Gusto
Terms
Contracts
- Terms of Service
- Terms for Promotional Offers & Discounts
- Gusto Cookie Policy
- Accountant Program Terms of Service
- Human Resources Service Terms
- Health Insurance Benefits Service Terms
- Tax-Advantaged Accounts Service Terms
- Workers’ Compensation Insurance Terms
- R&D Tax Credit Redemption Service Terms
- R&D Tax Credit Services Terms
- State Registration Agreement
- International Contractor Payments Service Terms
- Background Checks Terms of Service
- Kiosk Service Terms
- Tax Form Printing & Mailing Terms
- Accessibility Statement
- R&D Tax Credit Services Referral Partner Program
- Developer Terms of Service
- Check Mailing and Printing Terms
- Privacy Policy
- Payroll Service Terms
Terms of Service
Effective October 19, 2023
DownloadTable of Contents
Last updated September 26, 2017
1. Additional Terms for Services
Service Plan | Service Terms |
Core | Payroll Service Terms and Human Resources Service Terms |
Complete | Payroll Service Terms and Human Resources Service Terms |
Concierge | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Select | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Simple | Payroll Service Terms |
Plus | Payroll Service Terms |
Plus with HR Add-Ons | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Premium | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Add-on Service | Service Terms |
Health Insurance Benefits Service | Health Insurance Benefits Service Terms |
Tax-Advantaged Accounts Service | Tax-Advantaged Accounts Service Terms |
Workers’ Compensation Service | Workers’ Compensation Service Terms |
International Contractor Payments Service | International Contractor Payments Service Terms |
R&D Tax Credit Redemption Service | R&D Tax Credit Redemption Service Terms |
State Tax Registration Service | State Tax Registration Service Terms |
Background Checks Beta | Background Checks Beta Terms |
Gusto R&D Tax Credit Services | Gusto R&D Tax Credit Services Terms |
Human Resources Service | Human Resources Service Terms |
HR Support Center Service | HR Support Center Terms |
2. Services Fees and Charges
3. Switching Service Plans
4. User Accounts
5. Who May Use the Platform
6. Privacy Policy
7. User’s Compliance with the Agreement
8. User Is Responsible for Certain Information and Obligations Relating to the Services
9. User Verification
10. Third-Party Services, Websites, and Resources
11. Proprietary Rights
12. Consent to Receive SMS/MMS Messages About User’s Account
13. General Prohibitions
- Post, upload, publish, submit, share, distribute, or transmit any User Content that: (i) User lacks the authority to post, upload, publish, submit, share, distribute, or transmit; (ii) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) is fraudulent, false, misleading, or deceptive; (v) is defamatory, indecent, obscene, pornographic, vulgar, or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (viii) promotes illegal or harmful activities or substances; or (ix) contains software viruses, worms, defects, Trojans, adware, spyware, malware, or other similar computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware device;
- Use the Services other than as authorized in this Agreement;
- Resell, sublicense, timeshare, or otherwise share the Services with any third party;
- Display, mirror, or frame (i) the Site, or the layout or design of any page on the Site or form contained on a page; (ii) the Platform; (iii) the Services; or (iv) Gusto Content or any individual element within the Site, Platform, or Services, including Gusto’s name and any Gusto trademark, logo, or other proprietary information, in each case, without Gusto’s express prior written consent;
- Access, tamper with, or use non-public areas of the Platform, Services, Gusto’s computer systems, or the technical delivery systems of Gusto’s providers;
- Interfere or attempt to interfere with the proper working of the Platform or the Services (including but not limited to any application, function, or use of the Services) or any activities conducted on the Services;
- Take any action that imposes or may impose (as determined by Gusto in Gusto’s sole discretion) an unreasonable or disproportionately large load on Gusto’s (or Partners’) infrastructure;
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- Harvest or “scrape” any Content from the Platform or Services (such prohibited “scraping” includes, but is not limited to, (i) the use of any automated process or software that sends more requests to Gusto’s Platform than a human could reasonably produce in the same period of time in order to extract Content from the Platform or Services, and; (ii) the sharing of User’s Account credentials with a third party service in order for such third party service to impersonate User and extract Content from the Platform or Services via automatic processes) without Gusto’s express written consent;
- Attempt to probe, scan, or test the vulnerability of any Gusto system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gusto or any of Gusto’s providers or any other third party (including another User) to protect the Platform, Services, or Content;
- Attempt to access or search the Platform, Services, or Content or download Content from the Platform or Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like), other than the software and/or search agents provided by Gusto or other generally available third-party web browsers;
- Access the Services for the purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation through the Platform or Services;
- Use any meta tags or other hidden text or metadata utilizing a Gusto trademark, logo, URL, or product name without Gusto’s express written consent;
- Use the Platform, Services, or Content, or any portion thereof, (i) for any purpose other than User’s internal business purposes, or (ii) for the benefit of any third party or in any manner not permitted by this Agreement;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, Services, or Content to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code, or underlying ideas, or algorithms of any of the software used to provide the Platform, Services, or Content;
- Modify, translate, or otherwise create derivative works of any part of the Platform, Services, or Content other than User’s own User Content;
- Interfere with, or attempt to interfere with, the access of any User, host, or network, or use any device, software, or routine that is intended to damage, surreptitiously intercept, or expropriate any system, data, or communication, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Platform or Services;
- Collect from or store on the Platform or Services any personally identifiable information or protected health information of other Users without their express permission;
- Impersonate or misrepresent User’s affiliation with any person or entity;
- Engage in any fraudulent, deceptive, or illegal practices or activities, or use the Services to directly or indirectly support any such practices or activities;
- Violate any applicable law, rule, or regulation, or the National Automated Clearing House Association Operating Rules, as they may be amended from time to time (as amended, the “NACHA Rules”); or
- Encourage, assist, or enable any other individual to do any of the foregoing.
14. Gusto’s Rights to Monitor User Content and Conduct
15. E-Signatures
16. Gusto Makes No Representations Regarding Platform Availability
17. The Platform Can Cause Irrevocable Damage to User Content
18. Warranty Disclaimers
19. Indemnity
20. Limitation of Liability
21. Duty to Mitigate
22. Term; Termination; Suspension
23. Changes to the Agreement, Platform, or Service
24. Governing Law
25. Arbitration
26. Gusto Is Not Responsible for Things Gusto Cannot Control
27. General
28. Electronic Transmission
29. Contact Information
Effective October 19, 2023 to October 19, 2023
DownloadTable of Contents
Last updated September 26, 2017
1. Additional Terms for Services
Service Plan | Service Terms |
Core | Payroll Service Terms and Human Resources Service Terms |
Complete | Payroll Service Terms and Human Resources Service Terms |
Concierge | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Select | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Simple | Payroll Service Terms |
Plus | Payroll Service Terms |
Plus with HR Add-Ons | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Premium | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Add-on Service | Service Terms |
Health Insurance Benefits Service | Health Insurance Benefits Service Terms |
Tax-Advantaged Accounts Service | Tax-Advantaged Accounts Service Terms |
Workers’ Compensation Service | Workers’ Compensation Service Terms |
International Contractor Payments Service | International Contractor Payments Service Terms |
R&D Tax Credit Redemption Service | R&D Tax Credit Redemption Service Terms |
State Tax Registration Service | State Tax Registration Service Terms |
Background Checks Beta | Background Checks Beta Terms |
Gusto R&D Tax Credit Services | Gusto R&D Tax Credit Services Terms |
Human Resources Service | Human Resources Service Terms |
HR Support Center Service | HR Support Center Terms |
2. Services Fees and Charges
3. Switching Service Plans
4. User Accounts
5. Who May Use the Platform
6. Privacy Policy
7. User’s Compliance with the Agreement
8. User Is Responsible for Certain Information and Obligations Relating to the Services
9. User Verification
10. Third-Party Services, Websites, and Resources
11. Proprietary Rights
12. Consent to Receive SMS/MMS Messages About User’s Account
13. General Prohibitions
- Post, upload, publish, submit, share, distribute, or transmit any User Content that: (i) User lacks the authority to post, upload, publish, submit, share, distribute, or transmit; (ii) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) is fraudulent, false, misleading, or deceptive; (v) is defamatory, indecent, obscene, pornographic, vulgar, or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (viii) promotes illegal or harmful activities or substances; or (ix) contains software viruses, worms, defects, Trojans, adware, spyware, malware, or other similar computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware device;
- Use the Services other than as authorized in this Agreement;
- Resell, sublicense, timeshare, or otherwise share the Services with any third party;
- Display, mirror, or frame (i) the Site, or the layout or design of any page on the Site or form contained on a page; (ii) the Platform; (iii) the Services; or (iv) Gusto Content or any individual element within the Site, Platform, or Services, including Gusto’s name and any Gusto trademark, logo, or other proprietary information, in each case, without Gusto’s express prior written consent;
- Access, tamper with, or use non-public areas of the Platform, Services, Gusto’s computer systems, or the technical delivery systems of Gusto’s providers;
- Interfere or attempt to interfere with the proper working of the Platform or the Services (including but not limited to any application, function, or use of the Services) or any activities conducted on the Services;
- Take any action that imposes or may impose (as determined by Gusto in Gusto’s sole discretion) an unreasonable or disproportionately large load on Gusto’s (or Partners’) infrastructure;
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- Harvest or “scrape” any Content from the Platform or Services (such prohibited “scraping” includes, but is not limited to, (i) the use of any automated process or software that sends more requests to Gusto’s Platform than a human could reasonably produce in the same period of time in order to extract Content from the Platform or Services, and; (ii) the sharing of User’s Account credentials with a third party service in order for such third party service to impersonate User and extract Content from the Platform or Services via automatic processes) without Gusto’s express written consent;
- Attempt to probe, scan, or test the vulnerability of any Gusto system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gusto or any of Gusto’s providers or any other third party (including another User) to protect the Platform, Services, or Content;
- Attempt to access or search the Platform, Services, or Content or download Content from the Platform or Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like), other than the software and/or search agents provided by Gusto or other generally available third-party web browsers;
- Access the Services for the purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation through the Platform or Services;
- Use any meta tags or other hidden text or metadata utilizing a Gusto trademark, logo, URL, or product name without Gusto’s express written consent;
- Use the Platform, Services, or Content, or any portion thereof, (i) for any purpose other than User’s internal business purposes, or (ii) for the benefit of any third party or in any manner not permitted by this Agreement;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, Services, or Content to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code, or underlying ideas, or algorithms of any of the software used to provide the Platform, Services, or Content;
- Modify, translate, or otherwise create derivative works of any part of the Platform, Services, or Content other than User’s own User Content;
- Interfere with, or attempt to interfere with, the access of any User, host, or network, or use any device, software, or routine that is intended to damage, surreptitiously intercept, or expropriate any system, data, or communication, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Platform or Services;
- Collect from or store on the Platform or Services any personally identifiable information or protected health information of other Users without their express permission;
- Impersonate or misrepresent User’s affiliation with any person or entity;
- Engage in any fraudulent, deceptive, or illegal practices or activities, or use the Services to directly or indirectly support any such practices or activities;
- Violate any applicable law, rule, or regulation, or the National Automated Clearing House Association Operating Rules, as they may be amended from time to time (as amended, the “NACHA Rules”); or
- Encourage, assist, or enable any other individual to do any of the foregoing.
14. Gusto’s Rights to Monitor User Content and Conduct
15. E-Signatures
16. Gusto Makes No Representations Regarding Platform Availability
17. The Platform Can Cause Irrevocable Damage to User Content
18. Warranty Disclaimers
19. Indemnity
20. Limitation of Liability
21. Duty to Mitigate
22. Term; Termination; Suspension
23. Changes to the Agreement, Platform, or Service
24. Governing Law
25. Arbitration
26. Gusto Is Not Responsible for Things Gusto Cannot Control
27. General
28. Electronic Transmission
29. Contact Information
Effective October 19, 2023 to October 19, 2023
DownloadTable of Contents
Last updated September 26, 2017
1. Additional Terms for Services
Service Plan | Service Terms |
Core | Payroll Service Terms and Human Resources Service Terms |
Complete | Payroll Service Terms and Human Resources Service Terms |
Concierge | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Select | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Simple | Payroll Service Terms |
Plus | Payroll Service Terms |
Plus with HR Add-Ons | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Premium | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Add-on Service | Service Terms |
Health Insurance Benefits Service | Health Insurance Benefits Service Terms |
Tax-Advantaged Accounts Service | Tax-Advantaged Accounts Service Terms |
Workers’ Compensation Service | Workers’ Compensation Service Terms |
International Contractor Payments Service | International Contractor Payments Service Terms |
R&D Tax Credit Redemption Service | R&D Tax Credit Redemption Service Terms |
State Tax Registration Service | State Tax Registration Service Terms |
Background Checks Beta | Background Checks Beta Terms |
Gusto R&D Tax Credit Services | Gusto R&D Tax Credit Services Terms |
Human Resources Service | Human Resources Service Terms |
HR Support Center Service | HR Support Center Terms |
2. Services Fees and Charges
3. Switching Service Plans
4. User Accounts
5. Who May Use the Platform
6. Privacy Policy
7. User’s Compliance with the Agreement
8. User Is Responsible for Certain Information and Obligations Relating to the Services
9. User Verification
10. Third-Party Services, Websites, and Resources
11. Proprietary Rights
12. Consent to Receive SMS/MMS Messages About User’s Account
13. General Prohibitions
- Post, upload, publish, submit, share, distribute, or transmit any User Content that: (i) User lacks the authority to post, upload, publish, submit, share, distribute, or transmit; (ii) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) is fraudulent, false, misleading, or deceptive; (v) is defamatory, indecent, obscene, pornographic, vulgar, or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (viii) promotes illegal or harmful activities or substances; or (ix) contains software viruses, worms, defects, Trojans, adware, spyware, malware, or other similar computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware device;
- Use the Services other than as authorized in this Agreement;
- Resell, sublicense, timeshare, or otherwise share the Services with any third party;
- Display, mirror, or frame (i) the Site, or the layout or design of any page on the Site or form contained on a page; (ii) the Platform; (iii) the Services; or (iv) Gusto Content or any individual element within the Site, Platform, or Services, including Gusto’s name and any Gusto trademark, logo, or other proprietary information, in each case, without Gusto’s express prior written consent;
- Access, tamper with, or use non-public areas of the Platform, Services, Gusto’s computer systems, or the technical delivery systems of Gusto’s providers;
- Interfere or attempt to interfere with the proper working of the Platform or the Services (including but not limited to any application, function, or use of the Services) or any activities conducted on the Services;
- Take any action that imposes or may impose (as determined by Gusto in Gusto’s sole discretion) an unreasonable or disproportionately large load on Gusto’s (or Partners’) infrastructure;
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- Harvest or “scrape” any Content from the Platform or Services (such prohibited “scraping” includes, but is not limited to, (i) the use of any automated process or software that sends more requests to Gusto’s Platform than a human could reasonably produce in the same period of time in order to extract Content from the Platform or Services, and; (ii) the sharing of User’s Account credentials with a third party service in order for such third party service to impersonate User and extract Content from the Platform or Services via automatic processes) without Gusto’s express written consent;
- Attempt to probe, scan, or test the vulnerability of any Gusto system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gusto or any of Gusto’s providers or any other third party (including another User) to protect the Platform, Services, or Content;
- Attempt to access or search the Platform, Services, or Content or download Content from the Platform or Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like), other than the software and/or search agents provided by Gusto or other generally available third-party web browsers;
- Access the Services for the purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation through the Platform or Services;
- Use any meta tags or other hidden text or metadata utilizing a Gusto trademark, logo, URL, or product name without Gusto’s express written consent;
- Use the Platform, Services, or Content, or any portion thereof, (i) for any purpose other than User’s internal business purposes, or (ii) for the benefit of any third party or in any manner not permitted by this Agreement;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, Services, or Content to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code, or underlying ideas, or algorithms of any of the software used to provide the Platform, Services, or Content;
- Modify, translate, or otherwise create derivative works of any part of the Platform, Services, or Content other than User’s own User Content;
- Interfere with, or attempt to interfere with, the access of any User, host, or network, or use any device, software, or routine that is intended to damage, surreptitiously intercept, or expropriate any system, data, or communication, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Platform or Services;
- Collect from or store on the Platform or Services any personally identifiable information or protected health information of other Users without their express permission;
- Impersonate or misrepresent User’s affiliation with any person or entity;
- Engage in any fraudulent, deceptive, or illegal practices or activities, or use the Services to directly or indirectly support any such practices or activities;
- Violate any applicable law, rule, or regulation, or the National Automated Clearing House Association Operating Rules, as they may be amended from time to time (as amended, the “NACHA Rules”); or
- Encourage, assist, or enable any other individual to do any of the foregoing.
14. Gusto’s Rights to Monitor User Content and Conduct
15. E-Signatures
16. Gusto Makes No Representations Regarding Platform Availability
17. The Platform Can Cause Irrevocable Damage to User Content
18. Warranty Disclaimers
19. Indemnity
20. Limitation of Liability
21. Duty to Mitigate
22. Term; Termination; Suspension
23. Changes to the Agreement, Platform, or Service
24. Governing Law
25. Arbitration
26. Gusto Is Not Responsible for Things Gusto Cannot Control
27. General
28. Electronic Transmission
29. Contact Information
Effective October 19, 2023 to October 19, 2023
DownloadTable of Contents
Last updated September 26, 2017
	
