur any liability relating to User’s failure to follow the QSEHRA Plan Document or associated documentation related to the User’s participation in the QSEHRA Service.

User acknowledges that the QSEHRA User Service is an Employer-sponsored benefit that Gusto Insurance is providing on Customer’s behalf, whereby User may obtain reimbursement for medical expenses, solely to the extent that (i) such medical expenses are eligible for reimbursement under the QSEHRA Plan Document; (ii) User or User’s eligible dependents maintain Minimum Essential Coverage (“MEC”), as defined by the QSEHRA Plan Document, for the month in which reimbursement is requested, and do not misrepresent any aspect of this coverage; (iii) User adheres to the reimbursement procedures as defined by the QSEHRA Plan Document or additional instructions as communicated to User by Customer or Gusto Insurance; (iv) User acknowledges that the QSEHRA User Service may reduce or eliminate any Premium Tax Credits under the Affordable Care Act for which User or User’s family members may be eligible; (v) User shall be responsible for promptly notifying Customer or Gusto Insurance of any errors or omissions so that Gusto Insurance may rectify any such errors or omissions; and (vii) User immediately notifies Customer or Gusto Insurance of any and all qualifying events that may impact User’s QSEHRA eligibility.

9. Limitation of Liability

WITHOUT LIMITING THE GENERALITY OF SECTION 20 OF THE GUSTO TERMS, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, USER UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT: (I) NOTHING HEREIN CONSTITUTES AN OFFER OR GUARANTEE OF QSEHRA ELIGIBILITY OR QSEHRA-RELATED PURCHASE REIMBURSEMENT; (II) REQUIREMENTS FOR A SPECIFIC INSURANCE PLAN OR SERVICE ARE MADE SOLELY BY THE BENEFITS PROVIDER OF THAT INSURANCE PLAN OR SERVICE; (III) GUSTO INSURANCE DOES NOT GUARANTEE ANY BENEFITS PROVIDER’S INSURANCE PLAN OR SERVICE; AND (IV) GUSTO INSURANCE IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, LIABILITIES, OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH USER’S USE OF ANY BENEFITS PROVIDER’S INSURANCE PLAN.