1. Additional Terms for Services
Service Plan | 				Service Terms | 			
Core | 				Payroll Service Terms and Human Resources Service Terms | 			
Complete | 				Payroll Service Terms and Human Resources Service Terms | 			
Concierge | 				Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms | 			
Select | 				Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms | 			
Simple | 				Payroll Service Terms | 			
Plus | 				Payroll Service Terms | 			
Plus with HR Add-Ons | 				Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms | 			
Premium | 				Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms | 			
Add-on Service | 				Service Terms | 			
Health Insurance Benefits Service | 				Health Insurance Benefits Service Terms | 			
Tax-Advantaged Accounts Service | 				Tax-Advantaged Accounts Service Terms | 			
Workers’ Compensation Service | 				Workers’ Compensation Service Terms | 			
International Contractor Payments Service | 				International Contractor Payments Service Terms | 			
R&D Tax Credit Redemption Service | 				R&D Tax Credit Redemption Service Terms | 			
State Tax Registration Service | 				State Tax Registration Service Terms | 			
Background Checks Beta | 				Background Checks Beta Terms | 			
Gusto R&D Tax Credit Services | 				Gusto R&D Tax Credit Services Terms | 			
Human Resources Service | 				Human Resources Service Terms | 			
HR Support Center Service | 				HR Support Center Terms | 			
	
2. Services Fees and Charges
	
3. Switching Service Plans
	
4. User Accounts
	
5. Who May Use the Platform
	
6. Privacy Policy
	
	
7. User’s Compliance with the Agreement
8. User Is Responsible for Certain Information and Obligations Relating to the Services
	
9. User Verification
	
10. Third-Party Services, Websites, and Resources
	
11. Proprietary Rights
	
12. Consent to Receive SMS/MMS Messages About User’s Account
	
13. General Prohibitions
- 	
- Post, upload, publish, submit, share, distribute, or transmit any User Content that: (i) User lacks the authority to post, upload, publish, submit, share, distribute, or transmit; (ii) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) is fraudulent, false, misleading, or deceptive; (v) is defamatory, indecent, obscene, pornographic, vulgar, or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (viii) promotes illegal or harmful activities or substances; or (ix) contains software viruses, worms, defects, Trojans, adware, spyware, malware, or other similar computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware device; 	
- Use the Services other than as authorized in this Agreement; 	
- Resell, sublicense, timeshare, or otherwise share the Services with any third party; 	
- Display, mirror, or frame (i) the Site, or the layout or design of any page on the Site or form contained on a page; (ii) the Platform; (iii) the Services; or (iv) Gusto Content or any individual element within the Site, Platform, or Services, including Gusto’s name and any Gusto trademark, logo, or other proprietary information, in each case, without Gusto’s express prior written consent; 	
- Access, tamper with, or use non-public areas of the Platform, Services, Gusto’s computer systems, or the technical delivery systems of Gusto’s providers; 	
- Interfere or attempt to interfere with the proper working of the Platform or the Services (including but not limited to any application, function, or use of the Services) or any activities conducted on the Services; 	
- Take any action that imposes or may impose (as determined by Gusto in Gusto’s sole discretion) an unreasonable or disproportionately large load on Gusto’s (or Partners’) infrastructure; 	
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; 	
- Harvest or “scrape” any Content from the Platform or Services (such prohibited “scraping” includes, but is not limited to, (i) the use of any automated process or software that sends more requests to Gusto’s Platform than a human could reasonably produce in the same period of time in order to extract Content from the Platform or Services, and; (ii) the sharing of User’s Account credentials with a third party service in order for such third party service to impersonate User and extract Content from the Platform or Services via automatic processes) without Gusto’s express written consent; 	
- Attempt to probe, scan, or test the vulnerability of any Gusto system or network or breach any security or authentication measures; 	
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gusto or any of Gusto’s providers or any other third party (including another User) to protect the Platform, Services, or Content; 	
- Attempt to access or search the Platform, Services, or Content or download Content from the Platform or Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like), other than the software and/or search agents provided by Gusto or other generally available third-party web browsers; 	
- Access the Services for the purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes; 	
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation through the Platform or Services; 	
- Use any meta tags or other hidden text or metadata utilizing a Gusto trademark, logo, URL, or product name without Gusto’s express written consent; 	
- Use the Platform, Services, or Content, or any portion thereof, (i) for any purpose other than User’s internal business purposes, or (ii) for the benefit of any third party or in any manner not permitted by this Agreement; 	
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, Services, or Content to send altered, deceptive, or false source-identifying information; 	
- Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code, or underlying ideas, or algorithms of any of the software used to provide the Platform, Services, or Content; 	
- Modify, translate, or otherwise create derivative works of any part of the Platform, Services, or Content other than User’s own User Content; 	
- Interfere with, or attempt to interfere with, the access of any User, host, or network, or use any device, software, or routine that is intended to damage, surreptitiously intercept, or expropriate any system, data, or communication, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Platform or Services; 	
- Collect from or store on the Platform or Services any personally identifiable information or protected health information of other Users without their express permission; 	
- Impersonate or misrepresent User’s affiliation with any person or entity; 	
- Engage in any fraudulent, deceptive, or illegal practices or activities, or use the Services to directly or indirectly support any such practices or activities; 	
- Violate any applicable law, rule, or regulation, or the National Automated Clearing House Association Operating Rules, as they may be amended from time to time (as amended, the “NACHA Rules”); or 	
- Encourage, assist, or enable any other individual to do any of the foregoing.
	
14. Gusto’s Rights to Monitor User Content and Conduct
	
15. E-Signatures
	
16. Gusto Makes No Representations Regarding Platform Availability
	
17. The Platform Can Cause Irrevocable Damage to User Content
	
18. Warranty Disclaimers
	
19. Indemnity
	
20. Limitation of Liability
	
21. Duty to Mitigate
	
22. Term; Termination; Suspension
23. Changes to the Agreement, Platform, or Service
	
24. Governing Law
	
25. Arbitration
	
26. Gusto Is Not Responsible for Things Gusto Cannot Control
	
27. General
	
28. Electronic Transmission
	
29. Contact Information
Effective October 19, 2023 to October 19, 2023
DownloadTable of Contents
Last updated September 26, 2017
1. Additional Terms for Services
Service Plan | Service Terms |
Core | Payroll Service Terms and Human Resources Service Terms |
Complete | Payroll Service Terms and Human Resources Service Terms |
Concierge | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Select | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Simple | Payroll Service Terms |
Plus | Payroll Service Terms |
Plus with HR Add-Ons | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Premium | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Add-on Service | Service Terms |
Health Insurance Benefits Service | Health Insurance Benefits Service Terms |
Tax-Advantaged Accounts Service | Tax-Advantaged Accounts Service Terms |
Workers’ Compensation Service | Workers’ Compensation Service Terms |
International Contractor Payments Service | International Contractor Payments Service Terms |
R&D Tax Credit Redemption Service | R&D Tax Credit Redemption Service Terms |
State Tax Registration Service | State Tax Registration Service Terms |
Background Checks Beta | Background Checks Beta Terms |
Gusto R&D Tax Credit Services | Gusto R&D Tax Credit Services Terms |
Human Resources Service | Human Resources Service Terms |
HR Support Center Service | HR Support Center Terms |
2. Services Fees and Charges
3. Switching Service Plans
4. User Accounts
5. Who May Use the Platform
6. Privacy Policy
7. User’s Compliance with the Agreement
8. User Is Responsible for Certain Information and Obligations Relating to the Services
9. User Verification
10. Third-Party Services, Websites, and Resources
11. Proprietary Rights
12. Consent to Receive SMS/MMS Messages About User’s Account
13. General Prohibitions
- Post, upload, publish, submit, share, distribute, or transmit any User Content that: (i) User lacks the authority to post, upload, publish, submit, share, distribute, or transmit; (ii) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) is fraudulent, false, misleading, or deceptive; (v) is defamatory, indecent, obscene, pornographic, vulgar, or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (viii) promotes illegal or harmful activities or substances; or (ix) contains software viruses, worms, defects, Trojans, adware, spyware, malware, or other similar computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware device;
- Use the Services other than as authorized in this Agreement;
- Resell, sublicense, timeshare, or otherwise share the Services with any third party;
- Display, mirror, or frame (i) the Site, or the layout or design of any page on the Site or form contained on a page; (ii) the Platform; (iii) the Services; or (iv) Gusto Content or any individual element within the Site, Platform, or Services, including Gusto’s name and any Gusto trademark, logo, or other proprietary information, in each case, without Gusto’s express prior written consent;
- Access, tamper with, or use non-public areas of the Platform, Services, Gusto’s computer systems, or the technical delivery systems of Gusto’s providers;
- Interfere or attempt to interfere with the proper working of the Platform or the Services (including but not limited to any application, function, or use of the Services) or any activities conducted on the Services;
- Take any action that imposes or may impose (as determined by Gusto in Gusto’s sole discretion) an unreasonable or disproportionately large load on Gusto’s (or Partners’) infrastructure;
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- Harvest or “scrape” any Content from the Platform or Services (such prohibited “scraping” includes, but is not limited to, (i) the use of any automated process or software that sends more requests to Gusto’s Platform than a human could reasonably produce in the same period of time in order to extract Content from the Platform or Services, and; (ii) the sharing of User’s Account credentials with a third party service in order for such third party service to impersonate User and extract Content from the Platform or Services via automatic processes) without Gusto’s express written consent;
- Attempt to probe, scan, or test the vulnerability of any Gusto system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gusto or any of Gusto’s providers or any other third party (including another User) to protect the Platform, Services, or Content;
- Attempt to access or search the Platform, Services, or Content or download Content from the Platform or Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like), other than the software and/or search agents provided by Gusto or other generally available third-party web browsers;
- Access the Services for the purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation through the Platform or Services;
- Use any meta tags or other hidden text or metadata utilizing a Gusto trademark, logo, URL, or product name without Gusto’s express written consent;
- Use the Platform, Services, or Content, or any portion thereof, (i) for any purpose other than User’s internal business purposes, or (ii) for the benefit of any third party or in any manner not permitted by this Agreement;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, Services, or Content to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code, or underlying ideas, or algorithms of any of the software used to provide the Platform, Services, or Content;
- Modify, translate, or otherwise create derivative works of any part of the Platform, Services, or Content other than User’s own User Content;
- Interfere with, or attempt to interfere with, the access of any User, host, or network, or use any device, software, or routine that is intended to damage, surreptitiously intercept, or expropriate any system, data, or communication, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Platform or Services;
- Collect from or store on the Platform or Services any personally identifiable information or protected health information of other Users without their express permission;
- Impersonate or misrepresent User’s affiliation with any person or entity;
- Engage in any fraudulent, deceptive, or illegal practices or activities, or use the Services to directly or indirectly support any such practices or activities;
- Violate any applicable law, rule, or regulation, or the National Automated Clearing House Association Operating Rules, as they may be amended from time to time (as amended, the “NACHA Rules”); or
- Encourage, assist, or enable any other individual to do any of the foregoing.
14. Gusto’s Rights to Monitor User Content and Conduct
15. E-Signatures
16. Gusto Makes No Representations Regarding Platform Availability
17. The Platform Can Cause Irrevocable Damage to User Content
18. Warranty Disclaimers
19. Indemnity
20. Limitation of Liability
21. Duty to Mitigate
22. Term; Termination; Suspension
23. Changes to the Agreement, Platform, or Service
24. Governing Law
25. Arbitration
26. Gusto Is Not Responsible for Things Gusto Cannot Control
27. General
28. Electronic Transmission
29. Contact Information
Effective September 29, 2023 to October 19, 2023
DownloadTable of Contents
Service Plan | Service Terms |
Core | Payroll Service Terms and Human Resources Service Terms |
Complete | Payroll Service Terms and Human Resources Service Terms |
Concierge | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Select | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Simple | Payroll Service Terms |
Plus | Payroll Service Terms |
Plus with HR Add-Ons | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Premium | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Terms |
Add-on Service | Service Terms |
Health Insurance Benefits Service | Health Insurance Benefits Service Terms |
Tax-Advantaged Accounts Service | Tax-Advantaged Accounts Service Terms |
Workers’ Compensation Service | Workers’ Compensation Service Terms |
International Contractor Payments Service | International Contractor Payments Service Terms |
R&D Tax Credit Redemption Service | R&D Tax Credit Redemption Service Terms |
State Tax Registration Service | State Tax Registration Service Terms |
Background Checks Beta | Background Checks Beta Terms |
Gusto R&D Tax Credit Services | Gusto R&D Tax Credit Services Terms |
Human Resources Service | Human Resources Service Terms |
HR Support Center Service | HR Support Center Terms |
- Post, upload, publish, submit, share, distribute, or transmit any User Content that: (i) User lacks the authority to post, upload, publish, submit, share, distribute, or transmit; (ii) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) is fraudulent, false, misleading, or deceptive; (v) is defamatory, indecent, obscene, pornographic, vulgar, or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (viii) promotes illegal or harmful activities or substances; or (ix) contains software viruses, worms, defects, Trojans, adware, spyware, malware, or other similar computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware device;
- Use the Services other than as authorized in this Agreement;
- Resell, sublicense, timeshare, or otherwise share the Services with any third party;
- Display, mirror, or frame (i) the Site, or the layout or design of any page on the Site or form contained on a page; (ii) the Platform; (iii) the Services; or (iv) Gusto Content or any individual element within the Site, Platform, or Services, including Gusto’s name and any Gusto trademark, logo, or other proprietary information, in each case, without Gusto’s express prior written consent;
- Access, tamper with, or use non-public areas of the Platform, Services, Gusto’s computer systems, or the technical delivery systems of Gusto’s providers;
- Interfere or attempt to interfere with the proper working of the Platform or the Services (including but not limited to any application, function, or use of the Services) or any activities conducted on the Services;
- Take any action that imposes or may impose (as determined by Gusto in Gusto’s sole discretion) an unreasonable or disproportionately large load on Gusto’s (or Partners’) infrastructure;
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- Harvest or “scrape” any Content from the Platform or Services (such prohibited “scraping” includes, but is not limited to, (i) the use of any automated process or software that sends more requests to Gusto’s Platform than a human could reasonably produce in the same period of time in order to extract Content from the Platform or Services, and; (ii) the sharing of User’s Account credentials with a third party service in order for such third party service to impersonate User and extract Content from the Platform or Services via automatic processes) without Gusto’s express written consent;
- Attempt to probe, scan, or test the vulnerability of any Gusto system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gusto or any of Gusto’s providers or any other third party (including another User) to protect the Platform, Services, or Content;
- Attempt to access or search the Platform, Services, or Content or download Content from the Platform or Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like), other than the software and/or search agents provided by Gusto or other generally available third-party web browsers;
- Access the Services for the purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation through the Platform or Services;
- Use any meta tags or other hidden text or metadata utilizing a Gusto trademark, logo, URL, or product name without Gusto’s express written consent;
- Use the Platform, Services, or Content, or any portion thereof, (i) for any purpose other than User’s internal business purposes, or (ii) for the benefit of any third party or in any manner not permitted by this Agreement;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, Services, or Content to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code, or underlying ideas, or algorithms of any of the software used to provide the Platform, Services, or Content;
- Modify, translate, or otherwise create derivative works of any part of the Platform, Services, or Content other than User’s own User Content;
- Interfere with, or attempt to interfere with, the access of any User, host, or network, or use any device, software, or routine that is intended to damage, surreptitiously intercept, or expropriate any system, data, or communication, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Platform or Services;
- Collect from or store on the Platform or Services any personally identifiable information or protected health information of other Users without their express permission;
- Impersonate or misrepresent User’s affiliation with any person or entity;
- Engage in any fraudulent, deceptive, or illegal practices or activities, or use the Services to directly or indirectly support any such practices or activities;
- Violate any applicable law, rule, or regulation, or the National Automated Clearing House Association Operating Rules, as they may be amended from time to time (as amended, the “NACHA Rules”); or
- Encourage, assist, or enable any other individual to do any of the foregoing.
Terms for Promotional Offers & Discounts
Effective October 20, 2023
DownloadTable of Contents
Last updated: February 27, 2023
The Gusto Terms of Service and Privacy Policy apply for all promotions, discounts, and use of the Gusto Platform, Services, and features. In addition, the Terms listed below apply to each promotion and/or discount as indicated. Capitalized terms below have the meanings given to them in the Gusto Terms of Service.
To qualify for and receive any promotion and/or discount offered by Gusto (collectively “Offer(s)”), you must meet the requirements indicated in the Offer, in your Account (as applicable), and those listed below. You must have a current Account, and your Account must not be terminated or suspended in order to to take advantage of an Offer. You are under no obligation to purchase any insurance-related Services of any kind from us or any of our subsidiaries or affiliates in exchange for receiving an Offer or Offers. Offers are extended to all customers who meet the eligibility criteria listed in these Terms, the Gusto Terms of Service, and/or any terms listed in the applicable Offer or Service Terms; and the availability of any Offer is not contingent in any way upon a customer’s purchase of insurance from Gusto or one of our affiliates or subsidiaries.
Gusto has two types of Offers:
- Percentage discounts reduce the cost of the Service, product or Service Plan specified in the Offer by a certain percent.
- Fixed or “flat” discounts remove a defined amount (e.g. $20) from the cost of the Service, product or Service Plan specified in the Offer. In some cases, a fixed discount may remove the entire cost of the applicable Service, product or Service Plan (e.g. a month of free payroll).
Offers will be applied to your Gusto invoice(s) while all applicable terms and conditions are met or fulfilled. In some cases, an Offer may apply to multiple consecutive invoices. In those cases, the Offer may only be applied to consecutive invoices while the applicable conditions are met.
Offers cannot be combined or “stacked” unless otherwise indicated. If Offers may be combined to apply to the same product or service, the manner in which those Offers may be combined will be as follows, unless otherwise indicated in the applicable Offer or Service Terms:
- Percentage discounts applicable to the same Service, product or Service Plan will be applied sequentially, unless otherwise specified in the Offer or the applicable Service Terms (e.g., if you have received two 10% discounts on a product that will cost $100, Gusto will apply a 10% discount to the $100 total, and then will apply the second 10% discount to the reduced total, coming to a total discounted price of $81 for that product);
- In the event that percentage discounts and fixed discounts may be applied to the same Service, product or Service Plan, the percentage discount will be applied first, followed by the fixed discount.
For Offers available to new customers, as applicable, such new customers will be disqualified and will not be entitled to receive the Offer if Gusto has a record of their name, email, phone number, or payment information having being used for a prior Account or being linked to an existing active or inactive Account or otherwise suspected of fraudulent activity.
Offers cannot be redeemed for cash or cash equivalent. Offers are not transferable and may not be auctioned, traded, copied, transferred, bartered, modified or sold. Offers cannot be applied retroactively to prior invoices. All Gusto Offers, products and Services are subject to availability. Gusto reserves the right to modify or cancel an Offer at any time. Offers are void where restricted or prohibited by law. Gusto’s computer is the official date/time keeping device for all Offers. Gusto may change or update these Terms at any time. You are responsible for paying any applicable sales tax related to your use of an Offer, and Gusto has no obligation for payment of any tax in conjunction with the distribution or use of any Offer.
Effective October 20, 2023 to October 20, 2023
DownloadTable of Contents
Last updated: February 27, 2023
The Gusto Terms of Service and Privacy Policy apply for all promotions, discounts, and use of the Gusto Platform, Services, and features. In addition, the Terms listed below apply to each promotion and/or discount as indicated. Capitalized terms below have the meanings given to them in the Gusto Terms of Service.
To qualify for and receive any promotion and/or discount offered by Gusto (collectively “Offer(s)”), you must meet the requirements indicated in the Offer, in your Account (as applicable), and those listed below. You must have a current Account, and your Account must not be terminated or suspended in order to to take advantage of an Offer. You are under no obligation to purchase any insurance-related Services of any kind from us or any of our subsidiaries or affiliates in exchange for receiving an Offer or Offers. Offers are extended to all customers who meet the eligibility criteria listed in these Terms, the Gusto Terms of Service, and/or any terms listed in the applicable Offer or Service Terms; and the availability of any Offer is not contingent in any way upon a customer’s purchase of insurance from Gusto or one of our affiliates or subsidiaries.
Gusto has two types of Offers:
- Percentage discounts reduce the cost of the Service, product or Service Plan specified in the Offer by a certain percent.
- Fixed or “flat” discounts remove a defined amount (e.g. $20) from the cost of the Service, product or Service Plan specified in the Offer. In some cases, a fixed discount may remove the entire cost of the applicable Service, product or Service Plan (e.g. a month of free payroll).
Offers will be applied to your Gusto invoice(s) while all applicable terms and conditions are met or fulfilled. In some cases, an Offer may apply to multiple consecutive invoices. In those cases, the Offer may only be applied to consecutive invoices while the applicable conditions are met.
Offers cannot be combined or “stacked” unless otherwise indicated. If Offers may be combined to apply to the same product or service, the manner in which those Offers may be combined will be as follows, unless otherwise indicated in the applicable Offer or Service Terms:
- Percentage discounts applicable to the same Service, product or Service Plan will be applied sequentially, unless otherwise specified in the Offer or the applicable Service Terms (e.g., if you have received two 10% discounts on a product that will cost $100, Gusto will apply a 10% discount to the $100 total, and then will apply the second 10% discount to the reduced total, coming to a total discounted price of $81 for that product);
- In the event that percentage discounts and fixed discounts may be applied to the same Service, product or Service Plan, the percentage discount will be applied first, followed by the fixed discount.
For Offers available to new customers, as applicable, such new customers will be disqualified and will not be entitled to receive the Offer if Gusto has a record of their name, email, phone number, or payment information having being used for a prior Account or being linked to an existing active or inactive Account or otherwise suspected of fraudulent activity.
Offers cannot be redeemed for cash or cash equivalent. Offers are not transferable and may not be auctioned, traded, copied, transferred, bartered, modified or sold. Offers cannot be applied retroactively to prior invoices. All Gusto Offers, products and Services are subject to availability. Gusto reserves the right to modify or cancel an Offer at any time. Offers are void where restricted or prohibited by law. Gusto’s computer is the official date/time keeping device for all Offers. Gusto may change or update these Terms at any time. You are responsible for paying any applicable sales tax related to your use of an Offer, and Gusto has no obligation for payment of any tax in conjunction with the distribution or use of any Offer.
Effective October 19, 2023 to October 20, 2023
DownloadTable of Contents
Last updated: February 27, 2023
The Gusto Terms of Service and Privacy Policy apply for all promotions, discounts, and use of the Gusto Platform, Services, and features. In addition, the Terms listed below apply to each promotion and/or discount as indicated. Capitalized terms below have the meanings given to them in the Gusto Terms of Service.
To qualify for and receive any promotion and/or discount offered by Gusto (collectively “Offer(s)”), you must meet the requirements indicated in the Offer, in your Account (as applicable), and those listed below. You must have a current Account, and your Account must not be terminated or suspended in order to to take advantage of an Offer. You are under no obligation to purchase any insurance-related Services of any kind from us or any of our subsidiaries or affiliates in exchange for receiving an Offer or Offers. Offers are extended to all customers who meet the eligibility criteria listed in these Terms, the Gusto Terms of Service, and/or any terms listed in the applicable Offer or Service Terms; and the availability of any Offer is not contingent in any way upon a customer’s purchase of insurance from Gusto or one of our affiliates or subsidiaries.
Gusto has two types of Offers:
- Percentage discounts reduce the cost of the Service, product or Service Plan specified in the Offer by a certain percent.
- Fixed or “flat” discounts remove a defined amount (e.g. $20) from the cost of the Service, product or Service Plan specified in the Offer. In some cases, a fixed discount may remove the entire cost of the applicable Service, product or Service Plan (e.g. a month of free payroll).
Offers will be applied to your Gusto invoice(s) while all applicable terms and conditions are met or fulfilled. In some cases, an Offer may apply to multiple consecutive invoices. In those cases, the Offer may only be applied to consecutive invoices while the applicable conditions are met.
Offers cannot be combined or “stacked” unless otherwise indicated. If Offers may be combined to apply to the same product or service, the manner in which those Offers may be combined will be as follows, unless otherwise indicated in the applicable Offer or Service Terms:
- Percentage discounts applicable to the same Service, product or Service Plan will be applied sequentially, unless otherwise specified in the Offer or the applicable Service Terms (e.g., if you have received two 10% discounts on a product that will cost $100, Gusto will apply a 10% discount to the $100 total, and then will apply the second 10% discount to the reduced total, coming to a total discounted price of $81 for that product);
- In the event that percentage discounts and fixed discounts may be applied to the same Service, product or Service Plan, the percentage discount will be applied first, followed by the fixed discount.
For Offers available to new customers, as applicable, such new customers will be disqualified and will not be entitled to receive the Offer if Gusto has a record of their name, email, phone number, or payment information having being used for a prior Account or being linked to an existing active or inactive Account or otherwise suspected of fraudulent activity.
Offers cannot be redeemed for cash or cash equivalent. Offers are not transferable and may not be auctioned, traded, copied, transferred, bartered, modified or sold. Offers cannot be applied retroactively to prior invoices. All Gusto Offers, products and Services are subject to availability. Gusto reserves the right to modify or cancel an Offer at any time. Offers are void where restricted or prohibited by law. Gusto’s computer is the official date/time keeping device for all Offers. Gusto may change or update these Terms at any time. You are responsible for paying any applicable sales tax related to your use of an Offer, and Gusto has no obligation for payment of any tax in conjunction with the distribution or use of any Offer.
Effective October 19, 2023 to October 19, 2023
DownloadTable of Contents
Last updated: February 27, 2023
The Gusto Terms of Service and Privacy Policy apply for all promotions, discounts, and use of the Gusto Platform, Services, and features. In addition, the Terms listed below apply to each promotion and/or discount as indicated. Capitalized terms below have the meanings given to them in the Gusto Terms of Service.
To qualify for and receive any promotion and/or discount offered by Gusto (collectively “Offer(s)”), you must meet the requirements indicated in the Offer, in your Account (as applicable), and those listed below. You must have a current Account, and your Account must not be terminated or suspended in order to to take advantage of an Offer. You are under no obligation to purchase any insurance-related Services of any kind from us or any of our subsidiaries or affiliates in exchange for receiving an Offer or Offers. Offers are extended to all customers who meet the eligibility criteria listed in these Terms, the Gusto Terms of Service, and/or any terms listed in the applicable Offer or Service Terms; and the availability of any Offer is not contingent in any way upon a customer’s purchase of insurance from Gusto or one of our affiliates or subsidiaries.
Gusto has two types of Offers:
- Percentage discounts reduce the cost of the Service, product or Service Plan specified in the Offer by a certain percent.
- Fixed or “flat” discounts remove a defined amount (e.g. $20) from the cost of the Service, product or Service Plan specified in the Offer. In some cases, a fixed discount may remove the entire cost of the applicable Service, product or Service Plan (e.g. a month of free payroll).
Offers will be applied to your Gusto invoice(s) while all applicable terms and conditions are met or fulfilled. In some cases, an Offer may apply to multiple consecutive invoices. In those cases, the Offer may only be applied to consecutive invoices while the applicable conditions are met.
Offers cannot be combined or “stacked” unless otherwise indicated. If Offers may be combined to apply to the same product or service, the manner in which those Offers may be combined will be as follows, unless otherwise indicated in the applicable Offer or Service Terms:
- Percentage discounts applicable to the same Service, product or Service Plan will be applied sequentially, unless otherwise specified in the Offer or the applicable Service Terms (e.g., if you have received two 10% discounts on a product that will cost $100, Gusto will apply a 10% discount to the $100 total, and then will apply the second 10% discount to the reduced total, coming to a total discounted price of $81 for that product);
- In the event that percentage discounts and fixed discounts may be applied to the same Service, product or Service Plan, the percentage discount will be applied first, followed by the fixed discount.
For Offers available to new customers, as applicable, such new customers will be disqualified and will not be entitled to receive the Offer if Gusto has a record of their name, email, phone number, or payment information having being used for a prior Account or being linked to an existing active or inactive Account or otherwise suspected of fraudulent activity.
Offers cannot be redeemed for cash or cash equivalent. Offers are not transferable and may not be auctioned, traded, copied, transferred, bartered, modified or sold. Offers cannot be applied retroactively to prior invoices. All Gusto Offers, products and Services are subject to availability. Gusto reserves the right to modify or cancel an Offer at any time. Offers are void where restricted or prohibited by law. Gusto’s computer is the official date/time keeping device for all Offers. Gusto may change or update these Terms at any time. You are responsible for paying any applicable sales tax related to your use of an Offer, and Gusto has no obligation for payment of any tax in conjunction with the distribution or use of any Offer.
Effective October 13, 2023 to October 19, 2023
DownloadTable of Contents
- Percentage discounts reduce the cost of the Service, product or Service Plan specified in the Offer by a certain percent.
- Fixed or “flat” discounts remove a defined amount (e.g. $20) from the cost of the Service, product or Service Plan specified in the Offer. In some cases, a fixed discount may remove the entire cost of the applicable Service, product or Service Plan (e.g. a month of free payroll).
- Percentage discounts applicable to the same Service, product or Service Plan will be applied sequentially, unless otherwise specified in the Offer or the applicable Service Terms (e.g., if you have received two 10% discounts on a product that will cost $100, Gusto will apply a 10% discount to the $100 total, and then will apply the second 10% discount to the reduced total, coming to a total discounted price of $81 for that product);
- In the event that percentage discounts and fixed discounts may be applied to the same Service, product or Service Plan, the percentage discount will be applied first, followed by the fixed discount.
Gusto Cookie Policy
Effective October 21, 2023
DownloadTable of Contents
Last updated January 1, 2023
This Cookie Notice explains how and why Gusto (collectively “we”, “us”, and “ours”) uses cookies and similar technologies to recognise you, as well as track and analyze your actions when you visit our websites at www.Gusto.com (“Websites”). We also provide information related to how and why those same technologies are applied to tracking and analyzing recipients of emails sent by Gusto. Information about what these technologies are and why we use them, as well as your rights to control our use of them, can be found below.
What are cookies?
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.
We refer to cookies created by us as “first party cookies”. We refer to cookies that we set on our website but that are created by parties other than us as “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that provide these third party cookies can recognise your computer both when it visits the website in question and also when it visits certain other websites.
In addition to the party which sets the cookie, the duration of the cookie’s retention in your browser can help define its purpose. Session cookies are cookies which are stored on your device for the duration of the browser session. When you close your browser, the session cookies are cleared. Persistent cookies are stored either until you manually delete them or until your browser deletes them based on the duration set within the persistent cookie file.
Why we use cookies
We use both first and third party cookies for several reasons. First, let’s look at the broad categories of first and third party cookies in use on our sites:
Essential website cookies: These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas. Refusal of these cookies may impact website functionality.
Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.
Analytics and customization cookies: These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective marketing campaigns are, or to help us customize our Websites for you.
Advertising cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously re-appearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.
Social networking cookies: These cookies are used to enable you to share pages and content that you find interesting on our Websites through third party social networking and other websites. These cookies may also be used for advertising purposes too.
Personal data collected by the cookies and related technologies described below would include your location, information about your browsing behavior on this or other sites, and information you provide via forms or single fields on this site. This personal data will be used only in the manners described by this notice and our Privacy Notice.
Cookie List
A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
Cookie Subgroup |
Cookies |
Cookies used |
cdn.gusto.com |
First Party |
|
blog.gusto.com |
First Party |
|
app.gusto.com |
First Party |
|
docs-stoplight.gusto.com |
First Party |
|
gusto.com |
_gcorp_session , _tldtest_xxxxxxxxxxxxxxxxxxxxxxxxxxxxx , dd_site_test_ , gsid , OptanonAlertBoxClosed , OptanonConsent , session_start_needed , user_target_id , utag_main |
First Party |
go.gusto.com |
First Party |
|
gsid |
Third Party |
|
BIGipServerab13web-nginx-app_https |
Third Party |
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
Cookie Subgroup |
Cookies |
Cookies used |
covidresources.gusto.com |
First Party |
|
events.gusto.com |
First Party |
|
go.gusto.com |
First Party |
|
app.gusto.com |
First Party |
|
gusto.com |
__insp_dct , __insp_norec_sess , __insp_nv , __insp_slim , __insp_targlpt , __insp_targlpu , __insp_wid , _clck , _clsk , _ga , _ga_xxxxxxx , _ga_xxxxxxxxxx , _gat_UA- , _gat_xxxxxxxxxxxxxxxxxxxxxxxxxx , _gclxxxx , _gid , _uetvid , fs_uid , optimizelyBuckets , optimizelyEndUserId , optimizelyPendingLogEvents , optimizelySegments , pvc_visits[0] , refiner_cookie_uuid |
First Party |
credits.gusto.com |
First Party |
|
JSESSIONID |
Third Party |
|
_dd_s |
Third Party |
|
qcSxc |
Third Party |
|
qcSxc |
Third Party |
|
__cf_bm |
Third Party |
|
mp_412f41b9a2f5b1a17e172e08ee7b3691_mixpanel |
Third Party |
|
_dd_s |
Third Party |
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Cookie Subgroup |
Cookies |
Cookies used |
docs-stoplight.gusto.com |
First Party |
|
cdn.gusto.com |
First Party |
|
snowplow.gusto.com |
First Party |
|
go.gusto.com |
First Party |
|
app.gusto.com |
First Party |
|
covidresources.gusto.com |
First Party |
|
gusto.com |
__qca , _dlt , _gat_UA-XXXXXX-X , _mkto_trk , _uetsid , amp_ , amp_xxxxx , cookies.js_dtest , demandbase , exitintel_cc , exitintel_cd , exitintel_cfg , exitintel_cfid , exitintel_cv , exitintel_lp , exitintel_prf , exitintel_pvc , exitintel_ref , exitintel_sid , exitintel_vc , exitintel_ver , exitintel_vid , lp , pt_ , ShareASale , so , tradedesk , visitor_id |
First Party |
mc |
Third Party |
|
CONSENT, NID |
Third Party |
|
__cf_bm |
Third Party |
|
lrsync |
Third Party |
|
__cf_bm |
Third Party |
|
dpm |
Third Party |
|
MUID |
Third Party |
|
_fbp, _gat_gtag_xxxxxxxxxxxxxxxxxxxxxxxxxxx, marketo-analytics-munchkin |
Third Party |
|
CONSENT, DEVICE_INFO, VISITOR_INFO1_LIVE, YSC |
Third Party |
|
TAPID |
Third Party |
|
cu |
Third Party |
|
personalization_id |
Third Party |
|
ab, u |
Third Party |
|
lang |
Third Party |
|
AnalyticsSyncHistory, bcookie, lang, li_gc, li_sugr, lidc, UserMatchHistory |
Third Party |
|
exitintel_cc, exitintel_cd, exitintel_cfg, exitintel_cv, exitintel_lp, exitintel_prf |
Third Party |
|
tuuid, tuuid_lu |
Third Party |
|
visitor_id |
Third Party |
|
IDE, test_cookie |
Third Party |
|
CONSENT |
Third Party |
|
ssi |
Third Party |
|
bscookie, JSESSIONID, li_alerts |
Third Party |
|
MR, SRM_B |
Third Party |
|
demdex |
Third Party |
|
Third Party |
||
ipredictive |
Third Party |
|
bito, bitoIsSecure, checkForPermission |
Third Party |
|
_cc_cc |
Third Party |
|
_GRECAPTCHA |
Third Party |
How to control the use of cookies
Electronic devices and software applications on these devices may offer you tools to opt out of or block advertisements on the device or in specific applications. Consult the help documentation and settings specific to your devices and applications to learn more about your options. You have the right to decide whether to accept or reject cookies. You can withdraw your consent at any time for any cookies or other tracking technologies we use by deleting them from your device. Should you choose to remove or block cookies, some website functionality may become unavailable or unreliable.
In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.aboutads.info/choices.
Other tracking technologies
Other than the cookies listed above, we have also implemented the following tracking technologies within certain parts of our Websites and emails we send you.
Page tags and web beacons. These technologies are used for the purposes of tracking visitors as they navigate our Websites to better understand Website performance, and to measure the performance of online advertising. Recipients of emails we send are also tracked using this technology. For example, web beacons track whether an email was opened, and whether links within the email were clicked. This information is collected for the purposes of measuring the performance of our email messages and is processed according to our Privacy Notice.
Local and session storage. Our website uses local and session storage to temporarily store information to improve user experience while interacting with the website.
Updates to this cookie notice
Gusto will periodically make amendments to this policy, as necessitated by changes to our use of cookies and the legal requirements for notice of these uses. Please continue to check this policy regularly to stay aware of these changes and how they affect your continued use of our websites. The date at the top of this Cookie Notice indicates when it was last updated.
Questions
If you have any questions about our use of cookies or other technologies, please email us at [email protected].
Effective October 20, 2023 to October 21, 2023
DownloadTable of Contents
Last updated January 1, 2023
This Cookie Notice explains how and why Gusto (collectively “we”, “us”, and “ours”) uses cookies and similar technologies to recognise you, as well as track and analyze your actions when you visit our websites at www.Gusto.com (“Websites”). We also provide information related to how and why those same technologies are applied to tracking and analyzing recipients of emails sent by Gusto. Information about what these technologies are and why we use them, as well as your rights to control our use of them, can be found below.
What are cookies?
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.
We refer to cookies created by us as “first party cookies”. We refer to cookies that we set on our website but that are created by parties other than us as “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that provide these third party cookies can recognise your computer both when it visits the website in question and also when it visits certain other websites.
In addition to the party which sets the cookie, the duration of the cookie’s retention in your browser can help define its purpose. Session cookies are cookies which are stored on your device for the duration of the browser session. When you close your browser, the session cookies are cleared. Persistent cookies are stored either until you manually delete them or until your browser deletes them based on the duration set within the persistent cookie file.
Why we use cookies
We use both first and third party cookies for several reasons. First, let’s look at the broad categories of first and third party cookies in use on our sites:
Essential website cookies: These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas. Refusal of these cookies may impact website functionality.
Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.
Analytics and customization cookies: These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective marketing campaigns are, or to help us customize our Websites for you.
Advertising cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously re-appearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.
Social networking cookies: These cookies are used to enable you to share pages and content that you find interesting on our Websites through third party social networking and other websites. These cookies may also be used for advertising purposes too.
Personal data collected by the cookies and related technologies described below would include your location, information about your browsing behavior on this or other sites, and information you provide via forms or single fields on this site. This personal data will be used only in the manners described by this notice and our Privacy Notice.
Cookie List
A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
Cookie Subgroup |
Cookies |
Cookies used |
cdn.gusto.com |
First Party |
|
blog.gusto.com |
First Party |
|
app.gusto.com |
First Party |
|
docs-stoplight.gusto.com |
First Party |
|
gusto.com |
_gcorp_session , _tldtest_xxxxxxxxxxxxxxxxxxxxxxxxxxxxx , dd_site_test_ , gsid , OptanonAlertBoxClosed , OptanonConsent , session_start_needed , user_target_id , utag_main |
First Party |
go.gusto.com |
First Party |
|
gsid |
Third Party |
|
BIGipServerab13web-nginx-app_https |
Third Party |
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
Cookie Subgroup |
Cookies |
Cookies used |
covidresources.gusto.com |
First Party |
|
events.gusto.com |
First Party |
|
go.gusto.com |
First Party |
|
app.gusto.com |
First Party |
|
gusto.com |
__insp_dct , __insp_norec_sess , __insp_nv , __insp_slim , __insp_targlpt , __insp_targlpu , __insp_wid , _clck , _clsk , _ga , _ga_xxxxxxx , _ga_xxxxxxxxxx , _gat_UA- , _gat_xxxxxxxxxxxxxxxxxxxxxxxxxx , _gclxxxx , _gid , _uetvid , fs_uid , optimizelyBuckets , optimizelyEndUserId , optimizelyPendingLogEvents , optimizelySegments , pvc_visits[0] , refiner_cookie_uuid |
First Party |
credits.gusto.com |
First Party |
|
JSESSIONID |
Third Party |
|
_dd_s |
Third Party |
|
qcSxc |
Third Party |
|
qcSxc |
Third Party |
|
__cf_bm |
Third Party |
|
mp_412f41b9a2f5b1a17e172e08ee7b3691_mixpanel |
Third Party |
|
_dd_s |
Third Party |
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Cookie Subgroup |
Cookies |
Cookies used |
docs-stoplight.gusto.com |
First Party |
|
cdn.gusto.com |
First Party |
|
snowplow.gusto.com |
First Party |
|
go.gusto.com |
First Party |
|
app.gusto.com |
First Party |
|
covidresources.gusto.com |
First Party |
|
gusto.com |
__qca , _dlt , _gat_UA-XXXXXX-X , _mkto_trk , _uetsid , amp_ , amp_xxxxx , cookies.js_dtest , demandbase , exitintel_cc , exitintel_cd , exitintel_cfg , exitintel_cfid , exitintel_cv , exitintel_lp , exitintel_prf , exitintel_pvc , exitintel_ref , exitintel_sid , exitintel_vc , exitintel_ver , exitintel_vid , lp , pt_ , ShareASale , so , tradedesk , visitor_id |
First Party |
mc |
Third Party |
|
CONSENT, NID |
Third Party |
|
__cf_bm |
Third Party |
|
lrsync |
Third Party |
|
__cf_bm |
Third Party |
|
dpm |
Third Party |
|
MUID |
Third Party |
|
_fbp, _gat_gtag_xxxxxxxxxxxxxxxxxxxxxxxxxxx, marketo-analytics-munchkin |
Third Party |
|
CONSENT, DEVICE_INFO, VISITOR_INFO1_LIVE, YSC |
Third Party |
|
TAPID |
Third Party |
|
cu |
Third Party |
|
personalization_id |
Third Party |
|
ab, u |
Third Party |
|
lang |
Third Party |
|
AnalyticsSyncHistory, bcookie, lang, li_gc, li_sugr, lidc, UserMatchHistory |
Third Party |
|
exitintel_cc, exitintel_cd, exitintel_cfg, exitintel_cv, exitintel_lp, exitintel_prf |
Third Party |
|
tuuid, tuuid_lu |
Third Party |
|
visitor_id |
Third Party |
|
IDE, test_cookie |
Third Party |
|
CONSENT |
Third Party |
|
ssi |
Third Party |
|
bscookie, JSESSIONID, li_alerts |
Third Party |
|
MR, SRM_B |
Third Party |
|
demdex |
Third Party |
|
Third Party |
||
ipredictive |
Third Party |
|
bito, bitoIsSecure, checkForPermission |
Third Party |
|
_cc_cc |
Third Party |
|
_GRECAPTCHA |
Third Party |
How to control the use of cookies
Electronic devices and software applications on these devices may offer you tools to opt out of or block advertisements on the device or in specific applications. Consult the help documentation and settings specific to your devices and applications to learn more about your options. You have the right to decide whether to accept or reject cookies. You can withdraw your consent at any time for any cookies or other tracking technologies we use by deleting them from your device. Should you choose to remove or block cookies, some website functionality may become unavailable or unreliable.
In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.aboutads.info/choices.
Other tracking technologies
Other than the cookies listed above, we have also implemented the following tracking technologies within certain parts of our Websites and emails we send you.
Page tags and web beacons. These technologies are used for the purposes of tracking visitors as they navigate our Websites to better understand Website performance, and to measure the performance of online advertising. Recipients of emails we send are also tracked using this technology. For example, web beacons track whether an email was opened, and whether links within the email were clicked. This information is collected for the purposes of measuring the performance of our email messages and is processed according to our Privacy Notice.
Local and session storage. Our website uses local and session storage to temporarily store information to improve user experience while interacting with the website.
Updates to this cookie notice
Gusto will periodically make amendments to this policy, as necessitated by changes to our use of cookies and the legal requirements for notice of these uses. Please continue to check this policy regularly to stay aware of these changes and how they affect your continued use of our websites. The date at the top of this Cookie Notice indicates when it was last updated.
Questions
If you have any questions about our use of cookies or other technologies, please email us at [email protected].
Effective October 20, 2023 to October 20, 2023
DownloadTable of Contents
Last updated January 1, 2023
This Cookie Notice explains how and why Gusto (collectively “we”, “us”, and “ours”) uses cookies and similar technologies to recognise you, as well as track and analyze your actions when you visit our websites at www.Gusto.com (“Websites”). We also provide information related to how and why those same technologies are applied to tracking and analyzing recipients of emails sent by Gusto. Information about what these technologies are and why we use them, as well as your rights to control our use of them, can be found below.
What are cookies?
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.
We refer to cookies created by us as “first party cookies”. We refer to cookies that we set on our website but that are created by parties other than us as “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that provide these third party cookies can recognise your computer both when it visits the website in question and also when it visits certain other websites.
In addition to the party which sets the cookie, the duration of the cookie’s retention in your browser can help define its purpose. Session cookies are cookies which are stored on your device for the duration of the browser session. When you close your browser, the session cookies are cleared. Persistent cookies are stored either until you manually delete them or until your browser deletes them based on the duration set within the persistent cookie file.
Why we use cookies
We use both first and third party cookies for several reasons. First, let’s look at the broad categories of first and third party cookies in use on our sites:
Essential website cookies: These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas. Refusal of these cookies may impact website functionality.
Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.
Analytics and customization cookies: These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective marketing campaigns are, or to help us customize our Websites for you.
Advertising cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously re-appearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.
Social networking cookies: These cookies are used to enable you to share pages and content that you find interesting on our Websites through third party social networking and other websites. These cookies may also be used for advertising purposes too.
Personal data collected by the cookies and related technologies described below would include your location, information about your browsing behavior on this or other sites, and information you provide via forms or single fields on this site. This personal data will be used only in the manners described by this notice and our Privacy Notice.
Cookie List
A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
Cookie Subgroup |
Cookies |
Cookies used |
cdn.gusto.com |
First Party |
|
blog.gusto.com |
First Party |
|
app.gusto.com |
First Party |
|
docs-stoplight.gusto.com |
First Party |
|
gusto.com |
_gcorp_session , _tldtest_xxxxxxxxxxxxxxxxxxxxxxxxxxxxx , dd_site_test_ , gsid , OptanonAlertBoxClosed , OptanonConsent , session_start_needed , user_target_id , utag_main |
First Party |
go.gusto.com |
First Party |
|
gsid |
Third Party |
|
BIGipServerab13web-nginx-app_https |
Third Party |
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
Cookie Subgroup |
Cookies |
Cookies used |
covidresources.gusto.com |
First Party |
|
events.gusto.com |
First Party |
|
go.gusto.com |
First Party |
|
app.gusto.com |
First Party |
|
gusto.com |
__insp_dct , __insp_norec_sess , __insp_nv , __insp_slim , __insp_targlpt , __insp_targlpu , __insp_wid , _clck , _clsk , _ga , _ga_xxxxxxx , _ga_xxxxxxxxxx , _gat_UA- , _gat_xxxxxxxxxxxxxxxxxxxxxxxxxx , _gclxxxx , _gid , _uetvid , fs_uid , optimizelyBuckets , optimizelyEndUserId , optimizelyPendingLogEvents , optimizelySegments , pvc_visits[0] , refiner_cookie_uuid |
First Party |
credits.gusto.com |
First Party |
|
JSESSIONID |
Third Party |
|
_dd_s |
Third Party |
|
qcSxc |
Third Party |
|
qcSxc |
Third Party |
|
__cf_bm |
Third Party |
|
mp_412f41b9a2f5b1a17e172e08ee7b3691_mixpanel |
Third Party |
|
_dd_s |
Third Party |
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Cookie Subgroup |
Cookies |
Cookies used |
docs-stoplight.gusto.com |
First Party |
|
cdn.gusto.com |
First Party |
|
snowplow.gusto.com |
First Party |
|
go.gusto.com |
First Party |
|
app.gusto.com |
First Party |
|
covidresources.gusto.com |
First Party |
|
gusto.com |
__qca , _dlt , _gat_UA-XXXXXX-X , _mkto_trk , _uetsid , amp_ , amp_xxxxx , cookies.js_dtest , demandbase , exitintel_cc , exitintel_cd , exitintel_cfg , exitintel_cfid , exitintel_cv , exitintel_lp , exitintel_prf , exitintel_pvc , exitintel_ref , exitintel_sid , exitintel_vc , exitintel_ver , exitintel_vid , lp , pt_ , ShareASale , so , tradedesk , visitor_id |
First Party |
mc |
Third Party |
|
CONSENT, NID |
Third Party |
|
__cf_bm |
Third Party |
|
lrsync |
Third Party |
|
__cf_bm |
Third Party |
|
dpm |
Third Party |
|
MUID |
Third Party |
|
_fbp, _gat_gtag_xxxxxxxxxxxxxxxxxxxxxxxxxxx, marketo-analytics-munchkin |
Third Party |
|
CONSENT, DEVICE_INFO, VISITOR_INFO1_LIVE, YSC |
Third Party |
|
TAPID |
Third Party |
|
cu |
Third Party |
|
personalization_id |
Third Party |
|
ab, u |
Third Party |
|
lang |
Third Party |
|
AnalyticsSyncHistory, bcookie, lang, li_gc, li_sugr, lidc, UserMatchHistory |
Third Party |
|
exitintel_cc, exitintel_cd, exitintel_cfg, exitintel_cv, exitintel_lp, exitintel_prf |
Third Party |
|
tuuid, tuuid_lu |
Third Party |
|
visitor_id |
Third Party |
|
IDE, test_cookie |
Third Party |
|
CONSENT |
Third Party |
|
ssi |
Third Party |
|
bscookie, JSESSIONID, li_alerts |
Third Party |
|
MR, SRM_B |
Third Party |
|
demdex |
Third Party |
|
Third Party |
||
ipredictive |
Third Party |
|
bito, bitoIsSecure, checkForPermission |
Third Party |
|
_cc_cc |
Third Party |
|
_GRECAPTCHA |
Third Party |
How to control the use of cookies
Electronic devices and software applications on these devices may offer you tools to opt out of or block advertisements on the device or in specific applications. Consult the help documentation and settings specific to your devices and applications to learn more about your options. You have the right to decide whether to accept or reject cookies. You can withdraw your consent at any time for any cookies or other tracking technologies we use by deleting them from your device. Should you choose to remove or block cookies, some website functionality may become unavailable or unreliable.
In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.aboutads.info/choices.
Other tracking technologies
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Questions
If you have any questions about our use of cookies or other technologies, please email us at [email protected]
Effective October 11, 2023 to October 20, 2023
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Last updated January 1, 2023
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Updates to this cookie notice
Questions
Accountant Program Terms of Service
Effective October 23, 2023
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Effective October 20, 2023 to October 23, 2023
DownloadTable of Contents
Effective September 29, 2023 to October 20, 2023
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Human Resources Service Terms
Effective October 24, 2023
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Last updated July 11, 2022
1. These HR Terms Are Part of and are Governed by the Gusto Terms
2. Gusto’s Provision of the HR Services is Governed by the HR Agreement
3. The HR Support Center is Governed by the HR Support Center Terms
4. Obligations Under the Gusto Terms
5. HR Services
6. No Legal or Professional Advice
7. HR Services Fees
8. Proprietary Rights
9. Document Vault
Effective October 20, 2023 to October 24, 2023
DownloadTable of Contents
Last updated July 11, 2022
1. These HR Terms Are Part of and are Governed by the Gusto Terms
2. Gusto’s Provision of the HR Services is Governed by the HR Agreement
3. The HR Support Center is Governed by the HR Support Center Terms
4. Obligations Under the Gusto Terms
5. HR Services
6. No Legal or Professional Advice
7. HR Services Fees
8. Proprietary Rights
9. Document Vault
Effective October 20, 2023 to October 20, 2023
DownloadTable of Contents
Last updated July 11, 2022
1. These HR Terms Are Part of and are Governed by the Gusto Terms
2. Gusto’s Provision of the HR Services is Governed by the HR Agreement
3. The HR Support Center is Governed by the HR Support Center Terms
4. Obligations Under the Gusto Terms
5. HR Services
6. No Legal or Professional Advice
7. HR Services Fees
8. Proprietary Rights
9. Document Vault
Effective June 16, 2023 to October 20, 2023
DownloadTable of Contents
Human Resources Service Terms
Last updated July 11, 2022
1. These HR Terms Are Part of and are Governed by the Gusto Terms
2. Gusto’s Provision of the HR Services is Governed by the HR Agreement
3. The HR Support Center is Governed by the HR Support Center Terms
4. Obligations Under the Gusto Terms
5. HR Services
6. No Legal or Professional Advice
7. HR Services Fees
8. Proprietary Rights
9. Document Vault
Health Insurance Benefits Service Terms
Effective October 19, 2023
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Last updated September 26, 2017
1. These Benefits Terms Are Part of and Are Governed by the Gusto Terms
2. Gusto Insurance’s Provision of the Benefits Service is Governed by the Benefits Agreement
3. Obligations Under the Gusto Terms
4. Benefits Service
5. COBRA and State Continuation Coverage Administration
6. Limitation of Liability
Effective October 19, 2023 to October 19, 2023
DownloadTable of Contents
Last updated September 26, 2017
1. These Benefits Terms Are Part of and Are Governed by the Gusto Terms
2. Gusto Insurance’s Provision of the Benefits Service is Governed by the Benefits Agreement
3. Obligations Under the Gusto Terms
4. Benefits Service
5. COBRA and State Continuation Coverage Administration
6. Limitation of Liability
Effective October 19, 2023 to October 19, 2023
DownloadTable of Contents
	
Last updated September 26, 2017
1. These Benefits Terms Are Part of and Are Governed by the Gusto Terms
2. Gusto Insurance’s Provision of the Benefits Service is Governed by the Benefits Agreement
3. Obligations Under the Gusto Terms
4. Benefits Service
5. COBRA and State Continuation Coverage Administration
6. Limitation of Liability
Effective October 19, 2023 to October 19, 2023
DownloadTable of Contents
	
Last updated September 26, 2017
1. These Benefits Terms Are Part of and Are Governed by the Gusto Terms
2. Gusto Insurance’s Provision of the Benefits Service is Governed by the Benefits Agreement
3. Obligations Under the Gusto Terms
4. Benefits Service
5. COBRA and State Continuation Coverage Administration
6. Limitation of Liability
Effective October 19, 2023 to October 19, 2023
DownloadTable of Contents
	
Last updated September 26, 2017
1. These Benefits Terms Are Part of and Are Governed by the Gusto Terms
2. Gusto Insurance’s Provision of the Benefits Service is Governed by the Benefits Agreement
3. Obligations Under the Gusto Terms
4. Benefits Service
5. COBRA and State Continuation Coverage Administration
6. Limitation of Liability
Effective October 17, 2023 to October 19, 2023
DownloadTable of Contents
Health Insurance Benefits Service Terms
Last updated September 26, 2017
1. These Benefits Terms Are Part of and Are Governed by the Gusto Terms
2. Gusto Insurance’s Provision of the Benefits Service is Governed by the Benefits Agreement
3. Obligations Under the Gusto Terms
4. Benefits Service
5. COBRA and State Continuation Coverage Administration
6. Limitation of Liability
Tax-Advantaged Accounts Service Terms
Effective October 20, 2023
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Last updated September 26, 2017
These Tax-Advantaged Accounts Service Terms (these “TAdA Terms”) together with the Gusto Terms of Service Agreement available at www.gusto.com/about/terms (the “Gusto Terms”) (collectively, the “TAdA Agreement”), set forth the terms and conditions under which ZP Insurance LLC, a Delaware limited liability company doing business as With Gusto Administrators, LLC (“WGA”) agrees to provide to User certain services (the “TAdA Services”), including but not limited to services relating to the formation and administration of one or more of the following employee benefit plans (each, a “Benefit Plan”) for the benefit of User’s eligible employees (the “Plan Participants”): a health flexible spending account (the “Health FSA”), dependent care flexible spending account (the “Dependent Care FSA”), and/or qualified transportation fringe benefit plan (the “Commuter Plan”); and/or facilitation of pre-tax contributions by User’s employees to health savings accounts opened with a custodian made available by WGA (the “HSA”). The TAdA Services are provided through the website (the “Site”), of WGA’s parent ZenPayroll, Inc., a Delaware corporation doing business as Gusto (“Gusto”), at www.gusto.com. A Health FSA is a health flexible spending arrangement maintained pursuant to Sections 105 and 125 of the Internal Revenue Code (the “Code”) and a group health plan subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); a Dependent Care FSA is maintained pursuant to Sections 129 and 125 of the Code; a Commuter Plan is subject to Section 132 of the Code; and pre-tax HSA contributions are subject to Sections 125 and 223 of the Code.
These TAdA Terms are “Service Terms” under the Gusto Terms. Capitalized terms used but not otherwise defined in these TAdA Terms shall have the meanings ascribed to such terms in the Gusto Terms. The TAdA Agreement is a legally binding agreement between User and WGA. User is encouraged to read the TAdA Agreement carefully and to save a copy of it for User’s records. If User is agreeing to these terms on behalf of a business or an individual other than User, User represents and warrants that User has authority to bind that business or other individual to the TAdA Agreement, and User’s agreement to these terms will be treated as the agreement of such business or individual. In that event, “User” (as defined in the Gusto Terms) also refers to that business or individual. By clicking the applicable button to indicate User’s acceptance of the TAdA Agreement, or by accessing or using the TAdA Services, User agrees, effective as of the date of such action, to be bound by the TAdA Agreement.
1. These TAdA 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 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 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 TAdA Terms conflict with the terms and conditions of the Gusto Terms, the terms and conditions of these TAdA Terms shall control with respect to the provision of the TAdA Services.
THE GUSTO TERMS, AVAILABLE AT WWW.GUSTO.COM/ABOUT/TERMS, CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF GUSTO’S AND WGA’S LIABILITY, GUSTO’S AND WGA’S WARRANTY DISCLAIMERS, USER’S INDEMNIFICATION OBLIGATIONS, USER’S DUTY TO MITIGATE DAMAGES, THE LAW GOVERNING THE TADA AGREEMENT, AND DISPUTE RESOLUTION PROCEDURES THEREUNDER.
2. WGA’s Provision of the TAdA Services Is Governed by the TAdA Agreement
Subject to the terms and conditions of the TAdA Agreement, WGA agrees to use reasonable efforts to provide User the TAdA Services in accordance with the TAdA Agreement.
3. Obligations Under the Gusto Terms
In addition to the obligations specified in these TAdA Terms, User 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 User’s Account; (iii) provide accurate, timely, and complete information required for WGA to perform the TAdA Services and maintain the accuracy and completeness of such information; (iv) notify WGA of third-party notices from government agencies such as the Internal Revenue Service (the “IRS”) and the Department of Labor (the “DOL”), which could affect WGA’s ability to effectively provide the TAdA Services, or which could increase the likelihood that a Claim is brought against User or WGA in connection with the TAdA Services; and (v) 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) and Section 13 (General Prohibitions) of the Gusto Terms.
4. TAdA Services
WGA shall provide the TAdA Services, which consist of services facilitating User’s provision of one or more of the following Benefit Plans for the benefit of Plan Participants: Health FSA, Dependent Care FSA, Commuter Plan, and HSA. User acknowledges that WGA does not directly provide, sponsor, fund, or underwrite any Benefit Plan. The TAdA Services shall assist User in providing such Benefit Plans for the benefit of Plan Participants, as follows: the formation and administration of a Health FSA, Dependent Care FSA, and/or Commuter Plan; and/or the facilitation of contributions to HSAs established with the custodian made available by WGA.
The TAdA Services shall not include any provision of legal, financial, or professional advice, and no statement by WGA in marketing, selling, and providing the TAdA Services shall be construed as legal, financial, or professional advice. WGA is not and shall not act as a fiduciary, in any capacity, with respect to any Benefit Plan.
If User requests that WGA provide TAdA Services relating to User’s Benefit Plan, User agrees to adopt the applicable provisions set forth in each Benefit Plan’s respective plan document that WGA makes available to User, and any amendments thereto (the “Plan Document”), unless agreed to otherwise in writing. If User requests that WGA facilitate Plan Participants’ contributions to HSAs as described herein, User agrees to enter into a custodial agreement with the custodian made available to User by WGA.
5. Funding of Claims
User acknowledges and agrees that User is solely responsible and liable for funding all benefits payable under the Health FSA, Dependent Care FSA, and Commuter Plan, as applicable. WGA has no financial liability or responsibility for the payment of any Benefit Plan benefit or claim. To facilitate the payment of any Health FSA, Dependent Care FSA, or Commuter Plan claims, User agrees to establish one or more general assets bank accounts in User’s name and provide WGA, and any third party WGA may appoint, with check-writing authority with respect to such designated bank account.
To ensure timely payment of Health FSA, Dependent Care FSA or Commuter Plan claims, as applicable, User may elect to be periodically notified of the amount necessary to pay approved claims by WGA. If the amount in such general assets bank account is insufficient to pay approved claims, User agrees to transfer the appropriate funds to such general assets bank account within 24 hours of such notice and take any other action that is necessary to permit WGA to pay approved claims from such general assets bank account, and facilitate such transfers. If at any time User fails to timely transfer funds to the designated general assets account to allow WGA to timely pay any approved claim, WGA may pay such claim. In such case, User is required to reimburse WGA within two (2) business days of notification by WGA of such payment and reimbursement obligation.
User acknowledges that, in order for WGA to provide User with TAdA Services relating to HSAs, User must make available the funds to be deposited into each HSA account associated with a Plan Participant. User assumes liability for any errors in crediting an HSA, including over-crediting an HSA, due to inaccurate or false information provided by User or Plan Participants. User acknowledges that WGA cannot reverse transfer of funds to an HSA in all circumstances, even if such transfer is excessive or otherwise in error. While WGA will use its reasonable best efforts to facilitate reversals from HSAs, User agrees to hold WGA harmless for liabilities incurred as a result of transfers to HSAs. User assumes liability for costs and expenses associated with correcting such crediting errors.
6. Plan Document
User agrees to adopt a Plan Document in conformity with all applicable law. Once User adopts a Plan Document, User bears responsibility of fulfilling the obligations described in the Plan Document. WGA shall incur no liability relating to any breach, waiver, alteration, or modification of the Plan Document. In the course of providing the TAdA Services, WGA will provide summary plan description templates and related forms for User’s review, completion, and adoption using the Site. WGA will facilitate the distribution of adopted Plan Documents to Plan Participants through the Site.
If User amends or otherwise modifies any term of the Plan Document without WGA’s prior written consent, User must notify WGA in writing of the amendment or modification at least 30 days prior to the effective date of the amendment or modification and provide WGA with the amendment or modification in writing. WGA shall not administer such amendment unless and until it has agreed to administer the amendment in writing. If WGA proposes a change to the Plan Document it has furnished to User, the amendment or restated Plan Document will be provided to User by WGA and will become effective as of the date specified in the amendment or restated Plan Document. If User objects to such amendment or any term in the restated Plan Document, User will have 30 days to notify WGA of User’s objection in writing. User and WGA agree to employ all reasonable efforts to resolve such issue to the mutual satisfaction of the parties.
7. User Obligations
User acknowledges that, in order for WGA to provide the TAdA Services, User must (i) ensure that the summary plan descriptions, Plan Documents, and any other documentation are accurately completed and timely adopted in accordance with all applicable laws; (ii) provide final versions of adopted Plan Documents to WGA for its use in connection with provision of the TAdA Services; (iii) distribute summary plan descriptions, summaries of plan modifications, and other plan documentation to Plan Participants in a timely manner; (iv) provide WGA with accurate and complete initial enrollment and eligibility data for each Plan Participant and notify WGA, through the Site, 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) inform WGA of any errors in Plan Participants’ data of which User becomes aware, and correct such errors according to the method advised by WGA; (vi) advise Plan Participants of benefit election deadlines and ensure that Plan Participants complete subscription materials prior to such deadlines; and (vii) satisfy all reporting, disclosure, and notice requirements under applicable law.
User represents and certifies that (i) User has determined that proposed and existing Plan Participants are eligible to participate in each Benefit Plan for which TAdA Services are currently provided or sought; and (ii) information relating to Plan Participants’ enrollment in each such Benefit Plan, including current mailing addresses, is accurate and complete.
User acknowledges that, in order for WGA to provide User with TAdA Services relating to Health FSAs and/or Dependent Care FSAs, User 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 any applicable Health FSA or Dependent Care FSA (if User elects to offer such features in the adopted Plan Document) with the appropriate information, and continue to remit payment for these participants, even if they are no longer employees of User’s organization.
In connection with WGA’s provision of TAdA Services relating to HSAs, User understands, acknowledges, and agrees to the following: (i) User is responsible for the design, funding, and operation of the HSA, including compliance with the Code and other applicable law; (ii) WGA will withdraw funds from User’s account and will deposit such funds into Plan Participant’s account in the amount of each Plan Participant’s election; (iii) such funds will be managed through a custodian made available by WGA; and (iv) Plan Participants will have an independent contractual relationship for deposit, investment, and related services with the HSA custodian bank, any breach of which shall not result in liability to WGA.
User further acknowledges that, in order for WGA to provide User with TAdA Services relating to HSAs, User must (i) determine whether an employee is eligible to contribute to an HSA, including eligibility relating to United States citizenship and/or residency, and authorization for employment in the United States; (ii) require that Plan Participants complete HSA enrollment procedures in conformity with the TAdA Agreement and any further instructions WGA may provide during the enrollment process; (iii) ensure that each Plan Participant’s salary-reducing HSA contributions do not exceed the maximum limit specified annually by the IRS; (iv) distribute to all Plan Participants all appropriate notices, forms, and disclosures provided by WGA and the plan custodian; (v) provide WGA with all Plan Participant information that WGA requests in connection with initial enrollment or transfer of an HSA account; and (vi) refrain from restraining the transfer or use of HSA funds beyond such restrictions authorized and/or imposed by the Code and other applicable law. By enrolling a Plan Participant in an HSA account through WGA, User represents that such Plan Participant is eligible to participate in an HSA program and that information provided to WGA regarding that employee is true and accurate.
8. User’s Duty to Abide by Applicable Law
User must comply with all laws, including but not limited to the Code and ERISA, as applicable to each Benefit Plan, and make all required filings with governmental agencies, including the IRS and DOL.
User agrees that the Health Insurance Portability and Accountability Act of 1996, as amended, and the Health Information Technology for Economic and Clinical Health Act, as amended, apply to the Health FSA and HSA. User agrees to comply with such law and the terms of the business associate agreement between the parties with respect to the Health FSA and HSA.
If User becomes aware of any failure or possible failure by User or Plan Participants to comply with any applicable law relating to the Health FSA, Dependent Care FSA, Commuter Plan and/or HSA, as applicable, User must immediately notify WGA 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. User is responsible for correcting any such failure or non-compliance and for reimbursing WGA for any reasonable penalties and expenses WGA may incur related to such correction or failure.
User acknowledges and agrees that User is solely responsible for determining the legal and tax status of the applicable Benefit Plan, including but not limited to compliance with the Code and ERISA, and their respective implementing regulations and guidance, as applicable. User acknowledges and agrees that with respect to the Health FSA, User 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).
9. Limitation of Liability
WGA disclaims any liability arising from penalties or other consequences associated with use of the Benefit Plan funds for ineligible expenses according to the applicable Plan Document. While WGA has procedures in place to prevent the expenditure of Benefit Plan funds for ineligible expenses, it is the User’s sole and ultimate responsibility to ensure Plan Participants use each Benefit Plan only for appropriate eligible expenses.
WGA disclaims any liability arising from Plan Participants exceeding the annual contribution limit. While WGA can limit a Plan Participant’s contributions to a specific Benefit Plan, a Plan Participant may violate contribution limits through contributions to another employer’s Benefit Plan or through a spouse. It is User’s sole and ultimate responsibility to ensure that each Plan Participant does not exceed contribution limits.
WGA makes no representations as to the performance of funds invested through an HSA. Any statements, images, charts, graphs, or other media relating to such performance attributable to WGA, Gusto, or their agents should be construed as purely illustrative, and have no relation to the performance of any Plan Participant’s HSA.
User agrees that WGA shall not be responsible for any interruption in TAdA Services, delay in claims processing, or other error or violation of applicable law as a result of User’s failure to fulfill its obligations under the TAdA Agreement.
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 ELIGIBILITY FOR A BENEFIT PLAN; (II) USERS AND PLAN PARTICIPANTS ARE SUBJECT TO REQUIREMENTS PRESCRIBED BY LAW FOR EACH OF THESE SERVICES; (III) WGA RELIES ONLY ON THE REPRESENTATIONS OF USERS AND PLAN PARTICIPANTS OF THE TADA SERVICES IN FACILITATING THE FORMATION AND ADMINISTRATION OF THE BENEFIT PLANS, AND IS NOT LIABLE FOR ANY EXPENSE, PENALTY, OR VIOLATION OF LAW BASED ON SUCH REPRESENTATIONS; (IV) WGA DOES NOT WARRANT THAT ANY CLAIM BY A PLAN PARTICIPANT IS FOR AN ELIGIBLE EXPENSE UNDER ANY TADA SERVICE; AND (V) WGA IS NOT RESPONSIBLE FOR THE DESIGN, IMPLEMENTATION, AMENDMENT OR TERMINATION OF THE BENEFIT PLAN.
Effective October 17, 2023 to October 20, 2023
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Workers’ Compensation Insurance Terms
Effective October 23, 2023
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Last updated March 10, 2022
These Gusto Workers’ Compensation Insurance Terms (the “Gusto Workers’ Compensation Insurance Terms”) together with the Gusto Terms of Service Agreement available at www.gusto.com/about/terms (the “Gusto Terms”), the Gusto Payroll Service Terms available at https://www.gusto.com/about/terms/payroll (the “Payroll Terms”), and the NEXT Insurance Terms of Use available at https://apintego.com/termsofuse/ (the “NEXT Insurance Service Terms”) (collectively, the “Gusto Workers’ Compensation Insurance Customer Agreement”), set forth the terms and conditions under which ZenPayroll, Inc., a Delaware corporation doing business as Gusto (“Gusto”) at www.gusto.com (the “Gusto Platform”), agrees to (i) provide Customers with the ability to request a workers’ compensation insurance quote from NEXT Insurance (“NEXT Insurance”) via the Gusto platform (each, a “Workers’ Compensation Insurance Quote”) (the “Traditional Workers Compensation Service”); and (ii) provide eligible Customers with the added ability to review and accept a Workers’ Compensation Insurance Quote (once accepted, a “Workers’ Compensation Insurance Plan”) (the “Workers’ Compensation Insurance – Bind Online Service”) (collectively, the “Workers’ Compensation Insurance Service”).
These Gusto Workers’ Compensation Insurance Terms are “Service Terms” under the Gusto Terms. Capitalized terms used but not otherwise defined in these Gusto Workers’ Compensation Insurance Terms have the meanings ascribed to such terms in the Gusto Terms and the Payroll Terms, as applicable. The Gusto Workers’ Compensation Insurance Customer Agreement is a legally binding agreement between Customer and Gusto. The individual agreeing to these Gusto Workers’ Compensation Insurance Terms on behalf of Customer (the “Authorized Signatory”) is encouraged to read the Gusto Workers’ Compensation Insurance 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 Customer to the Gusto Workers’ Compensation Insurance Customer Agreement. By (i) checking the box presented with these Gusto Workers’ Compensation Insurance Terms, (ii) providing information as required to initiate a Workers Compensation Insurance Quote, or (iii) accessing or using the Workers’ Compensation Insurance Service, effective as of the date of such action, Customer agrees to be bound by the Gusto Workers’ Compensation Insurance Customer Agreement.
1. These Gusto Workers’ Compensation Insurance Terms are Part of and Governed by the Gusto Terms and the Payroll Terms
The terms and conditions of the Gusto Terms and the Payroll Terms agreed to in connection with the creation of any Customer’s account, including but not limited to all representations, warranties, covenants, disclaimers, limitations on liability, agreements, and indemnities relating to the Gusto Services, are incorporated herein by reference, and Customer acknowledges and agrees that the representations, warranties, covenants, disclaimers, limitations on liability, agreements, and indemnities contained in the Gusto Terms and the Payroll Terms shall remain in full force and effect to the full extent provided therein.
If the terms and conditions of these Gusto Workers’ Compensation Insurance Terms conflict with the terms and conditions of the Gusto Terms, the Payroll Terms, or the NEXT Insurance Terms, then the order of precedence with respect to which terms and conditions control Customer’s use of the Workers’ Compensation Insurance Service directly on the Gusto Platform will be as follows: the terms and conditions of these Workers’ Compensation Insurance Terms, followed by the terms and conditions of the Payroll Terms, followed by the terms and conditions of the Gusto Terms, and lastly, followed by the terms and conditions of NEXT Insurance Service Terms.
THE GUSTO TERMS, AVAILABLE AT WWW.GUSTO.COM/ABOUT/TERMS, CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF GUSTO’S LIABILITY, GUSTO’S WARRANTY DISCLAIMERS, CUSTOMER’S INDEMNIFICATION OBLIGATIONS, CUSTOMER’S DUTY TO MITIGATE DAMAGES, THE LAW GOVERNING GUSTO’S PROVISION OF THE WORKERS’ COMPENSATION INSURANCE SERVICE, AND DISPUTE RESOLUTION PROCEDURES THEREUNDER.
2. These Gusto Workers’ Compensation Insurance Terms are in Addition to and Separate from the NEXT Insurance Service Terms
These Gusto Workers’ Compensation Insurance Terms, the Gusto Terms, and Gusto’s Privacy Policy available at https://gusto.com/about/privacy (the “Gusto Privacy Policy”) govern Customer’s access to and use of the Workers’ Compensation Insurance Service through the Gusto Platform, and are in addition to and separate from any terms governing Customer’s access to and use of NEXT Insurance’s services made available at https://apintego.com (the “NEXT Insurance Platform”). The NEXT Insurance Platform is governed by the NEXT Insurance Terms of Service Agreement available at https://apintego.com/termsofuse/, and the NEXT Insurance Privacy Policy available at https://apintego.com/privacypolicy.
Customer is encouraged to read and review the terms and policies governing the Gusto Platform and the NEXT Insurance Platform (the “Platforms”). Customer acknowledges that, under these Gusto Workers’ Compensation Insurance Terms, the policies and terms of both of the Platforms govern and may be inconsistent. Where any provision governing the Gusto Platform conflicts with any provision governing the NEXT Insurance Platform, the provision governing the Gusto Platform shall control for the purposes of services rendered on the Gusto Platform and pursuant to the Gusto Workers’ Compensation Insurance Customer Agreement.
3. Gusto Provision of the Workers’ Compensation Insurance Service is Governed by the Gusto Workers’ Compensation Insurance Customer Agreement
Subject to the terms and conditions of the Gusto Workers’ Compensation Insurance Customer Agreement, Gusto agrees to use commercially reasonable efforts to provide Customer with the Workers’ Compensation Insurance Service, through its partnership with NEXT Insurance, in accordance with the Gusto Workers’ Compensation Insurance Customer Agreement.
4. Obligations Under the Gusto Terms
In addition to the obligations specified in these Gusto Workers’ Compensation Insurance 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 required for Gusto to perform the Workers’ Compensation Insurance Service and maintain the accuracy and completeness of such information; (iv) timely and accurately respond to, execute, and submit information or documents requested directly by Gusto or NEXT Insurance; and (v) 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), and Section 21 (Duty to Mitigate) of the Gusto Terms.
5. Workers’ Compensation Insurance Service
Provided that Customer meets Customer’s obligations and complies with the terms of the Workers’ Compensation Insurance Customer Agreement, Gusto will provide Customer with the Workers’ Compensation Insurance Service. The Workers’ Compensation Insurance Service shall be limited to allowing Customer’s Account Signatory to (i) request Workers’ Compensation Insurance Quotes under the Traditional Workers’ Compensation Service; and (ii) request, review and/or accept Workers’ Compensation Insurance Quotes under the Workers’ Compensation Insurance – Bind Online Service. Customer acknowledges that NEXT Insurance, and not Gusto, is the broker or agent of record for any Workers’ Compensation Insurance Quote or Plan presented to or accepted by Customer via the Workers’ Compensation Insurance Service.
The decision to accept any such Workers’ Compensation Insurance Quote is made solely by the Customer. Customer acknowledges that NEXT Insurance, and not Gusto, is the broker or agent of record for any Workers’ Compensation Insurance Quote presented to or Workers’ Compensation Insurance Plan accepted by Customer via the Workers’ Compensation Insurance Service. Gusto does not and cannot design, amend, modify, or terminate any of the Workers’ Compensation Insurance Quotes offered or recommended as part of the Worker’ Compensation Insurance Service. Additionally, Gusto does not manage billing, process claims, make decisions, provide documentation or certificates related to, or determine eligibility requirements for Workers Compensation Insurance Plans.
6. Compliance with Laws
Customer acknowledges and agrees that neither Gusto nor NEXT Insurance can provide legal, financial, accounting, or other compliance-related advice to Customer regarding its use of or need for the Workers’ Compensation Insurance Service.
7. Customer Questions and Complaints
Gusto’s customer support for the Workers’ Compensation Insurance Service shall be limited to answering questions generally about the functionality or availability of the Workers’ Compensation Insurance Service. Any questions, complaints, or disputes related to eligibility, underwriting, management, billing, or claims processing related to a Workers’ Compensation Insurance Quote or Workers’ Compensation Insurance Plan should be directly solely to NEXT Insurance.
8. Service Fees and Charges
As part of the Workers’ Compensation Insurance Service, Gusto will invoice Customer, on behalf of NEXT Insurance, for fees that Customer has incurred and agreed to pay in connection with Customer’s Workers’ Compensation Insurance Policy (the “Workers’ Compensation Fees”). Customer (i) agrees to pay the Workers’ Compensation Fees assessed by NEXT Insurance and invoiced by Gusto; (ii) understands that failure to pay Workers’ Compensation Fees as they become payable and/or failure to run payroll at least once every calendar month may result in suspension or termination of Customer’s Workers’ Compensation Insurance Policy; and (iii) authorizes NEXT Insurance to debit Customer’s designated bank account, as specified by Customer through the Gusto Platform, for all Workers’ Compensation Fees as they become payable during the Term.
9. Limitation of Liability
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 WORKERS’ COMPENSATION INSURANCE COVERAGE; (II) REQUIREMENTS FOR A SPECIFIC WORKERS’ COMPENSATION INSURANCE PLAN OR SERVICE ARE MADE SOLELY BY THE INSURANCE CARRIER OF THAT WORKERS’ COMPENSATION INSURANCE PLAN OR SERVICE; (III) GUSTO DOES NOT GUARANTEE ANY WORKERS’ COMPENSATION INSURANCE PLAN OR SERVICE; AND (IV) GUSTO IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, LIABILITIES, OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE OF OR RELIANCE ON ANY WORKERS’ COMPENSATION INSURANCE QUOTE OR PLAN.
10. Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WORKERS’ COMPENSATION INSURANCE SERVICE, INCLUDING ANY AND ALL SERVICES PROVIDED AS PART OF THE WORKERS’ COMPENSATION INSURANCE SERVICE, AND CONTENT CONTAINED THEREIN, ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, GUSTO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE WORKERS’ COMPENSATION INSURANCE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, ACCURATE, ERROR-FREE, OR FREE OF DEFECTS, AND GUSTO WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS OR DEFECTS. ANY PARTICIPATION IN OR USE OF THE WORKERS’ COMPENSATION INSURANCE SERVICE OR CONTENT CONTAINED THEREIN IS AT CUSTOMER’S SOLE RISK.
Effective October 20, 2023 to October 23, 2023
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Last updated March 10, 2022
These Gusto Workers’ Compensation Insurance Terms (the “Gusto Workers’ Compensation Insurance Terms”) together with the Gusto Terms of Service Agreement available at www.gusto.com/about/terms (the “Gusto Terms”), the Gusto Payroll Service Terms available at http://www.gusto.com/about/terms/payroll (the “Payroll Terms”), and the NEXT Insurance Terms of Use available at https://apintego.com/termsofuse/ (the “NEXT Insurance Service Terms”) (collectively, the “Gusto Workers’ Compensation Insurance Customer Agreement”), set forth the terms and conditions under which ZenPayroll, Inc., a Delaware corporation doing business as Gusto (“Gusto”) at www.gusto.com (the “Gusto Platform”), agrees to (i) provide Customers with the ability to request a workers’ compensation insurance quote from NEXT Insurance (“NEXT Insurance”) via the Gusto platform (each, a “Workers’ Compensation Insurance Quote”) (the “Traditional Workers Compensation Service”); and (ii) provide eligible Customers with the added ability to review and accept a Workers’ Compensation Insurance Quote (once accepted, a “Workers’ Compensation Insurance Plan”) (the “Workers’ Compensation Insurance – Bind Online Service”) (collectively, the “Workers’ Compensation Insurance Service”).
These Gusto Workers’ Compensation Insurance Terms are “Service Terms” under the Gusto Terms. Capitalized terms used but not otherwise defined in these Gusto Workers’ Compensation Insurance Terms have the meanings ascribed to such terms in the Gusto Terms and the Payroll Terms, as applicable. The Gusto Workers’ Compensation Insurance Customer Agreement is a legally binding agreement between Customer and Gusto. The individual agreeing to these Gusto Workers’ Compensation Insurance Terms on behalf of Customer (the “Authorized Signatory”) is encouraged to read the Gusto Workers’ Compensation Insurance 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 Customer to the Gusto Workers’ Compensation Insurance Customer Agreement. By (i) checking the box presented with these Gusto Workers’ Compensation Insurance Terms, (ii) providing information as required to initiate a Workers Compensation Insurance Quote, or (iii) accessing or using the Workers’ Compensation Insurance Service, effective as of the date of such action, Customer agrees to be bound by the Gusto Workers’ Compensation Insurance Customer Agreement.
1. These Gusto Workers’ Compensation Insurance Terms are Part of and Governed by the Gusto Terms and the Payroll Terms
The terms and conditions of the Gusto Terms and the Payroll Terms agreed to in connection with the creation of any Customer’s account, including but not limited to all representations, warranties, covenants, disclaimers, limitations on liability, agreements, and indemnities relating to the Gusto Services, are incorporated herein by reference, and Customer acknowledges and agrees that the representations, warranties, covenants, disclaimers, limitations on liability, agreements, and indemnities contained in the Gusto Terms and the Payroll Terms shall remain in full force and effect to the full extent provided therein.
If the terms and conditions of these Gusto Workers’ Compensation Insurance Terms conflict with the terms and conditions of the Gusto Terms, the Payroll Terms, or the NEXT Insurance Terms, then the order of precedence with respect to which terms and conditions control Customer’s use of the Workers’ Compensation Insurance Service directly on the Gusto Platform will be as follows: the terms and conditions of these Workers’ Compensation Insurance Terms, followed by the terms and conditions of the Payroll Terms, followed by the terms and conditions of the Gusto Terms, and lastly, followed by the terms and conditions of NEXT Insurance Service Terms.
THE GUSTO TERMS, AVAILABLE AT WWW.GUSTO.COM/ABOUT/TERMS, CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF GUSTO’S LIABILITY, GUSTO’S WARRANTY DISCLAIMERS, CUSTOMER’S INDEMNIFICATION OBLIGATIONS, CUSTOMER’S DUTY TO MITIGATE DAMAGES, THE LAW GOVERNING GUSTO’S PROVISION OF THE WORKERS’ COMPENSATION INSURANCE SERVICE, AND DISPUTE RESOLUTION PROCEDURES THEREUNDER.
2. These Gusto Workers’ Compensation Insurance Terms are in Addition to and Separate from the NEXT Insurance Service Terms
These Gusto Workers’ Compensation Insurance Terms, the Gusto Terms, and Gusto’s Privacy Policy available at https://gusto.com/about/privacy (the “Gusto Privacy Policy”) govern Customer’s access to and use of the Workers’ Compensation Insurance Service through the Gusto Platform, and are in addition to and separate from any terms governing Customer’s access to and use of NEXT Insurance’s services made available at https://apintego.com (the “NEXT Insurance Platform”). The NEXT Insurance Platform is governed by the NEXT Insurance Terms of Service Agreement available at https://apintego.com/termsofuse/, and the NEXT Insurance Privacy Policy available at https://apintego.com/privacypolicy.
Customer is encouraged to read and review the terms and policies governing the Gusto Platform and the NEXT Insurance Platform (the “Platforms”). Customer acknowledges that, under these Gusto Workers’ Compensation Insurance Terms, the policies and terms of both of the Platforms govern and may be inconsistent. Where any provision governing the Gusto Platform conflicts with any provision governing the NEXT Insurance Platform, the provision governing the Gusto Platform shall control for the purposes of services rendered on the Gusto Platform and pursuant to the Gusto Workers’ Compensation Insurance Customer Agreement.
3. Gusto Provision of the Workers’ Compensation Insurance Service is Governed by the Gusto Workers’ Compensation Insurance Customer Agreement
Subject to the terms and conditions of the Gusto Workers’ Compensation Insurance Customer Agreement, Gusto agrees to use commercially reasonable efforts to provide Customer with the Workers’ Compensation Insurance Service, through its partnership with NEXT Insurance, in accordance with the Gusto Workers’ Compensation Insurance Customer Agreement.
4. Obligations Under the Gusto Terms
In addition to the obligations specified in these Gusto Workers’ Compensation Insurance 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 required for Gusto to perform the Workers’ Compensation Insurance Service and maintain the accuracy and completeness of such information; (iv) timely and accurately respond to, execute, and submit information or documents requested directly by Gusto or NEXT Insurance; and (v) 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), and Section 21 (Duty to Mitigate) of the Gusto Terms.
5. Workers’ Compensation Insurance Service
Provided that Customer meets Customer’s obligations and complies with the terms of the Workers’ Compensation Insurance Customer Agreement, Gusto will provide Customer with the Workers’ Compensation Insurance Service. The Workers’ Compensation Insurance Service shall be limited to allowing Customer’s Account Signatory to (i) request Workers’ Compensation Insurance Quotes under the Traditional Workers’ Compensation Service; and (ii) request, review and/or accept Workers’ Compensation Insurance Quotes under the Workers’ Compensation Insurance – Bind Online Service. Customer acknowledges that NEXT Insurance, and not Gusto, is the broker or agent of record for any Workers’ Compensation Insurance Quote or Plan presented to or accepted by Customer via the Workers’ Compensation Insurance Service.
The decision to accept any such Workers’ Compensation Insurance Quote is made solely by the Customer. Customer acknowledges that NEXT Insurance, and not Gusto, is the broker or agent of record for any Workers’ Compensation Insurance Quote presented to or Workers’ Compensation Insurance Plan accepted by Customer via the Workers’ Compensation Insurance Service. Gusto does not and cannot design, amend, modify, or terminate any of the Workers’ Compensation Insurance Quotes offered or recommended as part of the Worker’ Compensation Insurance Service. Additionally, Gusto does not manage billing, process claims, make decisions, provide documentation or certificates related to, or determine eligibility requirements for Workers Compensation Insurance Plans.
6. Compliance with Laws
Customer acknowledges and agrees that neither Gusto nor NEXT Insurance can provide legal, financial, accounting, or other compliance-related advice to Customer regarding its use of or need for the Workers’ Compensation Insurance Service.
7. Customer Questions and Complaints
Gusto’s customer support for the Workers’ Compensation Insurance Service shall be limited to answering questions generally about the functionality or availability of the Workers’ Compensation Insurance Service. Any questions, complaints, or disputes related to eligibility, underwriting, management, billing, or claims processing related to a Workers’ Compensation Insurance Quote or Workers’ Compensation Insurance Plan should be directly solely to NEXT Insurance.
8. Service Fees and Charges
As part of the Workers’ Compensation Insurance Service, Gusto will invoice Customer, on behalf of NEXT Insurance, for fees that Customer has incurred and agreed to pay in connection with Customer’s Workers’ Compensation Insurance Policy (the “Workers’ Compensation Fees”). Customer (i) agrees to pay the Workers’ Compensation Fees assessed by NEXT Insurance and invoiced by Gusto; (ii) understands that failure to pay Workers’ Compensation Fees as they become payable and/or failure to run payroll at least once every calendar month may result in suspension or termination of Customer’s Workers’ Compensation Insurance Policy; and (iii) authorizes NEXT Insurance to debit Customer’s designated bank account, as specified by Customer through the Gusto Platform, for all Workers’ Compensation Fees as they become payable during the Term.
9. Limitation of Liability
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 WORKERS’ COMPENSATION INSURANCE COVERAGE; (II) REQUIREMENTS FOR A SPECIFIC WORKERS’ COMPENSATION INSURANCE PLAN OR SERVICE ARE MADE SOLELY BY THE INSURANCE CARRIER OF THAT WORKERS’ COMPENSATION INSURANCE PLAN OR SERVICE; (III) GUSTO DOES NOT GUARANTEE ANY WORKERS’ COMPENSATION INSURANCE PLAN OR SERVICE; AND (IV) GUSTO IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, LIABILITIES, OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE OF OR RELIANCE ON ANY WORKERS’ COMPENSATION INSURANCE QUOTE OR PLAN.
10. Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WORKERS’ COMPENSATION INSURANCE SERVICE, INCLUDING ANY AND ALL SERVICES PROVIDED AS PART OF THE WORKERS’ COMPENSATION INSURANCE SERVICE, AND CONTENT CONTAINED THEREIN, ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, GUSTO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE WORKERS’ COMPENSATION INSURANCE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, ACCURATE, ERROR-FREE, OR FREE OF DEFECTS, AND GUSTO WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS OR DEFECTS. ANY PARTICIPATION IN OR USE OF THE WORKERS’ COMPENSATION INSURANCE SERVICE OR CONTENT CONTAINED THEREIN IS AT CUSTOMER’S SOLE RISK.